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HomeMy WebLinkAbout1974-07-15_COUNCIL MEETINGT.-IK'.!A VUTITTY jU,YLY 15, 197A 'Rfj3z_li.A.T'L ff". E s ter -.Tume 17 and 3uly 12 1974, appz:ovad oar C� -:-McZed r20- 74 'A TEtL--%?T 17 lsx.e A,=ea Cnmtinuel ac i c. n by 31a-molution v'= de Z -1-2as, .z- 4.15 Lwor j! rol. all vol- A. 'Parking ., Loll Grading Zmprovey-amt Oriaae Aeu Liquor t -S., -z a ( i from 7/104 r, Pexmanent St--t Surfacing X=pxov*-_Rnt P-A-174 - '2� 55th S t re e t C . S, T 0 xm se" i e r I =9 x �j-_ an 11t p. "S.? -, S - L 4 1 . - Yran c a —fie - a t 4-1 - t h S t� . AT-a I I 'PUBILIC WIRim- aN ICHU.,FGF. Spec- 'isp co'=il �-A.-Jhces to uxcc�-a'cl' Z;�Ctioll by Ozdi=znca� r..'h=t ..torls heard. ing nnd Con-cept Apprw;a-1 -raq juiva 3/5 1-011ciall -:ate to pa-3- rz A. Vlvzz 19, '41 *na PaKt ni, 20", 2-le _lEs a. Idelitla, Bls"�ricv. F-I.T-31 fl-74-4 (6/25174) -9c AWAIT OF by A Qs=mil "ay M.- anion., 7 i 740 Parklag 2-r:,"t 7_-!3�7.mvem—e'-It (Gor,- P_-ek sala I ter llz-f " A -1 7. D. Paxlx Shelter _I;uildinSa Varicus 0 IIMIR�'Sl OITKATECAS A. ldr. sne lvirn, lzurerl Paders= VaZl'.a7 ann-i D, C;'k X-�!_""Vz2nU an 3- "­"'rten 3 D'A " Agenda dam.: ;a w ir',�9'n° s �...; n- nic C'�.T:!ro L%� O.-.a"i7^ :L'le i%St.....c__ t0 of {ir .i 1, aed, �.ol1call vase 0 Pans c�ing S emu? d *.���' A First 1J TQi eii=Ce r:o. 402-A2 nuilding Lam- Y}ucis -on Codes C 153 - a� ordinance -'ce d ma � ; a,_,, -t o C�dwrZnc ,Paso 4�J3 an k 3 3- Al ♦ s inan .pia A �rsa '- ., %7 .':hl .. =,�;� � Z of '2-=- e_rolUs Ind G12;:;-3tar-dc._ P+-'- inu —. - _ — `•e�1�.3,.o°i 4 �;, win —w �O 61, �. � �.k _.uF. � ✓; L.w�L'fa �`. S �C` -`�+ a. iC-�..0 - __ Cl (YMI -,S WHO DESIRE k� -. ss-33," (Soui:ildale y.o' 1 ,i$ov .Fy, +rya r y aid ly l 2 v 6 � �122_ Cyr Cons�ri �«iy a 4 .� � '; ��i. 1. �w•i+ cr a , E SL ' a67 C, : J 73, Sewer Fund, '564,642.03 L. Liquor Fund Report at; of May 31, 1974. G TABULATION OF BIDS CITY OF EDINA, MINNESOTA ED I NA PARK SI WELTER BRAEMAR PARK BIDS OPENED 10:00 AM - JuOy 02, 0974 COfV`MACTOR LASE X3'0 D ALT I ALT 2 ALT 3 ALT 4 Keho Construction $48,000.00 $2,400.00 $2,000 $4,200 $ 750.00 EOVIew Construction $54,967.00 $0,565.00 $1,761 $3,553 $1,156.00 Wm. Kranz Inc. $55,965°00 $1,850.00 $0,850 $3,700 $1,230.00 Anderson Build6rs $58,850.00 $0,652.00 $1,142 $3,298 $ 655.00 @arlund Johnson $61,476 .000 v $1,778.00 $2,700 $4,600 $8,056.00 B. E. Enterprises McCall & Co. $58,787.00 $50,059.00 $20500.00 G $3 640.00 1--_$1,898 $0,600 P$3,600 $5,499 $ 100.00 $ 824.00 Reco nd Award to: Keho Construction Co. at $48,000.00 plus Alternates 1, 2 and 4. for a total award of $53,250.00 July 3t 1974 The Honorable Mayor and Councilmen Gity of Edina Edina, Minnesota 55424 Gentleman: We reside in the Cul de Sac: at 7029. Comanche C -ourt, and have attended the meetings concerning the Valley View, Hwy. 18 issue. We purchased our home four years ago in this area so we would have access to the freeways.. At this time we were told Valley View was to be rerouted to the location now advocated bjr the planning commission. At present we have seven homes on the Gul de Sac, with a possible nine. We feel ANY other Cul de Sac in this area would be very detrimental for fire and police protection. All Eastern Edina and our schools, churches and shopping areas would be cut off from us. There are many residents, who we have as we do. Also many on bully Lane an, tacted and have been asked to let you personally. In our opinion, all the area needs is change and we are very opposed to any talked to, that feel 3 Paiute have been.con- know their feelings the proposed inter - new Caul de Sac. Yours very truly, Mr. & Mrs. Lauren Pederson T TI July 2, 19 74 ✓T sir, James VanValkenburg Mayor of Edina City Hall 4501 West 50th Edina, Minnesota 55424 Lear Jim: The Human Relations Commission would like to suggest that one of its members, Mary Anderson 4425 Rutledge, serve on the committee planning the arts and crafts center in the new park on 44th Street. Sincerely, Meredith Hart .r April 23, 1974 Mayor James Van Valkenburg 4204 Philbrook Lane Edina, MY 55424 Dear Jim: evilla'3 d 4801 WEST FIFTIETH STREET • .EDINA. MINNESOTA 55424 927 -Bas7 As we have discussed in the past regarding the 44th Street Property, it seems now apropos to appoint a Mayor's Committee for the Art Center. I have discussed it at the Park Board meeting and they are fully in favor and appreciate you enlarging this Committee. the Co=ittee that the Park Board already has, is chaired by Lowell McCarthy with the following members: Joan Tonsbury, Park Board representative, Virginia Shaw, Park Board representative, Mrs. Cuyler Adams, Resident, Mrs. Barbara ?z ederach, resident, plus myself and Marcia Mohr as staff advisers. 'The following names have been given to me and I would like to pass them on as.I feel they would make excellent appointments: Mrs. Pat Greer, 7125 Schey Dr., Edina 55435, 941 -4086 . Mrs. Deloris Dege, 4503 Casco Ave., Edina 55424, 922 -1167 Mrs. Ben Bermel, 4603 Sunnyside Rd., Edina 55424, 922 -6624 Mrs. Marion Ward, 5940 Halifax Ave., Edina 55424, 929 -2476 With these additions, the Committee would be comprised of nine members plus staff. If you have other interested people, I am sure that the Committee could be moved up to 12 very readily. We are also working with Mr. Paul Foss on the fund raising drive. This would not have to be part of the Art Center Committee. I look at this Committee to give us direction of development, art -craft areas and for financial support but not necessarily original capital expenditures. If you would like to discuss this further, I would be happy to do so. Sincerely, Ke:l Dosland, Director Edina ?ark and Recreation Department R: by U Mrs. John Skagerberg 6112 Virginia Ave. (24) Donna 926 -0134 922 -5193 927 -8520 929 -2476 922 -1167 922 -6624 941 -4086 941 -1190 926 -5870 U/ EDINA ART CENTER COMMITTEE Mrs. Cuyler Adams 4618 Edgebrook Place (24) Connie. Mr. Lowell McCarthy 4316 Eton Place (24) Mrs. Paul Laederach 4633 Bruce Ave. (24) Barbara Mrs. E. C. Ward 5940 Halifax Ave. (24) Marion Mrs. Charles Dege 4503 Casco Avenue (24) Dolores Mrs. Ben Bermes 4603 Sunnyside Road (24) Mrs. Bill Greer 7125 Schey Dr. (35) Pat Mrs. John Brown 7308 Claredon Dr. (35) U Mrs. John Skagerberg 6112 Virginia Ave. (24) Donna 926 -0134 922 -5193 927 -8520 929 -2476 922 -1167 922 -6624 941 -4086 941 -1190 926 -5870 U/ June 17, 1971 Mr. James VanValkenburg Mayor of Edina City Hall Dear -Jim: The Human Relations Commission would like permission from you and the members of the City Council to publish a newsletter. We have been exploring the possibility for some time, for we think a newsletter would be an excellent educational tool. We have a commitment from Armi Nelson, Assistant for Public Information, Edina School District, to-print the newsletter free of. charge. The only cost to the Commission would be for the paper and stamps. We would like to publish the newsletter quarterly in September, December, March, and June. We have estimated that the cost per issue would be $50.00, making the total cost $200.00 per year. The Vice - Chairman of the Human Relations Commission would assume management responsibilities for the newsletter which would be sent to people like ministers, church social concerns c4—men, realtors, the Edina Chamber of Commerce, school principals, and student and community group presidents. Communication has long been a problem, and the newsletter, we think, would give the Human Relations Commission better visibility and accountability, thus making it a more vital force in Edina. Sincerely, Meredith Hart Chairman, Edina Human Relations Commission cc: Warren Hyde To: Marren C. Hyde City Tanager. Mayor and Council The layouts and designs were prepared for your consideration as a new city logo tte*ie and 4ity of B'aina seal. All iinisned art and specifications wIII be --rovidea upon your approval. I will supervise a.na proor fir2t run printing and adapt the designs 'tor other city uses; such as motorized vehicles presently in uee. A commission or $1000,00 is recorraended, Respectfully Submitted,,, 1 LEONARD FELLMAN 6801 Limerick Lane Edina, Minnesota 55435 Commercial Art - Ph.: 941.1582 r`w r of 4801 WEST FIFTIETH STREET • EOINA, MINNESOTA 55424 927 -8861 July 10, 1974 Mr. Vince McConville 7008 Sally Lane Edina, MN 55435 Dear Vince: The enclosed memo was sent to Mayor VanValkenburg and Mr. Hyde who forwarded it to me. I feel strongly that we send a representative from the Open Space Commission to this meeting on July 16, 1974 for a report back to the Committee. recommend strongly that you contact Mrs. Alison Fuhr to attend. I would think that she would be an excellent person. If she is not willing to do so, possibly Mrs. Scott would attend. Sincerely, Ke Rosland, DirqDeDa Park and Recreatent KR:bp enc 4e- 2, tVINCI'T 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 227-9421 TO: Mayors, Town 8,oard Chairmen .. County Board Chairmen, County AldrnimistraZors, Ci-y Citizen Groups Z2ttor a-rid pejl-'iCi-pdte in a pubblic meeting to De held You &.ro. covdially invjitA to L Ej. iror menta' &,ld -1'ansport.aLion Committee of Lhe %Uourici on at- 7:30 i).r­ . in the 1 letruP1011t&.1 Cc)"ZIC" armbors, V, T.L!,j y q VI Oevt Stree., Jr- 0 t ­q­re Buildiji-ttD, z�even!:!.. ��tnd Rol fvl(,�,Lrop d is r.()r'SJdE!r!Vsg t11E'17E-;C0Tl`l-,_.-)E,. V SP- -c.. 'i -sic, :C,. rej. o-nal PEI:- a cu -I;. S j2!'01(,­CLs -Lu be j, 7 11 e N. ;t i `-1 ix,\ o C, ;S to F)C.,r I P 01111 cn. -d lo the j 1 11 1- -1 7 C) j, -1 S i­lr, Parks PC+ F� pter 5,- 3. i 917,-'! M_11! i 1 Os () �- --! S;(.)rl L L _C -4 1 10.CS:., " t C) 0 C rl . r, c, -� � f 1f?L111ti d, I I Un. J, C 0. 10,; Crka d v e. o 7" - V C o C-- a 0 -.:1 open 5 p c e, L 0 J'_ , = ''C)') �, (_1d. I n A!­,- i of 97-1 Ci (' 0-14. space DC%'(.!opr:. atiric- 12 s pe -: l- -- c re(J i0', I F);: i. -f 1 3'! s im. n-, e d jf.,�4 c a i' J. 0111 sjq y - . ,7n c.,i fl-!e r''ttc­_-•hrz)d !rnaP4 1-1. kekr st3te:1,1Jn't of r_,U'Y._f'-05E; of t!l 19 7 , I "Ll-linediate, actioll is tj-jc;rcfc (_, necessary to provide funds -o acq'u-i-ce, preiserv,-:.. - _Y' _- -1 X '7.. ar,,,j develop i �nnaj ­-Crcaticnal open s-ace for iji 03.G e. pose. Tile grant urider e -considation 6.1-rected tc, Lhis P.lv-,, . W,,:� invite your i's Old f,:--c;orfm.,ejid-at_;or,s - c�n -,st of trose desirintj L! 0 pacE,!j 4a if you cl.z­ire, fi ,.-,;'s' th 0- x I L. !ease contact -die Gouncjil�s Recreat_:O­ Ot)--.,! Sp-ace Proorall-, SUE c1; di 1-ho mce'tinq 1) L 227-942,1, extension 2.72. S t� K: i M oni:,l tz-;--:. U4 is Tfran s p o Cation G 0 1 r! I-t-1 -1 tte-c An Agency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anoka County 0 Carver County 0 Dakota County 0 Hennepin County 0 Ramsey County 0 Scott County 0 Washington County Xr-14 RESOLUTION RESPONDING TO THE METROPOLITAN COUNCIL'S PROPOSED DEVELOPMENT FRAMEWORK WHEREAS the metropolitan Council has completed "development framework policies" for the metropolitan area and is now soliciting reaction to alternative methods of implementation, and WHEREAS the City of Edina is an affected municipality whose future land use decisions are in part dependent on the development framework and the method of its implementation, I1OW, THEREFORE, BE IT RESOLVED by the Edina City Council in response to the May 30, 1974, solicitation from John Boland, Metropolitan Council Chairman, that the following be transmitted: 1. That Edina views itself as a developed area and is experiencing land use decisions similar to a developed area; and 2. That Edina views sprawl and "leap frog" development as undesirable for the following reasons: a. More costly public and private facilities and services will be needed to serve new fringe area development at a time when there is excess capacity or inefficient use made of existing capital investments within the built -up area. b. Many of the public facilities and services on the fringe are paid for, not only by the new residents but also by people who live in the built -up areas. Yet these existing residents have little voice in how development occurs. c. Fringe area development which will result in.the loss of valuable open space and eventual surface and ground water pollution in many areas will exact a high cost to the environment of the region. GL: 1n 7/15/74 �IN C1 t�� 300 Metro Square Building, 7th Street and Robert Street, Saint Paul, Minnesota 55101 May 30, 1974 TO: Local Governmental Officials Community Organization Leaders JU tl. f IV Area 612, 227 -9421 I am writing to ask you to assist the Metropolitan Council on one of its most important programs - -the preparation of a framework for metropolitan development. The Physical Development Committee of the Metropolitan Council is now considering methods of implementing'the Development Framework policies that many of you helped us develop last-fall and winter. To help us consider the issues and the different methods of implementing the development policies, our staff has prepared a Discussion Statement on Implementation. I am sending each of you a copy of this Discussion Statement'. Please review it carefully and let us know what.you think of it. I suggest that you first review each of the four major issues and the implementation methods suggested for each issue to see if you agree or disagree. Secondly, please review the alternative map concepts included in the appendix. The maps have not yet received extensive Physical Development discussion and should be reviewed as preliminary concepts. We will continue our discussion of these maps over the next several weeks and will make no final decisions until after the hearings. Also, our staff has been instructed to contact individually as many affected municipalities and counties as possible in order to get more local government input on map aspects of Development Framework. Please look at the maps in the appendix so that you can advise us of the planning 'area in which you believe your community should be located. The appendix also includes an explanation of terms used in the statement. Third, we would like your ideas on two other Development Framework issues being considered by the Physical Development Committee. One matter is advice on how to define freestanding communities: The Physical Development Committee has recognized that some freestanding communities may serve as logical growth centers in the rural, outlying part s of the Metropolitan Area. The Committee needs to know whether you agree with that idea and wants your ideas on which freestanding communities can serve as growth centers. It also needs to know what criteria it An Ag:trac- -treated to Coordinare the Planning and Development of the Twin Cities Metropolitan Area Comprising: Anok,, Coutity o Carver Cou ,tv o Dakota County 0 Hennepin C ounr.v"Ramwv Cour+ *v Rentr. ('.n„nw n -2- should use to define freestanding communities. The other matter on which I would like your input is in defining what is the rural part of the region. The Committee needs advice on what land uses are appropriate in the rural areas and are in keeping with a rural way of life. You may provide us with your response by writing to me or your Metropolitan Council representative, or you may appear at one of the five public meetings we are holding in various parts of the Metropolitan Area in July. These public meetings will be held at the following times and places: Tuesday, July 2, 7:30 p.m. Monday, July 8, 7:30 p.m. Thursday, July 11, 7:30 p.m. Monday, July 15, 7:30 p.m. - Minnetonka City Hall 14600 Minnetonka Blvd. Minnetonka, Minnesota Shakopee High School Tenth and Lewis Streets Shakopee, Minnesota Blaine City Hall 9150 Central Avenue N.E. Blaine, Minnesota - Hastings junior High School Eleventh and Pine Streets Hastings, Minnesota Thursday, July 18, 1:30 p.m. - Metropolitan Council Chambers 300 Metro Square Building St. Paul, Minnesota Please keep in mind that no decisions have been made. This Discussion Statement is' just now beginning to be studied by the Physical Development Committee. We invite you to study it at this time also and help us as we develop methods of implementing Physical Development planning for our Metropolitan Area. Your response in November and December to the preparation of Development Framework policies was extremely helpful and resulted in numerous additions and changes. However, this is an evolving process and we need your response now more than ever since local governments will certainly have a major role in implementation of the Development Framework. If you have any questions or if you need another copy of the Development Framework policies, please call me or your Metropolitan Council representative. Sincerely, j n Boland, Chairman ASSOCIATION OF METROPOLITAN MUNICIPALITIES Phone 222 -2861 TO: Mayors and Councilmen ATTENTION: City Managers, Administrators T 300 Hanover Building 480 Cedar Street St. Paul, Minnesota 55101 July 10, 1974 SUBJECT: Municipal Appointments to Metropolitan Transportation Board For the past several months municipal officials, county officials, representatives of the Metropolitan Council, the2EC and the State Highway Department have been considering a re- establishment of the Transportation Board for the metropolitan area to meet the requirements of federal metropolitan policy and planning regulations and the recently enacted State Metropolitan Reorganization Act. One body, .a Transportation Board, will, serve both functions. The operations plan for the metropolitan transportation planning process, which sets forth the roles and responsibilities of the participating units of government and agencies, and establishes an agreed upon structure, calls for the board to consist of ten municipal, elected officials, one county official from each of the seven metropolitan counties, a representative from each of the metropolitan transportation agencies, and a chairman, and eight citizen representatives to be appointed by the metropolitan council. The operations plan states that the Association of Metropolitan Municipalities will designate the ten elected officials who will.in turn be officially appointed jointly to the Board by the Metropolitan Council and the Metropolitan,Transit_Commission. The municipal officials must be elected and should be representative of the population and geography of the - metro -_ politan area. Members will be expected to meet at least once a month to consider 5- policy matters affecting the transportation systems in the metropolitan area, including such items as acting on priorities and recommendations for -local projects to receive federal aid secondary fund_ro. Chairman Boland has asked us to make these ever, the Board-of Directors of the Association will not meet until August lst. Therefore, we recommendations for appointees to the transport possible but not later than July 29th, in time of Directors at its next meeting. Sincerely, Elliott Perovich, President EP /eb appointments by July 22. How - of Metropolitan Municipalities would like to have ;;our ation board as soon as for consideration by the Board South Hennepin Human Services Council v 6401 France Avenue South • Edina, Minnesota 55435 Phone 920.1194 Serving: Bloomington Eden Prairie Edina Richfield July 10, 1974 Mr. Warren C. Hyde City Manager 4801 West 50th Street Edina, Minnesota 55424 Dear Mr. Hyde: Enclosed is a copy of our 1974 Budget, submitted in accordance with the Joint and Cooperative Agreement, Paragraph VII, section 4. We are encouraged by the increased awareness and participation in Human Services, in•tbe South Hennepin Area, and anticipate a continued close working relationship with persons in your city. Sincerely, Phillip J. Riveness Executive Director PJR:jh Encl: M-- K Fairview Community Hospitals Achievement through excellence 2312 South Sixth Street, Minneapolis. Minn. 55406 a Telephone (612) 332 -0282 Carl N. Platou m President July 8, 1974 Mr. Warren Hyde; City Manager And City Council Members. Edina Village Offices 4801 West 50th Street Edina,.Minnesota 55424 Dear Mr. Hyde and Council Members: These -last few months we have been hopeful that we could finance the current $6.2 million major expansion at Fairview - Southdale Hospital through a Municipal Revenue Bond Issue, We have worked with you, members of your staff, and City Council Members to achieve this. As you are aware, the preferential interest rate on Municipal Revenue Bonds would have enabled us to pass on a savings of interest expense to patients. It has recently come to our attention that the notes executed for certain unsecured bonds preclude us from giving the City of Edina, a second mortgage without also paying off this indebtedness amounting to approximately $3 million. In addition, we see a need that any new financing be open ended to the extent.necessary to permit additional borrowing for a prospective addition in the near future. As we have proceeded to firm up the issuance of Municipal Bonds, . the above requirements have become important. We felt we should give the trustee for any Municipal Bond Issue a second mortgage, and likewise, we need a provision to allow financing for a pros- pective addition in the future. As- construction on the Fairview - Southdale expansion has continued our urgent need for financing has become more acute. Therefore, we have made a reluctant decision to use conventional financing. We are accordingly withdrawing our request for approval of Munici- pal Bond financing by the City of Edina. We would, like to express our appreciation for the efforts you, your staff and Members of the City Council have put forth on our behalf. We regret that this method of financing did not work out for us. Fairview Community Hospitals ..a.. MA ,e3oo'l.is � Fairview- Sc.;-.Cale Hos W'a I. Edina • Lulheran DBaCGrEs> M;n. eapc ^.s a Fai r.-iew -Rid ge;. Bwnsvdle u Affiliated Hospitals D, 15r--r • Va7ageo Hospgals D:,,sron Mr. Warren Hyde Page II July 8, 1974 In this connection, we would also like to mention that we expect to reimburse Mr. Thomas A. Wurst for time he has spent on this project. Si rely yours, Ronald C. Opheim Vice President of Finance Donald C. Wegmiller Administrator, Fairy tw-1.uthzale d Hospital SUMMARY OF PROPOSED AMENDMENTS TO ORDINANCES 402, 404, 471, 611, AND 621. The above ordinance amendments will come before the Council on July 15. These amendments are for the purpose of accomplishing the fol- lowing: A. Conform our existing-Building Code to the State. Building Code as amended by the Commissioner of Administration on January 14, 1974. Ordinances 404 and 621 -A -4 are for this purpose. B. Clarify the procedures for enforcement of the Building Code, especially those provisions relating to unsafe buildings as defined in Sec. 203 of the 1973 edition of the Uniform Building Code, and provide a uniform system of enforcement of said Sec. 203 and the Fire Code and-other adopted standards and codes. Ordinances 402 -A -2, 471 -A -1, and 611 -A -1 are for this purpose. C. Authorize both the Bureau of Fire Prevention and the Building Official to issue orders for enforcement of the Building Code and Fire Code. Ordinances 471 -A -1 and.611 -A -1 and Subparagraph (a) of Sec. 3 of Ordinance 404 are for this purpose. The proposed amendments, as to the accomplishments set out at B and C above, can be summarized as follows: The Building Official or the Bureau of Fire Prevention may enforce any provisions of the Building Code, Fire Code, or Ordinance 471 (relating to dangerous and substandard buildings). All appeals from orders relating to building violations, except orders under Sec. 203 (unsafe buildings), Ordinance 471 (dangerous and substandard buildings), or Ordinance 611 (Fire and other codes), shall be heard by the Building Codes Construction Commission, with-appeal to the City Council. Orders under Sec. 203, Ordinance 471, or Ordinance 611 are all handled pursuant to Ordinance No. 471 and may be issued by the Building Official or the Bureau of Fire Prevention, and appeals are taken directly to the Council. By placing both the unsafe building provisions of the Building Code and the fire prevention provisions under Ordinance 471, and providing, for the same method of enforcement,.we can avoid making a decision in the event of any given violation, such as, for example, Clancy's Drug Store sprinkler system, as to whether Edina's Fire Code or its Building Code applies. In the event of such a violation, either the Bureau of Fire Pre- vention or the Building Official may issue an order requiring compliance with the City's Fire Code, or, in the alternative, requiring rehabilitation • of an unsafe building under Sec. 203 of the UBC. The procedure for enforce - went of either of said violations would be the same, and if the State should decide that our Fire Code does not apply, we would have followed the pro- cedures under the UBC also. Although the State Department of Administration has opined that the City's Fire O,de.has been superseded by the Building Code, this question has not yet been determined by the courts and.is, in fact, now the subject of litigation in the Minnesota Supreme Court. There fore, until a definitive answer is given as to whether or not our Fire Code - applies, we should continue to enforce it, but at the same time proceed under the parallel provisions of Sec. 203 of the UBC so that we can require compliance under either or both of the ordinance provisions in the same proceeding. . ORDINANCE No. 402m -A2 AN ORDINANCE AMENDING ORDII14ANCE NO. 402 TO RESTRICT THE POWERS AND DUTIES OF THE BUILDING CONSTRUCTION CODES COMMISSION, TO PROVIDE A PROCEDURE FOR AXPEALS TO &\M HEARING BY THE BUILDING CONSTRUCTION CONES CO IMISSION, AND TO PROVIDE FOR APPEALS TO THE CITY COUNCIL .THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Powers and Duties. Paragraph (a) of Sec. 7 of Ordinance No. 402 is amended by deleting the reference to "Chief of the Fire Department" and Inserting "Bureau of Fire Prevention" in lieu thereof, and by adding to paragraph (a) the following provision: „provided, however, that the Commission shall not hear any appeals from, nor have any jurisdiction over, actions taken by any official of Edina under Section 203 of Chapter 2 of the UnAform Building Code adopted by Ordinance No. 404, or Ordinance No. 471 or Ordinance No. 611;" Section 3. Appeals. Ordinance No. 402 is hereby amended by adding thereto a new Section 9 as follows: "Section 9. Appeals. (a) To the Building Construction Codes Commission; Hearing the Commission_. Appeals to the Commissi ORDINANCE NO. 404 AN ORDINANCE REGULA ING THE FTCaCTION, CONSTRUCTION, E11LARGF-11ENT, ALTERATION, REPAIR, MOVING,. R240VAL, DEMOLITION, CONVERSION, OCCUPANCY, E(UI:PM& T, USE, REIGHTt, ARE-. AND i�.AINTENA -WCI OF ALL BUILDINGS AND STRUCT LEES, PROVIDING FOR THE ISSUANCE OF PE1(MIi'S AND COLLECTION OF ?SEES THEREFOR?, PROVIDING PE-Al TIES, AND REPEALING ORDINANCE NO. 403. TAE Ctv coum ? Or THE CITY OF EDINA, MIN ESGTP_, ORDAINS: Section l:. Minnesota State Building Code Adopted. Thera ;.a adopted and incorporated herein by reference, as an ordinance of the City, the Minnesota State Building Code as promu?.gated by the Department of A.ministratiou of the State of : Minnesota -and f=iled with the Secretary of State aid the Commissioner ©f Administration ©! the State of Miianasota on January 6, 1972. and. as attended by those certain amendments filed „ir:n the Secretary of State tnd the Commissioner of Adwilnistration of the State of Minnesota on January 14, 1974, which Code, aG ariended, is hereynn ter. referred to as the ICSEC. No provisions of the '14SEG, or documents referred to therein, which are.not required by state lava to be adopted by.-the City are- acIopted unless they are specifically mefitioned herein. Sec. 2. ARR2Egces_ of MSBC Adopted. There is adopted Lriid dncor- porated herein by reference, as an Ordinance of tha City, Appendix A and Appendix F of the MSBC. Sec. 3. Code on File.: Three copies. of the MSBC, with appendices, masked "Official Copy ", are on file in' the office of the Clerk and shall remain on file for use and examination of the public. The Clerk oh,,A. furnish copies, with appendices, . of the 118BC at cost to any person tpbn request. Sec. 4. Chapter 2 of the 1973 Edition of the Uniform Building Code Adopted. There is adopted and incorporated herein by reference, as an ordinance of the City, Chapter 2 of the 1973 Edition of the Uniform Building'Code, as published by the International. Conference of Building Officials (hereinafter referred to as the "UBC "), which has been incorporated by reference into and made a part of the MSBC, with, however, the following changes: (a) Paragraph (b) of Section 202 is amended by adding thereto the following: "The members of the Bureau of Fire Prevention of the City of Edina shall be deputies of the Building Official." Ordinance 404 Page Two (b) Section 203 is amended to read-as follows: "Section 203. All buildings or structures rah �.ch are structur".211y unsafe or not pzovided with adequate ag?eo3, or xahich constitute a fire hazard, or are otherwise Oziigerous to huP.ti A, life, or which in _reiatioa to existing u.se. cc i)stitute a hazard to safety or haaltti, or public welfare, by reasons of inadequate maintenance, dilapidation: obsolescence, fire hazard, disaster damage, or ab: xndonment, as speckl7led `in ii ?ag Code of any other effective ordinance, are:, for the purpose of this Section, unsafe buildings. All such unsafe building are iaereby declared to be public nuisances and shall. be ;703 3ted by repair, L:ehabili.tation, demolition, or removal in accordance with the procedure specified in Sections 3 through 10, inclusive, oL Ordinance No. 471.11 (c) Section 204 is deleted and excluded in its entirety. (d) Section 205 is amended by adding to the last paragraph of Section 205 the folio-wing: "Costs of prosecution shall be added in either event." Sec. 5. Chapter 3 of UBC Adopted. There is adopted and incorporated hereiti by reference, as an ordinance of the City, Chapter 3 of the UBC, with, however, the following changes: 11(a) Paragraph (c) of Section 303. is a-uended to read as follows: (c) Plans and Specifications. With each application for a building permit, and when required by the Euildi€zg Offscial for endorsement of any provisions of this Code, MFG nets of plans and specifications snail be submitted if the application be for a one or two fam•s ly residential dwelling, and three sets. of plans and specifications shall be submitted if the application be for any other kind of building or structure. The Uuild:'Ing Official may require plans and specifications to lie prepared and designed by an engineer or architect licensed by the state to practice as such. 1n additei.on, the Building Official may require that plans and specifications carry a certification, by a mechanical engineer 'licensed by the stage to practice as such, to the effect that construction carried out pursuant to such plans and specifications will not violate any of the provisions of the Minnesota Heating, Ventilating, Air Conditioning, and Refrigeration Code or any other applicable ordinances of the Village. EXCEPTIONS: When authorized by the Building Official plans and specifications need not be submitted for the following: Ordinance 4+04 Page Three 1. One- -story buildings of T)7pe V conventional wood -stud construction with an area not exceeding 600 square fear. 2. Group 3t Division 1, Occupancies of Type V conventional wood -stud construction. 3. Small and unimportant work. "° (b) Paragraph (d) of Section 301 is amended to read as follows: . "(d) information on Plans and Specifications. PLass shall be dawn to scale upon substantial pipe:: ow cloth and shall be accompanied by specifications of sufficient clarity to indicate the nature and extent of, the work proposed and show in detail that it will conform to the p :ov. *tsions of this Code and all :relevant laws, ordinances, z•ules and "r.: guw lations. The first sheet of each sew of plans shall_ �?I ve the building aad street address of the wor1c 1d the name. and address of the owner and person who prepared them. In lieu of detailed specifications, the Building Official may approve references on the puns to a specific section or part of this Code or other ordinances or :laws. Plans shall include a survey of the lots upon -Which the proposed building or construction is to be done, prepared and attested by a registered surveyor, and providing the following information: (1) Scale of drawing. (2) Lot mad block nu0ber. (3) Dimensions of lot and north point. (4) Dimensions of front, rear and side yards. (5) Locations of all existing buildings on the lot. (6) Location of proposed building or construction., (i) Location of stakes established by the surveyor along each side lot line at the : cront and rear building lives. The maintenance of these stakes once established by the surveyor shy ll be the responsibility of the building pernAt applicant. (8) The side yard and set buck dimensions of the buildinge located on adjacent lots. (9) The location of all easements as s:m-a on record plats. (10) Grade elevations at the following points: (a) Each lot come:: (both existing or proposed). (b) Crown of proposed st -reet at each lot line e4tende'd. (c) Proposed lain and driveway clevationa at .r ll sides of. building. (d) Elevations of top of foundation and garage floor or adjacent properties. Ordinance 404 Page Four, Such elevations may be based upon an assumed datum but must be tied by the surveyor to.a specified beach mark fcr which the elevation has been obta2med from the Village; Engineer's Office. (11) The proposed disposal of drainage and surfs -ce VM ers, indicating direction of surface dater drainage by arrows. (12) Statement of number of stories of adjacent: br ldings. Such survey shall be on a sheet not larger than 1.1 inches by 15 inches. if necessary, the legal descrip- tion of the property may be placed on a'second sheet of the same size attached or ivied to the survey. Computations, stress, diagrams, and other date suf- ficient to show the correctness of the plans, shall be submitted when required by the Building Offici t." (c) The first four lines of Table No. 3-A - Building Permit. Nees is amended to read as follows: Total Valuation Pee $1.00 to $1,000.00 $10.00 $1,OOT.00 to $2,000.00 $10.00 for the first 51000.00 plus $1.00 for each additional $100.00 or fraction thereof, to and d. including $2,000.00 (d) Paragraph (b) of Section 303 3s amended by inserting $5,000.00 in the second lisle thereof .:Yxt..lieu of $1,000.00. (e) Section 303 is amended by adding thereto new subsections (e) and M- as follows: "(e) Demolition Fee;_ Bond, The fee for a permit to demo lish a building shall be $10.00. In addition, a surety bond in the amount of $500 shall tie required from each L3 t applicant, such bond to.: be cooditioned that the holder iliL l per form the work in accordance Frith this and. all other ap- plicable ordinances and regulations, and within the titan specified in the application or permit, and will indsumif and-save the City and its officers harmless against ary and all claims, judgments or other costs arising from the demolition and other :cork covered by the permit or for whic'-3 Ordinance 404 Page Five the City, City Council or any City officer may be made liable by reason of any accident or injury to persons or property through fault or neglect of the permittee, cnd othe_vise con- taining such terms and conditions as are acceptable to the City." "(f) Refund o£ Fees. Ugon return of a building permit to the City by the holder thereof, with proof satisfactory to the Building Official that no construction was undertaien pursuant thereto, he shall refund to the holder the building permit fee -paid by him, except that 5% of the fee paid of $25.00, whichever,is greater, shall be retained by the City. A refund on similar terms shall be made in sudh cases of any plan - checking fee paid under subsection (b) haneof, except that no refund shall be made if the City hat; caused-the plans to be checked." (f) Paragraph (a) of Section 305 is' amended to read as follows: Special Inspections. (a) Genera.. In addition to the inspections to be made as specified in Section 304, the owner or his agent shall employ a special. inspector Kho shall be present at all times during construction on the following types of. world: (1) Concrete: On concrete worm when the design is based on an "f'c" in excess of 2000 pounds. (2) Masonry: Masonry work shall have special inspec- tion when required in Chapter 24. (3) Welding: On all structural welding. (4) Reinforced Gypsum Concrete: When cast-in-place reinforced gypsum concrete is being mixed or deposited. (5) Special Cases: On special construction or wnrk involving unusual hazards or requiring constant inspection. (6) Mechanical Equipment and Accessories: All equipment and installations installed under a building permit or mechanical permit shall be inspected by the Mechanical Inspector, or Building Official or a special inspector designated and approved by either of them. Inspections shall be made during construction before enclosure or concealment of any equipment and accessory nateri.als, etc. Ii.nal inspection and operating tests shell. be Lace before unconditional occupancy of the building is permitted. Final test reports must be submitted with final. inspection. Ordinance 404 Page Six EXCEPTION: The Building Offilci.ai may waive the regV..Lrer-.ent for the employment of a special inspector if lie fines that the construction or work is such that no unusual hazard e=i.sts. (g) Section 306 is renumbered Section 307 and a new Section 306 is added as follows: follows: follows: Section 306. (a) Engineer's Certif?•cation. upon comgleti.on of any structure for which a building per -mit. was regtLl ed, the Building Official may require that he be furnished with a certi- fication, by an engineer licensed by tho state 'to practice as such, to the effect that work on the structure was do-no in yull co,jD14-ance with the Minnesota Heating, Ventilating, Air Condition inf; and Refrigeration Code and all other applicable City mechanical. ordinances. (b) Builder's Certification_. Upon completion o£ .any one or two family homes, the builder thereof shaD. furnish to the Building Official a certification to the effect that the work cone thereon was don a in full compliance with all applicable provisions of the M.S-BC and City ordinanger;,, . . ,(h) Paragraph (a) of the new Section 307 is amended to read as (a) Use or OccjMMcy. No building or structure in Groups A to I, iaclusive, shall be used or occupied, and no change in the existing occuparacy classification of a building or structure or portion thereof shall be mare until the Building Official has issued a Certificate of OccuP��cy therefor as provided herein. (i) Paragraph (c) of the new Section 307 is amended to read as (a) Certificate Issued. Mter final inspection white it is fomd that the building or structure complies with the provisions of this Code, and rfter the Buiidilig Official has received certifications, ii regz ?Ared, from a mechanical. Engineer and the builder, and after he has received certifications frora the Chief of the City's Fire Department, the City Public Health Sanitarian, the City p1wObjug Laspecto::, the City Mechanical Inspector, and the City Planner that the building or structure corylies with all :laws, ordinances and regulations which they are respectively charged with %be duty of administering or enforcing, the Building Official shall issue a Certificate of Occupancy which shall contain the following: (1) The Building tpei mit nuobe c— (2) one address of the building (3) The name and address of the oWW:* (4) A description of that portion of the building for which the certificate was issued. Ordinance 404 Page Seven (5) A statement that the described portion of the building complies with the requirements o:c this Code for group and division of occupancy and tha use for which the proposed occupancy is classified. (6) The name of the Building Official. Sec. 6. Appendix of UBC Adopted in Part. There is adopted and incorporated herein by reference, as an ordinance of the City, Chapters 1.3, 38, 48, and 49 from the Appendix of the UBC, with, however:, the following change: (a) Paragraph (c) of Section 133.3 is amended to reed as follows: "(c) Eighteen months after written notice to the record owner from the Building Inspector, every building falling within its scope shall be vacated until Trade to conform to the requirements of this Section." Sec. 7. Code on File. Three copies of the UBC, witk� all appendices, marked "Official Copy," are on file in the office of the Clerk and sh,31 remain on file for use and examination by the public. 'the Clerk shall furnish copies of the UBC, with appendices, at cost to any person upon request. Sea. 8. AWeadices of Minnesota Plumbin Code Adopted. Mere is adopted and incorporated herein by reference, as an Ordinance of the City, Appendices A, C, D and F of the Ninnesota Pltunbing Code ac adopted by reference by and made a part of the MISBC. Sec. 9. Code on File. Three copies of the Minnesota Plumbing Code, and its appendices, marked "Official Copy" are on file in the Office of the Clerk and shall remain on file for use and examination by the public. The Clerk shall furnish copies of such Code and appendices at cost to any person upon request. Sec. 10. Appeals to Building Construction Appeals Board. Any person who deems him-self aggrieved by any order, requirement, permit; decision, refusal or determination made by the Building Official, any person ref.•erred to in - paragraph. (B) of Sec. 202 of Chapter 2 of the UBC, the City Plumbing Inspector, the City Mechanical Inspector, the Chief of the Fire Department or the Public health San.ita;:ian in the application or administration of the ordinances of the City regulating construction, alteration, moving or demolition of buildings, the consti- uetion, installation, alteration or removal of pluwbing, gas piping or equipment, water softening or filtering equipment, o'° heating, ventilating, air conditioning or refrigeration ccuip- ment, or the Lal' Lion, alteration or removal of electin cal ,siring or equipment:, may appeal therefrom to the Building Construction Appeals Board . created by Ordinance No. 402, except that all actions under Sac. 203 of Chapter 2 of the UBC shall be in accordance with Sections 3 thLouei 11, inclusive, o€ Ordinance No. 471. Ordinance 404 Page Eight Sec,. 11. Surface Water,j Denial of Permit. The Bui.:! dinar Official shall deny a permit for construction or Falargement of a dwelling cja "found vfnich is too low for adequate draining of surr.ace waters. Sec. .17a T'!'e4' Removal; Ztigit hlloldill oft:iiildi.ngLe?LEy E, `. ?:tie Building Official shall withhold building permits for any land-subject to the provisions of Grdinance No. 823 until the !-equiren_ents im-posed by that ordina=nce have been met. Sec. 13. Performance Pond for Landscaping7ork. In every case where landscaping is required by any ordinance of the City, or by are approval granted by the City pursuant to any ordinance of the City, for a builiding or structure to be constructed on arty property, the applicant for the building permit* shall file with the City Planner a performance Mond with a corporation approved by the City Council as surety therecn, in an amount to be determined by the City Planner, but for at least one and one -half, times the atno fat estimated by the City Planner as the cost of completing the required landscap- ing and not to exceed twice said amount, such bond to be in force; for..,at least two complete growing seasons subsequent to the completion of the required landscaping to insure proper planting acid growth and othe7 -rise to be in form grad .substance acceptable to the City Council. i or the purposes hereof, landscaping shall include screening ritlan to be done by the use of shrubs, hedges, bushes, or other growing things. No building permit shall be issued until -much bond, when required hereunder, is filed with 4he City Planner. Sec. 14. Additional.. Powers of Building Inspector. ° In addition to all other powers confer=red upon him by this Orc'�-sna -pace, the UBC or he XJSBC, as the Building Official, the Building Inspector shall also have the fo-a lu-c irig powers: (a) He may, in case of any violat-lon of this Ordinance, the UBC or the MSBC, serve upon the person, firm or co.;:ipL-,iy, which performed . the work or upon the owtier or occupant of the premises where the work was done, a written notice describing the Ideation and nature of t'he violation and the steps to be undertaken to remedy t:Xie violation, and ordering that such .steps be taken within a reasonable period from the date of such service, which shall not be le=ss than 5 days nor more than S0 days. €'a:zlufe by the party so served to remedy the violation within the period specified shall be deemed a violation of the ordinance. (b) Whenever the Building Inspec=tor has -reason to suspect that a building or structure which has not received any occupancy certificate is or may be used or occupied, he may post on such premises a notice stating that use or occupancy thereof is prohibited until such cel. t:ifica-Fte shall be issued, and that the notice may not be reirtoved except: by 4he Duildi?zg Inspector or someone authorized by him to do so. Any person who removes 511ch a sign without having been authorized to do so by -the Building inspector shall be deemed to have violated tii.is ordinance. Ordinance 404 Page Fine Sec. 15. Penalty. The penalty prov1.sion of Sec. 205 of Ciza?ter 2 of the i3BC as amended by Sec. 4 of this ordinance shall apply to any violation of this ordinance. See. 16. Repealer. Ordinance No. 403 is repealed in its entirety. Sec. 17. This ordinance shall be in full force and efbect immediately capon its passage and publication. r - A5, ORDINANCE NO. 471 -Ai AN ORDINANCE AMENDING ORDINANCE NO. 471 TO EXTEND ITS PROCEDURES TO UNSAFE BUILDINGS AND BUILDINGS IN VIOLATION OF APPLICABLE STANDARDS AND CODES ADOPTED BY THE CITY OF EDINA, TO AUTHORIZE ORDERS TO BE ISSUED BY THE BUILDING OFFICIAL AND THE BUREAU OF FIRE PREVENTION REQUIRING C011PLIA110E AND CORRECTION, TO ,AUTHORIZE THE BUILDING OFFICIAL AND THE BUREAU OF FIRE PREVENTION TO MAKE INSPECTIONS AND REPORTS AND RECOMMENDATIONS TO THE CITY COUNCIL, TO AUT110rYZE APPEALS TO THE CITY COUNCIL AND TO MODIFY THE STA- NDARDS FOR REPAIR, REMOVAL OR DEMOLITION. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Sec. 2 of Ordinance No. 471 is hereby amended by adding thereto the following paragraphs: (g) Any building deemed unsafe under Sec. 203 of Chapter 2 of the Uniform Building Code as adopted by Ordinance No. 404; (h) Any building in violation of any standard or code adopted by Ordinance No. 611. Sec. 2. Sec. 3 of Ordinance No. 471 is hereby amended to read as follows: "Sec. 3. Inspections and Orders; Appeals. (a) Whenever it shall come to the attention of the Building Official or any member of the Bureau of Fire Prevention (hereinafter together referred to as the 10Official ") by written complaint of any person or agency, or otherwise, that a building or structure is a dangerous or substandard building, the Official shall, in the course of his duties, cause an examination to be made of the building or structure and premises. In the execution of the inspection, he shall avail himself of the services of such other agencies, employees, departments and officers of the City as he deems necessary. Upon completion of the inspection, if it then appears that the building or structure is a dangerous or substandard building, the Official shall issue a written order to the owner or occupant thereof requiring repair, removal, demolition or compliance. (b) Any person whb deems himself aggrieved by any such order may appeal simh order to the City Council by filing a written appeal with the City Clerk within thirty (30) days of such order. Such appeal shall fully state the order appealed from, the date thereof, and the facts of the matter. Upon such an appeal being filed, the Official also shall make a written report, supplemented by written reports from the other agencies, employees, departments and officials called upon by him in the execution of the inspection, and submit the reports, together with his recommendations, augmented by the recommendations of the other agencies, employees, departments and officials called upon by him in the execution of the inspection, and submit the reports, together with his recommendations, augmented by the recommendations of the other agencies, employees, departments and officials Ordinance No. 471 -Al Page 2 involved in the inspection, to the Council. If no appeal be filed within said thirty (30) day period, the order shall be deemed final." Sec. 3. All references in said Ordinance No. 471 to "Buibding Official" are hereby deleted and "Official" is hereby inserted in lieu thereof. Sec. 4. Paragraph (a) of Sec. 8 of Ordinance No. 471 is hereby amended by adding thereto the following: 10For purposes of this ordinance the term '.repair' shall include any improvements necessary to make such building comply with the applicable ordinances of the City of Edina." Sec. 5. Paragraph (e) of Sec. 8. of Ordinance No. 471 is hereby amended to read as follows: "(e) In all cases where a dangerous or substandard building is a fire hazard, existing or erected in violation of the terms of this ordinance or any other ordinance of the City of Edina, or statute of the State of Minnesota, and cannot reasonably and economically be repaired pursuant to paragraph (a) of this Sec. 8, it shall be ordered to be removed or demolished." Sec. 6. This Ordinance shall be in full force and effect immediately upon its passage and publication. 1 ORDINANCE NO. 611 -A:, AN ORDINANCE AMENDING ORDINANCE NO. 611 TO PROVIDE FOR ENFORCEMENT BY THE BUILDING OFFICIAL, TO PROVIDE FOR THE METHOD OF ENFORCEMENT AND PROVIDING A PENALTY THE CITY COUNCIi: OF THE CITY OF EDINA, %MINNESOTA ORDAINS: Sectl.on 1. Sec. 6 of Ordinance No. 611 is hereby amended to read as follows: "Si..c. 6. Establishment of Bureau of Fire Prevention. (a) The Bureau of Fire Prevention is hereby established in the :dire Department of the City. It shall be operated under the supervision of the Chl.ef of the Fire Department, who shall be the chairman of the bureau. the members of the Bureau of Fire Prevention shall be the Chief of the Fire Department, the Assistant Chief of the Fire Department, and all xnspectirs of the Fire Department from time to time appointed by the Chief of the Fire Department. (b) The Chief of the Fire Department may appoint such members of VAe fire department as inspectors as shall from time to time be necessary. (c) A report of the Bureau of Fire Prevention shall be made a,nually and transmitted to the Manager. It shall contain all proceedings ,.nder this ordinance with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to this ordinance which in his judgment shall be desirable." Sec. 2. Sec. 7 of Ordinance No. 611 is hereby ended to read as follows: "Sec. 7. Enforcement; Appeals. The provisions of this ordinance shall be enforced by the Building Official and the Bureau of Fire Prevention. Enforcement shall be done, and appeals from any order made by the Building Official or Bureau of Fire Prevention, shah. be made pursuant to Sections 3 through -10, inclusive, of Ordinance Noe 471." Sec. 3. Sec. 8 of Ordinance No. 611 is hereby amended to read as follows: "Sec. 8. Interpretation; Repeals. The adoption of the codes and standards referred to in Section 1 hereof shall not repeal or supersede any ordinances of the City regulating the same subject nutter, but the pro- visions of said codes and standa -rds and of the ordinances of the City shall all be applicable. In the event that there is a conflict between the provisions of said codes and standards and ordinances of the City, the more restrictive provisions shall prevail, except t4hen there is a conflict between said codes and standards and the Building Code Ordinance of the City (Ordinance No. 404 and amendments thedeto),in which case the provisions of the Building Code Ordinance shall prevail." Ll Ordinance No. 611 --A1 Page 2 Sec. 4. The last sentence of Section 11 of Ordinance No. 611 is hereby amended to read as follows: "Each day's violation shall constitute a separate offense." Sec. 5. This Ordinance shall be in full force and effect immediately upon its passage and publication. ORDINANCE NO. 621-if AN ORDINANCE AAOMING ORDINANCE NO. 621 TO CHANGE THE REFERENCE PURSUANT TO WHICH FIRE ZONES ARE ESTABLISHED THE CITY COUNCIL OF THE CITY OF EDINA, 14INLUSOTA ORDAINS: Section 1. Section 1 of Ordinance No. 621 is hereby amended to read as follows: "Section -1. Fire Zones Established. For the purposes of Edina Ordinance No. 404 (the Building Code) the City of Edina is hereby divided into Fire Zones No. 1, No. 2 and No. 3, in accordance with the provisions of Chapter 16 of the 1973 Edition of the Uniform Building Code as published by the International Conference of Building Officials, which has been incorporated by reference into and made a part of the Minnesota State Building Code." Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. SUMMARY OF PROPOSED AMENDMENTS TO ORDINANCES 402, 404, 471, 611, AND 621 The above ordinance amendments will come before the Council on July 15. These amendmen *s at- for the purpose of accomplishing the fol- lowing: A. Conform our existing Building Code to the State Building Code as amended by the Commissioner of Administration on January 14, 1974. Ordinances 404 and 621•A -4 are for this purpose. B. Clarify the procedures for enforcement of the Building Code, especially those provisions relating to unsafe buildings as defined in Sec. 203 of the 1973 editiod of the Uniform Building Code, and provide a uniform system of enforcement of said Stec. 203 and the Fire Code and other adopted standards and codes. Ordinances 402 -A -29 471 -A -1, and 611 -A -1 are for this purpose. C. Authorize both the Bureau of Fire Prevention and the Building Official to issue order: for enforcement of the Building Code and Fire Code. Ordinances 471 -A -1 and 611 -A -1 and Subparagraph (a) of Sec. 3 of Ordinance 404 are for this purpose. The proposed amendments, as to the accomplishments set out at B and C above, can be summarized as follows: The Building Official or the Bureau of Fire Prevention may..enforce any provisions of.the Building Code, Fire Code, or Ordinance 471 (relating to dangerous and substandard buildings). All appeals from orders relating to building violations, except orders under Sec. 203 (unsafe buildings), Ordinance 471 (dangerous and substandard buildings), or Ordinance 611 (Fire and other codes), shall be heard by the Building Codes Constructicn Commission, with appeal to the City Council. Orders under Sec. 203, Ordinance 471, or Ordinance 611 are all handled pursuant to Ordinance No. 471 and may be issued by the Building Official or the Bureau of Fire Prevention, and appeals are taken directly to the Council. By placing both the unsafe building provisions of the Building Code and the fire prevention provisions under Ordinance 471, and providing for the same method of enforcement, we can avoid making a decision in the event of any given violation, such as, for example, Clancy's'Drug Store sprinkler system, as to whether Edina's Fire Code-or its Building Code applies. In the event of such a violation, either the Bureau of Fire Pre- vention or the Building Official may issue an order requiring compliance with the City's Fire Code, or, in the alternative, requiring rehabilitation of an unsafe building under Sec. 203 of the UBC. The procedure for enforce- ment of either of said violations would be the same, and if the State should decide that our Fire Code does not apply, we would have followed the pro- cedures under the UBC also. Although the State Department of Administration has opined that tEi City's Fire Code has been superseded by the Building Code, this question has not yet been determined by the courts and is, in fact, now the subject of litigation in the Minnesota Supreme Court. There- fore, until a definitive answer-is given as to whether or not our Fire Code applies, we should rontinue to enforce it, but at the same time proceed under the parallel provisions of Sec. 203 of the UBC so that we can require compliance under either or both of the ordinance provisions in the same proceeding.