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HomeMy WebLinkAbout1975-02-03_COUNCIL MEETINGCITY OF EDINA February 3, 1975 TO: Mayor and Council FROM: City Manager SUBJECT: FINANCIAL CONTROL OF COUNCIL - APPOINTED COMMISSIONS,COMMITTEES, TASK FORCES, ETC. JYA\ In order to maintain financial control of all City expenditures and receipts,.I recommend that you adopt the following policy statement and that it be transmitted to the chairpersons of all commissions., committees, task forces, and other groups established by the City.Council: "Expenditures for any purpose which are to be paid ultimately by the City of Edina shall not be incurred by any member of any commission, committee, or task force without prior approval from the Finance Director. Quotations for services; supplies or equipment may be secured directly by _ such members, but they must be submitted to the Finance Director for approval before any commitment is made. In the absence of such approval, persons making commitments =Abe held personally liable for payment. Any receipts of money from sources other than the City from activities carried on by any commission, committee, or task force must be considered as public funds and must be accounted for and deposited in accordance with instructions from the Finance Director." hd CYlllage of 4601 WEST FIFTIETH STREET EDINA. MINNESOTA 67424 927.8861 Mr. Hubert H, Humphrey Mr. Walter Mondale Mr, William Frenzel Gentlemen; January 2 9 e 1975 I have just been informed that there is a possibility of moving the "Personnel in the Department of Agriculture, presently located at 6400 France, to Prairie Village, Kansas . This would be a substantial economic blow to the Twin City Area. It is my understanding that there is a payroll of over three and a half million dollars, and of course the people live in Edina, Minneapolis, White Bear, St. Paul and elsewhere in the vicinity. This would produce a substantial negative economic impact on the area. In addition to that it is my understanding that it would be quite expensive to not only move these people, but to grant severence pay, pay the remainder of the lease, and generally disrupt the 240 employees there. I understand that Mr. Wickstrom has already talked to each of you, but I wanted to add my support to his request that, this change either be stopped, or if it has started, that it'be reversed. Yours tr ly , James Van Valkenburg, Mayor JVV • 4 o� R. E. SHORT / /? % �' / — FEderal 3 -6151 President ✓ s /t /�'/TJ� ��/t F% Area Code 612 MINNEAPOLIS January 27, 1975 Mayor James Van Valkenberg 4204 Phillbrook Lane Edina, Minnesota 55424 Dear Jim My appointment to the Metropolitan Council has made me fully aware of the many problems which will require my consideration during the term of my membership. With your help, I hope to be able to make a small contribution to the future growth of our metropolitan area. Everyone knows that the problems associated with metropolitan growth are difficult, and solutions are not readily apparent. Effective liaison with the appointed members of the Council and elected officials of the various districts will minimize the difficulty involved. I have been led to believe by elected friends in my district that a "give and take" session between myself and all interested officials of the district would be helpful at this early stage of my incumbency. With this in mind, I will be delighted if you can attend a meeting, February 13, 1975, at 7:30pm, in the Iowa Room of the Leamington Hotel. I have invited all elected officials of the 11th District. Further, I have suggested that they bring with them memb ers of their staff who are interested in the problems of metropolitan growth. I am fully aware of the open meeting law of the State of Minnesota, so public notice will be given and the public at large will be welcome at this session. 1 A � L Mayor James Van Valkenberg January 27, 1975 Page Two I would be grateful -if you would return the enclosed RSVP ca-rd whether you will attend, and if you plan to bring additional members of your staff. This, so that arrangements can.be,made by the hotel staff. I am looking forward_to meeting you personally, and to visiting.'with.y.o.u, about the growth of this great metropolitan area. Truly Robert E Short enclosure N0RTHL -RN STATES POWER COMPANY NORMANDALE DIVISION 5309 WEST 70TH STREET EDINA. MINNESOTA 55435 January 21, 1975 HONORABLE MAYOR AND CITY COUNCIL CITY OF EDINA EDINA, MINNESOTA Gentlemen: In compliance with our letter of October 24, 1974, attached are the new rates for municipal street lighting, water pump - ing,..and sewage pumping service that were filed with the Minnesota Public.Service Commission on January 2, 1975. Yours very truly, NORTHERN STATES POWER COMPANY By H. Kei h June Consumer SerV,l s Manager HKJ:amt Attachments RALPH H. LIEBER SUPERINTENDENT January 13, 1975 Mr. Warren Hyde City Manager 4801 West 50th Street Edina, Minnesota 55424 Dear Warren EDINA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT 273 SUITE 340 4660 WEST 77 STREET EDINA, MINNESOTA 55435 612 -831 -8900 Enclosed is a draft of a resolution that we could present. Please feel free to do all the rewriting you would like. I am afraid that I wasn't too creative. A few suggestions emanating from our meeting Friday are as follows: 1. Police school liaison program. Wayne Bennett will investigate further to determine dollars available and procedures necessary to secure LEA money. 2. Legislative efforts. I will check with John Hoyt regarding data to support dollars leaving our community and going elsewhere in the state. Both of us will exchange legislative efforts or pending legislation we feel could be mutually endorsed and worked for. 3. Add the following to our deliberations: A) Use of part -time bus crew for city work, B) Vehicle maintenance -- determining cost, use of facilities, fleet mechanic review of equipment available, i.e., are we double purchasing where unnecessary? 4. Joint program development. Community education -- potential cost savings should be explored, headed by the Park and Recreation Depart- ment. Need to check whether.mney from the state still available under this arrangement. 5. Coordination of community health services. Marcia Mohr to check senior citizens' needs. Perhaps one school could be identified, close to Southdale, as a ipl.ni- clinic providing services and allowing mutual sharing of costs. Lastly, we felt the following items should be eliminated from considera- tion: A) Cooperative census and community survey work., and B) Sharing of legal services. Procedures for undertaking investigation are: 1. Each of us will identify a person on our staff who will work together in gathering data and presenting a brief but detailed report of how the various areas may or may not become more cost effective or provide better Mr. Warren Hyde - 2 -_ January 13, 1975 service through greater 'cooperation. 2. A meting will be held, with the parties working on this project,.to explain ground rules, intent and purpose of exploration, 'and type of report to be presented to you and I with'a deadline date. 3. Upon review and analysis, we will determine whether areas should be carried to our respective Boards, additional data gathered or issues_. dropped. It was a good meeting, Warren. Thanks for the time. nc rely, Lieber Super tendent of Schools RHL: s Enclosure FOR ACTION INDEPENDENT SCHOOL DISTRICT 273 SUBJECT: JOINT COMMISSION OF CITY AND SCHOOLS Be it Resolved, That 1'he Board of Education of Edina Public School District 273, and The City Council of the City of Edina, Minnesota develop a joint commission composed of City Manager Warren Hyde and Superintendent Ralph Lieber to analyze areas of cooperation and present joint reco=,endations and specific actions to 'the two public bodies. BACKGROUND INFOR -ATION Opportunities for cooperation always exist between Edina City Council and the public schools as is evident by our joint undertakings. 1. Police- school liaison program. 2. Human Relations Commission. 3. Park grounds school facilities, used mutually. 4. Areas of cooperative purchasing, i.e. gas., oil, etc. 5. Availability of school busses for slimmer swimming program. 6. Elections, use of voting machines, use of facilities and storage. 7. Outdoor Space Study Committee, Transportation Study Committee. (Others, in past years.) 8: General areas of communication for joint problem resolutions,_i.e. sidewalk development. - -- 9 -. Utilization of students on work -study cooperative programs for a. variety of city activities. Areas that could be explored in more depth that may result in improvement of services at no greater cost, or a cost savings,,maintaining the same level of services are: 1. Legislation. A. Mutual assistance. B. - Joint data collection. C. Joint lobbying efforts. l '� 2. One Agency for Total Field Maintenance. A. Hiring. of personnel (jointly paid). B. Joint purchase of fertilizer. C. Lawn cutting and snow plowing. D. Lighting of tennis courts. E. Comprehensive use of field.survey and implementation.. 3. Building a Park Addition to the School for Gymnastics and Other Indoor Sport Purposes. 4. Community Use of School Buses on Saturday and Sunday for Community Purposes.. S. Open School Libraries on Saturday and Sunday for Community Purposes. 6. Mutual Use of Personnel. A. Public Information. B. Athletic Director. C. Maintenance. 7. Joint Program Development. A. Community education (administered by Park and Recreation Department or school district). Could combine school's adult education program, vocational education program, driver education program, and intra- mural program with park and recreation activities. Included under this could also be the police liaison program, the athletic director, public information, and park and recreation personnel. B. Coordination of community health services and nursing services under the auspices of the city. C. Growth of police. liaison program. 'D. Cooperative efforts to develop Bredeson Park and the schools` Nine Mile Creek area. Utilization of other members, both the city and school staff, will be essential in gathering specific data on these and many other issues. V 4 L� sesl ll ;;,, league of minnesota municipalities IIII LEGISLATIVE.ACTION CONFERENCE sponsored by the League-of. Minnesota Municipalities Wednesday,_.February 26,.1975 St. Paul. Arts and Science: Center - (t *o.-blocks south of the State Capitol and one block.north of the new League office) (See map on reverse.side) Before the Conference - Drop in at the League offices 300 Hanover Building, 480 Cedar Street St. Paul,. - .Minnesota 55101 1:30 to 4:30 P.M.— Briefing Session on Key Legislative Issues with' Legislative Spokesmen and Staff . Taxes....Pensions ... Veterans. Preference..... Land Use 5.:OO.to 7c,00 P.M. -- Reception with Minnesota Legislators. TO: Mayors, Managers.or Clerks in Member Municipalities- (please call to the attention of the Council.), The 1975 legislative action conference, scheduled.for Wednesday,. February. 26,..is, designed.to :give you maximum opportunity . to contact.your legislators directly on key issues of interest to your municipality and the - League. To make your..contact with your local legislators-effective and.profitable, the afternoon session will give us ample opportunity to discuss the status and prospects for important legislation. While the agenda..will depend somewhat on. legislative developments before.the meeting, important aspects of the .legislative . program will, be.covered...Capsule summaries of key bills.will be available together with information concerning which legislators.from your area are serving on key committees. From 5 until 7P.M., the League, on behalf of its members.is,inviting.all legislators, to be our guests for cocktails,.beer and a.spaghetti.supper:._ We anticipate an..excellent turn out because of our proximity to the Capitol and urge you to be on-.hand-to.contact your legislator personally. OVER 300 hanover building, 4130 cedar street, saint paul, minnesota 55101 C6121 222 -2661 NORTH Minneapolis STATE CAPITOL FREMVA'l 1 -35E 10th Street . Take'Wacouta Street Exit. Then follow sign to the right on 10th Street to Cedar FREEWAY I -94• FREEWAY 1-94-' Take 10th St. Take 6th Street Exi t Exit to Cedar to Cedar Street I Street 10th St. Arts & Science IN Center 101h St HANOVER BUILDING LMM OFFICE 9th St. „I 3 a, (a 0 o 0 o ra v fd � U . � U FREMVA'l 1 -35E 10th Street . Take'Wacouta Street Exit. Then follow sign to the right on 10th Street to Cedar FREEWAY I -94• FREEWAY 1-94-' Take 10th St. Take 6th Street Exi t Exit to Cedar to Cedar Street I Street 10th St. Arts & Science IN Center 101h St HANOVER BUILDING LMM OFFICE 9th St. „I 3 a, (a 0 o 0 o ra v fd � U " = e. _2_ Conference fee for municipal officials is $10.00 for any portion of the meeting: The feeds payable at the meeting or with the enclosed registration. League President Carl Wyczawski joins me in urging that,your municipality be represented. Sincerely, Dean A. Lund Executive Director CGW:ct Mrs. Darlyne M. Lang League of Minnesota Municipalities 480 Cedar Street St. Paul, Minnesota 55101 Please make reservation for the for the municipality Legislative Action Conference February.26 Enclosed is ($10.00 x number attending). Name Municipality The following persons will attend from my municipality: (please type or print) Name Title January 23, 1975 MEMORANDUM TO:The Honorable Members of the City Council and Mr. Warren C. Hyde, City Manager FROM: Robert J. Buresh, Assistant Fire Chief SUBJECT: Appeal of Fire Department Order by Inland Construction Company This memorandum will serve as the written report required by Ordinance No. 471 -A1, Section 3(b) concerning the appeal of December 23, 1974, to City Clerk, Mrs.Florence Hallberg, from David R. Linden, Attorney at Law. The following is a summary of events, taken from the Bureau of Fire Prevention file, which relate to.the appeal of the Fire Prevention Order requiring an automatic sprinkler system be installed in the office /warehouse compl:ex,.7651 -7697 Washington Avenue South, Edina, Minnesota: 1. On December °13, 1971, a Building Permit was issued.to Inland Construction- Corporation for the office /warehouse structure to be located at 7675 -7697 Washington Avenue.. On December 15, 1971, a Building Permit was issued to Inland Construction.Company for the office /warehouse building to be constructed at 7651 -7669 Washington Avenue South.. On December 14, 1971, a plan information and correction sheet was filed by the Building Inspector, (See Attachment Nos. 1.1, 2.11 3.1). The building plans and specifications were not submitted to the Fire_.Department for review. 2. On a fire inspection of the structure in February, 1973, many problems were noted. One of the primary problems was the fact that the'building was being occupied without a Certificate of Occupancy and therefore was in violation of Ordinance No. 403, Section 4(d). This was documented on the inspection report of February 22, 1973, to the Sherwin Williams Company with copies going to the Building Official and Inland Con- struction Company. (See Attachment No. 4.1, 4.2). 3. Although.the Sherwin Williams portion of this structure was protected by an automatic sprinkler system, negotiations were started with the Inland Construction Company to sprinkler the entire complex because sprinklering was required by the Building Code, . adopted by Ordinance No. 401 which was in effect when the building permit was issued. We attempted to work through the Building Inspection Department regarding this requirement due to the fact that the building did not conform to the Building Code, because it lacked the required sprinkler system` and had not been certified for occupancy as required by City. Ordinance. 4. Some differences of opinion existed between the Fire Department and the Building Department regarding the requirement for an automatic sprinkler system in the complex. On March 4, 1974, an inquiry was made to the International Conference of Building Officials for an official interpretation of the Building Code. (See Attachment No. 5.1). TO: The Honorable Members of the City Council and Page 2 'Mr. Warren C. Hyde, City Manager SUBJECT: .Appeal of Fire Department Order by Inland Construction Company January 23, 1975 5. On March 8, 1974, Vincent R. Bush, P.E., Regional Engineer, Inter- national Conference of Building Officials ruled that the building was in non - conformance and stated that the installation of an automatic sprinkler system would bring it into conformance. (See attachment No.- 6.1,6.2). 6. Negotiations for the sprinkler system were not fruitful and an order was issued to Inland Construction Company on April 11, 1974, to install an automatic sprinkler system in the entire complex. (See Attachment No. 7.1, 7.2). 7. No action was taken by Inland Construction Company to correct the deficiency and no appeal to the order of April 11, 1974, was ever- submitted. 8. In the summer of 1974, the Edina City Ordinance relating to unsafe buildings was revised. During the month of October; 1974,, questions were raised as to our ability to enforce the order of April 11, 1974, due to the change in our City Ordinance. Therefore, a new order was issued on November 19, 1974, to install an automatic sprinkler system in the entire complex. (See.Attachment No. 8.1). 9. The order from Ted Paulfranz on November 19, 1974, was appealed on December 23, 1974. (See Attachment No. 9.1). 10. At some time after Inland Construction Company had allegedly completed the building shell of the complex (no date on certificate), a code compliance certificate was issued to them by Cal Moser. (See Attachment No. 10.1). It is my recommendation that an automatic sprinkler system be installed in this building at the earliest possible time. Reasons for recommendation: 1. The building does not conform to the Building Code under which it was built in.that it does not have a sprinkler system nor has it complied with any subsequent Building Code adopted by the City of Edina. 2. It has been the policy of the Edina Fire Department to require built - in fire protection equipment installed in all new and existing - - - structures when such equipment is required by the Fire Code or Building Code. 3. The precedence has previously been set in Edina on numerous occasions . and other owners of existing properties have been required to update their buildings in accordance with the legal requirements of our Codes. TO: The Honorable Members of the City Council and, Page 3 Mr. Warren C. Hyde, City Manager SUBJECT: Appeal of Fire Department Order by Inland Construction Company January 23, 1975 4. The roof system of this structure along with many of the supporting members are constructed on unprotected structural steel. Unprotected steel loses 70% of its.strength at approximately 10000 F. Under normal fire conditions we can expect to encounter temperatures in excess of 15000 F. in the area of the structural steel. Past experience on these types of structures varifies that the roofs collapse pre - maturely under fire conditions and have cost the lives of many firemen and caused excessive property damage. 5. The .building has never been certified for occupancy in accordance with Ordinance No. 403 -A1 and is.presently being occupied illegally. 6. The building is dangerous under Ordinance No. 471 because (i) .it is being maintained in violation of the applicable Building Code as above stated, (ii) it is a fire hazard under Section 203 of the Uniform Building Code adopted by Edina Ordinance No. 404 for the reasons set out in Paragraph 4 above, and (iii).:it is being maintained in violation of the codes and standards.adopted by Ordinance No. 611,. namely, the Fire Prevention Code and the National Fire Code,.`No. 231 -1965 edition, because of. lack of a sprinkler system for the entire building. 7. All of the existing violations can be cured and.the building.made safe by the installation of the required sprinkler system.. Respectfully submitted., Robert J. Buresh, Assistant Fire Chief Edina Fire Department. RJB /dd Attachments A T NUF.,BER BUILDING PERMIT PARCEL NUMBER VILLAGE OF EDINA 4801 WEST 50TH STREET ® EDINA, MINNESOTA55424 ® WA.7 -8861 1, SITE ADDRESS - - BUILDING NAME 2. CONST. PERMIT NUMBER. TYPE IV N 7651 - 69 Washington Ave. Office Warehouse � 3. GROUP F -2 F -626 4. OWNER'S NAME ADDRESS TEL. NO. DATE APPLIED FOR- DATE OF PERMIT Inland Construction Corporation 7379 Washington Ave.. 941- 1900. 12 -13 -71 12 -15 -71 5. BUILDERS NAME $ LICENSE NO. ADDRESS TEL. NO Inland Construction Corporation 6. ARCHITECT'S NAME ADDRESS TEL. NO. Reese - Rova Associates 5350 WEst 78th Street 941 -4313 7. BUILDING DESCRIPTION AND USE Multiple OCCUDancv Office Warehouse with-covered loadinq docks 8. B UILDING FACES 9. 50 FT. BACK FT. NOR SET FRONT TH � EAST `) SOUTH OWEST ON Washington Ave. BACK ) N SIDE 84 FT. - E SIDE 75 FT. 10. LOT SIZE 11. BUILDING SIZE 12. STORIES, 13. FLOOR AREA SQ. FT. 14. FIRE ZONE 15. DECLARED VALUE 474/48 3975.j 2 28 X 24 8 L-3 ' Ex� z [:13 $220,000. 1 16. BLDG. DEPT. ESTIMATE 17. STARTING DATE 18. FINISHING DATE jig. SOIL TESTS IgA. ELEVATOR $235,500. 12 -1 -71 -5-1 -72 NO ............... 20. LEGAL DESCRIPTION Tract D and part tracts C & E. RLS #1283 - see survey 21• MINIMUM ELEVATIONS FOUNDATION TOP BSMT. FLOOR FT. GARAGE FLOOR — 22.` SPECIAL CONDITIONS Permit i5 for building shell only. VARIANCE GRANTED BY BOARD OF APPEALS BY.�r�. I' 61' 71 ................... 2.�..1 ........ :pa ce/tl5 1 FT. 21 A. DRIVEWAY TO BE HARD SURFACED TO EXISTING TRAVELLED STREET I By ..L,A...N .................................... ............................... FT. PLANNING AND 20NING DEPT. Date Occupancy separations and office areas must be applied for under separate permits. See plan correction sheet. Provisions are made for futut~e use of the handicapped if needed. 23. PLUMBING SUB CONTRACTOR 24. HEATING SUB CONTRACTOR NO PART OF ANY BUILDING AREA AUTHORIZED BY THIS PERMIT MAY BE OCCUPIED UNTIL FINAL INSPECTION AND ISSUANCE OF f E;2h1!T TO OCCUPY BY BUILDING INSPECTOR. ACKNOWLEDGEMENT AND SIGNATURE: - The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing th a Village of Edi�.o to take the action herein requested, that all statements herein are true and that all work mentioned will be done in accoretance with the Ordinances of the VILLAGE OF .EDINA, THE STATE OF MINNESOTA, and rulings of the Building Department. ............................... ............................... Electrical Inspector Date at rr ; ........................................... ............................... FEES PERMIT s 351.50 PLAN CHECK .s 175.75 PENALTY $ SPECIAL $ 117.7.5 TOTAL FEE s 645.00 ........................................... ............................... Building Inspector Dote CREDIT OEP. $ AMT. DUE Z.r DEPARTMENT FINAL APPROVALS VARIANCE GRANTED BY BOARD OF APPEALS BY.�r�. I' 61' 71 ................... 2.�..1 ........ :pa ce/tl5 1 FT. 21 A. DRIVEWAY TO BE HARD SURFACED TO EXISTING TRAVELLED STREET I By ..L,A...N .................................... ............................... FT. PLANNING AND 20NING DEPT. Date Occupancy separations and office areas must be applied for under separate permits. See plan correction sheet. Provisions are made for futut~e use of the handicapped if needed. 23. PLUMBING SUB CONTRACTOR 24. HEATING SUB CONTRACTOR NO PART OF ANY BUILDING AREA AUTHORIZED BY THIS PERMIT MAY BE OCCUPIED UNTIL FINAL INSPECTION AND ISSUANCE OF f E;2h1!T TO OCCUPY BY BUILDING INSPECTOR. ACKNOWLEDGEMENT AND SIGNATURE: - The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing th a Village of Edi�.o to take the action herein requested, that all statements herein are true and that all work mentioned will be done in accoretance with the Ordinances of the VILLAGE OF .EDINA, THE STATE OF MINNESOTA, and rulings of the Building Department. ............................... ............................... Electrical Inspector Date at rr ; ........................................... ............................... rT r Mechanical Inspector Dote Ot n 3 is C 7 C ........................................... ............................... Building Inspector Dote - Z.r O n • G n ........................................... ............................... Fire Chief Date r 1.- O ............. ....... ....................................................... J Sanitarian Data H — b PERMIT TO OCCUPY GRANTED Q CONDITIONAL PI-AT NUMBER - DUILVII`IV r LI \nll 1 I" - VILLAGE. OF EDINA 4801 WEST-50TH STREET ® EDINA, MINNESOTA 55424 O WA.7 -8861 1 S1 T E,A OD R ESS BUILDING NAME 2. CONST.- TYPE N . _y ��� 3. GROUP F , F -628 7675 to 7697 Washinaton Ave. Office Warehouse -2 TEL. NO. DATE APPLIED FOR DATE OF PERMIT 4, O vlNER'S NAME ADDRESS � 941 12 -9 -71 12- 13 -7,1 Inland Construction Corporation 7379 Washington Ave. -1900 S. BUILDERS NAt✓,E ADORF-SS TEL. NO FEES & LICENSE NO.J - s 386- l'� /'� /_ �7 `—. PERMIT , -50 6. ARCHITECT'S NAME ADDRESS TEL. NO. 173.25 PLAN CHECK $ Reese Rova Associates PENALTY $_ 135.20 7. BUILDING DESCRIPTION AND USE SPECIAL $ '•1,Itinle office warehouse occupancy - with covered loading docks TOTAL FEE s— 714.95 8. EUILUING FACES SET 1 FRONT 50 FT. BACK FT. E NORTH Lj CAST ON Washington Ave. E 75 BACK 1 S SIDE _84 — FT. SIDE FT. CREDIT DEP. --- rz SrUit: �_ � WEST I " -- - -- — 10. LOT SIZE 11. BUILDING SIZE 12. STORIES 13, FLOOR AREA SQ. FIRE ZONE 1S. DECLARED VALUE AMT. DUE S- ------- DEPARTMENT FINAL APPROVALS 474 397 x �/488x /512 I 335 124 j14. I 41 540 C� I CX-1 2 C�3 $250,000. VARIANCE GRANTED BY BOARD OF APPEALS 15. BLDG. DEPT. ESTIMATE STARTING DATE 18. FINISHING DATE " SOIL TESTS 19A. ELEVATOR 270,400. 117. 12 -1 -71 5 -1 -72 jig. yes p i I ed NO ............... By ................................................ ............................... Date _ I By :............................................... ............................... 20. LEGAL. DESCRIPTION Tract D & Part tracts C & E RLS 1283 - see survey 21• MINIMUM ELEVATIONS FOUNDATION TOP FT. 21 A. DRIVEWAY TO BE HARD SURFACED TO EXISTING TRAVELLED STREET AND ZONING DEPT. Date_ Q1'. T FI nnR FT. GARAGE FLOOR FT. .PLANNING 22. SPECIAL CONDITIONS . Permit is for building shell only. For office spaces and fire separations additional applications for permits will have to be made. See plan correction sheet. Provisions have been made for the handicapped future use if necessary. 23- PLUMBING SUB CONTRACTOR 24. HEATING SUB CONTRACTOR ..................................... ............................... a CT Electrical Inspector D rr r n� n� Mechanieal .In..sp..ecto.... ..................D ' p n g to Z rt O K ...................................... ............................... . Buildinq Inspector D n t-+ rt r• O 7 NO PART OF ANY BUILDING AREA AUTHORIZED BY THIS PERMIT MAY BE OCCUPIED UNTIL FINAL INSPECTION AND ISSUANCE ............. •••••••••••••• • Fire Chi f •••••..................•••• ° °° D 0 OF PERMIT TO OCCUPY BY BUILDING INSPECTOR. o b ACKNOWLEDGEMENT AND SIGNATURE: - The undersigned hereby represents upon all of the penalties of law, for the purposel b inducing y th a Village of Edina to take the action herein requested, that all statements herein are true and that all work mentioned will be done in ..................................... ............................... accordance with the O.dinances of the VILLAGE OF EDINA, THE STATE OF MINNESOTA, and rulings of the Building Department. Sanitarian D PERMIT TO OCCUPY -Q GRANTED Q CONDITION_ —f I\�!!� 1 �.., / ✓ ,�. / %Gr— v L/- %•'�.>'..Y.a.v .. .. ......................................................... - ...... . . --- Agent for the Owner Building Inspector Date Date VILLAGE OF ED I .•:A BUILDING GEPARTMEN1 PLAN INFORvATION AND CORRECTION SHEET Inland Construction Company Attachment No. 3.1 :u i I der /O•:Jr.or Inland construction corporation 7379 Washington Ave. 941 -1900 I Permit No. Od 9 . N,:Ta & Address Office Warehouse # 7 8 8 7651 b 7675 Washin ton AlF -6 ?.8 8 F -626 I Date 6rch1-toct Reese Rova Associates 5350 West 78th St. 941 -4313 12 -13 -71 I Valuation 1 :n4 i r;.sr Meyer, Bergman 8 Johnson 11009 Marquette Ave. rccupzncy F -2 Type IV N Use Warehouse .ot Size Fira Zone 1 2 3 Area Zone >asic Area Allow. 9000 Allowable Increase 50 a loor Area 6sint !st 2nd 3rd Daie Receivec: I 12 -9 -71 Foundation Ftgs. Exterior Wal 1 )ccunant Load Bsmt. Ist 2nd 3rd Roof 8 I >oiI Test X Rec. Loading Piling -Design Load =t g . Loads 6snt . I st 2nd 3rd •- . none �araga Sq. i= � No, of Units Type'• - )that InFomaticn Parking is ample for office warehouse use. ( ( Additional parking areas are available if warehouse use is converted to f Getting Inter! or Ila I I Exits & I S'ra i rs ` Corridors 8 j Doors manufacturing and assembly use. ! Exit Liohts ! I This is a type IV building, maximum floor area for any single interior 4 Fire occupancy is 10,125 sq. ft. between fire separation walls. -End Equipment + I occupancies may be 11,250 square feet. Heating All interior materials of construction must be non - combustible or if of ( Plumbina f wood, it must be fire retardent treated. Ventilation I Provide new plan show ino alternate hookup for building rainwater leaders.) Fcod I Provide "tempered" glass in all entrance doers. Provide "lever" latch r-qu i p:.ent handle on all doors. Mail slots should not be placed where they make ( ! 1 latch handle accessable from slot. i Attachment No. 4.1 February 22, 1973 12r. Robert C. Paquette, Branch Manager Sbarwin Williams Company 7690 Washington Avenue South Edina, Minnesota 53433 Dear Mr.. Paquette: A fire inspection was conducted on February 16, 1973, at. your business located at,7696 Washington Avenue and it was found that the building.was being occupied without an Occupancy Certificate. Several fire hazards and life safety deficiencies were noted. It was decided at that time to allow you-to continue occupying the office and warehouse if all red label products were removed from the warehouse. This conditional occupancy is coc�iddred temporary based upon your compliance with the following building - and fire code requirements. 1. Obtain a permit from. the Edina Fire Prevention Bureau for the storage and handling of flammable liquids. A list of your proposed inventory showing the quantity of all flammable and combustible liquids must be furnished to obtain a permit. 2. The portion of your building which is classified E -2 in accordance with the U.B.C. shall not exceed the 1500 square foot maximum as required by the State Building Code in fire zone 11. U.B.C. 1603 (c). 3. All storage of flammable and combustible liquids crust meet the regfif.rements as stated in the U.B.C. 4. Install fire extinguishers in accordance with the requirements of the Fire Code. (N.F.P.A. 10). 5. Provide sawdust or other suitable material-'for absorbing flamable liquid spills. 6. Post "no Smoking" signs in all flammable liquid storage and handling areas. 7. All electrical wiring and equipment located in the flammable liquids inside storaas room shall be installed in accordance with Section 500 -4, Class 1, Division 2 of the national electrical Code. 8. All power operated industrial trucks in the flammable liquid areas must be 3esionated as DY, EB, or EX. (O.S.H.A. 1910.173). Attachment No. 4.2 Mr. Robert C. Paquatte, Branch Hanger February 22, 1973 Page 2 9. The sprinkles system must be hydrostatically tested and meet the requiremments for your storage arrangements. 100 i�ovide proper fire resistive separation between E -2 and F -2 occupancies as required by the U.B.C. 11. Provide floor drainage system in flammable liquid room in accordance with American Insurance association, Special Interest Bulletin 0155. (See Enclosure). A plan of correction for the above listed items must be submitted to the Fire Department before March 2, 1973. If you have any questions regarding this inspection raport please contact me at 927 -8863. Sincerely gaura, Robert J. Buresh, Assistant Fire Chief Fire Pre•fention Bureau Edina Fire Department RJB /dd cc: Cal Moser, Building Official cc: Hill Harrison, Inland Construction Company 7379 Washington Avenue 55435 -W.--T 'dsrch IF, 1974 Mr. VI ncent T'.. Bust Ri-crionzl F.n;*ineer. -Internatz.onal Conrerence of Building Officials 1125 Grand Avenue Suite 2004 Kansas City , Mo. 64105 Dear Nr. Bush: Inland Construction Company Attachment No 5.1 Enclosed, heres/ith is a survey or plot Plan a::% an elevation of the load in;; docl: area with canopy or. roof over. The ori,rf?nal bill1dir.g ncr -vita �rrere .for tiro urs- )rinl:'_er.ed buj*l:l ngs with openings On t170 sides, and the areas of Pach space came within the Maximum allowable area for unso:^in }:lered ;^aces. I considered the ca no�v area s open space because there is pore than 20 feet of side yard =or eaclh building. I neglected to consider the definition o_ card (beir.^ open to the sky) . Since the two or one I.uild -Ing i:: occupied we find it necessar-i to rewire sprinlaers in nost of the spaces, or, if the de inition is one building, then all spaces nust an provided with spriTh }:hers. The foregoing leads us to another pro')le:i; nanely, does the canopy have to be Wads 1 l:r. _`ire resistive with heat vents _n the assem.}rly or should it `,e t provided with sprin':lers and heat vent:.. Our Fire Department does not feel that they should fi.0 -t a fire from within the canopy area because of the possibility or collapse fro-1 heat generated undtir the Cr _A11Oi,y, 11YCh W7l ?li Cause its col la-se _` hIgh to er itures are re3Ci:ed. We are also advisEd that f7or irsurance- pur-)oses this i.s considered Ore !:uildi r.C;. If nor( In o-14i?-ati-on is nce' e(i for an iI?t.'rp'_^etation of the aro51en, please adviso. Thanl: you for your attention to the forego -.ng. C. Poser Building Inspector Ci'111 :1.n r.11c. a 71- _y t` /V— Attachment No. 6.1 =: Interna tional Conference of Building Official; " 4 5360 SOUTH WORKMAN MILL ROAD WHITTIER, CALIFORNIA 90601 (213) 699 -0541 OFFICERS PRESIDENT NEWELL POCK CHIEF BUILDING INSPECTOR YAKIMA. WASHINGTON FIRST VICE - PRESIDENT JACK D. WHITE BUILDING CODE ENGINEER KANSAS CITY, MISSOURI SECOND VICE-PRESIDENT RAY J. NOKES BUILDING OFFICIAL COUNTY OF SANTA BARBARA SANTA BARBA RA. CALIFORNIA TREASURER FLOYD G. McLELLAN. JR. DIRECTOR OF BUILDING AND SAFETY COUNTY OF ORANGE SANTA ANA, CALIFORNIA JUNIOR PAST PRESIDENT EUGENE R. PESTER DIRECTOR OF COMMUNITY DEVELOP14ENT POMONA. CALIFORNIA EXECUTIVE DIRECFOR T. H. CARTER 5360 S. WORKMAN MILL P.D. WHITTIER. CALIFORNIA MANAGING DIRECTOR JAMES E. HIHF? 5360 S. WORKMAN MILL RD. WHITTIER, CALIFORNIA DIRECTORS GAYLORD C. DOWD DIRECTOR OF INSPECTIONS . KALAMAZOO, MICHIGAN DONALD A. ERICKSON DIRECTOR DEPARTMENT OF INSPECTIONS MINNyEAFOLIS, MINNESOTA BILL P. HORN CHIEF BUILDING INSPECTOR PIERCE COUNTY TACOMA. WASHINGTON ROSEP.T B. FELDNER SUPERINTENDENT OF CENTRAL INSPECTION WICHITA. KANSAS CHARLES R. HINKLEY CHIEF BJIL01 IIG INCP�CTOR MOUNTAIN VIEV /. CALIFORNIA VICTOR L. TAUGIIER BUILDING OFFICIAL COUNTY OF ALAMF.GA HAY�•:ARD. CALWONNIA W. F. FUREY SUPERINTF.N3CN; OF RUILD!NG RIVERSIDE. CALIFORNIA FLOYD G. McLELLAN. JR. GikEC -1611. VF uU-011"G AND SAFETY COUNTY OF ORANGE SANTA ANA. LALIFOIINIA M. J. SIENEP.TH DIRCCTOR OF BJIL'�Ui AND I!OUL :.... SAFELY DE"A RTMENT PI IOENIX. ARIZONA March 8, 1974 C. H. Moser Building Inspector Village of Edina 4801 [Jest Fiftieth Street Edina, Minnesota 55424 Dear Cal: REPLY TO: MIDWEST REGIONAL OFFICE 6738 N.W. TOWER DR. KANSAS CITY, MISSOURI 64151 (816) 741.2241 VINCENT R. BUSH REGIONAL ENGINEER KEN CHRISTENSEN ..FIELD REPRESENTATIVE I've gone over your letter of March 4 and the plot plan which you enclosed sho*ing the two buildings which were connected together by construction of a metal canopy between the two. The construction of the metal canopy does, in fact, create one large building where before you had two separate buildings with a 60 foot yard between them. By covering the 60 foot yard with the metal can you have in effect created the one large building, with 95,460 square feet more or less. The only unsprinklered building permitted by the code with an area this large would have to be of Type I construction. The building under question here cannot be of Type I construction as the unprotected metal "canopy precludes a Type I classification for the building. In order to meet the area requirements of the code there are two alternatives. One is to divide the building with area separation walls so that each individual section between separation walls would be within the allowable area set up by the code. The other choice is to protect the entire building, including the canopy, with a fire sprinkler system- C3 latter alternative rnwy be preferable to the o-uner because of the flexibility aizich is permitted by having a large unsl.'.����•T•ryr�trd area. Goalimi-ng that you have a Group F Oc cLlp`nc y the building then would be permitted under the provisions of Section 506(b) which perri is any building of one or two stories in height and of Group F occupancy to be of unlimited area if it has an automatic fire sprinkler system throughout and is entirely surrounded b }r yards or streets of 60 feet i-n ,- -,-.; 'r Attachment No. 6.2 C. H. Moser March 8, 1974 Page 2 width. The sprinkler protection should also cover the canopy. In other words, the entire building complex should be protected by an automatic fire sprinkler system. The canopy itself does not require any special fire resistive construction because Section 506(b) would permit a Type V building here so that no special fire resistive construction is required. Smoke and heat vents would not. be required for the canopy or for that matter anywhere within the building because Sec ion 3206(a) only -requires them where the area exceeds 50,000 square feet in any undivided area'. To recapitulate then, the addition of the canopy does create one large building of approximately 95,000 square feet. In order to comply wit^ the code this building should either be protected �tiith an automatic fire sprinkler system or should be subdivided into allowable areas by area.separation walls. The canopy does not require any special fire resistive protection and smoke and heat vents are not required anyghere in the building by the building code. -Sincerely, ./V ` Vincent R. Bush, P.E. Regional Engineer VRB /na "':51 . Attachment No. 7.11rlu N,1187 -� �l 4801 WEST FIFTIETH STREET • EDINA. MINNESOTA 88424 April 11, 1974 927 -8861 George Welsh, President Inland Construction Company 7359 Washington Avenue South Edina, Minnesota 55436 Dear Mr. Welsh: During the months of January and February of this year, several routine fire inspections were made of your office - warehouse complex - buildings numbered 7651 and 7675 Washington Avenue South. Those inspections demonstrated the need for complete automatic sprinkler protection. Appropriate provisions of both the Building and Fire Codes would require sprinkler protection. Fire experience with respect to such large, unprotected buildings clearly indicates the need for automatic sprinkler protection. Particularly when Fire Department operations would be seriously handicapped by limited accessibility. This building complex was not constructed or occupied in conformance with the Building Code. Ile appropriate code at the time of construction was the 1964 edition of the Uniform Building Code. Several sections of this code involving maxim m allowable floor areas and exterior openings have not been complied with. Proper occupancy approvals by the Fire Department have not been obtained as required by City Ordinance. As the present time this building complex is in violation of the following Building and Fire Code sections: 1. National Fire Code, Volume 9, 1965 N.F.P.A. 0231, Section 411 "Warehouses Containing Type I and /or II Storage ". 2. Uniform Building Code, Section 3802 -6. Croup E -2 Occupancies With Floor Areas in Excess of 1500 square feet. 3. Uniform Building Code, Section 3802 -1. Exterior Openings for Fire Department Accessibility. i 4. Uniforn Building Code, Section 506. Maximum Allowable Floor Areas. See attached letter. 5. Uniform Building Code, Section 302 -c. Correction of Code Violations. f i Our evaluation of this office - warehouse complex on the basis of both use i and design strongly suggests the need for sutomatic sprinkler protection. ! I i Attachment No. 7.2 r....y �.: lsh, Prel -�"t C�J.i���s3 �.' ®� 7.0 -qu 4001 WEST FIFTIETH STREET • EDINA. MINNESOTA 5542♦ 927 -8861 You are hereby ordered to install an approved, completed automatic sprinkler system in your building complex by the authority of the A.I.A. Fire Prevention Code, Section 14.2, City Ordinance 611, Section 1 -a. This-system shall provide protection for all areas of buildings 7651 and 7669, Building 7675 thru 7697 and the covered canopy area. This system shall be installed in conformance with _ National Fire Code, Volume 6, N.F.P.A. #13 and shall be _"41ete within-­ six (6) months. If compliance with this Fire Prevention Order cannot be achieved in y the designated time, please submit to our office a proposed plan of correction. This plan must be received by this office not later than April 29, 1974. If you have any further questions please do not hesitate to call me at 972 -8865. Sincerely yours, Theodore Paulfran8, Inspector Fire Prevention Bureah Edina Firs Dea rtment ..c -. � _ ., rr�,r •c a �. _ •T Y� �rtv '�re�'F'S1�X`}a 1.: � i t . . `SENDER. Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCKS) . t. (Additional charges required for these services) Deliver' ONLY Show to whom, date arid address a 'for addressee ' where delivered F - RECEIPT Recei art ved the numbered icle described below REGISTERED N0..' SIGNATURE OR NAS1E OF ADDRESSEE. •()lust always be filled i.) j SIGNATURE OF ADDRESSEE'S AGENT, IF ANY INSURED r ,I Q31- HERE DELIVERED (07111 if requested, and include ZIP Code) RECEIPT FOR CERTIFIED M. IL -30,1 (plus postage) a ti S'1 co 0 z PS Form 3200 HO INSURANCE COVERAGE PROVIDED— (Sea oche. s;de Nov.1971 h0T iCi I;YTERNATIO,`I,ll 'rtAlL .a►o- ..700.].1 -.w CR DATE STREET AN N,). P.0 %7r 1`10 7'P CODE _yam i ✓%t.�.:� /______.L ,711 t7 GP:10HAL SMOC;S FOR ADDITIONAL FEES _ RETURN 1. Shows to whom and dote deliver:d ............ 15r ;v;• ^. �elnerI !o ad•uessea oniv _.. ..... . 65C RECEIPT ;. :. Shows U whom, date and whet_ delivered 35! SERVICES j N? well to .t ^yeSS.'_a rnly . 85t ----- - - - - - -- OELIV_.°. Y SPECIAL PS Form 3200 HO INSURANCE COVERAGE PROVIDED— (Sea oche. s;de Nov.1971 h0T iCi I;YTERNATIO,`I,ll 'rtAlL .a►o- ..700.].1 -.w inlanu uan5LLUULiyu %,uuiYauy Attachment No. 8.1 November 19, 1974 Mr. George Welsh, President Inland Construction Company 7359 Washington Avenue South Edina, Minnesota 55436 Dear Mr. Welsh: Recent changes in City Ordinance No. 471 necessitates the reissuing of certain I orders involving unsafe buildings. The following orders will supercede orders r� to you dated Apr6k 119 1974, and requiring the installation of an automatic ; sprinkler system in your buildings numbered 7651 and 7675 Washington Avenue. Inspection and evaluation of your building complex indicates serious violation of Fire and Building Code provision3. Large and undivided floor areas in these buildings represent a critical fire hazard and the best and more appro- priate method of providing fire protection for such areas is through the use j of an autawtic sprinkler system. Pursuant to Section 3, City Ordinance No. 471, you are hereby ordered to in- eta ll an approved, complete and automatic sprinkler system in your building EI) I complex. Street addresses 7651 thru 7669 and 7675 thru 7697 Washington Avenue, Edina, Minnesota. rThis order is issued under paragraph a -10, g and h of Section 2, City Ordinance No. 471. Specifically it is issued because of violations of Uniform Building Code, Section 3802 -60 3802 -1, 505, 506, 302 -c and 3301, and violations .7of A.I.A. Fire Prevention Code, Section 14.2 and National Fire Code, N.F.P.A. / J/ ,#231 -1965, Section 411. 'f The sprinkler system to be installed must provide complete protection for all floor (areas and the canopy (enclosed) of said buildings and shall be installed in complete conformance with the National Fire Code N,F,P.A, 0139 1966 edition as adopted by City Ordinance No. 611. The sprinkler system shall be completely installed within six months of the date of this order. Pursuant to City Ordinance No. 471, you have the right to appeal this order to the City Council by filing a written appeal with the City Clerk within thirty (30) days from the date of thia order. If you have any questions or with further information please call me at 927 -6865. Sincerely, Theodore Paulfranx, Inspector Fire Prevention Bureau Deputy Building Official TRP /dd j Inland Construction Company Attachment No. 9.1 ^_— David R. Linden Attorney At Law 7379 Washington Ave. So. Edina, Minn. 55435 Ph 6 2 94 one (1 ) 1 -4170 December 23, 1974 City Clerk Village of Edina 4801 West Fiftieth Street Edina, Minnesota 55424 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. A1- 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. Paulfranz, I am requesting that he provide me with copies of the specific code provisions which, it is claimed, �s Inland is in violation. Very truly yours, David R. Linden DRL : b lm cc: William D. Harrison Theodore Paulfranz . , Attachment No. 10.1 �T �-,� +: •11�x `ad �.�C�.�'�vwa„c_ v ^a .. _ . _'a ".i.d L1i:t si:d 6ibl G .... —.� - i •we.$ NRAr rtri.trw ♦1M \ti COMA. 946wwtscr• 67434 CODE COP IPL 1 AINCE CERT I F i CATS t "Ole- This Is to Certify that the Of fice - Warehouse 7,4-8 b i I d ! ngs . located at 7651 -7669 & 7675 & 7697 Washington Ave. So., Edina, Minnesota constructed b Inland Construction Corporation y . for Inland Construction Corporation - under Building Permit ti F -628 and F -626 _ has been inspected and r-.eets the minimum requirements of the Edina Village Building Ordinance #401, Plumbing Ordinance 431, Fire_ Department Ordinance §61.1, Health Department Ordinance 4741 and Zoning Ordinance x`31 I . Electrical viork Is under State Code and -- supervision and therefore Is not covered by this Certification. Certification is subject to following conditions and exceptions: Applies only to Shell building and tenant spaces located at 7665 -7669, 7651 -7653, 7663, 7675, 7687 and 7691 -7697 Washington Avenue South, Edina, Minnesota. This is not an Occupancy Certificate. Occupancy Certificate nust be applied for by actual occupant. VILLAGE OF ECINA -FIE,r January 23, 1975 MEMORANDUM TO: The Honorable Members of the City Council and Mr. Warren C. Hyde, City Manager FROM: Robert J. Buresh, Assistant Fire Chief SUBJECT: Appeal of Fire Department Order by Southdale Bowl This memorandum will serve as the written report required by Ordinance No. 471 -A1, Section 3(b) concerning the appeal of December 16, 1974, to Mrs. Florence Hallberg, City Clerk, from Robert F. Henriksen, V..P., Gus Youngs, Inc. The following is a summary of events, taken from the Bureau of Fire Prevention file, which relate to the appeal of the Fire Prevention order requiring an automatic sprinkler system be installed in the Southdale Bowl: 1. Due to many Building Code violations which showed up in a survey of the Biltmore Lanes, a survey was conducted on the other bowling lane located in Edina to determine if similar problems existed. The problems with both of these buildings were much the same, primarily involving large unprotected floor areas, non -rated construction and lack of adequate exterior openings. 2. It was determined that Southdale Bowl, 3401 West 69th Street, did not conform to the Building Code which was in effect at the time..of original construction in that it did not have the required sprinkler system installed throughout the building. It was also determined that the building did not meet the requirement of subsequent Building Codes in Edina. Therefore, on March 7, 1974, an order.was written by Inspector Paulfranz, to install an automatic sprinkler system at Southdale Bowl. (See Attachment No. 1.1). 3. As a result of this order, Inspector Paulfranz met with Mr. Henriksen to discuss and review the pertinent code requirements. At that meeting it was resolved that these orders should be properly handled through the Edina Building Construction Codes Commission. 4. On April 5, 1974, the sprinkler order was appealed. (See Attachment No. 2.1). 5. The Edina Building Construction Codes Commission meeting was never scheduled and in the interim the Edina City Ordinance relating to unsafe buildings was revised. During the month of October, 1974, questions were raised as to our ability to enforce the order of March 7, 1974, due to the change in our City Ordinance. Therefore, a new order was issued on November 18, 1974, in accordance with City, Ordinance No. 471. (See Attachment No. 3.1). TO: The Honorable Members of the City Council and Page 2 Mr. Warren C. Hyde, City Manager SUBJECT: Appeal of Fire Department Order by Southdale Bowl January 23, 1975 6. The order from Ted Paul franz on November 18, 1974, was appealed on December 16, 1974. (See Attachment No. 4.1). It is my recommendation that an automatic sprinkler system be installed in this building at the earliest possible time. Reasons for recommendation: 1. The building does not conform to the Building Code under which it was built in that it did not have the required sprinkler system installed throughout the building, nor has it complied with subsequent Building Codes adopted by the City of Edina because it lacks the required exterior openings. In addition to this the roof system of the building does not have a fire resistive rating, which is required by Code. 2. Adequate exterior wall openings are required for the purpose of ventilating smoke and heat from the building, to perform firefighting and rescue operations through, and to serve as an emergency means of egress for firefighters operating within a structure under fire conditions. Modern Building Codes, as does our State Building Code, allows an automatic sprinkler system to be installed as an equivalency and be accepted in lieu of the adequate exterior openings. Also, even if additional exterior openings were installed in this particular building it would still not meet the criteria set forth in our present Building Code due to the overall exterior dimensions of the building. 3. It has been the policy of the Edina Fire Department to require built -in fire protection equipment installed in all new and existing structures.when such equipment is required by the Fire Code or Building Code. 4. The precedence has previously been set in Edina on numerous occasions and other owners of existing properties have been required to update their buildings in accordance with the legal requirements of our Codes. 5. The roof system of this structure along with many of the supporting members are constructed of unprotected structural steel. Unprotected steel loses 70% of its strength at approximately 10000 F. Under normal fire conditions we can expect to encounter temperatures in excess of 15000 F. in the area of the structural steel. Past experience on these types of structures varifies that the roofs collapse pre- maturely under fire conditions and have cost the lives of many firemen and caused excessive property damage. 6. The building is dangerous under Ordinance No. 471 because (i) it is being maintained in violation of the applicable Building Code as above stated, (ii) it is a fire hazard under Section 203 of the Uniform Building Code adopted by Edina Ordinance No. 404 for the reasons set out in Paragraph 2 and 5 above, and (iii) it is being maintained in • TO: The Honorable Members of the City Council and Page 3 Mr. Warren C. Hyde, City Manager SUBJECT: Appeal of Fire Department Order by Southdale Bowl January 23, 1975 violation of the codes and standards adopted by Ordinance No. 611, namely, the Fire Prevention Code because of a lack of a sprinkler system for the entire building. 7. All of the existing violations can be cured and the above made safe by the installation of the required sprinkler system. Respectfully; submitted, Robert J. Buresh, Assistant Fire Chief Edina Fire Department RJB /dd Attachments .. i V. _ ..� •a,� ._. m - PENALTY F ^P. F,%i4ATE USE TO AVOID PAYMENT OF POD IGE, 3.70G PO— s_ trn`rk o_ / D— CI' ° °!inC 6 0c^ SEEDER- INSTAUCTIONS .�^. Print in the space belo v If special services are rasiar d, ch^dress. includin k block,,) on other side. e. RETURN g c s z Moisten gummed ends and attach to back of ar ;cle, hE TO rf V-4 ) M �Y,►J rE- 7L Dear Mr. Young: Southdale Bowl Attachment No. 1.1 Wage of P I 'WEST FIFTIETH STREET • EDINA, MINNESOTA 55424 , 927.8861 .4 MAC - Research of our files indicate that the original permit for the construction of your bowling establishment at 3401 West 69th Street was issued May 26, 1959. Tnis building was required to meet the.nrovAions of the 1955 Uniform Code. This cone was adopted by V"llalve Ordinance 51 -A, May 26, 1555• Your building did not conform to that code, Section 3801 and Table 5 -C. Presently your building is in violation of 1973 Uniform / Building Code, Sections 3802 and Table 5 -C. Large single 44ire areas (excess of 30,000 sq. ft.) present several fire problems. The most aflpr6priate method of protecting such large areas is with an approved automatic sprinkler system. You are hereby ordered to install an approved complete automatic sprinkler zystem in. your building, at 3401 Guest 69th Street. (City Ordinance X611, A.I.A. Firs Prevention Code Section 14.2) This approved system shall pravide COMPlete Protection for all nr'z;. -S. TiiiS system shall be instal'_ed in ccnformnnce With r;stional Fire Cole, Column 6, N.P.P.A. 13 and sLmll be cormPletc within six mantles. If compliance of this fire prevention order cannot be Achieved in the des4gi10ted tithe, please submit to our office a proposed plan of correction. This plan must be received by us no later than April 8, 1974. Sincerely, Ti Codore Faulfranz, Inspector TRP Fire Prevention Bureau /dd Rd-ina fire Lepartraeut c� Southdale Bowl Attachment No. 2.1 April 5, 1974 Mr. Calvin *;oser Secretary, Board of Appeals Edina City Hall 4301 W. 50th Street Edina, Minnesota 55424 Dear Mr. Moser: +' This letter is written by way of request for a hearing- of the Board of Appeals on two orders issued under date of March 7, 1974, to Mr. Gus Young, concerning Biltmore Lanes and Southdale Bowl. It is our position that these buildings complied and des comply with the provisions of the ordinances o'f the Village and -City of Edina and the State of Minnesota. More specifi- cally, Section 104G on page. 24, the 1973 edition edition, of the Uniform Building Code provides exactly for the circumstances of these buildings. As Edina officials are aware, these buildings were constructed originally upon review and inspection of Edina fire and building departments and have been subject to regular inspection by those departments at all times since their construction. There has been no change of occupancy or use of:these structures since their construction. May I also point out that each of these buildings were constructed and used by different owners than the one who currently received the order mentioned above. To subject t;,e current owner to this type of liability and responsibility; to a claimed deficiency in prior times by persons no ia: ;er i. volveu is co:apletely an unfair and unwarrantecOk exercise of municipal power. Even a businessman in this com-r1unity ought to be able to accept official action as coiaplete and final and not subject to review and change at the whim of each new inspector. We shall await your pleasure as to the time and place of the hearing on appeal. P.F }I : cd CC: :•!r. Theodore Pzulfranz Enclosures (2) Ver tr� y your l 7J.� Robert F. Henriksen, Vice President, Gus Youn's, Inc. Southdale Bowl Attachment No. 4.1 December 16, 1974 Mrs. Florence Hallberg City Clerk Edina City hall 4801 W. 50th Street Edina, i:inaesota 55424 Dear Mrs. Hallberg: Under the provisions of City Ordinance #471, Amendment A -1, dated August 8, 1974, we wish to appeal the two orders issued under date of November 18 to Mr. Gus Young, concerning Biltmore Lanes and Southdale Bowl. This is the second such appeal, as no action was taken on our appeal of April 5, 1974,.for a similar order. ;t is our position that these buildings complied and do comply with the provisions of the ordinances of the Village and City of Edina and the State of Ninnesota. ::ore specifi- cally, Section 104G on page 24, the 1973 edition of the Uniform Bui'_ding Code provides exactly for the circumstances of these buildings. As Edina officials are aware, these buildings were constructed originally upon review and inspection of Edina fire and building departments and have been subject to regular inspection by those departments at all times since their construction. There has been no change of occupancy, or use of these structures since their construction. May I also point out that each of these buildings were con- structed and used by different owners than the one who currently received the order mentioned above. To subject the current owner to this type of liability and responsibility to a claimed deficiency in prior times by persons no longer Involved is completely an unfair and unwarranted exercise of municipal power. We shall await your pleasure as to the time and place of the hearing on appeal. RFH:cd CC: Mr. Theodore Paulfranz Enclosures (2) Very truly yours, R "bent F. E'enriksen V.P., Gus Young's, Inc. Southdale Bowl Attachment No. 3`.1 Rovember 18, 1974 Mr. Gus Young Business Developers, Inc. Southdale Boding 3401 West 69th Street Edina, Minnesota 55435 Dear Mr. Young: Recent changes in Edina City Ordinance No. 471, necessitates the re- issuing of certain changes in orders involving unsafe.building. The following orders will supercede orders to you dated March .7, 1974, and requiring the installation of an automatic sprinkler system in pour building. I . ` I. Inspection and evaluation of your building indicate serious violations of Fire and Building Code provisions. The large undivided floor area of this building (in excess of 30,000 sq. ft.) represents a critical fire hazard and the best and most appropriate method of providing fire pro- tection for such areas is through the use of an automatic sprinkler Lsystem. F Pursuant to Section 39 City Ordinance No. 471, you are hereby ordered to install an approved, complete and automatic sprinkler system in your building street address of 3401 hest 69th Street, Edina, Minnesota. This order is issued under paragraph (a) (10) g and h of Section 2, of City Ordinance Pao. 471. Specifically it is issued because of violations of Uniform Building Code, 1973, Section 505, 3302 and 3302 and violations ' of A.I.A. Fire Prevention Code, Section 14.2 The sprinkler system to be installed must provide complete protection for all arena of said building and shall be installed in cmVlete conformance with National Fire Code N.F.P.A. 013, 1960 edition as adopted by City Ordinance No. 611. The sprinkler system shall be completely installed within six months from the date of this order. Pursuant to City Ordinance No. 471, you have the night to appeal this order to the City Council by filing a written appeal with the City Clerk within thirty (30) days from the date of this order. If you have any questions or wish further information please call me at 927.8865. Sincerely, Theodore Paulfrans, Inspector City of Edina, Piro Prevention Bureau Deputy Building Official Till' /dd January 23, 1975 MEMORANDUM TO: The Honorable Members of the City Council and Mr. Warren C. Hyde, City Manager FROM: Robert J. Buresh, Assistant Fire .Chief SUBJECT: Appeal of Fire Department Order by Biltmore Lanes This memorandum will serve as the written report required by Ordinance No. 471 -A1, Section 3(b) concerning the appeal of December 16, 1974, to Mrs. Florence Hallberg, City Clerk, from Robert F. Henriksen, V.P., Gus Youngs, Inc. The following is a summary of events, taken from the Bureau of Fire Prevention file, which relate to the appeal of the Fire Prevention Order requiring an automatic sprinkler system.to be installed in the Biltmore Lanes: 1. Early in 1973, Ed Sherman, Fire Inspector, Edina Fire Prevention Bureau was assigned to .survey all basement occupancies in Edina which exceeded 2500 square feet and obtain compliance with the sprinkler requirements stated in our Fire Prevention Code. 2. On May 31, 1973, Ed Sherman issued an order to the Biltmore Lanes which required that an automatic sprinkler system be installed in, the basement of their building in accordance with our Fire Prevention Code. (See Attachment No. 1.1). 3. On July 12, 1973, Ed Sherman's order was appealed. (See Attachment No. 2.1). 4. On September 5, 1973, an appeal was heard by the Edina Building Construction Codes Commission and no decision was rendered pending further review and survey of the entire building. (See Attachment No. 3.1). 5. Early in 1974, Inspector Paulfranz was assigned to survey certain buildings in Edina which had not complied with previous Fire Prevention orders. Paulfranz surveyed the Biltmore Lanes and found many deficiencies in the fire resistive requirements and exiting system. It was found that the building did not comply with the Building Code at the time of original construction in that it did not have a sprinkler system throughout the building. Also remodeling work, which was done at a later date, did not comply due to combustible partitions installed in a fire resistive building. The building was constructed in 1956, and an addition was constructed in 1957. The building did not conform to Village Ordinance No. 51, which had been adopted by the Village of Edina in 1952, in that the building did not have a required sprinkler system installed throughout, nor has it conformed to any of the Building Codes thereafter adopted by Edina. TO:The Honorable Members of the City Council and Page 2 Mr. Warren C. Hyde, City Manager SUBJECT: Appeal of Fire Department Order by Biltmore Lanes January 23, 1975 6. Based on this survey orders were issued on March 7, 1974, for an automatic sprinkler system to be installed in the Biltmore Lanes. (See Attachment No. 4.1). 7. On April 5, 1974, the sprinkler order was appealed. (See Attachment No. 5,.1) . 8. The Edina Building Construction. Codes Commission meeting was never scheduled and in the interim the Edina City Ordinance relating to unsafe buildings was revised. During the month of October, 1974, questions were raised as to our ability to enforce the order of March 7, 1974, due to the change in our City Ordinance. Therefore, a new order was issued .on November 18, 1974, in accordance with City Ordinance No. 471. (See Attachment No. 6.1). 9. The order from Paulfranz on November 18, 1974, was appealed on December 16, 1974. (See Attachment No. 7,1). It is my recommendation that an automatic sprinkler system be installed in this building at the earliest possible time. Reasons for recommendation: 1. The building does not conform to the Building Code under which it was built in that it did not have the required sprinkler system installed throughout the building, nor has it complied with any subsequent building code adopted by the City of Edina because it lacks the required exterior openings. 2. Adequate exterior wall openings are required for the purpose of ventilating smoke and heat from the building, to perform firefighting and rescue operations through, and to serve as an emergency means of egress for firefighters operating within a structure under fire conditions. Modern Building Codes, as does our State Building Code, allows an automatic sprinkler system to be installed as an equivalency and be accepted in lieu of the adequate exterior openings. Also, even if additional exterior openings were installed in this particular building it would still not meet the criteria set forth in our present Building Code due to the overall exterior dimensions of the building. 3. It has been the policy of the Edina Fire Department to require built - in fire protection equipment installed in all new and existing structures when such equipment is required by the Fire Code or Building Code. 4. The precedence has previously been set in Edina on numerous occasions and other owners of existing properties have been required to update their buildings in accordance with the legal requirements of our Codes. TO: The Honorable Members of the City Council and Page 3 Mr. Warren C. Hyde, City Manager SUBJECT: Appeal of Fire Department Order by Biltmore Lanes January 23, 1975 5. The building is dangerous under Ordinance No. 471 because (i) it is being maintained in violation of the applicable building code as above stated, (ii) it is a fire hazard under Section 203 of the Uniform Building Code adopted by Edina Ordinance No. 404 for the reasons set out in Paragraph 2 above, and (iii) it is being maintained in violation of the codes and standards adopted by Ordinance No. 611, namely the Fire Prevention Code, because of a lack of a sprinkler system for the entire building. 6. All of the existing violations can be cured and the building made safe by the installation of the required sprinkler system. Respectfully submitted, Robert J. Buresh, Assistant Fire Chief Edina Fire Department RJB /dd vr„Cr sloe PLE!'�SE.FURNI;iH SEIVICE(S) INDICATED BY CHECKED BLOCK(S) 1 (Additions! ch�r�es required for these services) • Biltmore Lanes Show to whom, date and address Attachment No. 1.1 where delivered Deliver ONLY ❑ to addressee - -. Received the numb ed artp,'ele described below Ji REGISTERED (10. SIGNANRE OR. NA1iE OF ADDRESSEE (31ust a!ucys.be filled in) �r� �'D CERT ' .1X' Vp4 ' `( SIGNATURE 2' OF ADDRESSEE'S AGENT, Ir ANY . 1 1r G Eu /I YERED WNERc DELIVERED (Only if re quested and include ZIP Code) _ i Dear Mr. 'Young: i A recent survey has indicated the need to improve the fire resistance and protection of your building at 5109 heat 50th Straet, Edina. r Warehousing of combustible materials not stored in your basement facilities presents a serious fire problem. Under Article lw of the American Insurance Association, Fire Prevention Code which has been adopted by the Village of Edina, a sprinkler system is required in basements of 2500 square feet or more. This letter will serve as notice that you are hereby ordered to install an automatic sprinkler system in the basement of the above mentioned peoperty before September 1, 1973. E If you have any questions regarding this fire prevention order (please feel free to contact me at 927- 8865.. r Very.truly yours, ESJdd CE?TIFIED MAIL Ed Sherman, Inspector Fire Prevention 5uriau Edina Fire Department i Biltmore Lanes Attachment No. 2.1 115 V01117fil 9 BILTMORE LAN L.7 SOUTHDALE BOWL and THE BLACK SWAM PUB YOUR FAMILY — YOUR LEAGUE — FUN, HEALTH AND SOCIAL CENTER Snack Bar u Nursery a Lockers c Bowling Instruction a Bowling Supplies Pool, Snooker and Billiard Tables o Meeting Room Cal Mosier Secretary, Board of Appeals Village of Edina, MN. Sir: July I20 1973 RE: Automatic Sprinkler System Notice was served upon Mr. Gus Young, May 31, I973jby Ed Sherman, Inspector, Fire Prevention Bureau, Village of Edina, requiring an automatic sprinkler syxtem be installed in the basement of Biltmore Lanes, 5113 W. 50th St. Edina, by I September, I973 under provisions of article 14 of the American Insurance Assoc. Fire Prevention Code. Under Section 14.4, paragraph a.General, Sub paragraph I, we have been informed that the walls and ceiling are of such construction, namely, 16 " concrete structual strength block walls and 6 't pre- stressed concrete ceiling with 2 inches of concrete on top to form a level base floor for the bowling lanes directly above aforementioned basement. This far exceeds the two hour fire resistance rating.ef the code. We therefore appeal the board to consider the exceptions of the code and null and void the above notice that is added to this lettal? as enclouser No. I. Y Sincerely yours obert F. (iiank) Henriksen Vice President -Gu s- You n g' -s- I n c - -- - - Please notify me at the time and date of meeting. OFFICES: 5113 V /EST 50th STREET (West of HiChway 100) u MINNEAPOLIS, MINNESOTA 55436 e 929 -8551 Attachment No. 3.1 MINUTES OF THE BUILDING CONSTRUCT I O "I CODE COVIN I SS I ON BOARD OF APPEALS I'EET I NG WEDNESDAY; SEPTEMBER 5, 1973 AT 5:00 P.M. HELD AT THE EDINA VILLAGE HALL Members Present: Mr. Thomas Wurst, Thairman; F "r. Eugene Palmer; Mr. Rudy Trones; Mr. Calvin Moser and 11r. Robert Buresh Hearing: Gus Young's Biltmore Lanes (Mr. Young) 5109 11est 50th Street, Village of Edina Requiremtnt of the Fire Department Order to provide a sprinkler system in the basement area because of lack of exterior openings. Again, this was an appeal to a sprinkling order issued by the Fire Department. Per. Robert Henrikson, representative for Gus Young's Lanes, stated these reasons against the sprinkling system: . a) No alterations have occured, therefore, it is not under the jur :isdiction of the Uniform Building Code. b) The Building is concrete block and prestressed concrete. It is rated as fire resistant. c) A Sprinkler System would economically a burden. d) A system in this type of building would be impractical. Mr. Henrikson stated a time extension would be desirable. lip to this time, they have been trying to comply with the orders of the Fire Department, but the time factor had been a problem. Mr. Buresh stated a time extension could be arranged. After furthur discussion, it was discovered that the entire building should have been included under the order. According to dimensions stated, a possibility existed that the basement area could be exempt from this order. Mr. Henrikson agreed that if the sprinkling work could be done at a time when business would not be disrupted (preferrably summer), the order would be complied with. The Board, after discussion agreed that the order concerning Gus Younq's Biltmore Lanes should be reviewed. A notion was made to ask the Fire Department to review the order and in the event that the order was incorrect, recind the order and take the apprc;)ri- ate steps thereafter to rewrite the order under the ordinances which are applicable. If the order was properly issued, the Fire Department would enforce a time schedule acceptable to both parties. The motion carried. Secretary Construction Code Commission Board of Appeals PENALTY FOR P91VA'E USE TO AVOID PAYMEt1T OF POSTAGE, 3 =00 h Postmark of Deliverin,+, Office `. 0 a :z .-a 00 M d SENDER INSTRUCTIONS Print in the space below your narne, address, including ZIP Code. o If special services are desired, check blocks) on other side. e Moisten gummed ends and attach to back of article. wore RcTURN . TO J1, Biltmore Lanes Attachment No. 4.1 lage of, -L FIFTIETH STREET • EOINA, MINNESOTA 55424 r74 r side) 397-456 1 vh 1, `74 's �!3� Research of our files indicate that your building at 5101 tdest 50th Street wart origtrially constructed under a permit issued tdovember 29, 1956. An addition to this building was constructed under a permit issued April 4, 1957. Loth the original building and the addition were to be constructed in conformance with the ppproprinte building cmie nt that tide. That building code was "Village Ordinance °d51" adopted by the Village of Edina on October 13, 1952. The resulting building frcm this construction was not in conformance with this code, Section 13, its it pertains to floor areas. Your building did not conform with Ordinance #51, nor has it con - formed to any of the appropriate codes since construction. Presently the buildin'- is in violation of uniform Luilding Code Section 3802 and Table 5 -C. The large floor area of this building in excess of 30,000 sq. feet represents a serious fire hazard. Experience tins shown that the most appropriate method of protecting such large floor areas is with an approved automatic sprinkler system. You are hereby ordered to install an approved complete automatic sprinkler system in your building at 5101 -5113 West 50th Street. (City Ordinr.n ^.e V'611, A.I.A. Fire Prevention Code Section 14.2) This approved systcm chn11 pro,wide cc- :plete protection for all areas on the fl-rst floor vnu basem.^_nt. 6e1ls system shall be in- atall - -J in conlfo :vjnce with 2"Taticnal Fire Code, Volume G, 2.F.P.A. 13 and chall 5a c pletc vithi.a six mo;/ths. If compliance of this fire prevention ordeN cannot be achieved in the designated Lilac plen3e submit to our office a proposed plan of correction. ibis plan wust be receive in this office no later than April 3, 1974. Sincerely, Theodore Paulfrarz, Inspector Fire Prevention :.0 esu — - - - - ina Fire - Department ----- - - - - -- -- TTRP /d d 927.8361 Biltmore Lanes Attachment No. 5.1 April 5, 1974 Mr. Calvin Moser Secretary, Board of Appeals Edina City H311 4301 W. 50th Street Edina, Minnesota 55424 Dear Mr. Moser: This letter is written by way of request for a hearin& of the Board of Appeals on two orders issued under date- of 'March 7, 1974, to Mr. Gus Young, concerning Biltmore Lanas and Southdale Bowl. It is our position that these buildings complied and do comply with the provisions of the ordinances of the Village and City of Edina and the State of Minnesota. More specifi- cally, Section 104E on page. 24, the 1973 edition edition, of the Uniform ouil ing Code provides exactly for the circumstances of these buildings. As Edina officials are aware, these buildings were constructed originally upon review and inspection of Edina fire and building departments and have been subject to regular inspection by those departments at all times since their construction. There has been no change of occupancy or use of.these structures since their construction. May I also point out that each of these buildings were constructed and used by different owners than the one who currently received the order mentioned above. To subject t :;e current owner to this type of liability and responsibility to e clai,:,ed ciefic -;,.,' • in prior ties by persons no ior.,er involve, is co:±nletely an unfair and unx:srrzr.te(I exercise of nun,ici, al power. Even a businessman in this co:.. --;unity ought to be able to accept official action as co :aplete and final and not subject to review and change at the whim of each new inspector. We shall await your pleasure as to the time and place of the hearing on appeal. RFH :cd CC: *!r. Theodore Paulfranz Enclosures (2) Ver truly yours , Robert F. Henriksen, Vice President, Gus Young's. Int. Biltmore Lanes Attachment No. 6.1 November 18, 1974 Mr. (sus Young Business Developers, Inc. Biltmore Lanes 5101 West 50th Street Edina, Hinnesota 55436 Dear Mr. Young: Recent changes in Edina City Ordinance No. 471 necessitates the re- issuing of certain orders involving unsafe buildings. The following orders will supersede orders to you dated September 27, 1974, and requiring the installation of an automatic sprinkler system in your building. , Inspection and evaluation of your building indicates serious violations of Dire and Building Code provisions. The large undivided floor area of this building (in excess of 30,000 sq. feet) represents a critical fire hazard and the best and most appropriate method of providing fire protection for such areas is through the use of an automatic sprinkler system. Pursuant to Section 3 of City Ordinance No. 471, you are hereby ordered to install an approved, complete and automatic sprinkler system in your building, street address of 5101 thru 5113 West 50th Street, Edina. Minnesota. This order is issued under paragraph (e) (10)0 g, and h of Section 2 of City Ordinance No. 471. Specifically it is issued because of violations of Uniform Building Code, 1973, Sections 505 and 3802 and violations of A.I.A. Fire Prevention Code, Section 14.2 The sprinkler system to be installed must provide complete protection for all arens on the first floor and basement of said building and shall be installed in complete conformance with the National Fire Code N.F.r.A. X130 1966 edition as adopted by City Ordinance No. 611. The sprinkler system shall ba completely installed within six months from the date of this order. Pursuant to City Ordinance No. 471, you have the right to appeal this orders to the City Council by filing a written appeal with the City Clerk within 30 days from the date of this order. If you have any questions or Irish furthor information please call we at 927 -8865. Sincerely, Theodore Paulfrana, City of Edina Member of the Bureau of Fires Prevention Deputy Buildin, Official TRP /dd d Biltmore Lanes Attachment No. 7.1 December 16, 1974 Mrs. Florence Hallberg City Clerk Edina City Hall 4501 W. 50th Street Edina, Minnesota 55424 Dear Mrs. Hallberg: Under the provisions of City Ordinance 0471, Amendment A -1, dated August 3, 1974, we wish to appeal the two orders issued under date of November la to Mr. Gus Young, concerning Biltmore Lanes and Southdale Bowl. This is the second such appeal, as no action vas taken on our appeal of April 5, 1974, for a similar order. xt is our position that these buildings complied and do comply with the provisions of the ordinances of the Village and City of Edina and the State of 1-11innesota. 'More specifi- callq, Section 104G on page 24, the 1973 edition of the Uniform Bui:.ding Code provides exactly for the circumstances of those buildings. As Edina officials are aware, these buildings ..were constructed originally upon review and inspection of Edina fire and building departments and have been subject to regular inspection by those departments at all times since their construction. There has been no change of occupancy or use of these structures since their construction. May I also point out that each of these buildings �rere con- structed and used by different owners than the one who currently received the order mentioned above. To subject the current owner to this type of liability and responsibility .to a claimed deficiency in prior times by persons no longer involved is completely an unfair and unwarranted.exercise of municipal power. We shall await your pleasure as to the time .and place of the hearing on appeal. RFH:cd .CC: Mr. Theodora Faulfranx Enclosures (2) Very truly yours, R bent F. Henriksen V.P., Gus Young s, Inc.--- -- - f January 23, 1975 MEMORANDUM TO: Edina City Council FROM: Robert J. Buresh, Asistant Fire Chief SUBJECT: Appeal of Fire Department Order by Inland Construction Company This memorandum will serve as the written report required by Ordinance No. 471 -1A, Section 3(b) concerning the appeal of December 23, 1974, to City Clerk, Mrs. Florence Hallberg, from David R. Linden, Attorney at Law. The following is a summary of events, taken from the Fire Prevention file, which relate to the appeal of the Fire Prevention Order requiring an automatic sprinkler system be installed in the office /warehouse complex, 7651 -7697 Washington Avenue South, Edina, Minnesota. 1. On December 13, 1971, a Building Permit was issued to Inland Con- struction Corporation for the office /warehouse structure to be located at 7675 -7697 Washington Avenue. On December 15, 1971, a Building Permit was issued to Inland Construction Company for the office /warehouse building to be constructed at 7651 -7669 Washington Avenue South. On December 14, 1971, a plan information and correction sheet was filed by the Building Inspector (See attachment Nos. 1, 2, 3). The building plans and specifications were not submitted to the Fire Department for review. 2. On a fire inspection of the structure in February, 1973, many problems were noted. One of the primary problems was the fact that the building was being occupied without a Certificate of Occupancy and therefore was in violation of Ordinance No. 403, Section 4(d). This was documented on the inspection report of February 22, 1973, to the Sherwin Williams Company with copies going to the Building Official and Inland Construction Company (See Attachment No. 4). 3. Although the Sherwin Williams portion of this structure was protected by an automatic sprinkler system, negotiations were started with the Inland Construction Company to sprinkler the entire complex. We attempted to work through the Building Inspection Department regarding this requirement due to the fact that the building did not conform to the Building Code and had not been Certified for Occupancy by the Fire Department or the Building Department as required by City Ordinance. 4. Some differences of opinion existed between the Fire Department and the Building Department regarding the requirement for an automatic sprinkler system in the complex. On March 4, 1974,. an inquiry was made to the International Conference of Building Officials for an official interpretation of the Building Code. (See attachment No. 5). TO: Edina City Council SUBJECT: Appeal of Fire Department Order by Inland Construction Company January 23, 1975 5. On March 8, 1974, Vincent R. Bush, P.E., Regional Engineer, International Conference of Building Officials ruled that the building was in non- conformance and stated that the installation of an automatic sprinkler system would bring it into conformance (See attachment No. 6). 6. Negotiations for the sprinkler system were not fruitful and an order was issued to Inland Construction Company on April 11, 1974, to install an automatic sprinkler system in the entire complex (See attachment No. 7). 7. No action was taken by Inland Construction Company to correct the deficiency and no appeal to the order of April 11, 1974, was ever submitted. 8. In the summer of 1974, the Edina City Ordinance relating to unsafe buildings was revised. During the month of October, 1974, questions were raised as to our ability to enforce the order of April 11, 1974, due to the change in our City Ordinance. Therefore, a new order was issued on November 19, 1974, to install an automatic sprinkler system in the entire complex. (See attachment No. 8). 9. The order from Ted Paulfranz on November 19, 1974, was appealed on December 23, 1974. (See attachment No. 9). 10. At some time after Inland Construction Company had allegedly completed the building shell of the complex (no date on certificate), a code compliance certificate was issued to them by Cal Moser (See Attachment No. 10) . It is my recommendation that an automatic sprinkler system be installed in this building at the earliest possible time. Reasons for recommendation: 1. The building does not conform to the Building Code which it was built under nor has it complied with any Building Code adopted by the City Of Edina since. 2. It has been the policy of the Edina Fire Department to require built -in fire protection equipment installed in all new and existing structures when such equipment is required by the Fire Code or Building Code. 3. The precedence has previously been set in Edina on numerous occasions and other owners of existing properties have been required to update their buildings in accordance with the legal requirements of our Codes. 4. The roof system of this structure along with many of the supporting members are constructed of unprotected structural steel. Unprotected steel loses 707. of its strength at approximately 10000 F. Under normal fire conditions we can expect to encounter temperatures in excess of 15000 F in the area of the structural steel. Past experience on these types of structures varifies that the roofs collapse prematurely under fire conditions and have cost the lives of many firemen and caused excessive property damage. 1 TO: Edina City Council SUBJECT: Appeal of Fire Department Order by Inland Construction Company January 23, 1975 5. The building has never been certified for occupancy in accordance with Ordinance No. 403 -A1 and is presently being occupied illegally. Respectfully submitted, a Robert J. Buresh, Assistant Fire Chief 1; Edina Fire - Department RJB /dd .AT NUMBER - VILLAGE OF EDINA 4801 WEST 50TH STREET O EDINA, MINNESOTA 55424 o WA.7 -8361 SITE ADDRESS BUILDING NAME _ 2. CONST. t� TYPE u--AL 3. GROUP F -2 7675 to 7697IWashin ton Ave. Office Warehouse I OYNNER'S NAME .ADDRESS - TEL. NO. Inland Construction Corporation 7379 Washington Ave. 941 -1900 BUILDER5 NAME ADDRESS TEL. NO & LICENSE NO. ARCHITECT'S NAME ADDRESS I t-. L. NU. Reese Rova Associates BUILDING DESCRIPTION AND USE OTC- x-6+. Lt.V `C t� ERMIT NUMbLK F -628 JDATE. APPLIED FOR I DATE OF PERMIT 12 -9 -71 12 -13 -71 " -1u I t i I e office warehouse occupancy - w I Tn covereu 1 vdu 11w uut-n 193.25 - B U I L D I N G F A C E 5 $_ . 9. SET ) FRONT 50 FT. BACK FT. NORTH ;EAST ( WEST ON Washington Ave. BACK ) S SIDE 84 FT. E SIDE 75 FT. X- SOUTH DEPARTMENT FINAL APPROVALS 0. LOT 5:ZE 11. BUILDING SIZE 12. STORIES 13. FLOOR AREA SO. FT. 14. FIRE ZONE 15. DECLARED VALUE 74/488X 397/5112 335 X 124 1 41540 L_D I C-1 2 O3 $250,000. 5. BLDG. DEPT. ESTIMATE 17. STARTING DATE FINISHING DATE_ 19. SOIL TESTS 19A. JIB. ELEVATOR . 97n _ 4(i� _ 12 -1 -71 5 -1 -72 yes piled Nt,. '.0. LEGAL DESCRIPTION I Tract D & Part tracts C & E RLS 1283 - see survey 1, MINIMUM ELEVATIONS - FOUNDATION TOP BS'.AT FLOOR FT. GARAGE FLOOR — VARIANCE GRANTED BY BOARD OF APPEALS By................................................. ............................... Date T. I F 21A. DRIVEWAY TO BE HARD SURFACED TO EXISTING TRAVELLED STREET B FT. y ......................................... ............................... ....... PLANNING AND ZONING DEPT. Dore .2, SPECIAL CONDITIONS - Permit is for building shell only. For office spaces and fire separations additional applications for permits will have to be made. See plan correction sheet. Provisions have been made for the handicapped future use if necessary. 23. PLUMBING SUB CONTRACTOR - 24. HEATING SUB CI NTRACTOR I NO PART OF ANY BUILDING AREA AUTHORIZED BY THIS PERMIT MAY BE OCCUPIED. UNTIL FINAL INSPECTION AND ISSUANCE OF PERMIT TO OCCUPY BY BUILDING INSPECTOR. ACK.NOVJLEDGEf,4ENT AND SIGNATURE: - The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing th a Village of Edina to take the o.ction herein requested, that all statements herein are true and that all work mentioned will be done in accordance with the Ordinances of the VILLAGE OF EDINA, THE STATE OF MINNESOTA, and rulings of the Building Department. Q.. it Annrnve,ti Rida. Insoector Date Agent for the Owner , .... ..............................P ................. ............................... Electrical Inspector Date ...................................................... ............................... Mechanical Inspector Date ................................................... ............................... Building Inspector Date ... ....... ........................... .............. ....... .........� Fire Chief Dote ............. ...... :.. ............................................................... ..� Sanitorl an Date PERMIT TO OCCUPY -n GRANTED O CONDITIONAL ....................................................... ............................... Building Inspector Date FEES PERMIT [ r� $386 L50 193.25 PLAN CHECK $_ . .PENALTY $- SPECIAL S 135.20 -TOTAL FEE $ 714.95. CREDIT DEP. $ �— AMT. DUE $_—�- --- -- - - -__= DEPARTMENT FINAL APPROVALS VARIANCE GRANTED BY BOARD OF APPEALS By................................................. ............................... Date T. I F 21A. DRIVEWAY TO BE HARD SURFACED TO EXISTING TRAVELLED STREET B FT. y ......................................... ............................... ....... PLANNING AND ZONING DEPT. Dore .2, SPECIAL CONDITIONS - Permit is for building shell only. For office spaces and fire separations additional applications for permits will have to be made. See plan correction sheet. Provisions have been made for the handicapped future use if necessary. 23. PLUMBING SUB CONTRACTOR - 24. HEATING SUB CI NTRACTOR I NO PART OF ANY BUILDING AREA AUTHORIZED BY THIS PERMIT MAY BE OCCUPIED. UNTIL FINAL INSPECTION AND ISSUANCE OF PERMIT TO OCCUPY BY BUILDING INSPECTOR. ACK.NOVJLEDGEf,4ENT AND SIGNATURE: - The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing th a Village of Edina to take the o.ction herein requested, that all statements herein are true and that all work mentioned will be done in accordance with the Ordinances of the VILLAGE OF EDINA, THE STATE OF MINNESOTA, and rulings of the Building Department. Q.. it Annrnve,ti Rida. Insoector Date Agent for the Owner , .... ..............................P ................. ............................... Electrical Inspector Date ...................................................... ............................... Mechanical Inspector Date ................................................... ............................... Building Inspector Date ... ....... ........................... .............. ....... .........� Fire Chief Dote ............. ...... :.. ............................................................... ..� Sanitorl an Date PERMIT TO OCCUPY -n GRANTED O CONDITIONAL ....................................................... ............................... Building Inspector Date -LA.r NUMBER BUILDING PERMIT - PARCEL NUMBER . VILLAGE OF EDINA 4801 WEST 50TH STREET ® EDINA, MINNESOTA 55424 o WA.7 -8861 I i ' SITE ADDRESS .BUILDING NAME 2. CONSl. I PERMIT NUMBER TYPE IV N 7651 - 69 Weshin ton Ave. Office Warehouse 3. GROUP F -2 F -626 OWNER'S NAME i ADDRESS TEL. NO DATE APPLIED FOR DATE OF PERMIT Inland Construction Corporation 7379 Washington Ave. 941 -1900 12 -13 -71 1.12 -15 -71 BUILDERS NAM E & LICENSE NO. _ Inland Construction Corpc ARCHITECT'S N i A M E - Reese - Rova Associates BUILDING DESCIRIPTION AND USE ADDRESS ADDRESS 5350 WEst 78th Street Multiple OccuDancv Office Warehouse with covered loading docks L. NO TEL. NO. 941 -4313 BUILDING FACES s 351.50 PLAN CHECK 9- 50 NORTH- �j EAST; $ SPECIAL SET 1 FRONT FT, BACK FT. SOUTH O WESTi ON Washington Ave. - BACK 1 N SIDE 84 FT. E SIDE 75 'F T. 0. LOT SIZE I It. BUILDING SIZE 12. STORIES - 13, FLOOR AREA SQ. FT. 14, FIRE ZONE 15. DECLARED VALUE 474 397�i 483 512 X O , 2 13 C� C: $ 220 000. 74 I 2 6 BLDG. DEPT. ESTIMATE STARTING DATE 1B. FINISHING DATE .119. SOIL TESTS 19A, j17. 12 -1 -71 15-1 -72 ELEVATOR . !0. LEGAL DESCRIPTION Tract D and part tracts C 8 E. RLS #1283 - see survey PERMIT s 351.50 PLAN CHECK S 175.75 PENALTY- $ SPECIAL $ 1 1 7.75 TOTAL FEE s 645.00 CREDIT DEP, 5 AMT, DUE $--- - -_:__ DEPARTMENT FINAL APPROVALS VARIANCE GRANTED BY BOARD OF APPEALS r .. ..r.. Y......... �... BY 1 �, 1 t� -%1. 7 , j -..paP �I- BSM T. FLOOR ONS 2, A. FOUNDATION TOP FT. DRIVEWAY TO BE HARD SURFACED TO EXISTING TRAVELLED STREET By ...................................... .............................te ....... 1- MINIMUM I FT, GARAGE FLOOR _ FT. PLANNING AND ZONING DEPT. [•late 2, SPECIAL CONDITIONS Permit is for building shell only. Occupancy separations and office areas must be ' Electrical Ins ector Date applied for under separate permits. See plan correction sheet. Provisions are made for futute use of the handicapped if needed. 23. PLUMBING SUB CONTRACTOR 24, HEATING SUB CONTRACTOR NO PART OF ANY BUILDING AREA AUTHORIZED BY THIS PERMIT MAY BE OCCUPIED UNTIL FINAL INSPECTION AND ISSUANCE OF PERMIT TO OCCUPY BY BUILDING INSPECTOR. I ACKNOWLEDGEMENT AND SIGNATURE: - The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing th a Village of Edina to take the action herein requested, that all statements herein are 'true and that all work mentioned will be done in accorcJance with the' Ordinances of the VILLAGE OF EDINA, THE STATE OF MINNESOTA, and rulings of the Building Department. M.. ............... ............................... echanicol Ins ector Date Building Inspector Date ....................................................... ............................... Fire Chief Date Sanitarian Dote �t PERMIT TO OCCUPY GRANTED 1 CONDITIONAL V1LLAG` 0 EDINA GUiLDING GEPART"ENT PLAN I NFOti�,AT I ON AND CO�rREC i 1 CN SHEZT 3uiIder /Oano r Inland construction corporation 7379 Washington Ave. 941. -1900 Permit No. 3ldg. Nnm3 S Address Office Warehouse N 7 & 8 7651 & 7675 Washin ton A F -628 & F -626 DaTO Archir`oct Reese Rova Associates 5350 West 78th St. 941 -4313 12 -13 -71 Valuation Enairrc:or Meyer, Bergman & Johnson 1009 Marquette Ave. Dare Receive: Dccupa cy F -2 Type IV N Use Warehouse I f 12 -9 -71 Lot Size Fire Zone 1 2 3 Area Zone Foundayion & ! I Ftgs. Basic Area Ailow. 9000 Allowable Increase 50 Floor Araa Ssimt. Ist 2nd 3rd I Exterior Wal is f Occupant Load 6s mt. Ist 2nd 3rd Roof & I� Ceiling Soil Test X Rec. Loading Piling Dasign.Load Ft Loads 6sn;. Ist 2nd 3rd 9 Interior Wall Garage S;. Ft. none No. of Units Type'.. Exits & Stairs Other lnfor-mat Parking is ample for office warehouse use. Corridors & I Doors ; Additional parking areas are available if warehouse use is converted to j manufacturing and assembly use. Exit Liohts I .This is.a type IV building, maximum floor area for any single interior Fire occupancy is 10,125 sq. ft. between fire separation walls. End I Equipment occupancies may be 11,250 square feet. , Yeatina I All interior materials.of construction must be non - combustible or if of I Plumbino I wood, it must be fire retardent treated. I Ventilation I .Provide new -plan showing alternate hookup for building rainwater - leaders. .` j - Fcod 1 Provide "tempered" glass in all entrance doors. Provide "lever" latch cCU i p�.:enT handle on all doors. Mail slots should not be placed where they make ` latch handle accessable from slot. 1 February 22, 1973 qtr. lRobert C. Paquette, Branch Manager 51narwin Williams Ccmpanp 7690 Washington Avenue South Edina, Minnesota 53435 Dear Yfr.• Paquettas A fire inspection was conducted on February 26, 1973, at your business located at Washington Avenue and it was found that the building was being occupied without an occupancy Certificate. Sevsral fire hazards and life safety, deficiencies were noted. It was decided at that time to allow you -to continue occupying the office and warehouse if all red label products were removed from the warehouse. This conditional occupancy is con3iddzed temporary based upon your compliance with the following building - and fire code requirements. 1. Obtain a permit from. the Edina Fire Prevention Bureau for the storage and handling of flammable liquids. A list of your proposed inventory showing the quantity of all flammable and combustible liquids must be furnished to obtain a permit. 2. The portion of your building which is classified E -2 in accordance with the U.B.C. small not exceed the 1500 square foot maximum as required by the State Building Code in fire zone II. U.B.C. 1603 (c). 3. All storags of flammable and combustible liquids must meet the regxUrements as stated in the U.S.C. 4. install fire extinguishers in accordance with the requirements of the Fire Code. (N.F.P.A. 10). S. Provide sawdust or oiber suitable material for absorbing flam=able liquid spills. 6. Post ,io Smoking" signs in all flammable liquid storage and handling areas. 7. All electrical wiring and equipment located in the flammable liquids inside storage roots shall be installed in accordance with Section 500 -4, Class 1, Division 2 of the National Electrical Code. 8. All pow ®r operated industrial trucks in the flammable liquid areas crust ba designated as DY, "B, or E°. (J.S.H.A. 1910.178). lir..Rooert C. Paquatte, Branch Manager .ebruary 22, 1973 Page 2 9. The sprinkler system must bs hydrostatically tested and meet the requirements for your storage arrangements. lfl. :provide proper fire resistive separation between B -2 and F -2 occupancies as rQquired by tha U.B.C. 13. Provide floor drainage system in flaaamsble liquid room in accordance with Aa*rican Imur. -=a Association, Special Interest Bulletin 0155. (see Enclosure). A plan of correction for the above listed items must be submitted to the Fire Department before.March 2, 1973. If you have any questions regarding this inspection raporr }Base contact me at 927 -8883. Sincerely yours, Robert J. Buresh, Assistant Fire Chief Fire Prevention Bureau Edina Fire Department R33 /dd cc: cal Hoser, Building Official cc: sill Harrison, Inland Construction Company 7379 Washington Avenue 55+35 ,.arc): Is, 1n74 Mr. Vincent !'. Bush nnglorlal i:nvineer interwit.5,o-w11 Conference of Building Officials 1125 Gran :1 Avenue Suite 20 -14 Kansas City ' , 'o. (,4106 Dear fir. Bush: ,06� T- -_. S Enclosed hernxith is a survey or plot Plan and an elevation of the loadin;; doc): area with canopy or roof over. 'she Oi,; n i nzl bw_* 1ding i 0?'" it:> mere for two unspri nl:lered :)';Lungs with openings On tll0 sides, and the areas of Pacll space came within the ma imum allowable area for unsprin}:lered spaces. I considered the c nopv area as open spaco because there is r.,ore than 20 Feet of side yard for eacll building. I ne "Lected to consider t-he definition of ; and (being open to the sky) . Since the two or one hulllding is occupied vie find it necessary to require sprinkJers iP. nost of the spaces, or, if the d ^_inition is one building, then all spaces nust be provided witll sprinklers. ine for^ ;oir.;; leads us to another pro`Aem; namely, does the canopy have to be glade 1 ls. sire resistive with heat vents in the as^e,riUy or should it provided frith sprinklers and heat vents. Our Fire Departnent does not feel that they should f-;_Rht a fire from tia *its:?n the canopy area 13c call: e of the possibility o- collapse =r-On heat ­ E:nera ted undinr the callopy, 11h'.ch 1YoulA CauSC its CO-1-13-Se 1117h to D1_` -itllreS are VelcIr:eu. We are also advisfA that for iP uri:nce pur7oses this is cons- - derod one };u ld i i r.: If nore in-IcOrmation Is n e c1 or as gin,, rl_ _ t on o. ,...c nroti en, ple- a•j,-i sti. Thank you for your attention to the ferej o- *. r'-' molar J 1 C. 11. ; •oser Building Inspector Cil�(:ln P11c. OFFICERS PRESIDENT NEWELL POCK CHIEF BUILDING INSPECTOR YAKIMA, WASHINGTON FIRST VICE- PRFSIDE:NT JACK D. -WHITE BUILDING CODE ENGINEER KANSAS CITY, MISSOURI SECOND VICE - PRESIDENT RAY J. NOKES BUILDING OFFICIAL COUNTY OF SANTA BARBARA SANTA BARBARA, CALIFORNIA TREASURER FLOYD G. h1CLELLAN, JR. DIRECTOR OF BUILDING AND SAFETY COUNTY OF ORANGE - SANTA ANA, CALIFORNIA JUNIOR PAST PRESIDENT EUGENE R. PESTER DIRECTOR OF COMMUNITY DEVELOPMENT POMONA. CALIFORNIA EXECUTIVE DIRECTOR T. H. CARTER 5360 S. WORKMAN MILL P.D. WHITTIER. CALIFORNIA MANAGING DIRECTOR JAMES E. BIHF? 53GOS. WORKMAN FALL RD. WH ITTIER, CALIFORNIA DIRECTORS GAYLORD C. DOWD DIRECTOR OF INSPECTIONS KALAMAZOO, MICHIGAN DONALD A. ERICKSON DIRECTOR DEPARTMENT OF INSPECTIONS MINNEAPOLIS, MINNESOTA BILL P. HORN CHIEF BUILDING IN SP_CTOR PIERCE CO:)NTY TACOMA, WASHINGTON ROBERT B. FELDNER SUPERINTENDENT OF CENTRAL INSPECTION WICHITA, KA :ISAS CHAP.LE.S R. HINKLEY CHIEF BUILD I N c- INSFIZCTOR MOUNTAIN VIEW. CALIFORNIA VICTOR L. TAUGHER BUILDING OFFICIAL COUNTY OF ALAMEDA HAYWARD, CAL11-0IINIA W. F. FUREY SUPERINTEN:;EN,- OF BUILDING RIVERSIDE. CALIFORNIA - FLOYD G. McLELLAN. JR. GiRCC -TC'e OF nU,�ulf,G AND SAFETY COUN T Y C4 F' ORANGE SA!17A ANA, CALIFORNIA M. J. SIENEP.TH DIRECTOR OF It SAFELY OEPARTF!ENT Pf :OENI,i. ARIZONA International Conferee ce of Building officials- 5360 SOUTH WORKMAN MILL. ROAD WHITTIER, CALIFORNIA 90601. (213) 699- 0541 , March 8, 1974 REPLY TO: MIDWEST REGIONAL OFFICE . 6738 N.W. TOWER DR. KANSAS CITY, MISSOUkl 64151 . (616) 741.2241 VINCENT R. BUSH REGIONAL ENGINEER KEN CHRISTENSEN - ... FIELD REPRESENTATIVE C. H. Moser Building Inspector Village of Edina 4801 West Fiftieth Street• Edina, Minnesota 55424 Dear Cal: I've gone over your letter of March 4 and the plot plan which you enclosed sho,.,ing the two buildings which were connected together by construction of a metal canopy between the two. The construction of the metal canopy does, in fact, create one large building where before you had two separate buildings i•:ith a 60 foot yard between them. By covering the 60 foot yard with the metal canopy you have in effect created the one large building, with 95,460 square feet more or less. The only unsprinklered building permitted by the code with an area this large would have to be of Type I construction. The building under question here cannot be of Type I construction as the unprotected metal.canopy. precludes a Type I classification for the building. In order to meet the area requirements of the code there are two alternatives. One is to divide the building with area separation walls so that each individual. section between. separation walls would be within the alloi,,able urea set up by the code. The other choice is to protect the entire building, including the canopy, with a fire sprinkler system. The latter alternative may be preferable to the o -w-ner because of the flexibility ,gich is permitted by having a large '.lnslll�:.�i�riflr�d area. Gcci -smiT� �r,atr �rou have a Group F Qccupancy the building then would be permitted under the provisions of Section 506(b) which permits any building of one or two stories ir. height and of Group F occupancy to be of unlimited area if it has an automatic fire sprinkler system throuoiout and is entirely surrounded by yards or streets of 60 feet in -V Z' C. 11. Moser March 8, 1974 Page 2 width. The sprinkler protection should also cover the canopy. In other words, the entire building complex should be protected by an automatic fire sprinkler system. The canopy itself does not require any special fire resistive construction because Section 506(b) would permit a Type V building here so that no special fire resistive construction is required. S --oke.and heat vents would not be required for the canopy or =or that matter anywhere within the building because Section 3206(a) only requires them where the area exceeds 5x,000 square feet in any undivided area. To recapitulate then, the addition of the canopy does create one large building of approximately 95,000 square feet. In order to comply wit^ the code this building should either be protected w-L-'1 an automatic fire sprinkler system or should be subdivided into allowable areas by area separation walls. The canopy does not require any special fire resistive protection and smoke and heat vents are not required anywhere in the building by the building code. Sincerely, Vincent R. Bush, P.E. Regional Engineer VRB /na �n k �7 V"V CV111a dye of , z din a 4801 WEST FIFTIETH STREET • EDINA. MINNESOTA 55424 April 11, 1974 927 -8861 George Welsh, President Inland-Construction Company 7359 Washington Avenue South Edina, Minnesota 55436 i Dear Mr. Welsh During the months of January and February of this year, several routine fire inspections were made of your office - warehouse complex - buildings numbered 7651 and 7675 Washington Avenuo South. Those inspections demonstrated the need for complete automatic sprinkler protection. Appropriate provisions of both the Building and Fire Codes would require sprinkler protection. Fire experience with respect to such large, unprotected buildings clearly indicates the need for automatic sprinkler protection. Particularly when Fire Department operations would be seriously handicapped by limited accessibility. This building complex was not constructed or occupied in conformance with the Building Code. The appropriate code at the time of construction was the 1964 edition of the Uniform Building Code. Several sections of this code involving maximum allowable floor areas and exterior openings have not been complied with. Proper occupancy approvals by the Fire Department have not been obtained as required by City Ordinance. As the present time this building complex is in violation of the following Building and Firm Code sections: 1. National Fire Code, Volume 9, 1965 N.F.P.A. 0231, Section 411 "Warehouses Containing Type I and /or II Storage ". 2. Uniform Building Code, Section 3802 -6. Croup E -2 Occupancies with Floor Areas in Excess of 1500 square feet. 3. Uniform Building Code, Section 3802 -1. Exterior Openings for Fire ! Department Accessibility. 4. Uniform Building Code, Section 506. Maximum Allowable Floor Areas. See attached letter. i 5. Uniform BuLlding Code, Section 302 -c. Correction of Code Violations. Our evaluation or this office - warehouse complex on the basis of both usa ! and design strongly suggests the need for automatic sprinkler protection. i • I 2 .al-elsh, Prestceat rn Will a. �;�-`?� ':: ��°-�� ors •� - ag e of •1101 WEST FIFTIETH STREET • EDINA. MINNESOTA 55526 927-8861 You are hereby ordered to install an approved, completed automatic sprinkler system in your building complex by the authority of the A.I.A. Fire Prevention Code, Section 14.2, City Ordinance 611, Section 1 -a. This-system shall provide protection for all areas of buildings 7651 and 7669, Building 7675 thru 7697 and the covered canopy area. This system shall be installed in conformance with National Fire Code, Volume 6, N.F.P.A. #13 and shall be com*lete six (6) months. - If compliance with this Fire Prevention Order cannot be achieved in y the designated time, please submit to our office a proposed plan of correction. This plan must be received by this office not later than April 29, 1974. If you have any further questions please do not hesitate to call me at 972 -3865. Sincerely yours, Theodore Paulfrana, Inspector Fire Prevention Bureau Edina Fire Dev rtment _ SENDER. Be sure to follow instructions on other side PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCKS) (ddditional charges required for these services) Show to whom, date and address Deliver' ONLY where delivered io addressee ' RECEIPT Received the numbered article described below = - REGISTERED a0. SIGNATURE OR -NAfdE OF ADDRESSEE. _(31ust. atuaya be, lied in) . . , :- _ �1. ', • ��rl- GG�f`7 .`mot/ `'�•�`"-� _ CERTIFIED 40. .. /J / / r'• ` SIGUATURE OF ADDRESSEES G ANY ' AGEN IF . • .: .. INSURED NO. :LIVERED (Onil, ij requested, and include ZIP Code) RECEIPT/ FOR CERTIFIED W L -30,. (plus postage) ,•,'_ , , .;, ° ;; : `. <' Ott. �C�cc...c�„ Q0 STREET a %: ',J. P.D/ST,'E 1_,D ZIP C,:)E �L nJ J 3 RETURN !s 1. Shows to *loin ` and dote delivered ............ 151 RECEIPT + `v:: f !o ad;ressee only ._...... . Me Shows t) *nom. dale and where delivered 35t SERVICES to only ....... E51 SPECi- et•ro f..., re rp;,,.0.... PS Form 3oC0 !!0 I?1SURA4CE COVERAGE PRC'IIDED- Nov.1971 h0T FCi INTERHATI04AL •'%,A;L CR DATE (See other sde November 19, 1974 Mr. George Weloh, President Inland Construction Company 7359 Washington Avenue South Edina, Minnesota 55536 hear Air. Welch: I Recent changes in City Ordinance No. 471 uecessitates the reiesuin of certain b Y B orders involving unsafe buildings. The following orders will supercede orders to you dated Apr6t 11, 1974, and requiring the installation of an automatic sprinkler system in your buildings numbered 7651 and 7675 Washington Avenue. I',- lI Inspection and evaluation of your building complex indicates serious violation Iof Fire and Building, Code prov'sians. Large and undivided floor areas in i these buildings represent a critical fire hazard and the best and more appro priate method of providing fire protection for such areas is through the use i of an autam tic sprinkler system. Pursuant to Section 3, City Ordinance No. 471, you are hereby ordered to in- F�-, stall an approved, complete and automatic sprinkler system in your building i ii J complex. Street addresses 7651 thru 7669 and 7675 thru 7697 Washington Avenue, Edina, Minnesota. i This order is issued under paragraph a -10, g and h of Section 2, City u Ordinance Igo. 471. Specifically it is issued because of violations of Uniform Building Cade, Section 3802 -6, 5802 -1, 505, 506, 302 -c and 3301, and violations .�of A.I.A. Vire prevention Code, Section 14.2 and National Fire Code, N.F'.P.A. t1 '',•' 0231 -1965, Section 411. jThe sprinkler system to be installed must provide complete protection for all floor arc.,as and time canopy (enclosed) of said buildings and shall be installed _! in eomrpiete conformnce uith the Untional Fire Code N.a .P.A. X13, 1966 edition an adapted by City Ordinance No. 611. The sprinkler system shall be completely installed within six moncha of the date of this order. Pursuant to' City Ordinance Pao, 471, you have the right to appeal this order to the City Council by filing a uritten appeal with the City Cleric within thirty (30) days from the date of this order. If you have any questions or wish further information please call me at 927 -8365. Sincerely, .Theodore Paulfranu, Inopector —._ F'ire_Prevention _Bureau - -- Deputy Building Official TaiP /dd David 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 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. A1- 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. Paulfranz, I am requesting that he provide me with copies of the specific code provisions which, it is claimed, s Inland is in violation. Very truly yours, David R. Linden DRL : b lm cc: William D. Harrison Theodore Paulfranz v' C ....- EE . _ 011f., MRAT flfT•lTM ♦TM•lT` CJIAA, M,AALSOfq 0724 CODE COMPLIANCE CERTIFICATE , -� rf- This is to Certify that the Office - Warehouse ��8 buildings _. located at 7651 -7669 & 7675 & 7697 Washington Ave. So., Edina, Minnesota constructed by Inland Construction Corporation for Inland Construction Corporation under Building Perm. it T F -628 and F -626 has been inspected and meets the minimum requirements of the Edina Village Building Ordinance ,'.'401, Plumbing Ordinance 1'431, Fire... Department Ordinance 06.11, Health Department Ordinance {741 and Zoning Ordinance x`311. - Electrical work is under State Code and supervision and therefore is not covered by this Certification. Certification is subject to following conditions and exceptions: Applies only to Shell building and tenant spaces located at 7665 -7669, 7651 -7653, 7663, 7675, 7687 and 7691 -7697 Washington Avenue South, Edina, Minnesota. This is not an Occupancy Certificate. Occupancy Certificate rust be applied for by actual occupant. VILLAGE Or EDI„R . . t > /" 6 `. Calvin H. t1oser Building Official cc: 1131 January 23, 1975 4.p—, 0 "_Iyr� MEMORANDUM TO: Edina City Council FROM: Robert J. Buresh, Assistant Fire Chief SUBJECT: Appeal of Fire Department Order by Biltmore Lanes This memorandum will serve as the written report required by Ordinance No. 471 -A1, Section 3(b) concerning the appeal of December 16, 1974, to Mrs. Florence Hallberg, City Clerk, from Robert F. Henriksen, V.P., Gus Youngs, Inc. The following is a summary of events, taken from the Fire Prevention file, which relate to the appeal of the Fire Prevention Order requiring an automatic sprinkler system to be installed in the Biltmore Lanes: 1. Early in 1973, Ed Sherman, Fire Inspector, Edina Fire Prevention Bureau was assigned to survey all basement occupancies in Edina which exceeded 2500 square feet and obtain compliance with the sprinkler requirements stated in our Fire Prevention Code. 2. On May 31, 1973, Ed Sherman issued an order to the Biltmore Lanes which required that an automatic sprinkler system be installed in the basement area of their building in accordance with our Fire Prevention Code. (See Attachment No. 1). 3. On July 12, 1973, Ed Sherman's order was appealed. (See attachment No. 2). 4. On September 5, 1973, an appeal was heard by the Edina Building Con- struction Codes Commission and no decision was rendered pending further review and survey of the entire building. (See attachment No. 3). 5. Early in 1974, Inspector Paulfranz was assigned to survey certain buildings in Edina which had not complied with previous Fire Prevention orders. Paulfranz surveyed the Biltmore Lanes and found many deficiencies in the fire resistive requirements and exiting system. It was found that the building did not comply with the Building Code at the time of original construction nor did the remodeling work comply, which was done at a later date. The building was constructed in 1956, and an addition was constructed in 1957. The building did not conform to Village Ordinance No. 51, which had been adopted by the Village of Edina in 1952 nor has it conformed to any of the Building Codes thereafter adopted by Edina. 6. Based on this survey orders were issued on March 7, 1974, for an automatic sprinkler system to be installed in the Biltmore-Lanes. (See attachment No. 4). 7. On April 5, 1974, the sprinkler order was appealed. (See attachment No. 5). 8. The Board of Appeals meetings was never scheduled and in the interium the Edina City Ordinance relating to unsafe buildings was revised. TO: Edina,City Council SUBJECT: Appeal of Fire Department Order by Biltmore Lanes January 23, 1975 8.(Con'td) During the month of October, 1974, questions were.raised as to our ability to enforce the order of March 7, 1974, due to the change -in our City Ordinance. Therefore, anew order was issued on November 18, 1974, in accordance with City Ordinance No. 471. (See attachment NO 6),: 9. The order from Paulfranz on November 18, 1974, was appealed on Decemb'er,16, 1974— (See attachment No. 7). It is my.recommendation.,that,an automatic sprinkler system be. installed in. this building at the earliest possible time'. Reasons for' °recommendation: 1. The building-does not conform to the Building Code which it,was built under nor has it complied with any building code adopted by the City of Edina since. 2. It has been the policy of the Edina Fire Department to require built -in fire protection equipment installed in all new and existing structures when such equipment is required by the Fire Code or Building Code. 3. The precedence has previously been set in Edina on numerous occasions and other owners of existing properties have been required to update their buildings -in accordance with the legal requirements of our Codes. 'Respectfully/ submitted, C -A- 4- Robert J. Buresh, Assistant Fire Chief Edina Fire Department RJB /dd =. t r ... I. _ -S= 10 - °1 : Be pure to follow insfrucfions on other side I PLEASE FURNKM SERIME(S) mr,11CATED BY C>-iECXED BLOCK(S) I (lddieimeal cher�ea rrquired jor these serviees) I ❑Show to whom, date and address Deliver ONLY vihere delivered ❑ to addressee Received the numbered article described bclo:v u'A' RcGISTEREO NO' SIGNANRE OR. NAME OF AODRESSEE (Bloat alueya ba JWU d in) CERT SIGNATURE OF ADDRESSEE'S AGcNT, IF ANY D E \ SNOW WHERE' CEUYERcD (Ot,iy i! re -- �Y c, quested, and include ZIP Code) • - arm. _ ,f•`4i:' �I - _ '" Dear Mr. Young: A recent survey has indicated the need to improve the fire resistance and protection of your building at 5109 West 50th Street, Edina. Warehousing of combustible materials not stored in your basement facilities presents a serious fire problem. Under Article 14 of the American insurance Association, Fire Prevention Code which has been adopted by the Village of Edina, a sprinkler system is required in basements of 2500 square feet or more. This letter will serve as notice that you are hereby ordered to install an automatic.sorinkler system in the basement of the above mentioned peoperty before September 1, 1973. '- If you have any questions regarding this fire prevention order (please feel free to contact me at 927-886-5.---- j Very truly yours, Ed Sherman, Inspector . Fire Prevention Bur -2au Edina Fire Department 1 F 0/9 voliftfil'is B1 L T lid ®R E LANES SOUTHDALE BOWL and THE BLACK SWAN PUB YOUR FAMILY — YOUR LEAGUE.— FUN, HEALTH AND SOCIAL CENTER Snack Bar o Nursery o Lockers o Bowling Instruction o Bowling Supplies Pool, Snooker and Billiard Tables o Meeting Room July I2, 1973 Cal Mosier Secretary, Board of Appeals Village of Edina, PIN. Sir: RE: Automatic Sprinkler System Notice was served upon Mr. Gus Young, May 31, 1973,by Ed Sherman, Inspector, Fire Prevention Bureau, Village of Edina' requiring an automatic sprinkler system be installed in the basement of Biltmore Lanes, 5113 W. 50th St. Edina, by I September, I973 under provisions of article 14 of the American Insurance Assoc. Fire Prevention Code. Under Section 14.4, paragraph a.General, Sub paragraph I, we have been informed that the walls and ceiling are of such construction,. namely, 16 " concrete structual strength block walls and 6 " pre- stressed concrete ceiling with 2 inches of concrete on top to form a level base floor for the bowling lanes directly above aforementioned basement. This far exceeds the two hour fire.resistance rating.ef the code. We therefore appeal the board to consider the exceptions of•the code and null and void the above notice that is added to this lettav as enclouser No. I. Sincerely your (Hobert F. (Iiank) Henriksen —__ Vice President Gus Young'.s Inc. Please notify meat the time and date of meeting. MINUTES OF THE BU I LOI C, COPJSTRUCT I0 "I CODE COt'l "I SS I ON BOARD OF APPEALS F "EETItJG �..) WEDNESDAY,.SEPTEHBER 5, 1973 AT 5:00 P.M. HELD AT THE EDINA VILLAGE HALL Members Present: fir. Thomas Wurst, (Fiai rman; P "r. Eugene Palmer; Mr. Rudy Trones; P4r. Calvin J -loser and Mr. Robert Buresh Hearing: Gus Young's Biltmore Lanes Q -1r. Young) 5109 West 50th Street, Village of Edina Order to provide a sprinkler system in Requiremtnt of the Fire Department the basement area because of lack of exterior openings. Again, this was an appeal to a sprinkling order issued by the Fire Department. fir. Robert Henrikson, representative for Gus young's Lanes, stated these reasons against the sprinkling system: a) No alterations have occured, therefore, it is not under the jur :indiction of the Uniform Buildina Code. b) The Building is concrete block and prestressed concrete. It is rated as fire resistant. c) A Sprinkler System would economically a burden. d) A system in this type of building would be impractical.. J' Mr. Henri kson stated a time extension would be desirable. tip to this time, they have been trying to comply with the orders of the Fire Department, but the time factor had been a problem. Mr. Buresh stated a time extension could be arranged. After furthur discussion, it was discovered that the entire building should have been included under the order^. According to dimensions stated, a possibility existed that the basement area could be exempt from this order. Mr. Henrikson agreed that if the sprinkling work could be done at a time when business would not be disrupted (preferrably summer), the order would be complied with. The Eoard, after discussion agreed that the order concerning Gus Young's i3iltmore Lanes should be reviewed. A motion %.,as made to ask the; Fire Department to review the order and in the event that the order was incorrect, recind. the order and take the appropri- ate steps thereafter to rewrite the order under the ordinances which are applicable. If the order was properly issued, the Fire Department would enforce a time schedule acceptable to both parties. The motion carried. vU Secretary Construction Code Commission Board of Appeals OFFICIAL BUSINLS., 1 t PEIIALTY FOR PRIVATE JS "TE O AVOID I I PAYIdi:NT OF POSTAGE, V00 Postmark of Delivering Office ' c SENDER INSTRUCTIONS °^. Print in the space below your narne, address, including ZIP Code. 'i R =TURAd o If special services are desired, check b :ock.(s) on other side. p' TO zo Moisten gummed ends and attach to back of article. I` �jLll fide) �- , 107•.60 `�f1E'.507�d U lage of ST FIFTIETH STREET • EDINA. MINNESOTA b.4.4 .01, 14 Research of our files indicate that your building at 5101 test 50th Street waa origtinally constructed under a permit issued November 29, 1951. An Addition to this building was constructed under a permit issued April 4, 1957. Both the original building And the addition were to be constructed in conformance with the s, appropriate buildinn, ccxte tit that tiu-2- That building code was "Village Ozdinnr_ce =51" adopted by the Village of Edina on October 13, 1952. irie resulting building fr= this construction tans not in conformance with this code, Section 13, as it pertains to floor areas. Y(rjr building did not conform c:*ith Ordinance f51, nor has it con - formed to any of the appropriate codes since construct.on. Presently the building is in violation of Uniform building Code Section 3802 and Table 5 -C. The lar-e floor area of this building in excess of 30,000 sq. feet represents a serious fire hazard. Experience tins shot :n that the most appropriate r:ethod of protecting such large floor areas is with an approved automatic sprinkler system. You nre hereby ordered to install an approved complete autofftic sprinkler system in your building rat 5101 -5113 test 50th Street. (City Ordsir nce x`311, A.I.A. Fire Prevention Code Section 14.2) This cipproved systcm chnll rro,ride c-- -Plete protection for all areas on the ` rst fl-^or .nni.l baf:c an It • 6.t.ia system mall be in- ot,911,C.i in ccnfornfInce with i ;aticnal 71-ze Code, Volume G, �% .P.A. 13 and shall ba c :wplcta within six moaths . If complionce of tMo fire prevention order cennot be achieved in the designntcd time p ieue,e submit to our office a proposed plan of correction. This plan wust be receive in this office no later than April 8, 1974. TRP /dd Sincerely, Theodore Piaulfranz, Inapector Fire Ps event i on i,c:reru Edina .Fire' Department 927.ear,1 April 5, 1974 Mr. Calvin Moser Secretary, Board of Appeals Edina City Mall 4801 W. 50th Street Edina, Minnesota 55424 Dear Mr. Moser: 4c-�S- This letter is written by way of request for a hearing of the Board of Appeals on two orders issued under date of March 7, 1974, to Mr. Gus Young, concerning Biltmore Lanes and Southdale Bowl. It is our position that these buildings complied and do comply with the provisions of the ordinances of the Village and City of Edina and the State of Minnesota. More specifi- cally, Section 104G on page 24, the 1973 edition edition, of the Uniform Building Code provides exactly for the circumstances of these buildings. As Edina officials are aware, these buildings were constructed originally upon review and inspection of Edina fire and building departments and have been subject to regular inspection by those departments at all times since their construction. There has been no change of occupancy or use of.these structures since their construction. May I also point out that each of these buildings were constructed and used by different owners than the one who currently received the orcer mentioned above. To subject t ;,e current owner to this tyre of liability and responsibility to a claimed deficiency in prior tines by persons no iOM -er involveu is completely an unfair and unwarrantec exercise of municipal power. Even a businessman in this comYiunity ought to be able to accept official action as co:aplete and final and not subject to review and change at the whim of each new inspector. We shall await your pleasure as to the time and place of the hearing on appeal. RFF; : cd CC: Mr. Theodore Paulfranz Enclosures (2) Ver truly yours, Jr Robert F. Henriksen, Vice President, Gus Young's, Inc. November 18, 1974 Mr. Gus Young Business Developers, Inc. Biltmore Lanes 5101 West 50th Street Edina, Minnesota 55436 Year Mr. Youngs recent changes in Edina City Ordinance No. 471 necessitates the re- issuing of certain orders involving unsafe bui.ldin s. The following orders will supercedo orders to you dated September 27, 1974, and requiring the installation of an automatic sprinkler system in your building. Inspection and evaluation of your building indicates serious violations of mire anti Building Code provisions. The large undivided floor area of this building (in ewceas of 30,000 sq. feet) represents a critical fins Hazard and the best and most appropriate method of providing fire protection for such areas is through the use of an automatic sprinkler systems Pursuant to Section 3 of City Ordinance No. 471, you are heroby ordered to install an approved, covplete and automatic sprinkler system in your buildin30 street address of 5101 tlhru 5113 West 50th Street, Edina. Hinnesots. This order is issued under paragraph (a) (10)9 g, and h of Section 2 of City Ordinance No. 471. Specifically it is issued because of violations of Uniform Buildin, Code, 1973, Sections 505, and 3802 and violations of A.I.A. fire Prevention Coda, Section 14.2 The sprinkler system to be installed must provide complete protection for ail n"en�; on she first floor aad t3ement- of said building and shall be L-no filled in coi--niate coniorwnce with the Naticnnl Tire COLD la.T.l'.:i. k13, 19G5 a^:+ition o3- cFic-?ted by City Ordinance No. 611. Me sprinkler aystem shall be completely installed within six months from tine dates of this order. Pursuant to City Ordinance No. 471, you have the right to appeal this order to the City Council by filing a written appeal with the City Clerk within 30 days from tho date of this order. If you have any questions or wish further information please call me at 927 -8865. Sincerely, Theodor* Paulfrana, City of Edina Mecaber of the Bureau of Fire Prevention Deputy Building 6fficial TRF /dd (.4 1 December 16, 1974 Mrs. Florence Hallberg City Clerk Edina City Hall 4801 U. 50th Street Edina, Minnesota 55424 Dear Mrs._U allberg: Under the provisions of City Ordinance #471, Amendment A -1, dated August 8, 1974, we wish to appeal the two orders issued �. uuder date of November 18 to Mr. Gus Young, concerning Biltmore Lanes and Southdale Bowl. This is the second such appeal, as no action was taken on our appeal of April 5, 1974, for a similar order. xt is our Position that these buildings complied and do comply with the provisions of the ordinances of the Village and City of Edina and the State of Minnesota. ::ore specifi- cally, Section 104G on page 24, the 1973 edition of the Uniform Bui;_ding Code provides exactly for the circumstances of those buildings. As Edina officials are aware, these buildings were constructed originally upon review and inspection of Edina fire and building; departments and have been subject to regular inspection by those departments at all times since their construction. There has been no change of occupancy or use of these structures since their construction. May I also point out that each of these buildings were con- structed a:zd used by different owners than the one who. currently received the order mentioned above. To subject the. current owner to this type of liability and responsibility .to. a claimed deficiency in prior tires by persons no longer involved is completely.an unfair and unwarranted exercise of municipal power. We shall await your pleasure as to the time and place of the hearing on appeal. Very truly yours, RFH:cd RdberC F'. Henriksen V.P., Gus Young's, Inc. CC:.htr. Theodore Paulfranz Enclosures (2) January 23, 1975 MEMORANDUM TO: Edina City Council FROM: Robert J. Buresh, Assistant Fire Chief SUBJECT: Appeal of Fire Department Order by Southdale Bowl This memorandum will serve as the written report required by Ordinance No. 471 -A1, Section 3 (b) concerning the appeal of December 16, 1974, to Mrs. Florence Hallberg, City ,Clerk from Robert F. Henriksen, V.P., Gus Youngs, Inc...; The following is a summary of events, taken from the Fire Prevention file, which relate to the appeal of 'the Fire Prevention order requiring an auto- matic sprinkler system be installed in the Southdale Bowl: 1. Due to many Building Code violations which showed up in a survey of the Biltmore Lanes, a survey was conducted on the other bowling lane located in Edina to determine if similar problems existed. The problems with both of these buildings were much the same, primarily involving large unprotected floor areas, non -rated construction and lack.of adequate exterior openings. 2. It was determined that Southdale Bowl, 3401 West 69th Street, did not conform to the Building Code which was in effect at the time of original construction. It was also determined that the building did not meet the requirements of subsequent Building Codes in Edina. Therefore, on March 7, 1974, an order was written by Inspector Paul - franz, to install an automatic sprinkler system at Southdale Bowl (See attachment No. 1). 3. As a result of this order, Inspector Paulfranz met with Mr. Henriksen to discuss and review the pertinent code requirements. At that meeting it was resolved that these orders should be properly handled through the Edina Building Construction Codes Commission. 4. On April,5, 1974, the sprinkler order was appealed. (See attachment No. 2) . 5. The Board, of Appeals meeting was never scheduled and in the interium the.Edina.City Ordinance relating to unsafe buildings was revised. During the month of October, 1974, . questions were raised as to our ability to enforce the order of March 7 , 1974, due to the change'in our City Ordinance. Therefore,_ a new order_ was issued on November 18,__ 1974, in accordance with City Ordinance No. 471. (See attachment No. 3). 6. The order from Ted Paulfranz on November 18, 1974, was appealed on 'December 16, 1974. (See attachment No. 4). :r ; TO: Edina City Council SUBJECT: Appeal of Fire Department Order by Southdale Bowl Janua.ry.23, 1975 It is.my.recommendation that an automatic sprinkler system be installed in this building at the earliest possible time. Reasons for recommendation: 1. The building does not conform to the Building Code which.it was built under nor-has it complied with any -Building Code adopted by the dity.o.f Edina since. 2. It has been the policy of the'Edina Fire D6partm6nt to require built-,in fire protection equ . ipment installed :in all new and existing . structures when such equipment is required by the Fire Code or Building Code. 3. The precedence has previously been set in Edina on numerous occasions and other owners of existing properties have been required to update their, buildings in accordance with the legal requirements of our Codes. 4. The roof system of this structure along with many of the supporting members are constructed of unprotected structural steel. Unprotected steel ',1,oses 70% of its strength at approximately 10000 F. Under normal fire conditions we can expect to encounter temperatures in excess of-15000 F in the area of the structural steel. Past experience. on these types of structures varifies that the roofs collapse pre- maturely under fire conditions and have cost the lives of many firemen and caused excessive property damage. Respectfully submitted, Robert J. Buresh, Assistant Fire Chief Edina Fire Departme nt RJB/dd e r;v;CS OFFICIAL C:USIpESS ` \ PENALTY F ?2 r ; -i .TE USE TO AVOID f ri I PAYMEtir OF iO;i,lGE, a C` 5300 d Postmark of C r, ivering 6fficc SENDER - INSTRUCTIONS Print in the Space below your name, address, including ZIP Code. Ir. —. C If special services are da _RETURN e sire�,.ch ck block. s) on other side. z • Moisten gummed ends and attach to back of article. TO i4 /VoL4LP11) 0 Dear Mr. young: y 'adage ®f i 'WEST FIFTIETH STREET • EDINA, MINNESOTA 63424 927.8861 V Research of our files indicate that the original permit for the construction of your bov7ling' ectrblisht:ent at 3401 West 69th Stredt was issued may 26, 1959. This building was required to meat the pre)v ,4ions of the 1958 piniform Building Code. This code was adopted by Village Ordinance 514 May 26, 1953. Your but1ding did not conform to that code, Section 3801 and Table 5 -C. Presently your building is in violation of 1973 Uniform ' Building Code, Sections 3802 and Table S -C. Large single fire areas (excess of 30,000 sq. ft.) present several fire problems. The most nppr6priate method of protecting such large areas is with an approved automatic sprinkler system. You are hereby ordered to install an approved complete automatic sprinkler system in your building at 3401 West 60th Street. (City 0erdin^nce 1611, A.I.A. Fire Prevention Code Section 14.2) This apnrovcd system shall provide cc-T:nlete protection for all arC.•^$, T.[1s uystom shall be installed in ccnforrinnce with Nnti.oLZ:l Pire Coc:e, Column 6, N.F,P.A. 13 Fad shall be cor:i?letc within six manors. If comipli.ance of this fire prevention order cannot be achieved in the designot -od til:te, please submit to our office at proposed plan of correction. This plan must be received by us no late: than April 8, 1974. Sincerely, Tieodore Paulfranz, Inspector Fire Prevention Bureau TRP /dd Edina Fire L'ep:a>: tcaeut 74 MA. April 5. 1974 Mr. Calvin Moser Secretary, Board of Appeals Edina City Hall 4801 W. 50th Street Edina, Minnesota 55424 Dear Mr. Moser: This letter is written by way of request for a bearing of the Board of Appeals ©n two orders issued under date of March 7, 1974, to Mr. Gus Young, concerning Biltmore Lanes and Southdale Bowl. . It is our position that these buildings complied and do comply with the provisions of the ordinances o'f the Village and City of Edina and the State of Minnesota. More specifi- tally, Section 104G on page. 24, the 1973 edition edition, of the Uniform Building Code provides exactly for the circumstances of these buildings. As Edina officials are aware, these buildings were constructed originally upon review and inspection of Edina fire and building departments and have been subject to regular inspection by those departments at all times since their construction. There has been no change of occupancy or use of.these structures since their construction. May I also point out that each of these buildings were constructed and used by different owners than the one who currently received the order mentioned above. To subject tine current owner to this type of liability and responsibility to a claimed deficiency in prior times by persons no io.,er involve-1 is completely an unfair and unwarranted,. exercise of municipal power. Even a businessman in this co:a -riunity ought to be able to accept official action as coiapl ete and final and not subject to review and change at the whim of each new inspector. We shall await your pleasure as to the time and place of the hearing on appeal. Ver truly yours, F.FF:: cd� �I ! CC: 'Mr. Theodore Pzulfranz Robert F. Henriksen, Enclesures (2) Vice President, Gus Youn's. Inc. i �1 it BUJ rr� } � LJ ! J 11 i I November 189 1974 mr. Gus Young Business Developers, Inc. Southdale Bowling 3401 Wiest 69th Street Edina, Minnesota 55435 Dear Par, Young: Recent changes in Edina City Ordinance No. 4719 necessitates the re- issuing of certain changes in orders involving unsafe building. The following orders will supereede orders to you dated -March 70 1974, and requiring the installation of an automatic sprinkler system in pour building.. Inspection and evaluation of your building indicate serious violations of Fire and Building Code provisions. The large undivided floor area of this building (in excess of 30,000 sqo ft.) represents a critical fire hazard And the best and.most appropriate method of providing fire pro-. tection for such areas is through the use of an automatic sprinkler system.. Pursuant to Section 30 City Ordinance No. 471, you are hereby ordered to install an approved, complete and automatic sprinkler system in your building street address of 3401 nest 69th Street, Edinao Minnesota. This order is issued under paragraph (a) (10) g and h of Section 2, of City Ordinance Ho. 471. Specifically it is issued because of violations of Uniform Building Code, 1973, Section 5059 3302 and 3502 and violations of A.I.A. Fire Prevention Codev Section 14.2 'The sprinkler system to be installed urast provide complete protection for all areas of said building and shall be installed in complete conformance with National Fire Care N.F,P.A, 0139, 19,63 edition as adopted by City Ordinance No. 611. The sprinkler system shall be co *letely installed within six months from the date of this order. Pursuant to City Ordinance No. 471, you have the right to appeal this order to the City Council by filing a smitten appeal with the City Clerk within thirty (30) days from the date of this order. If you have any questions or wish further information please call me at 927 ®8865. Sincerely, Theodore Paulfranz0 Inspector City of Edina, Fire Prevention Bureau Deputy Building Official TRP /dd December 15, 1974 Mrs. Florence Hallberg City Clerk Edina City Hall 4801 W. 50th Street Edina, 2:innesota 55424 Dear Mrs. Hallberg: Under the provisions of City Ordinance 9471, Amendment A -1, dated August 8, 1974, we wish to appeal the two orders issued under date or November 18 to 24r. Gus Young, concerning Biltmore Lanes and Southdale Bowl. This is the second such appeal, as no action vas taken on our appeal of April 5, 1974,.for a similar order. Xt is our position that these buildings complied. and do comply with the provisions of the ordinances of the Village and City of Edina and the State of ILinnesota. More specifi- cally, Section 104G on page 24, the 1973 edition of the Uniform Building Code provides exactly for the circumstances of these buildings. As Edina officials are aware, these buildings Were constructed originally upon review and inspection of Edina fire and building departments and have been subject to regular inspection by those departments at all tines since their construction. There has been no change of occupancy, or use of these structures since their construction. May I also point out that each of these buildings were-con- structed and used by different owners than the one who currently received the order mentioned above. To subject the current owner to this type of liability and responsibility to a claimed deficiency in prior times by persons no longer involved is completely an unfair and unwarranted exercise of municipal power. We shall await your pleasure as to the time and place of the hearing on appeal. RFH:cd CC: Mr. Theodore Paulfranz Enclosures (2) Very truly yours, R bent F. Eenriksen V.P., Gus Young's, Inc. STATE OF MINNESOTA DEPARTMENT OF REVENUE CENTENNIAL" OFFICE BUILDING SAINT PAUL, MINNESOTA 55145, December 30, 1974 Mayor City of Edina Gent.l emen : Repres=n;atives from the Department of Revenue recently comnleted meetings with county assessors throughout the state. One.of the rurposes of these airetincs was to discuss the levels of assessment of real property as re- f lcLcit:d in the most recent sales ratio studies and to explore possi5id courses of action to bring the 1975 assesslrelnts up to current market: values. Traditionally, the Department of Revenue has based its recornerdations for changes made to b -irg the level of assessment into 1, no with the currant inarlket Values tea t,L state's sales ratio studies. However, because the - sales ratio stua;.y is based upon sales dating back, over a three -year period, it was the ��,rnien of most assessors that the state's sales ratio study presente-1 a H—her level of assessment than acta311y exists. This, of course, is due to the dre.matically rising prices being paid for almost all types or real estate.. Therefore, the suggestions pie are recd men4ing to be „ac;e for the 1975 assessl,�ent are based upon current available da±a. This denar"Ment and assi�,ssors nemnerally throughout the state agree that the market value niust be established on the basis of the best current information. Regardl -ess of the fact that there is currently.a five percent limitation on valuation increases on certain types of property, the assessors and the boards of review and equalization are still required by law to value all property at one hundred percent of market value. Future legislative changes . ire our property tax system could penalize a taxing district not assessed at its current market value. After having- discussed the level of assessment in your district with your county assessor and after having carefully examine(! the latest sales ratio stui ies, it is our belief" that the following increases are the minimu:t! necessary in the general valuation level of property to ecualize within yrur district, county,` bordering counties and with the standards throughout the state. These suggestions are minimal aggr.eaate increases and are not to be considered as necessarily applicable to each parcel. or type of crooerty or the lim-it of changes to individual taxpayers in equalizing at market value. • AN EQUAL OPPORTUNITY EMPLOYERO The assessor should analyze his valuation to determine the increases to be applied to the various types of property to effect equalization within his jurisdiction. Residential +13% If you have questions concerning these recommendations or disagree with these recommendations, we will be happy to discuss the levels of assessment with you. The work of the assessor in the 1975 assessment should be given careful attention by the boards of review and equalization. When suggested improve- ments are made at the local level, no changes will be necessary at state equalization. These results are much more satisfactory than percentage in- creases made by the state board of equalization. Very truly yours, ARTHUR C. ROEMER Commissioner of Revenue ACR /LHA /lmk 'rt .k ry. a r, �:T r H ✓ t.Ur r?4l. ie... S t 2.4 •- ......t r{ � -. �s,,,. f.' �.�;•.a.y,. _,..mot.. ,tTi. •... -. . },. ::_. ., N�. . . ...... y.. CITY OF 1NVER GROVE HEIGHTS Ofity Of —gwvt �zove o�{ei9�tEs DAKOTA COUNTY, MINNESOTA essa eouw—ouec eouLcv.wo I rwv[w owovc Hcrorrs...r�r.[sor� sso's RESOLUTION NO. 1248 •r �r +• +•srrr RESOLUTION REQUESTING REPEAL OF FISCAL DISPARITIES LAW j I WHEREAS, the Minnesota Legislature has heretofore enacted Fiscal Disparities i Law. and January 31, 1975 WHEREAS. said Fiscal Disparities Law is most discriminatory against the City of Inver Grove Heights, and WHEREAS. said Fiscal Disparities Law causes the City of Inver Grove Heights to lose a substantial portion of its potential revenue needed to service facilities within the City of Inver Grove Heights, and WHEREAS. financial relief through Federal Revenue sharing has become a reality since the passing of the Fiscal Disparities Law. and TO WHOM IT MAY CONCERN: WHEREAS, the Fiscal Disparities Law is taxation without representation, and WHEREAS, the Fiscal Disparities Law discriminates against communities that We are forwarding a copy of Resolution No. 1248 titled "Beaolucion have not as yet developed their industrial and commercial areas. and January 27,R1975lbyftheeCityD iof WHEREAS, suburban communities when fully developed will only have 60% of Council nverwGrovewHeights ands which we have been instructed to send to you. ' their commercial and industrial tax base and inner cities will have 140% of the Very truly Y Y Yours, / commercial and industrial tax base resulting in financial hardship for suburban ` communities, and CITY OF INVER GROVE HEIGHTS WHEREAS. communities losing 40% of the commercial and industrial tax base must provide 1DO% of the services required, including but not limited to schools. parks. // police protection. fire protection, water, sanitary sewer, storm sewer, streets and �o L -c' - administration, and Rogert W. Schaefer WHEREAS, communities such as Inver Grove Heights will need a tax base to pay city Administrator for the cost of the City development. and RWS:co WHEREAS, the Fiscal Disparities Law is arbitrary and capricious in the area Enc. covered. amount levied, and covers only new development rather than all development. NOW THEREFORE, the City Council of Inver Grove Heights herewith requests the Minnesota Legislature to.repeal the Fiscal Disparities Law. Adopted this 27th day of January 1975. Ayes: Atkins. Teare, Newton, Nelson, Saed. Nayes: None. /e/ Eu ens Atkins ATTEST: ugene t ins, Mayor /a/ Ed Kurth - '. Ed Kurth, Clerk January 3, 1975 Edina Village Council, Edina, A"innesota. Dear Sirs: Be are writing to call your attention to our request that, if possible. you put the name "John Kyte" on some portion of land in Edina. As stated in the land grant, a facsimile of which you have, land was granted to John Kyte in 1856, which grant was signed by the President, Franklin Pierce. In the interest of history. it would seem proper that the name of John Kyte should be placed on some piece of.land, park ar road. Thank you for any consideration you might give, this matter. Sincerely Mrs. J. R. Fitzgerald �.,2� 3027 West 43 Atreet. Minneapolis, Minn. 55410 1975 LEGISLATIVE POLICY- RECOMMENDATIONS OF THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES ADOPTED BY THE ASSOCIATION MEMBERSHIP ON DECEMBER 12, 1974 POLICIES PERTAINING TO MUNICIPAL REVENUES AND TAXES (Sections I through III) I. MUNICIPAL REVENUES The fiscal relationships between the state and it.s municipalities have been fundamentally altered during the last two sessions of the Legislature. More state revenue is being distributed, aids have been consolidated into a single per capita payment, and strict state limitations were imposed on the taxing and spending author- ity of municipalities. While many of these alterations have had a generally positive impact, further changes are now needed be- cause of soaring inflation rates, unique differences among the many units.of local government and increased services provided by municipal government which are demanded by its citizens and /or mandated by law. I -A. 6% LEVY LIMITATION The six percent annual increase in spending allowed by the current levy limitations is not realistic in view of the rapid rate of inflation and the increasing and /or mandated demands for municipal services. Additionally, only one year, 1971, was used as the base year for establishing this limitation and because of the many differences among the municipalities if 1971 happened to be a low levy year for some unique reason then that particular municipality must still live with an unrealistic base. We strongly oppose in principle such limitations and SUPPORT THEIR REPEAL. Political considerations would indicate that total repeal may not be accomplished at the present time. The present six percent levy limit SHOULD BE AMENDED TO IN- CORPORATE A MORE REALISTIC INDEX OF INCREASING MUNICIPAL COSTS IN PLACE OF A FIXED RATE AND ONE WHICH WOULD RESPOND TO AND REFLECT MORE CLOSELY INFLATION RATES AND MUNICIPAL NEEDS. I -B. OTHER REVENUE SOURCES The revenue.sources available for municipal government gen- erally fall into four categories: (1) property tax levies and special assessments, (2) state and federal aids, (3) license and inspection fees and selective excise taxes, and (4) municipal liquor. Under present tax law, there is very little flexibility for municipalities to increase their re- venues in any appreciable manner. The Income Tax and Gen- eral Sales Tax, which are the ones which grow and expand -1- as the economy grows and inflation rates soar, are kept al- most exclusively as revenue producers for the State. We see very little chance that municipal government in the near future will be given access to either a general sales tax or income tax. There does seem to be one minor source of re- venue available to local government, which is now collected only in certain areas. B -1. CLARIFY THE PROHIBITION AGAINST LOCAL SALES AND INCOME TAXES. There is a current law which prohibits any county, city, village, borough or other taxing authority from increasing a present tax or imposing a new tax on sales or income. This law SHOULD BE AMENDED TO MAKE CLEAR THAT THE PROHIBITION APPLIES ONLY TO A GENERAL SALES OR INCOME TAX IMPOSITION OR INCREASE. B -2. TRANSIENT LODGING TAX. A STATEWIDE "TRANSIENT LODGINGS TAX" OF 3% SHOULD BE IMPOSED AND THE REVENUE RETURNED (AFTER DEDUCT- ING THE COSTS OF STATE COLLECTION AND DISTRIBUTION) TO MUNICIPALITY WHERE COLLECTED WITH THE COUNTIES RECEIVING THE REVENUES COLLECTED IN UNINCORPORATED AREAS. MONEY RECEIVED BY ANY COUNTY OR MUNICIPAL- ITY FROM TAXES LEVIED AND COLLECTED PURSUANT TO THIS ACT MAY BE SPENT FOR ANY AUTHORIZED PURPOSE AND WILL NOT BE'INCLUDED WITHIN THE DEFINITION OF ANY LIMITATION IMPOSED ON TAXING OR SPENDING. THOSE AREAS LEVYING SUCH A TAX NOW SHOULD BE GUARANTEED RECEIPT AT LEAST EQUAL-TO THE AMOUNT THEY RECEIVED UNDER THEIR LOCAL.TAX. . I -C: COUNTY /MUNICIPAL AID FUND AND FORMULA. The 1973 Omnibus Tax Act was built upon the efforts of pre- vious legislation to hold the line on property taxes by in- creasing the amount of non- property revenue distributed to local units of government and by consolidating several ex- isting local government aids into the County- Municipal Aid Fund. The State aids are a.fixed dollar per capita amount and combined with the 6% levy limit does not allow for "real growth ".in the tax base of a local government unite C -1: PER CAPITA AID The State- Municipal:Aid. per capita payments SHOULD BE INCREASED FROM THE PRESENT $37 PER CAPITA FOR CALENDAR YEAR 1975 TO COMPENSATE FOR THE SOARING INFLATION RATE WHICH HAS RESULTED IN VASTLY IN- CREASED COSTS FOR LOCAL GOVERNMENT AND SHOULD BE CONTINUALLY REVIEWED TO KEEP PACE WITH FUTURE IN- FLATION. -2- C -2: TECHNICAL MODIFICATION The available indices indicate that the present ba- sis for distribution, which funnels the financial aid into those units of local government which are providing the most services and where the property taxes are the highest, is sound. HOWEVER, CERTAIN TECHNICAL MODIFICATIONS SHOULD BE MADE TO THE FORM- ULA TO ELIMINATE THE PRESENT FINANCIAL INCENTIVE FOR LOCAL UNITS OF GOVERNMENT TO REQUEST SPECIAL LEVIES I -D. PERMANENT LEVY FOR INDUSTRIAL- COMMERCIAL GROWTH. The present levy limitation law does not provide a meaning- ful procedure by which a municipality.may increase its levy for commercial or industrial growth. This creates an addi- tional hardship on communities having industrial or commer- cial growth which require new and /or increased municipal services. The present law allows for a special levy on this type of property for four years after issuance of the build- ing permit... Since the services needed to support the new development, such as fire, police, streets, etc. will con- tinue indefinitely, THE TEMPORARY SPECIAL LEVY ALLOWANCE LAW FOR NEW COMMERCIAL AND INDUSTRIAL PROPERTY GROWTH BE CHANGED TO ALLOW IT TO BE LEVIED ON A CONTINUING BASIS. II. PROPERTY TAX REFORM There have been many changes in state and local fiscal policies in recent years which have focused on avoiding increases in the tax burden on local property, particularly homestead and residen- tial property, by providing alternate sources of revenue. We believe that a number of changes in the property tax system it- self are needed to make it a more equitable revenue instrument, reduce administrative costs and to make it'a more understandable system for the taxpayers. II -Ao 5% INCREASE LIMIT ON MARKET VALUE OF RESIDENTIAL PROPERTY. In its desire to hold the-line of property taxes, at least insofar as residential property i-s concerned, the Legisla- ture placed a 5% limit per year on the amount that an assessor may increase the market value of residential prop- erty. This makes it impossible to equalize the fair market value among properties as required by law, increases the local administrative costs and causes a growing disparity between the real market value and the limited market value. The Legislature should REPEAL THE 5% ANNUAL LIMIT ON THE INCREASE ALLOWED IN THE ASSESSED MARKET VALUE OF RESIDEN- TIAL, AGRICULTURAL AND SEASONAL RECREATIONAL PROPERTY. TO ALLEVIATE ANY SHIFT IN TAX BURDEN TO RESIDENTIAL PROPERTY, THE HOMESTEAD TAX CREDIT SHOULD BE INCREASED PROPORTION- ATELY AS SHOULD THE INCOME TAX RENT CREDIT, -3- II -Bo MAINTENANCE OF REAL PROPERTY Many property owners are confused as to what maintenance and repair can be performed -to maintain a property with- out increasing the market value and causing higher taxes. Property owners should be encouraged to maintain their property in such a way'as to prevent physical, esthetic and structural deterioration of. property. Such deteriora- tions could lead to neighborhood blight, particularly in older sections of the area. Due to previous rulings, in- terpretations and practice relating to the term "market value it is doubtful that a municipality can legally do much.'in a public relations way to encourage such mainten- ance and repair of property and to assure the property owner that his taxes will not increase as a result. A dis- tinction should be made between maintenance and repair and other improvements which naturally lead to increased mar- ket value, such as adding a garage, adding rooms, swimming pool, etc. THE TERM "MARKET VALUE" AS USED IN THE LAW PERTAINING TO ASSESSMENTS SHOULD BE CHANGED TO "FA.IR MARKET VALUE OF AN ADEQUATELY MAINTAINED PROPERTY'. MAINTENANCE AND /OR RE= PAIR INCLUDED IN ADEQUATELY MAINTAINED PROPERTY WOULD IN- CLUDE THE REPLACEMENT OR REPAIR OF ANY COMPONENT OF THE STRUCTURE ORIGINALLY RECORDED AND ASSESSED BY THE ASSESSOR. II -Co ELIMINATE PROPERTY CLASSIFICATION 3CC Minnesota has had a classified property tax system since 1913 and there ar.e;pre sent 1y over 30 different classifica- tions. It is via the classification system and the dif- fering assessed market value percentage that enables the Legislature to promote various social goal's through use of the property tax. Since there are s,o many classes and the relative mix of classes varies so drastically in any ' given ,taxing district, it makes it difficult to signifi- cantly reduce the number of classes without causing sub stantial shifts in the incidence of taxation. Paraplegic veterans, blind persons and certain disabled persons are given a classification of 3CC. This results in less re- venue.to local governmental units due to the lower assess - ment.percentage rates for this classification. However, the services provided to this kind of property by local government are the same as the services to any other prop - erty. The older, developed central cities tend to have a larger percentage concentration of this kind of prop- erty owner because of the generally higher level of social and other services provided in these areas which leads to an increased burden for the mature cities. -4- CLASSIFICATION 3CC SHOULD BE ELIMINATED AND A DIRECT RE- IMBURSEMENT FUNDED FROM STATE REVENUES SHOULD BE SUBSTI- STUTED FOR THOSE PERSONS. THIS REIMBURSEMENT SHOULD EQUAL THE PRESENT RELIEF GRANTED AND BE ADMINISTERED IN THE SAME MANNER AS LOW INCOME SENIOR CITIZENS AID IS HANDLED. II -D. TAX AND SPECIAL ASSESSMENT DELINQUENCIES It has become increasingly profitable for property owners, particularly developers; to withhold payment of ad valorem taxes and special assessments. The penalty and interest rates for late payment are such that a person can make a profit by investing his withheld tax payment and.then pay- ing his tax payment late, even with the penalty and ac- crued interest. This has become a major problem for some developing communities and there are indications that the delinquency rate may go as high as 20% for taxes payable in calendar.year 1974 in some municipalities. Even in fully developed communities, there is a growing trend of delinquencies. Some mature areas are experiencing the problem of absentee landlords who own housing and do not pay their taxes for seven years, collect the rent and then simply walk away at the end of the seven year forfeiture period. Municipalities have also encountered the situtation where another governmental unit has acquired title to property but has not filed.the necessary paperwork to have the prop- erty officially removed.from the tax assessment rolls. Con- sequently the municipal budget has been adopted and mill rates established, based on the premise that the property was still on the tax rolls. Under the present law, there is no recourse for.the municipality to collect any taxes and penalties that may accrue between the time that the governmental unit may acquire title and the time they file the necessary paperwork to remove said property from the assessment rolls. D -1: THE CARRYING CHARGES ON DELINQUENT AD VALOREM TAXES AND SPECIAL ASSESSMENTS SHOULD BE INCREASED TO THE MAXIMUM RATE PERMISSIBLE TO BE CHARGED BY PUBLIC BANKING AND LENDING INSTITUTIONS. PROPERTY CLASSI- FIED AS HOMESTEAD SHOULD NOT BE SUBJECTED TO THE INCREASED CARRYING CHARGES. D -2: THE SEVEN YEAR GRACE PERIOD FOR FORFEITURE OF TAX DELINQUENT PROPERTY SHOULD BE REDUCED TO THREE YEARS. SINCE THE PROBLEM IS PARTICULARLY ACUTE WITH SOME DEVELOPERS, ABSENTEE LANDLORDS, ETC., THE LEGISLATURE MAY WISH TO REDUCE THE FORFEITURE PERIOD FOR ONLY CERTAIN CLASSES OF PROPERTY, I.E. VACANT BUILDINGS, ABSENTEE OWNED RESIDENTIAL STRUC- TURES AND UNDEVELOPED LAND IN MUNICIPALITIES. -5- D -3. ANY PUBLIC JURISDICTION ACQUIRING PROPERTY SHALL BE LIABLE AND SHALL PAY, OR ARRANGE FOR PAYMENT OF ALL TAXES DUE AND PAYABLE UP TO SUCH TIME AS THE PROPERTY IS FORMALLY REMOVED FROM THE ASSESSMENT ROLLS. ALL PENALTIES ASSESSED TO PRIVATE OWNERS SHALL ALSO APPLY TO SAID PUBLIC JURISDICTIONS. II -E. TAX EXEMPT PROPERTY By law, legal interpretations and practice, there is much property which is not subject to ad valorem taxes. Be- cause some of this property is owned by units of govern - ment such as parks; highway right -of -ways and public build - ings, taxes will never be paid. _There is much other prop - erty "that is privately owned that is also exempt from pay- ing local property taxes even though they do receive and benefit from the services provided by municipal government. It is estimated that 52% of the land area in Minneapolis is now tax exempt. There seems to be a growing trend in all areas for more property being declared tax exempt. This causes a heavier burden on the other property owners in a given taxing district. ALL PROPERTY OWNED BY HOSPITALS, CEMETERIES, NON- PROFIT ORGANIZATIONS AND UNIVERSITIES AND COLLEGES WHICH ARE NOW EXEMPT WOULD BE SUBJECT TO THE AD VALOREM TAX LEVY OF MUNICIPAL GOVERNMENT. THE PROPERTY OWNERS -WHO FORMERLY WERE EXEMPT FROM PROPERTY TAXES BUT WOULD BE SUBJECT TO TAXES UNDER THIS RECOMMENDATION WOULD PAY THEIR PROPERTY TAXES AND THEN FILE FOR A REBATE FROM THE STATE DEPARTMENT OF" °REVENUE . II -F. PROPERTY TAX APPEALS SYSTEM: The present Minnesota property tax review system which in- cludes several unrelated forms of administrative and judi- cial review is confusingly complex, procedurally and eco- nomically inefficient -and, - as a practical-matter,. not usable except for large taxpayers. Also, the present administra- tive review procedure is probably lacking in essential fairness and due process, in that the governmental bodies making the adjudicatory decision on the merits of the tax- payers appeals are the same bodies which impose the tax in the first place. The members of the Appeals Boards are often unqualified to make the factual'and legal determina- tions they are called upon to make. There are presently . three appeal routes now open to the taxpayer: Administra- tive Procedures, including the three different Boards of Equalization and Abatement; Judicial process; and the State Tax Court. The variety of present methods of initia- ting review, including three separate and unrelated boards of review, abatement procedure and judicial review actions is procedurally complex, inefficient in terms of the time of the official involvement and can be costly to the tax- payer. F -1. LOCAL BOARD OF EQUALIZATION Local units of government would have AN OPTION to appoint an independent local Board of.Equalization to hear and review the citizens' complaints and would have the authority to make adjustments. IF THE PROPERTY OWNER OR HIS REPRESENTATIVE HAS NOT APPEARED BEFORE THE BOARD OR NOTIFIED THE BOARD OF HIS INTENT TO APPEAR, HE HAS WAIVED HIS RIGHT OF APPEAL ON THAT YEAR'S ASSESSMENT. F -2. APPEAL FROM LOCAL BOARD. UPON THE ADJOURNMENT OF THE LOCAL BOARD OF EQUALI- ZATION, INDIVIDUAL ASSESSMENTS BECOME FINAL UNLESS THEY HAVE BEEN APPEALED TO THE COURT WITHIN 20 DAYS OF THE BOARD'S DETERMINATION. THIS APPEAL COULD BE MADE TO THE DISTRICT COURT OR TO SPECIAL TAX CONCILIATION COURT WHICH COULD BE UNDERTAKEN AT MINIMUM EXPENSE TO THE TAXPAYER. THE COURT(S) MUST HEAR THE APPEAL AND RENDER ITS'DECISION WITH- IN 60 DAYS OF THE LOCAL BOARD'S DETERMINATION. F -3. COUNTY AND STATE BOARDS OF EQUALIZATION. COUNTY AND STATE BOARDS OF EQUALIZATION AS THEY EXIST TODAY WOULD ONLY FUNCTION TO EQUALIZE CUR- RENT ASSESSMENTS AS A WHOLE WITHIN THEIR RESPEC- TIVE JURISDICTIONS AND WOULD NOT HEAR INDIVIDUAL APPEALS. III. MISCELLANEOUS TAX CONSIDERATIONS III -A. TAX INCREMENT FINANCING. There are four types of tax increment financing allowable under Minnesota law: (1) Housing and Redevelopment_ Author- ity Projects; (2) Industrial. Development Projects; (3) Development Districts created by special legislation for certain cities and (4) a state -wide Development District Law enacted in 1974. While there are differences between these various laws, the basic intent contained in all is to provide a financial technique for community renewal and development to promote employment opportunities, improve the tax base and improve the general economy of the region and state. The tax increment approach to financing renewal makes use of the principal that development generates in- creased property values. Taxing those incremental increases in property values generates revenues which are pledged to finance the redevelopment costs. -7- The following example illustrates the basic process. Assume the or- iginal taxable value of the project tax receipts is $5,000,000, producing $160,000 in taxes in 1974. . The net amount needed to be financed through the tax increment process might be $4,500,000 ($7,500,000 in capital costs, including clearance and $500,000 in administrative costs, less land re -sale of $3,500,000). A private developer buys the land for $3,500,.000 and constructs a commercial development having a market value of $15,000,0.00, which yields $660,000 in taxes. The tax increment, $500,000 per year, (the $660,000 minus the $160,000 in original taxes) goes to pay off the principal and interest on the $4,500,000 in bonds issued in connection with the project. The $160,000 continues to be distributed to the other project area taxing districts (county, school districts, etc.) Upon completion of the -need f:or tax increment financing, the entire $660,000 will be distributed to the various affected taxing districts. As-indicated earlier, there are various sections of the State Statutes that deal with the concept of financing development or redevelopment through the technique of tax increments. While the objectives are basically,the same for all of the various methods, the rules, r'egula- tions and administrative procedures are not uniform or consistent. Consequently, there is some concernr'egard- ing how these various methods of tax incremental!opinions and interpretations as to what the law actually means. This has caused confrontations between municipal and county government, particularly in Hennepin County. At least partially,due to the many local bills being intro- duced into the Legislature requesting tax increment de- velopment district financing, in various forms on a city. by city basis, the State League sponsored the general legislation that became law in the 1974 session. WE STRONGLY SUPPORT THE CONCEPT OF TAX INCREMENTAL FI- NANCING WHICH PROVIDES A VALUABLE TOOL AND OPTION TO LOCAL UNITS OF GOVERNMENT TO DEVELOP OR REDEVELOP THEIR COM- MUNITIES TO PREVENT BLIGHT AND'DETERIORATION AND TO RE- NEW THEIR COMMUNITIES AND NEIGHBORHOODS WHICH HAVE AL- READY EXPERIENCED BLIGHT AND DETERIORATION. WITHOUT SUCH AUTHORITY AT THE LOCAL LEVEL AND BEING AT THE MERCY OF FEDERAL OR STATE RENEWAL PROGRAMS, IT MAY BE IMPOSSIBLE TO PRESERVE A'STRONG TAX BASE, PROV.IDE'THE NECESSARY JOB OPPORTUNITIES AND MAINTAIN THE HIGH QUALITY OF LIFE EN- JOYED BY RESIDENTS OF THIS STATE AND METROPOLITAN AREA. WITH REGARD TO EXISTING OR FUTURE LEGISLATION, UNIFORM- ITY IN ADMINISTRATION OR PROCEDURES IS NOT THE PRIME GOAL, BUT RATHER THE NEED TO BE MET SHOULD BE CAREFULLY DEFINED AND THE PROCEDURE AND METHOD SHOULD LOGICALLY so FOLLOW. HOWEVER, WHILE UNIFORMITY IS NOT AN END IN IT- SELF, SOME UNIFORMITY WITH RESPECT TO PROCEDURES AND RE- QUIREMENTS FOR NOTIFICATION, PUBLIC HEARINGS AND APPEALS IS DESIRABLE. WE ALSO BELIEVE NO MORE SPECIAL LEGISLA- TION SHOULD BE ENACTED FOR SPECIFIC AREAS. WE FURTHER URGE THE LEGISLATURE TO EXCLUDE TAX INCREMENT FINANCING DEVELOPMENT DISTRICTS FROM THE PROVISIONS OF THE FISCAL DISPARITIES ACT. III -B. SHADE TREE DISEASE CONTROL PROGRAM The State of Minnesota has enacted legislation (Law of Minnesota, 1974, Chapter 355, Section 66) requiring each county and municipality in the seven county metro area to establish a mandatory shade tree disease control pro- gram, subject to regulations by the State Commission of Agriculture. The law does allow for several different methods for financing the costs of such a program and, in general, these costs are exlcuded from the levy lim- itation procedures. There was an immediate temporary financing problem for municipalities in that this pro - gram became mandatory in mid -year 1974, long after the municipal budgets were adopted and finalized in 1974. Partially as a result of this, some municipalities have been slow in implementing this program and because of the nature of the shade tree disease all municipalities must comply if the program is to be effective for the metro - politan area. The law also gives the Commission of Ag- riculture the authority to implement a program for a municipality if a municipality does not implement a pro- gram that meets the requirements set forth by the Com- missioner. The success of the shade tree disease control effort in the metropolitan area depends on an EFFECTIVE PROGRAM being IMPLEMENTED and ENFORCED in all areas with- in and adjacent to the seven county metropolitan area. WE WOULD URGE THE CONTINUING VIGOROUS ENFORCEMENT OF THE LAW BY THE COMMISSIONER OF AGRICULTURE AND THE CONSTANT MONITORING OF THE EFFECTIVENESS OF THE CONTROL PROGRAMS OF THE LOCAL UNITS OF GOVERNMENT. WE FURTHER URGE THAT THE COMMISSIONER OF AGRICULTURE, THROUGH ALL MEANS AVAIL- ABLE TO HIS OFFICE, DETERMINE THE ADVISABILITY AND FEAS- IBILITY OF EXTENDING THE MANDATORY PROVISIONS OF THE SHADE TREE DISEASE CONTROL PROGRAM TO THE LOCAL UNITS OF GOVERN- MENT ADJACENT.TO: THE ...:METROPOLITAN;:AREA:'..'WE FURTHER RECOM- MEND THAT''A GRANT.-PROGRAM''BE.ESTABLI.SHED BY THE LEGISLA- TURE;`.AND..ADMINISTERED THROUGH. THE:'DEPARTMENT;:OF.AGRICULTURE T0. PROVIDE'..'FUNDS�'ON A< MATCHING BASIS.::TO LOCAL UNITS OF GOVERNMENT.ITO ASSIST IN THE IMPLEMENTATION OF A TRULY EF- FECTIVE PROGRAM TO PREVENT THE SPREAD OF SHADE TREE DIS- EASE, TO AID IN THE REMOVAL OF DISEASED AND DEAD SHADE TREES, AND TO ASSIST THE LOCAL UNITS OF GOVERNMENT IN A REFORESTATION PROGRAM. Ere-2 POLICIES PERTAINING TO THE METROPOLITAN COUNCIL, METROPOLITAN GENCIES AND LAND USE CONTROL (Sections IV through VII) IV. METROPOLITAN COUNCIL GEOGRAPHIC JURISDICTION There is a noticeable increase in development activity in coun- ties adjacent to the metropolitan area. The Association dis- cussed the possible need to expand the geographical jurisdiction of the Metropolitan Council as a result. Instead of expansion, however, the Association recommends the following:. IV -A. MONITORING ADJACENT DEVELOPMENT There are significant indications that existing growth trends and,.more particularly, proposed metropolitan de- velopment policies will impact land in nearby counties. THEREFORE,, WE RECOMMEND DESIGNATING AN:AGENCY TO MONITOR URBAN DEVELOPMENT IN EACH OF THE COUNTIES SURROUNDING AND ADJACENT TO THE PRESENT JURISDICTIONAL AREA OF THE METROPOLITAN COUNCIL. As urban development accelerates in the adjacent counties, partly as a result of controls on urban development within the metropolitan area, ac- tion could then be taken at an early stage to correct any undesirable development patterns. IV -B. SOME CONTROLS NOW Careful monitoring of growth in counties outside the metropolitan area will likely reveal the beginning stages of growth problems currently existing within the metro- politan area. THEREFORE, THE LEGISLATURE MUST ACT NOW -TO ASSURE SOME INCREASED CONTROL MEASURES IN THESE ADJACENT COUNTIES, such as: 1. granting counties in the outlying adjacent area powers to control urban.development, and /or 2. granting adjacent regional planning commissions planning and coordinating powers parallel to those of the Metropolitan Council, and /or 3. require that sub - division plats, that is the di- vision of land into parcels of less than 5 acres in order to be approved by a municipality, must have the availability of major public services such as a public waste water collection and'dis- posal system and a potable water supply and dis- tribution system. -10- IV -C. COST OF PUBLIC SERVICES Growing urbanization outside the seven county Metropol- itan area will require, as indicated above, the develop- ment and /or expansion of public services,such as water and waste water systems. 0-1. DIRECT COSTS THE COST OF SUCH DEVELOPMENT AND /OR EXPANSION ALONG,WITH OPERATING EXPENSES SHOULD.BE BORNE BY THE BENEFITING AREAS. C -2. HIDDEN COSTS WE ALSO REQUEST THE LEGISLATURE TO PAY PARTI- CULAR NOTE TO THE HIDDEN COSTS WHICH MAY NOT BE PROPERTY DISTRIBUTED, SUCH AS NOTED IN THE OCTOBER 31ST DRAFT OF THE METROPOLITAN COUN- CIL'S DEVELOPMENT FRAMEWORK CHAPTER WHICH LISTS SUCH ITEMS AS HIGHER TAXES,,UTILITY FEES:AND TRANSPORTATION COSTS. This would not preclude joining new adjacent systems with existing Metropolitan systems, but simply means that any cost associated with such effort must be borne by the area benefited. V. SELECTION OF METROPOLITAN COUNCIL MEMBERS. Metropolitan government exists now in the Twin Cities metropol- itan area. The Metropolitan Council is the - policy decision mak- ing body for the Metropolitan Sewer Board, the Metropolitan Tran- sit Commission and the Metropolitan Airports Commission. In ad- dition, it has area -wide planning and coordinating powers over the local governments. The total budgets for the three Metropol- itan Commissions and the Metropolitan Council for 1975 will amount to $131,533,830. The question is, should policy control over expenditures of this magnitude be in the hands of an elected or an appointed group of persons. The Committee strongly believes it should be under a body elected by the people who can hold the members directly accountable for their actions. An elected councilman's orientation would tend to be more toward the people and their needs. Under the appointed system, the Council member is accountable to no one once he is appointed. On the other hand, the elected councilman would have had to cam- paign among the people in his district., which would not only cause him to become familiar with their problems, needs and as- pirations, but he would also have had to articulate them as well before he ever takes a seat on the Council. -11- As an elected official, he would have much more in common with the local government elected official who would have also cam- paigned and worked with the same constituency, If the council- man wishes to continue as an elected official in that office, or any other elected office, he must maintain his communication with the people and local officials in his district.- The Association believes that the Metropolitan Council is be- coming more widely known and accepted as a form of government, and one which should be elected in keeping with our state and national democratic traditions. A poll of the people under - taken'by the Minneapolis Tribune in August, 1974 shows that 68 percent of the people favor an elected Metropolitan Council, and that 80 percent believe it is a necessary government en- tity. This shows clearly that the people in the seven county metropolitan area strongly wish to participate in the selection of the persons who will make the decisions on the expenditure of the millions of dollars for metropolitan functions. The Association believes the people should be given that opportun- ity. V -A. ELECTION OF COUNCIL MEMBERS MEMBERS OF THE METROPOLITAN COUNCIL SHOULD BE ELECTED DIRECTLY BY THE PEOPLE FROM EQUALLY APPORTIONED DIS- TRICTS WHICH FOLLOW MUNICIPAL BOUNDARY LINES. MEMBERS SHOULD SERVE FOUR YEAR OVERLAPPING TERMS. THE CHAIRMAN WOULD BE APPOINTED BY THE GOVERNOR. V -B. FILLING COUNCIL VACANCIES. WHENEVER A COUNCIL REPRESENTATIVE VACANCY OCCURS DUE TO RESIGNATION OR OTHER UNTIMELY CAUSE, THE COUNCILS OF THE MUNICIPALITIES WITHIN THE DISTRICT FOR WHICH THERE IS NO MEMBER SHALL ELECT A PERSON TO SERVE OUT THE UNEXPIRED TERM. THE'VOTE OF EACH COUNCIL WILL BE WEIGHTED ACCORDING TO THE POPULATION OF THE RESPECTIVE MUNICIPALITY CONTAINED WITHIN THE DISTRICT AS DETER- MINED IN THE LAST DECENNIAL CENSUS. IF THE UNEXPIRED TERM IS MORE THAN TWO AND ONE HALF YEARS LONG, THEN THE PEOPLE SHALL ELECT A REPRESENTATIVE TO FILL THE UNEXPIRED TERM AT THE NEXT GENERAL ELECTION, OTHERWISE THE PRECEDING PROVISION SHALL'APPLY, VI. THE PLANNING PROCESS The planning process which must.be understood in order to prop- erly assign roles to each level of government, including the', individual property owner or occupant, is a complex conglom- erate of authority. BIPZ The authority of each unit is not always clearly demarcated and may differ for the various elements of a'plan. In addi- tion, each unit acts sometimes directly and sometimes in- directly with each other's unit, although the more removed from one another the more difficult it is to understand one another's problems or the impact of one another's decisions. Given these facts, there is the problem of how to strike the proper balance between area planning and local planning. The best possible approach to achieving the balance is accom- plished by: a. Development of a comprehensive metropolitan - wide plan for the physical public service sys- tems which.determine orderly growth. Such sys- tems as: 1. Highways 4. Waste water disposal 2. Transit 5. Storm sewer disposal 3. Water supplies 6. Energy supplies 7. Recreation open space The plan for such systems must be sufficiently specific in terms of location, capacity and tim- ing to provide a framework for local comprehen- sive planning and to recognize potential devia- tions from the plan. b. Development of local comprehensive plans for each locale in the seven county area and adoption of a standard definition of what a local comprehen- sive plan is. C. A definition of metropolitan significance phrased in terms of deviation from the--adopted metropol- itan and /or deviations from local comprehensive plans which adversely affect the metropolitan physical,systems. d. Assistance to local government in the develop- ment of local comprehensive plans. The purpose of this service shall be clearly understood to be supplemental manpower, talent and other re- sources to aid the local planning process. The danger of this service being used to further contested metropolitan goals or plans should be avoided. -13 VII. VI -lo WE THEREFORE, URGE THE METROPOLITAN COUNCIL-;TO ADOPT AND THE LEGISLATURE TO APPROVE A DEFINITION OF METRO - POLITAN SIGNIFICANCE BASED ON DEVIATIONS FROM PLANNED METROPOLITAN PHYSICAL PUBLIC SERVICE SYSTEMS AND /OR DEVIATIONS FROM LOCAL COMPREHENSIVE PLANS WHICH ADVERSE - LY AFFECT THE METROPOLITAN PHYSICAL PUBLIC SERVICE SYS- TEMS. VI -2. FURTHER, WE URGE THE LEGISLATURE TO REQUIRE COMPLETION OF LOCAL COMPREHENSIVE PLANS AND TO PROVIDE FOR THE NECESSARY RESOURCES TO ACCOMPLISH SUCH LOCAL PLANS., VI -3. FURTHER, WE URGE THE LEGISLATURE TO LIMIT ANY NEW AP- PROVAL AUTHORITY OVER LOCAL COMPREHENSIVE PLANS TO THOSE ASPECTS OF SAID PLANS THAT IMPACT THE METROPOLITAN PHYSICAL SERVICE SYSTEMS. GRANT REVIEW PROCESS One of the most important powers of the Metropolitan Council is that of grant application review and comment. While that power is obtained primarily from the Federal Government through the A -95 procedure, the Legislature should assure to the best of its ability and authority that applications from _,local government have the fullest possible discussion. Toward that end the following recommendations are offered: VII -A EARLY REVIEW OF APPLICATIONS The earliest possible review of applications should be made and results communicated to the applicant in order to provide time for dialog on the application before submission deadlines. This is a goal that must be ac- chieved primarily through the good management of schedules and workload, both on the part of the applicant and the Council. A -lo THEREFORE, TO EMPHASIZE THIS NEED'AND•TO COMMUN- ICATE RESULTS WE RECOMMEND PERIODIC REPORTS LIST- ING THE STATUS OF IN- PROCESS APPLICATIONS SHOWING DATES OF SIGNIFICANT STEPS IN THE PROCESS. This could be achieved by simply adding dated in- formation to reports now generated and would not entail new reports. A -2. AT EACH STEP OF THE REVIEW PROCESS A WRITTEN STATEMENT SHOULD BE MADE JUSTIFYING THE ACTION RECOMMENDED OR TAKEN BY THE COUNCIL DURING THE REVIEW PROCESS. -14 VII -B REVIEW APPLICATIONS ON OWN MERITS There is an unquestioned relationship between certain aspects of development; for example, the extension of utilities, the location of new highways and the avail- ability of transit have an obvious effect on new popu- lation centers. In some cases there may be no relation - ship,or dependency. It is a proper and necessary func tion of the Metropolitan Council to analyze and comment upon the relationship of a particular grant application to other areas of development. The Association believes: 1. The Council should not use its review authority over applications for Federal Grants to influ- ence the actions of municipalities in subject areas not directly and substantially related to the application. 2. If the applicant questions the Council's conclu sion of relationship between a grant application and other areas of development, the responsibil- ity lies with the Council to demonstrate that there is a direct and substantial relationship, 3.. In the absence of such a relationship between the grant application and other areas of development, the status of such other development should not be,considered in.determining the advisability.of the grant. THEREFORE, WE RECOMMEND THAT THE LEGISLATURE REQUIRE THAT THE METROPOLITAN COUNCIL REVIEW APPLICATIONS PRI- MARILY ON THEIR OWN MERITS -AND THE COUNCIL BE REQUIRED TO DOCUMENT ITS REASONS FOR CONSIDERING OTHER FACTORS NOT DIRECTLY RELATED TO THE SUBJECT MATTER OF THE APPLI- CATION. VI.I -C POSSIBLE CONFLICT IN PRIORITY OF APPLICATIONS In some cases the Council is an applicant competing with local applicants for available funds. For example, hous- ing applications from both local government and the Metro- politan HRA may be in process of review At the same time.. The potential for conflict is obvious, although the direction of.possible bias is not. The Council might in- deed be too hard on its own proposal in an effort to be fair to local communities. THE POTENTIAL CONFLICT SHOULD BE CONSIDERED ADDED REASON FOR ADOPTION OF THE RECOMMENDATIONS ON GRANT REVIEW PRO- CEDURES. -15- VII -D APPEAL OF RECOMMENDATIONS The opportunity to review and contest Council comments on applications needs to be improved. Such opportunity is primarily a matter of communicating staff, committee and full Council action in sufficient time for clarification, expansion, rebuttal or whatever discussion leads to the most complete airing of issues prior to the Council's final action. D -1: THEREFORE, WE RECOMMEND THE LEGISLATURE REQUIRE THE COUNCIL TO PROMULGATE NECESSARY PROCEDURES TO COMMUNICATE STAFF AND COMMITTEE FINDINGS IN A MANNER SUFFICIENTLY TIMELY TO ALLOW MEANINGFUL APPEAL ARGUMENTS TO THE FULL COUNCIL. D -2: FURTHERMORE, THE LEGISLATURE SHOULD REQUIRE AUTO- MATIC COUNCIL RECONSIDERATION UPON THE FILING OF A RECONSIDERATION REQUEST WHICH SPECIFIES ARGU- MENTS FOR RECONSIDERATION. The effect of automatic reconsideration is of assuring discussion on an appeal. After applicant's arguments for reconsideration, could, of course, vote simply to uphold its cision. -16- merely a means hearing the the Council previous de- A'7 r City of � dlna 4801 WEST FIFTIETH STREET - GOINA. MINNESOTA 57424 927 -8861 RESOLUTION SUPPORT OF POLICE SELECTION STANDARDS STUDY OF THE METROPOLITAN AREA MANAGEMENT ASSOCIATION WHEREAS, the Metropolitan Area Management Association is an organization of individuals holding positions of executive administrative authority in the public sector who are dedicated to maintaining high ethical standards of professional conduct and to the delivery of effective and efficient govern- mental services, and WHEREAS, the Metropolitan Area Management Association, as an organization structure, is reflective of the quality of its dedicated Board of Directors and officers, and WHEREAS, the Metropolitan Area Management Association has determined that there is a need for improved police recruitment and selection procedures within the suburban metropolitan area, and WHEREAS, this need for improved police recruitment and selection procedures must be formalized in an extensive research study involving various municipal- ities to validate the selection standards and to implement the research study, and WHEREAS, the Metropolitan Area Management Association realizes that one municipality cannot effectively be expected to provide sponsorship for the necessary research grant nor the customary cash match, and WHEREAS, the Metropolitan Council, being a governmental agency representing all communities within the metropolitan area, has been asked by MAMA to act only as the sponsoring agency of the grant; NOW, THEREFORE, BE IT RESOLVED, that the City of Edina does hereby endorse and support the Police Selection Standards Project of the Metropolitan Area Management Association; and does further endorse the Metropolitan Council's sponsorship of a federal grant application on behalf of the MAMA to implement the necessary study and research to accomplish the objectives of this project. ADOPTED this 3rd day of February, 1975. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina,, do hereby certify that the attached and foregoing resolution`wa!"duly adopted by the Edina City Council at its regular meeting of February 3,, 1975, and as recorded in the minutes of said regular meeting. .• • WITNESS my nand and seal of said City this 3rd day of February,.',1975. City Clerk Date: To: From: January 24, 1975 Members Metropolitan Area Manaaement Association Jack Irving, President Subject: Police Standards Selection Project At our January meeting held at the Sheraton Inn on January 16, we voted unanimously to sponsor an area wide research effort to attempt to develop some uniform police selection standards for our metropolitan area that will meet the requirements of the Federal Equal Employment Opportunity Act. This research effort is basically a continuation of the work that went into the de- velopment.of_ the new police selection written examination that has recently been developed by the Minnesota Department of Per- sonnel Services. Our study will continue with the selection process from this point through the specific areas of physical requirements, medical requirements, educational requirements, and psychological requirements. As we discussed at our meeting of the 24th, we will work with the Metropolitan Council on this particular project since they have an area wide concern in this matter and the staff capabil- ities for grant administration. The grant project itself will be directed and controlled by Task Force, or a users board if you will, made up of members of the Metropolitan Area Manage- ment Association with some input:from. our Police Chiefs Advi- sory Board. Enclosed, for your information, is a copy of a letter I am send- ing to John Boland to initiate the grant application process. I am also enclosing a draft resolution of endorsement for this project. I would appreciate your taking the necessary action of having your respective City Councils adopt this resolution. These resolutions from the independent communities within the metropolitan area should be very helpful in obtaining the sup- port of the Crime Commission for the funding of this project. I would appreciate a copy of you "r resolution by- February 20th. Our plan is to seek a $75,000 grant for the first.year of this project. As you are perhaps aware, we will be required to col- lectively provide a five percent (5b) cash match towards this grant, with the State of Minnesota providing the balance of the required ten percent (100) total cash match.. Breaking this IN P -_ �� J Members Metropolitan Area Management Association. -2- January 24, 1975_ down by communities it should require no more than $200 to $400, from each of us to meet our share.in this project. I "think this project will be a significant step toward collec- tively. solving a problem facing all of our communities. It is clearly a positive action for the Metropolitan Area Manage- ment Association to take in a problem solving area. I will look forward to your help in implementing this project. i city r aU r` J 41 z ADMINISTRATIVE OFFICE Mr. John Boland, Chairman Metropolitan Council 300 Metro Square Building St. Paul, Minnesota 55101 Dear Mr. Boland: Phone: 537-8421 Pr' IDOUGLIAS DRIVE NORTH -AL, MIrINE-SOTA 55422 January 24, 1975 I understand that last Wednesday, January 15, you met with Mr. Thomas Morgan and Mr. James Hill who are members of the Police Chiefs Advisory Board to the Metropolitan Area Management As- sociation. I understand that Mr. Cy Smythe, the Association's labor relations consultant, was also in attendance at this meet- ing as well as a staff member from the Governor',; Crime Commis- sion. The Metropolitan Area Management Association is concerned about the very critical need for establishing police selection stan- dards that are compatible with Federal equal opportunity require- ments. As you are undoubtedly aware at least two of our mem- ber communities are presently engaged in litigation over the issue of police standards. Where litigation has become involved, communities are frequently faced with a moritorium on filling police officer vacancies. The critical impact that this might have on smaller suburban communities is obvious. The Metropolitan Area Management Association represents the city managers, and their communities, in the seven county metro- politan area. We are collectively concerned about addressing this major problem and attempting to resolve it on a joint basis. We have met with members of your Criminal Justice staff as well as members of the Crime Commission staff itself. [ghat is cur- rently needed to resolve this problem is a major research ef- fort to establish a reasonable police selection standard in the areas of education, physical requirements, medical require- ments, and psychological requirements. It will also he neces- sary that the results of this research effort be directly ap- plicable to the police systems we operate in the immediate Twin Cities Metropolitan are-_a. In reviewing the problem, and par- ticularly its need to apply to a number of policing agencies, + f Mr. John Boland -2- January 24', 1975 we feel that the research effort should be limited to police agencies with significantly similar characteristics. We there- fore have identified only the suburban metropolitan area police agencies, excluding the central cities of Minneapolis and St. Paul -as well as the. various county sheriff operations. We propose to conduct this Police. Selection Standards Study with the financing of a Federal Law Enforcement Assistance Admin- istration grant. Since this is a joint metropolitan.wide pro- ject, we think the administration of this grant should he. cen- tralized in an agency having metropolitan area concern. We therefore would respectively request that the Metropolitan Coun- cil, on behalf of the Metropolitan Area Management Association, become the grantee for this project. The project itself would be directed by special Task Force- appointed by the Metropolitan Area management Association and would work cooperatively with your staff to implement this project. At the January meeting of the Metropolitan Area Management As- sociation held on January 16th, the Association unanimously passed a resolution approving participation in the project with the Metropolitan Council as the grantee. This vote was cast by 40 city managers all representing_ communities within the Metropolitan area. 'Vie will greatly appreciate your assistance in dealing with this major area wide problem. We will look forward to working with.you on this °venture. JTI /da Yours very truly, John.T. Irving City Manager President,: MANNA Alin, C PM T RESOLUTION FOR SUPPORT OF POLICE SELECTION STANDARDS STUDY Of the Metropolitan Area Management Association WHEREAS, the Metropolitan Area Management Association is an organization of ind.i.uidual.s holding positions of executive administrative authority in the public sector who are dedicated to maintaining high ethical standards of professional conduct and to the delivery of effective and efficient governmental services, and WHEREAS, the Metropolitan Area Management Association, as an organization structure, is reflective of the quality of its dedicated Board of Directors and officers, and WHEREAS, the Metropolitan Area Management Association has determined that there is a need for improved police recruitment and selection procedures within the •suburban metropolitan area, and WHEREAS, this need for improved police recruitment and selection procedures must be .formalized in an extensive research study involving various municipalities to validate the selection standards and to implement the - research study and WHEREAS, the Metropolitan Area Management Association realizes that one municipality cannot effectively be expected to provide sponsorship for the neces- sary research grant nor the customary cash match, and WHEREAS, the Metropolitan Council, being a governmental agency representing all communities within the metropolitan area, has been asked by .MAMA to act only as the sponsoring agency of the grant; NOW, THEREFORE, BE IT RESOLVED, that the.City of does hereby endorse and support the Police Selection Standards Project--oft-he Metropolitan Area Management Association; and does further endorse the Metropolitan Council's sponsorship of a federal grant application on behalf of the MAMA to implement the necessary study and research to accomplish the objectives of this project. -3 -� assed by the City Council of" the City of this day.of 1975. S S Attest: 2523 (6 -74) R E S O L U T I O N S.P. 2734 -25 (100 =5) Fed.Proj. M 5402 (1) At a (regular)(special) meeting of the City Council of the City of Edina duly held on the AS day of 19 75 the following Resolution was offered by ;. . , seconded by�ti ; to wit: WHEREAS, the Commissioner of Highways for the State of Minnesota has caused to be prepared: plans, special provisions and specifications for the improvement of Trunk Highway No. 5 , renumbered as Trunk Highway No.100 within the corporate limits of the City of Edina from It= Eden Avenue to North Corp. Limits to and, WHEREAS, said plans are on file in the Office of the Department of Highways, St. Paul, Minne- sota; being marked, labeled and identified as: S.P. 2734 -25 (100 =5) ; and, WHEREAS, said special provisions are on file in the Office of the Department of Highways, St.. Paul, Minnesota; being marked, labeled and identified as: S.P. 2734 -25 (100 =5) - - - and which, together with, the Minnesota Department of Highways Standard Specifications for Highway Construction, dated January 1, 1972, as amended by Minnesota Department of Highways Supple- mental Specifications for Highway Construction, dated January 1, 1974, will govern, and which are on file in the office of the Commissioner of Highways, constitute the specifications for said improvement of Trunk Highway No. _5 . renumbered as Trunk Highway No. 100 ; and, WHEREAS, copies of said plans and special provisions as so marked, labeled and identified are also on file in the Office of the City Clerk; and, WHEREAS, the term, said plans and special provisions, as hereinafter used in the body of this Resolution will be deemed and intended to mean, refer to and incorporate the plans and special provisions in the foregoing recitals particularly identified and described; and, WHEREAS, the Commissioner of Highways desires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Edina on said Trunk Highway No. 5 100 renumbered as Trunk Highway No. will be parallel with the curb adjacent to the highway and will be at least 20 feet from any crosswalk. Page 1 of 2 Pages. MHD 2520 (Rev. 10 -73) R E C E I P T I have received from W. M. Crawford District Engineer, Minnesota Highway Department, and have filed.the following described documents: Construction plans, special provisions and resolution forms for S.P. 2734 -25 (100 =5) Roadside Development Plans City Clerk Edina Date / /' g2 7 5 , o for AM 2523 (6 -74) NOW, THEN, BE IT RESOLVED that said plans and special provisions.for the improvement of Trunk Highway No.' 5 , renumbered as Trunk Highway No. 100 , within the corporate limits of the City of Edina , be and hereby are approved. BE IT FURTHER RESOLVED that the City of Edina does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 5 , renumbered Trunk Highway No.' 100 , will be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of Trunk Highway No. 5 , renumbered Trunk Highway No. 100 , in accordance with said plans and special provisions. Upon the call of the roll,, the following voted in favor of the. Resolution: and, the following voted against the adoption of the Resolution: whereupon the mayor and /or the presiding officer decl d the sol on do ted.,, Dated: -" Cam- 3 19 75!� vor st C ty Clerk STATE OF MINNESOTA ) COUNTY OF Hennepin ) ss. CITY OF Edina ) I do hereby certify that at a (regular) (special) meeting (of which due and legal notice was given) of the City Council of the City of Edina , Minnesota, on the 3.x0 day of — 19 75 at which a majority of the members of said Council were present, the foregoing Resolution was adopted. Given under my hand and seal this t�J' day of 19 75 Cit Clerk Page 2 of 2 Pages. RALPH H. LIEBER SUPERINTENDENT January 13, 1975 Mr. Warren Hyde City. Manager 4801 West 50th Street Edina, Minnesota 55424 Dear Warren: EDINA PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT 273 SUITE 340 4660 WEST 77 STREET EDINA, MINNESOTA'55435 612 - 831 -B900 Enclosed is a draft of a resolution that we could present. Please feel free to do all the rewriting you would like.. I am afraid that I wasn't too creative. A few suggestions emanating from our meeting Friday are as follows: 1. Police school liaison program. Wayne Bennett will investigate further to determine dollars available and procedures necessary to secure LEA money. 2. Legislative efforts. I.wi.11 check with John Hoyt regarding data to support dollars leaving our community and going elsewhere in the state. Both of us will exchange legislative efforts or pending legislation we feel could be mutually endorsed and worked for. 3. Add the following to our deliberations: A) Use of part -time bus crew for city work, B) Vehicle maintenance -- determining cost, use of facilities, fleet mechanic review of equipment available, i.e., are we double purchasing where unnecessary? 4. Joint program development. - 'Community education -- potential cost savings should be explored, headed by_the Park and Recreation Depart- ment. Need to check whether money from the state still. available under this arrangement. 5. Coordination of community health services. Marcia Mohr to check senior citizens' needs. Perhaps one school could be identified, close to Southdale, as a mini- clinic providing services and allowing mutual sharing of costs. Lastly, we felt the following items should be eliminated from considera- tion: A) Cooperative census-and community survey work, and B) Sharing of legal services. Procedures for undertaking investigation are: 1. Each of us will.identify a.person on our staff who will work together in gathering data and presenting a brief but detailed report of how the various areas may or may not become more cost effective or provide better r Mr. Warren Hyde 2 January 13, 1975 service through greater cooperation. 2. A meeting will be held, with the parties working on this project, to explain ground rules, intent and purpose of exploration, and type of report to be presented to you and I with a deadline date. 3. Upon review and analysis, we will determine whether areas should be carried to our respective Boards, additional data gathered or issues dropped. It was a good meeting, Warren. 'banks for the time. c rely, P . Lieber Supe tendent of Schools RHL:sl Enclosure FOR ACTION INDEPENDENT SCHOOL DISTRICT 273 SUBJECT: JOINT CO,,MISSION OF CITY AND SCHOOLS Be it Resolved, That T'ne Board of Education of Edina Public School District 273, and The City Council of the City of Edina, Minnesota develop a joint commission composed of,City Manager.Warren Hyde and Superintendent Ralph Lieber to analyze areas of cooperation and present joint recommendations and specific actions to the two public bodies. BACKGROUND INFORuATION Opportunities for cooperation always exist between Edina City Council and the public schools as is evident by our joint undertakings. 1. Police - school liaison program. 2. Human Relatior_s Commission. 3. Park grounds-- school facilities, used mutually. 4. Areas of cooperative purchasing, i.e. gas, oil, etc. 5. Availability of school busses for summer swimming program. 6. Elections, use of voting machines, use, of facilities and storage. 7. Outdoor Space Study Counittee, Transportation Study Committee. (Others, in past years.) 8. General areas of communication.f or joint problem resolutions, i.e. sidewalk development. 9. Utilization of students on work -study cooperative programs for a variety of city activities. Areas that could be.explored in more depth that may result in improvement of services at no greater cost, or a cost savings, maintaining the;same level of services are: 1. Legislation. A. Mutual assistance. B. Joint data collection. C. Joint lobbying efforts. 2. One Agency for Total Field Maintenance. A. Hiring of personnel (jointly paid). B. Joint purchase of. fertilizer. C. Lawn cutting and snow plowing.. D. Lighting of tennis courts E. Comprehensive use of field survey and implementation. 3. Building a Park Addition to the School. for Gymnastics and Other Indoor Sport Purposes. 4. Community Use of School Buses on Saturday and Sunday for Community Purposes.. S_. Open School Libraries on Saturday and Sunday for Community Purposes: 6. Mutual Use of Personnel. A. Public Information. B. Athletic Director. C. Maintenance. 7. Joint Program Development. A. Community education (administered by Park and Recreation Department or school district). Could combine school's adult education program, vocational education program, driver education program, and intra- mural program with park and recreation activities. Included under this could also be the police liaison program, the athletic director, public information, and park and recreation personnel. B. Coordination of community health services and nursing services under the auspices of the city. C. Growth of police liaison program. "D. Cooperative efforts to develop Bredeson Park and the schools` Nine Mile Creek area. Utilization of other members, both the city and school staff, will be essential i*.t gathering specific data on these and many other issues. 10 BOARD OF EDUCATION Or'. John tom. Hoyt, Jr., Chairman Otto \/. Llyhre, Jr., Vice-Chairman Jack Brovvn, Clerk . Or. Lester A. Wanninger, Jr., Treasurer Fred D. Winter, Assistant Treasurer George C. Hite, Assistant Clerk Birdie T. Bagley, Assistant Clerk File Deference: 2111.1 L DINA F'a._.. B Imo, SCI -1001 INDEPENDENT SCHOOL DISTRICT- 27-3 SUITE 310 4000 WEST 77 STREET EDINA, MINNESOTA E- :iE435 C312-E-331-B900 January 23, 1975 TO: Ralph Leiber FROM; John Hoyt SUBJECT: Joint School District City Cooperation Coimnittee At our meeting with Mayor VanVal.kenburg and Manager Hyde December_ 6, 1.974 it was my understanding that Jim VanVal.kenbu-rg and I requested that you a-1-1.d Warren Hyde work together to draft a joint resolution. that could be acted upon by both the School Board and City Council. That resolution t;ould direct you and Mr. Hyde, as the principal administrative officers of the respect:a.,r= orgartiz ations, to form a standing committee of two wlluse Charge ',tiC;ulC; be, to i.denti;'v, research, and make recommendations to the Board and Council in areas where joint cooperation would result in either a savi.ngs of monetary resources ou, in better service to our mutual coasti.tuencies. As I recall, the joint resolution was to be general in nature in order to provide, you and Mr. Hyde with the necessary authority and flexibility to pursue this matter; but without tying you down to specific activities. It was my further understanding that the resolution would be accorrrpanied with background information which would serve to identify a rei.at vely large number of tentative areas of interest for further pursuit by the committee and such sub coiranit tees and advisory groups as you saTc _-.t. to establish. The agenda that you di_stri.buted at our lunch on mee. .n.;; was suggested as a possibility for inclusion as background material, We had asked that the joint resolution would be available for action at January meetings of the Council and Board; that now seems unlikely, 'Vhit are our prospects for such a resolution at the February business meeting of the Board on the 10th and ti:e Council meeting which, L believe, w411 be 11 l on the 3rd? JSH /kp cc: Mayor James VanValkenburg Edina City Manager Warren Hyde January 27, 1975 MEMORANDUM i TO:. Wayne W. Bennett, Director of Public Safety SUBJECT: Replacement of Fire Department Base Radio and Master Control FROM: James McNellis, Fire Chief As I have explained to you we are having frequent problems with our base radio and master control unit. When we putout a general alarm to recall firefighters, a malfunction occurs and the firefighters do not receive the call on their plectron receivers, resulting in no. response to the fire or, station. A malfunction occurred the morning of January 23, 1975, when we had a serious.fire at Lincoln Hills Properties, 5166 Lincoln Drive. During 1973/74, Mutual Aid calls to Richfield, we had a malfunction on the radio the following dates: 1 -8 -73, 1- 21 -73, 4- 17 -73, 1- 30 -74, 8- 22 -74. Firefighters did not receive the notification of call back and I do not have the number of times this malfunction occurred on our own general alarm call backs. During the last five years we have..been replacing our mobile and portable radios. When we receive the five mobile radios next month from the Street Department we will be in excellent shape. About five years ago Mr. Hyde had John Dubois look at our radio system and at this time Mr. Dubois of Hennepin County Radio recommended we start updating our present system. He is acquainted with our present set up and could offer some worthwhile advice.,.-You may call Mr. Dubois for varification. Also Ralph Mullen, General Communications, can be contacted. See attached letter and quote for a new base and master control unit. I did have the base and the control unit in my 1975 budget request but the other day Jerry Dalen informed me that it had been cut from the budget. He did not give me a chance to explain the urgent need for this equipment before he cut this out of the budget. I had asked him to contact John Dubois for confirmation of my request. Mr. Bennett, I have never padded my budget or requested an item that was not necessary for the efficient operation of our fire service. I most urgently recommend that the above mentioned item be pur.chased.. This can be taken out of 24.200 -5 which is set aside for equipment replacement. JMcN /dd A .f Area (612) 935 -0191 GENERAL COMMUNICATIONS, INC. 7450 OXFORD STREET e MINNEAPOLIS, MINNESOTA 55426 January 279 1975 Chief McNellis Fire Chief of Edina City of Edina Edina, Minnesota 55424 Dear Jim: Here is a re -cap of the service calls we have had on your old Progress Line Base Station within the last six months: 1/23/75 Mike cord on RC -4 Remote shorted 1/7/75 Interference 12/9/74 Noise on receiver 12 /4 /74 Mutual aid relay bad 12/2/74 Channel 1 relay bad 11/9/74 Transmitter problem 11/13/74 Replace lamps, relays, and capacitors Tune up and made FCC check 9/14/74 Replaced tuning capacitor, PA cathode resistor, final output tubes To the best of my knowledge your base is the same one you started with back in the late 1950's. General Electric stopped production on that base about 1964. There has been a tremendous advance in the state of the art since then. The.hundreds of wires in older radios deteriorate and the insulation crumbles with a slight touch. We have over the years replaced entire chassis in your base with chassis of better condition. The open relays are a constant problem and cause many intermittent problems. MANU►ACTUR[R'[ REPR[[ENTATIV[ AUTHORIZED SERVICE STATION i Aief McNellis amity of Edina January 27, 1975 Page 2 In Public Safety, where minutes can mean a great deal in saving of lives and proberty, it is imperative to have the heart of your communication system (your Base Station) a reliable unit. It can only be said that the unit you have now operating is obsolete. All in all it is our recommendation to purchase a new highly reliable solid state base station and new solid state remote control unit. The following is a quote for a new General Electric MASTR II Solid State Base Station and a new General Electric MASTR Con- troller Remote Unit. ITEM QUANTITY DESCRIPTION. PRICE A 1 D156R CS66, General Electric ` MASTR II Base-Station., 2 frequency DC Remote $19630.00 B 1 General Electric MASTR Controller Remote Control with Line Compen- sation kit 360.00 Total $19990.00 Less Trade In - 200.00 Total $19790.00 I have quoted DC Remote Control Mode because of the present remote now in use at the police dispatch and the savings in cost over the Tone Remote Mode. RM /lv . �= � - - MEMORANDUM 30 January 1975 TO,: Warren. C. Hyde FROM: Tom Melena SUBJECT: PURCHASE OF SUPERIOR DORMANT OIL On November 26, 1974, Hennepin County...purchasing,bid,s were opened-for Dormant Superior Oil; low bid was Barzen of Minneapolis at $4.30 /gal., or a total cost of $4,730 to the City.. This price seemed totally unacceptable, so bid award was held until more research could be completed. With some gentle pressure, a new price of $1.94/gal., or total cost of $2,134 has been negotiated with Barzen of Minneapolis. I then authorized bid award- through the Hennepin County, purchasing_,. unit, and have further backed this up with quotations from other firms. Therefore, I would recommend Council action to purchase this 1,100 gallons of Dormant Spray Oil at a cost of .$2,134. Administrative Assistant hd 4601 WEST FIFTIETH STREET - EDINA, MINNESOTA 55424 927 -8861 RESOLUTION AUTHORIZING THE• DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF MINNESOTA WHEREAS, the State has entered into a contract (DOT -HS- 048 -1 -064) with the National Highway Traffic Safety Administration of the U. S. Department of Transportation, to conduct an Alcohol Safety Action Program in Hennepin County; and WHEREAS, the conduct of the project requires increased police patrol activity for the purpose, of detection and arrest of those in violation of Minnesota Statute 169.121, pertaining to driving while under the influence of an alcoholic beverage, as well as'standardized record- keeping concerning such activity; and . WHEREAS, the City of Edina has been requested to participate in the program; NOW, THEREFORE, BE IT RESOLVED by the City Council of Edina, Minnesota, that the Director of isblic Safety be authorized to enter into an agreement with the Department of Public Safety of the State of Minnesota to conduct an Alcohol Safety Action Program in the City of Edina. ADOPTED this 3rd day of February, 1975. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing.resolution was duly adopted by the Edina City Council at its regular meeting of February 3, 1975, and as recorded in the minutes of said regular meeting. WITNESS my hand and seal of said City this 3rd day of February, 1975.. City Clerk M E M O R A N D U M January 31 , 1975 MEMO TO: City Counc i I Warren C. Hyde, City Manager FROM:' Ken Rosland, Director Park and Recreation Department The 1975 budget request reflected the purchase of an aerial tower and a trailer mounted brush chipper for tree trimming and also that this equipment could possibly be purchased from Federal Revenue Sharing Funds. Approved in the 1975 budget request was the item of additional manpower for tree trimming starting in July. I would like permission at this time to go ahead to bid and purchase the above mentioned equipment. The cost as reflected previously is in the neighborhood of $35,000.00. The Park Board at their January meeting recommended that we take bids for the Edina Art Center. The Art Committee has met recently and we are finishing up the architec- tural requirements and equipment costs. I would like to request that we advertise and open bids sometime in March. Art Dickey, the architect for the project, feels that we should get an excellent bid because of the extreme amount of carpentry work in this building as at the present time that particular trade is at a very slow period. The exact way of financing has not been reached; however, when we have a bid and know the exact dollar figure we are talking about, possibly financing can be arranged. The swimming pool project must move ahead swiftly. We are P breaking j�he�' project into two separate bids. On February ;14-, 1975, we hope to open bids �and award at the rCouncil meeting of February 17 for all equipment since there will be a possible long wait. We will then do plans and specifications, advertise and open bids March 14 and hopefully award on i.larch 17 for a contractor. Ste. GENE SYLVESTRE, ASSOC IATES, PLYMOUTH BUILDING, MINNEAPOLIS, MINNESOTA 55402. (612) 336 -4679 January 28, 1975 Mr. Warren Hyde City Manager City of Edina 4801 West Fiftieth Street Edina, Minnesota Dear Warren: The following is a summary of our consultative activities during the January 1 -.28, 1975 period: TYPE OF HOURS CONSULTING WHAT WAS DONE SPENT DATES GEN1ERAL As requested by Mayor, assisted HRC Chairwoman and representative from Edina Civic Improvement Association in publicizing open hearing of City Council on possible revised liquor ordinance. 6.5 1/2 -3 -13 Assisted HRC members in preparing short summary of ordinance for distribution at hearing. Attend- ed hearing. Heled gather information and prepare articles for forthcoming issue of HRC newsletter. 3.5 1/15 -27 Discussed with,HRC Chairwoman complaint received by HRC'from businessmen whose service station 3.0 1/16 -20 -21 will be affected by commercial redevelopment of 50th and France area. • Heled in gathering information on emergency food shelves in Hennepin County for presentation to HRC and, later, to Edina Ministerial Alliance. 3.5 1/16 Assisted HRC Education Conmdttee Chairwoman in .preparing presentation on community education forums on human relations subjects to Edina Ministerial Alliance. Attended meeting of 5.5 1116- 20 -21- Alliance. Also, discussed possibility of joint 22 camJrn pity education programs with representative from Fairview Southdale Hospital. Attended monthly. HRC meeting 2.5 7121 Prepared monthly status report.on consultative activities for City Manager and HRC Chairwoman, 0.5 1/28 TYPE OF HOURS SPENT CONSULTING WHAT WAS DONE DATES EMPLOYMENT Discussed with HRC Chairwoman possible development of Affirmative Action community education programs through HRC Employment 3.0. 1116 -20 Committee. Prepared presentation on concept for HRC monthly meeting. HOUSING Discussed with HRC Chairwoman and members complaint received by HRC from residents 0.5 1120 whose homes.will be affected by widening of County Road # 18. TOTAL HOURS 28.5 erely, ne Sylvestre GS:MS �c: Meredith Hart GENE SYLVESTRE ASSOCIATES, PLYMOUTH BUILDING, MINNEAPOLIS, MINNESOTA 55402 (612) 336 -4679 January 28, 1975 Mr. Warren Hyde City Manager City of Edina 4801 West Fiftieth Street Edina, Minnesota Dear Warren: The following is a summary of our consultative activities.during the January 1 -28, 1975 period: TYPE OF HOURS CONSULTING WHAT WAS DONE SENT DATES GENERAL As requested by Mayor, assisted HRC Chairwoman and representative from Edina Civic Improvement Association in publicizing open hearing of City Council on possible revised liquor ordinance. 6.5 1/2 -3 -13 Assisted HRC members in preparing short summary of.ordinance for distribution at hearing. Attend- ed hearing. Heled gather information and prepare articles - for forthcoming issue of HRC newsletter. 3.5 1/15 -27 Discussed with HRC 'Chairwoman complaint received by HRC from businessmen whose service station 3.0 1/16- 20 -21' will be affected by commercial redevelopment of 50th and France area. Heled in gathering information on emergency food shelves in Hennepin County for presentation to HRC:and, later, to Edina Ministerial Alliance. 3._5 1/16 Assisted HRC Education Committee Chairwoman in preparing presentation on community education forums on human relations subjects to Edina Ministerial Alliance. Attended meeting of 5.5 1/16-20-21 - Alliance. Also, discussed possibility of joint 22 conuminity`'education programs with representative from Fairview Southdale Hospital. Attended monthly HRC meeting 2.5 1121 Prepared monthly status report on consultative activities for City Manager and HRC Chairwoman. 0.5 1/28 TYPE OF HOURS SPENT CONSULTING WHAT WAS DONE DATES EMPLOYMENT Discussed with F1RC Chairwoman possible. development of Affirmative Action community education programs through HRC Employment 3.0 1116 -20 Committee. Prepared presentation on concept.for HRC monthly meeting. HOUSING Discussed with HRC Chairwoman and members complaint received by HRC from residents 0.5' 1/20 whose homes will be affected by widening of County Road # 18. erely, ne Sylvestre GS:MS is:. Meredith Hart TOTAL HOURS 28.5 VILLA IL C= � -�� `- ' �-- _ H E N N E P I t MINN PARK CHURCH_ V 1 L L A G _ F SCHOOL_ - ' '1;jt ',r yr,€iii _ PaRO H'AL SC - F : , � :_ �. ; SCF�L DIST E . i_.= ��. - - _�.�..x -r .e .�: t ?i -- ilf� �� D �• _ r _ - - ' I - / l C�`' �� i� _'j 1 , VILLAGE L!` `- C.D. S�-iELTE,z INT ERL ACMEN SF40PPING C= )[OUN TOY %•1 �- -.. �__ '^5s: [res _ .. - SCALE: ONE INCH Ea G a c I Ca i �'i��•C- ua I I � G� � • r 4 - _ \I �� _ .��_ -qqI t '^,(. � t t�c,�,e. _ _ _ - _ _ _ t - i ��; i/, xiaxlaxl TTT J ...E � i 1 COUNTRY CLUB , -. l �• �1; I 4 _ ~�:z�r±.' ==f .: / r i -"� •� /'� �` i_.Y•% `f .;. �.- I � ll , •.(..,�� I < I li i fl i � � J -,r(. { /: � ' '- r� � -��.,/ / • /l {� ��_ � � I rot s l 1 '•� I I. _ ' •.� _L�.1 i , � i1 III .t1 , _ i'�a,� �, , ^ � ., ^y ''r! ��r �.'aa �"rw .•c-� `.: i . %. ) �� ,:� �/� d4� � I' � ' 1 17 , . 1 , jY � �� :'! �.. �...i;��,' � i �1i.�1 `.` ,11f- " }1 1� �\ L .l °_. � _-� "�� � ' i `'�_j� �!"""` - �17'.il n�"" �i tt�'e iil � 1 W � I =� \ I.•T I � _ C. •pjl. l I �V _ � �� � \ -• ��' . Y7 - -E,r -- _ •, j � ,ill !:•3�'I�1� - -L I T. Ll 1r W- - 1% l 9.x,o j; I' �T'I � I �' _,i 1•� _ � '�'' r �_ ��-'��� —� _� t _ L 3 t - -- t�� i I rII �,•• -'-r t �� rrr-I- � , {r I� -I�i� :� r ,. ___. � - p - \, � ♦_• -�,�'{ - i` Y. - 1 ®� I. � .tom �� ' ?L I I � �- �-; - -_ / J /.\\ \, _ -�' t. - f' _ -.7 IIIt 'a' .c�: _ ( =T_. , \Jd.j� •r - - ~' z• " !� ` t?.., A• Ili i� t�l t'•,w / 1 ,, =`gyp % `�'•; '� ✓ '\ Q1. p /•1� • E_er `5[n001 � T �/ t /.J \ CJ .y —.��.. _. '. � P , � ' �, i' � . j -icy -f @ice ,••L j ?`-�r� a ((..o( .u•!� � 1(, t . �� y�Y ,l� ��) (� � A� ,I .� I _ - .I _.. -`� � Q� ��Vr.,. _L rilli r Ll fly f _ 1, �� ��_. ' _ 1 : u ... ti �ri -�•,�� r:._ -rte• G - - I � �� � � 1 -`i � /•• � _ � . '/ / � � I � � r� JJ y� - � 1 �' _i � / r � II ����,•I -�L ` -� -- c >~ �'"'� I tt` ` • t! 1 -- 1 -=4 -`'� y t `'�t .1�i' ' 1( v - - =V �i• �t ,�. I 1 J t..�sw: / 7r. --r -T; -- - - -- tl r I r, j u_..�0: - i�` PARK I• - ' a AND i / I fLNt ¢. /� '1 y- - I. ' . COURSES _ -- - -- --- - -- - _ - p� GOLF LOUR J_ ���.r•_•F 1 ✓., -,�_. l.l., ! , - � � a .. �- .� i•...." ^lets l•-.yC' . y \ " -\; `•?� - - ., - ' ^GOLF ou.•[ 'q. ..,•R --� I - - - -'�� 'tea-- ' � - _ '�� -�- ,- *�_ __, - .,• ' _ a - _ - _ _ - ' _ r, � , � L - -- �' � � �� '' -� 7T titi _ �- :�i'e.. Irl�u[�7:7:1�i1iPui TO: V�4ayor Van Valkenburg Tom Erickson Bob Dunn FROM: Greg Luce SUBJECT: Memorandum from Mayor Van Valkenburg dated January 16, 1975. Presently the official notice of a rezoning must be sent to property owners within 500 feet (by our ordinance, 350 feet by State statutes), and within 200 feet for subdivisions and variances. We have calculated that there about 100 homes in a typical 500 foot radius in a residential area. For a 1,000 foot radius., that number would be increased to approximately 400 homes. We have further calculated: postage ($.10), stationery ($.01), copy ($.035), time to research mailing lists at four minutes each address ($.332), time to type and send mailing lists ($.083). The total amount shown above is $.56, which is the cost per mailing address. Thus, the typical residential mailing now costs us $56. If this law were passed by the legislature, that cost would be $224. This cost would then have to be passed on, thus making a variance application cost about $300, a zoning about $500, and a subdivision about $250. I seek your reaction to these calculations and question whether we should oppose this legislation or raise our fees accordingly. GL:ln i 1/17/75 r r A. Hirirg of per•s::rni- -l- (, ointl:; paid) B. Joint rurc 2s9 _. ier-t.'l.iz_ -r C. fawn cuttirs and srr0' -i D. Lighting o_• ter:nis ccurts E. Corr;�renensiv use of field aulvey are, rlplei; ntai ion 3. Buildi:Z� a park add.tior: to th? school for &--7n. astice a— rd ot!le., in"oor Sport pirposes 4. COt;JI- iitY uoe of Ec}lal buses on Sattrcray and Sunday for .. cor muni ty pu.-T:0sec 5 Open school libraries on Saturday and Sunday for eorf.m.1 ity pt1: Yc ses y� v D� Y� Q � � 6. Mituai use of persenr el A. Pubttc rai=1`_ors Everson — B. Athletic director e� a . Undoubtedly there are others that can be added to the list for future conside OIL: sl 12/6/74 4 I rllo)� v � C T'Y- SC}i00L DDOF i..: [OP1 . 7. Joint program development A. Ccrmnutity education (Administered by Park and Recreation W�eting: )ecember 6, 1974 %epartiwnt or school district) Could combine school's . -adult ed proo•aln, vocational ed program, driver ed program and intramural program with park and recreation activities. I. Areas of Cooperation Uncluded under this could also be the police liaison pro- gram, the athletic director, public relations person, and 1 Pulice- scYrcl .'.i ;:ison p•0ri'2m park and recreation people. 2. 3. Tiunan Ri;}res Cot:.ci1 Rark }= ,ounds — s; ,,;o i fac_lities, us:?! , mstuill B. Coordination of colarunity health services and nursing services 4. 5. Seir_e are.:.s of cooper:tr .i rc purc'ssirr- i..e . i sad, ol, etc Ava libility of s-ohoo -! ',,usse, f6r su: nor sra.^r ,J ro under the auspices of the city n. -nr P f'" E7.r: `i •ra, �f v:;ting nuc'rincs, facilities C. Growth of '�licc liaison p.c;;xam �1 _ use of and storage 7. Cutd_'cr Space Study Corz;il_ttiee, Trarlsportatioll Stui{V 1,01Tzra ;,ee D. Cooperative efforts to develop Bredeson Park and the schools t (Others, in past years) — General a_"ec s of com- nuaicatien for joint problem resolution, i.e. Nine Mile Creek sidewa] i; dev_ lopmrant E. Cooperative census and com:rranity survey work currently done II. Potential Areas for %`_,t;r�e Cooperation in isolation 1. Legislative Dffr,_•ts F. Organize work -study cooperative programs, perhaps 6 -10 lobs that would put students on city progmms for a semester cr A. iYutal as.sisterce a year -round program. B. Joint rat;. collection C. Joint lobbyii-9 efforts 2. Ogle agency for total field rrai.ntenance A. Hirirg of per•s::rni- -l- (, ointl:; paid) B. Joint rurc 2s9 _. ier-t.'l.iz_ -r C. fawn cuttirs and srr0' -i D. Lighting o_• ter:nis ccurts E. Corr;�renensiv use of field aulvey are, rlplei; ntai ion 3. Buildi:Z� a park add.tior: to th? school for &--7n. astice a— rd ot!le., in"oor Sport pirposes 4. COt;JI- iitY uoe of Ec}lal buses on Sattrcray and Sunday for .. cor muni ty pu.-T:0sec 5 Open school libraries on Saturday and Sunday for eorf.m.1 ity pt1: Yc ses y� v D� Y� Q � � 6. Mituai use of persenr el A. Pubttc rai=1`_ors Everson — B. Athletic director e� a . Undoubtedly there are others that can be added to the list for future conside OIL: sl 12/6/74 4 I rllo)� v � 23 subtarbs, county beat aid deadline Twenty -three Hennepin County suburbs have ap- proved joint powers agree- ments with the county in time to meet today's dead- line for requesting auto- matic federal funds as an "urban county." The money is being made available t h r o u g h the Community Develop- ment Act, and will be dis- tributed to participating municipalities on the basis of a population- housing- need formula. A county spokesman said about $700,000 should be available if the request is approved. He expected no- tification of approval within two weeks. Without the "urban county" status, the munic- ipalities would have to compete . with more than 200 others in a 10- county area for a share of a dis- cretionary fund estimated to be about $1.4 million or less. The communities that approved joint powers agreements are Brooklyn Park, Champlin, Corcoran, Crystal, Deephaven, Eden Prairie, Edina, Excelsior, G o I d e n Valley, Green- wood, L o r e t t o, Maple Grove, Minnetonka, Mound, New Hope, Osseo, Plymouth, Richfield, Rob - binsdale, S h o r e w o o d, Spring Lake Park, Tonka Bay and Wayzata. Snowmobiles -Sm Trailers ks Mini Bikes New & Used 10 Speed Bicycles LING Chain Saws . TODAY Motorcycles icing :oins —bars Air Compressors & Sets = Lawn Tractors 0 off on all s, dales of Snowblowers MANY OTHER ITEMS — TOO NU- ea. " 30c ea. MEROUS TO MENTION ilver HELD AT....' s from IDS FREEWAY OUTPOST Jins? County Road 70 & 35W 1. We are ons from Lakeville, Minnesota travel to ALLEN EIDE Auctioneer = 1902 iay (612) ANTIQUE Auction Sal., Feb. 1st. Hol- Illeries idaY Inn, Hwy. 100 at 494, Blooming - ton, Mn. Admission &. catalogs 50c per person, inspection 11:30, sale 1 Is. 55403 p.m. Coins— Roman, British, U.S. & gold. Byzantine copper -lead picture, brass mortar & pestle circa 800 -1100 ing A.D. Coal oil lamps, cut glass, shelf ns Iver Dollars clocks, (3), rare French wall clock, furniture — platform rocker, cat tail ns lion back rocker, table, buffet, cherry Ave. S. lamp table, German wood carvings, collector plates & many more items. okers C. Geefing, aucfioneer =27 -9. "AUCTION TONIGHT" SELL oins N HOUSEHOLD — COLLECTABLES sets FRI., JAN. 31, 7 P.M., ADM. 50c Is uoles ANOKA - FRIDLEY AUCTIONS UDIOS 848 EAST RIVER ROAD Is. 55426 ANOKA, MINNESOTA (3 Blocks Wes? of Mercy Hospital) 427-6770 Lunch Available 427 -6771 ALE rnival An- aul , I -9d Sellout Auction VG ll, trade. �,p vited. Sat. SATURDAY FEB 1 -6:30 P.M. 644 -2803. ALL NEW MERCHANDISE See our ad in Thursday's paper for details. 428 -9616 I Quickie Auction House 1965 -69 SUNDAY antique auction, Feb. 2, 1 & gold p.m. Hudson House, Hudson, Wis. (top of hill E. of Hudson on 1 -94) inmedi- ler Jewlry, turn., glasswr., adv. items - n. Can we /much more. See col, on Sun. Curl Coin Co., Lindahl Aictioneer, Red Wing, 5426. 927- Mn /Lic. =2510 '205 Bicycles & Aceessorles ies ror cot- p Daylon's, AUCTION SALE 375 -2366 Sat. Feb. 1st. -10 A.M. Sharp $12.50 Jsels, z Winters, SEE AD CLASSIF. =203 TODAY Mr., n., FREEWAY OUTPOST County Rd. 70 & 35W — Lakeville ns wante d. nte a s, complete 10 SPD. BIKES Reg. $135 now only........... $89.9,' hru SR -12 25 -4080 Co. Rd. 10 & 52 CRY al 533 0287 35 -6195 Open Sat, Sun, wkdays'lil 9 p.m. NEW Peugeot 10 sod. bike. Cost Slb new' make offer. 378-1003. NYDAY ULT AUTO VERYONE. 20% Building Sunolles ae82e 4689 k POLE BUILDINGS 770 -1222 Eves 777 -21St TRANCE USED BUILDING MATERIALS LY RATES OF ALL KINDS. 489.9044 , / / -ao v —'e. RESOLUTION Approving Continued Joint Representation in Regard to Teamsters, Local No. 320. WHEREAS, the City of is being represented in negotiations with Local-No. 320, Minnesota Teamsters Public and Law Enforcement Employees Union by the Metropolitan Area Managers Association Management Bargain- ing Committee, and WHEREAS, Local No. 320 requested and was granted mediation regarding 1975 contract negotiations, and WHEREAS, Local No. 320 has petitioned the Bureau of Mediation Services to certify that an impasse exists, and WHEREAS, the Bureau of Mediation Services has certified that an impasse does exist and has requested final positions, and WHEREAS, under Minnesota Statutes annoted 179.61 binding arbitration is required when an impasse exists with organized essential employees, and WHEREAS, the question of essentiality has not been determined regarding these employee groups, and WHEREAS, it.is inappropriate to respond to the request of the Bureau of Mediation Services for final position until the question of essentiality is determined, and WHEREAS, it is in the best interest of the following communities who have participated to date in joint negotiations, Blaine Fridley North St. Paul Brooklyn Park Inver Grove Heights Roseville Columbia Heights Mendota Heights Robbinsdale Coon Rapids Mounds. View St. Louis Park Crystal New Brighton West St. Paul Edina New Hope White Bear Lake to have the question of essentiality determined on a joint basis, and WHEREAS, if the employee group is determined to be essential it is in the best interest of the City of to continue to be represented in negotiations up to and including binding arbitration for the 1975 contract year with Local No. 320 by the Metropolitan Area Managers Association Management Bargaining Committee, NOVI THEREFORE, Be It Resolved by The Council of the City of 1. That the Metropolitan Area Managers Association Management Bargaining Committee is hereby authorized to represent the City of in the determination of.the question of essentiality regarding employees represented by Local No. 320. 2. That the Metropolitan Area Managers Association Management Bargaining Committee is hereby designated as the representatives of the City of in negotiations up to and - -- including - binding- arbitration for the 1975 contract year with -- Local No. 320. Be It Further Resolved, that the City Manager (Clerk) is hereby authorized and directed to file a copy of this resolution in the Office of the City Manager, New Brighton, Minnesota.. STAT3 (.F 'fI::S SO "i:1 - BUREAU OF 12DIATION Sl-.FZVTCES ST. PAUL MINNESOTA 55155 IN TiiE Minnesota Teamsters Public and Law Enforcement Employees Union Local tic. 320, Minneapolis, Minnesota and Metropolitan Area Managers Association (and its affiliated associates - see attached) Case No. 75 -PN- 381. -A OPPICT,'L VOTTr7 OF IMPASSE AND P.EQUFST FOR FINAL. POSITIONS Pursuant to the request for arbitration in this dispute, I have determined that further mediation efforts would serve no purpose and that an impasse exists. The following issues) will be certified as remaining in disputes 1) 4:ages 2) Holidays 4 5 6 7 8 9 10 11 12 13 14 15 Vacation Insurance Contract term Retroactivity Education incentive Longevity Seniority Line of duty pay Sick leave Severance Standby Uniform allowance Contract language modification Please forward your final position on these issues to this office within tan days for the Irurpose of certifying the matter to binding arbitration. Fir. - -al positions are due on or before January 31, 1975• CAS:ch cc: Robert Weisenburger Thoxws Lewcock Cyrus Smythe Af�'iliates (18) Dated at Saint Paul, Minnesota, January 17, 1975 Fom B11S -101 (Rev. 11 -73) DIRECTOR BUREAU OF MEDIATION SERVICES STATE OF MINNESOTA METROPOLIT'N AREA MANAGERS ASSOCIATION 1 13ainc 2 Br1 ooklyn Park 3 Columbia Heights 1F Coon Hap ids 5 Crystal 6 Edina 7 F ri dley 8 Inver Grove Heights 9 Mendota heights 10 Mounds View 11 New Brighton 12 New Hope 1 North St. Paul 14 Roseville 15 Robbinsdale 16 t. Lou S is Park 17 4L t St. Paul 18 White Bear Lake on City of Edina Snow Plowing and Sanding January 10- 11 -12, 1975 O City of Edlna 4001 WEST FIFTIETH STREET • EOINA. MINNESOTA 87424 927 -8861 January 10 -- Friday Start at 4:30 a.m. 24 Operators worked average of 12 hours each 2 mechanics worked total of 21 hours January 11-- Saturday Start at 5:00 a.m. 23 Operators worked average of 13 hours each 3 mechanics worked total of 31 hours January 12-- Sunday 6 Operators worked average of 7 hours each sanding 1 mechanic worked 4 hours 7 men stayed at local motel Saturday night to be available for Sunday work 1 Operator drove 4 wheel drive camper pickup in at 10:30 p.m. Friday and slept in it at shop to be available for Saturday work. J J . Robert C. Dunn January 13, 1975 January 20, 1975 MEMO TO: Mayor VanValkenburg City Council Warren C. Hyde, City Manager FROM: Ken Rosland, Director Park and Recreation Department am very happy to announce that three girls from the Braemar City of Lakes Figure Skating Club made it through the_sub sections, sections and the Midwestern figure skating competition and will now - represent us at the Nationals. One other youngster also from the City of Edina, has qualified for the Nationals; however, she skates with the Minneapolis Figure Skating Club. This is almost unheard of that this many. gi,r.ls from.a community the size of Edina would make it to the Nationals. In the entire country there are only nine Junior Ladies, 12 Senior Ladies and nine.Novices skating,in the Nationals. f The girls from Edina are: Paula Larson - Sr. Ladies Terry Klindworth - Sr. Ladies Missy McCandless - Jr. Ladies Their teaching professionals are Eleanor Fisher, Vicki Binner and Dede Hensel. The young lady from the Minneapolis Figure Skating Club is Kelsy Ufford and is i in the Novice group. Mary Ann Sundin is her.teaching professional. It would be appropriate if the Council could pass a congratulatory resolution for these young ladies. 3 MEMORANDUM TO: Warren.C.'Hyde FROM: Tom Melena SUBJECT: OSHA SAFETY REQUIREMENTS. During the month of November, I made several visual inspections of the City water towers. During these inspections, it was found that the ladders do not meet OSHA requirements -- a maximum height of 30 feet between land- ings. The Southdale tower has distances of 42 feet, 52, 66; and.49,feet between landings. The Creek Valley tower has distances between landings of 44, 62, and 72 feet. The High School tower has a distance of 146 feet to the first level and 50- additional feet - over the round -. The City is faced with two alternatives: 1) Doing a major rebuilding of all water tower ladders and adding the various landings -- part of this would mean removal of parts of ladders and offsetting them by several feet in order to build the landing, resulting in a costly project. 2) Installing a safety device to bypass the OSHA 30 feet maximum requirement. The approved safety device is essentially a cable and.harness, by far the easier and lesser expensive. With the above 'in mind and after a lengthy discussion with Mr. Libby, an approved safety device was taken into consideration. The two quotations on this device are as follows: Meyer Industries ...... $1,710.30 Viking Industrial ...... $1,517.20. This equipment would then meet all OSHA standards for all three towers. It should be noted that this equipment will be installed by us in order to keep the cost.down; however, if not installed, it is possible that OSHA could order us not to climb the towers, or face the possibility of a fine. I would, therefore, recommend purchase.of the above equipment from low quotation, Viking Industrial. cSubutban Tublic Health Mlsing eSelvice IN HENNEPIN COUNTY E 303 Meadowbrook Building Telephone: 925 -3960 6490 Excelsior Boulevard St. Louis Park, Minnesota 55426 December 31, 19721 Mr. Warren C. Hyde, Village Manager City of Edina 4801 T -T. 50th Street Edina, Minn. 55124 Dear Mr. Hyde: The following is our report of public health nursing services in Edina during November,.1974. Additional copies are enclosed for council members. this this month this year last yr. month last year to date to date 1st of the month case load 88 93 - -- - -- admitted to-service 8 9 10; - closed to service 10 10 gQ 63 1 ad 86 92 - -- - -- End of month case o Accumulative total case load - -- --- 175 Home nursing visits 54 60 689 Health teaching- counseling visits 24 31 375 Total home visits 78 91 1,06L. Not home -not found 1 --- Home health aide service hours 232 43 -3/4 356 Well Child Clinic attendance 2 2 21 Immunizations given 14 5 146- School visits --- 10 35 Hours in schools - -- 9 117 Sincerely, 1� (MISS) HILDA W. BOYLE,, R.N. HWB:fm DIRECTOR cc: C. V. Rockwell, M.D. Health Officer Xenneth Esse, Sanitarian 155 303 307 1,110 26 h -1 24 168 50 62 -3/4 SUPPORTED BY TAX FUNDS FROM MUNICIPALITIES OF SUBURBAN HENNEPIN COUNTY AND THE UNITED FUND