HomeMy WebLinkAbout2004-08-17 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
AUGUST 17,2004
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh,Hovland,Masica and Mayor Maetzold.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Housh and seconded by
Member Masica approving the Council Consent Agenda as presented.
Rollcall:
Ayes: Housh,Hovland,Masica,Maetzold
Motion carried.
SISTER KENNY INSTITUTE GOLF PROGRAM FOR INDIVIDUALS WITH PHYSICAL
DISABILITIES DAY PROCLAIMED Mayor Maetzold indicated that the Sister Kenny Institute Golf
Program for Individuals with Physical Disabilities will celebrate its 25th Anniversary on Monday
August 30,2004. He encouraged residents to support the Sister Kenny Program by participating in the
golf program that provides for instructional outreach and educational clinics.
Member Masica made a motion approving August 30,2004,as Sister Kenny Institute Golf Program
for Individuals with Physical Disabilities Day in Edina. Member Housh seconded the motion.
Ayes: Housh, Hovland,Masica,Maetzold
Motion carried.
"MICKEY MOUSE" DAY PROCLAIMED Mayor Maetzold explained that the Walt Disney
Company was honoring Mickey Mouse's 75th Anniversary with an 18-month celebration that began in
November 2003 at the Walt Disney World Resort with the unveiling of 75 uniquely designed, 700-
pound, six-foot-tall Mickey statues. He proclaimed August 21, 2004, as "Mickey Mouse Day" in the
City of Edina and encouraged all residents to celebrate the one-of-a-kind mouse with the memorable
exhibit in the Galleria in Edina, one of 10 cities across the United States.
Member Housh made a motion approving August 21,2004,as "Mickey Mouse Day" in the City of
Edina. Member Masica seconded the motion.
Ayes:Housh,Masica,Maetzold
Motion carried.
*MINUTES OF THE REGULAR MEETING OF AUGUST 3, 2004, APPROVED Motion made by
Member Housh and seconded by Member Masica, approving the Minutes of the Regular Meeting
of the Edina City Council for August 3,2004.
Motion carried on rollcall vote-four ayes.
RESOLUTION NO. 2004-74, VACATION OF ALLEY APPROVED - 308 BLAKE ROAD Affidavits
of Publication were presented and ordered placed on file.
Presentation by Engineer
Engineer Houle explained a request had been received by the owner of the property at 308 Blake
Road (Lot 9 and part of Lot 8, Block 4 of Mendelssohn) to vacate the existing alleyway. He said the
homeowner's shed had been constructed on a portion of alleyway to avoid a large tree. The north
portion of the alleyway was vacated in 1958 for unknown reasons. The south alleyway transverses an
existing storm water pond. The Utilities and Centerpoint Energy do not object to this vacation. Xcel
Energy, Qwest and Time Warner Cable approve the vacation conditioned upon retaining all utility
Page 1
Minutes/Edina City Council/August 17,2004
easements due to their utilities being located on power poles in the location. Mr. Houle indicated staff
recommends the vacation be approved on condition that all existing utility easements are retained.
Member Hovland made a motion to close the public hearing, seconded by Member Masica.
Ayes:Housh,Hovland,Masica,Maetzold
Motion carried.
Member Hovland introduced the following resolution and moved its adoption:
RESOLUTION NO.2004-74
ALLEY VACATION
308 BLAKE ROAD
WHEREAS, a motion of the City Council on the 20th day of July, 2004, fixed a date for a
public hearing on a proposed vacation of an alleyway;and
WHEREAS, two weeks published and posted notice of said hearing was given and the
hearing was held on August 17, 2004, at which time all persons desiring to be heard were given an
opportunity to be heard thereon;and
WHEREAS,the Council deems it to be in the best interest of the City and of the public that
said vacation be made;and
WHEREAS, the Council considered the extent the vacation affects existing easements
within the area of the vacation and the extent to which the vacation affects the authority of any
person, corporation, or municipality owning or controlling electric, telephone or cable television
poles and lines;or water pipes,mains, and hydrants on or under the area of the proposed vacation
to continue maintaining the same, or to enter upon such easement area or portion thereof be
maintained,repaired,replaced,removed or otherwise attended thereto;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Edina,Hennepin
County, Minnesota, that the following described alleyway be vacated and all existing utility
easements located adjacent to Lots 2,3,8,and 9 of Block 4,Mendelssohn be retained.
That part of the sixteen-foot alley adjacent to and between Lots 2, 3, 8 and 9, Block 4 of
Mendelssohn, according to the recorded plat thereof, Hennepin County, Minnesota. Said
vacation lies north of the south line of the north 30 feet of said Lot 8 and south of the north
line of said Lots 2 and 9.
BE IT FURTHER RESOLVED that the vacation of the alleyway is conditioned upon
retaining all existing utility easements for the existing utility lines and poles located on the
property.
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a
notion of completion of proceedings to be prepared, entered in.the transfer record of the County
Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section
412.851.
Passed and adopted this 17th day of August,2004.
Rollcall:
Ayes: Housh, Hovland,Masica, Maetzold
Motion carried.
*TECHNICAL CORRECTION TO WALLINGFORD ADDITION FINAL PLAT (5101 WEST 70TH
STREET) RESOLUTION NO. 2004-73 AND ORDINANCE NO. 850-A25 Motion made by Member
Housh and seconded by Member Masica approving the technical correction to the Wallingford
Addition Final Plat(5101 West 70th Street) as follows:
RESOLUTION NO.2004-73
5101 WEST 70TH STREET
BE IT RESOLVED by the City Council of the City of Edina,Minnesota,that that certain plat
entitled, "WALLINGFORD ADDITION", platted by The Wallingford Partnership, L.L.P., a
Minnesota limited liability partnership and presented at the regular meeting of the City Council
on July 20,2004,be and is hereby granted final plat approval.
Page 2
I
Minutes/Edina City Council/August 17,2004
Adopted this 17th day of August 2004.
ORDINANCE NO. 850-A-25
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850)
BY REZONING PROPERTY TO
PLANNED RESIDENCE DISTRICT-4
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA,ORDAINS:
Section 1. Subsection 850.06 of Section 850 of the Edina City Code is amended by adding the
following thereto:
The extent of the Planned Residence District 4, PRD-4 is enlarged by the addition of the following
described property:
That part of Lot 1, Block 1, METRAM 1sT ADDITION, embraced within Lot 15,
Block 1, EDINA INTERCHANGE CENTER THIRD ADDITION, according to the
recorded plat thereof,Hennepin County,Minnesota.
and
That part of Lot 1, Block 1, METRAM 1sT ADDITION, according to the recorded plat
thereof, Hennepin County, Minnesota, lying easterly of the east line of Lot 15, Block
1,EDINA INTERCHANGE CENTER THIRD ADDITION, according to the recorded
plat thereof,Hennepin County,Minnesota.
The extent of the Planned Residence District 3 PRD-3 is reduced by removing the property
described above.
Section 2. Effective Date: This Ordinance shall be in full force and effect upon adoption and
publication according to the law.
Adopted this 17th day of August 2004.
First Reading: April 7, 2004
Second Reading: July 20,2004
Published:
Attest: : r.� e�{�,�
Debra A. Mange , ity� erk Dennis F. Maetzold, Mayor
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
ORDINANCE NO. 850-11 ADOPTED - AMENDING EDINA CODE SECTION 850.21
FLOODPLAIN REGULATIONS Affidavits of Publication were presented and ordered placed on file.
Planner Larsen explained that in order for the City to participate in the flood insurance program, the
City must adopt the new amendments as provided by the Federal Emergency Management Agency
(FEMA). Adoption of the ordinance was mandatory in order to maintain flood insurance eligibility
for Edina property owners. Mr. Larsen said that the new ordinance was not much different from the
existing ordinance, which was also a FEMA model ordinance. Flood plain maps will be forthcoming,
as part of the updating process. Current maps are from 1980. Staff recommends approval of the
amendment, which has been reviewed and modified by the City Attorney to conform to City Code
format.
Page 3
Minutes/Edina City Council/August 17,2004
Council Comment
Member Hovland asked how many properties are under the flood plain. Mr. Larsen explained he did
not have exact number of affected properties.
Member Masica inquired where the flood plains were located and whether banks would limit loans
on properties within the flood plain. Mr. Larsen explained the flood plains are primarily located
along Minnehaha and Nine Mile Creeks. He said that banks would not limit loans; it would be more
a questions of whether or not a property could receive a mortgage. Homeowners must obtain flood
insurance to obtain financing.
The Council briefly discussed the proposed ordinance and noted that it must be adopted in order for
Edina citizens to take advantage of the federal flood insurance program. Member Hovland made a
motion, seconded by Member Housh,closing the Public Hearing.
Ayes:Housh,Hovland,Masica,Maetzold
Motion carried.
Member Masica introduced the following Ordinance No. 850-11, Amending Edina Code Section
850.21 Floodplain Regulations and moved its adoption with a waiver of second reading.
ORDINANCE NO.2004-11
AMENDING SECTION 850.21
GENERAL FLOOD PLAIN DISTRICT
The City Council of the City of Edina ordains:
Section 1. Subsection 850.21 of the City Code is amended to read as follows:
"850.21 General Flood Plain District(FD).
Subd.1. Statutory Authorization,Findings Of Fact And Purpose
A Statutory Authorization: The legislature of the State of Minnesota has, in
Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to
local government units to adopt regulations designed to minimize flood losses.
Therefore,the Council does adopt this Subsection 850.21
B. Findings of Fact. In addition to the findings set forth in Subsection 850.01 of this
Code,its is hereby further found and declared that:
1. The flood hazard areas of the City are subject to periodic inundation
which results in potential loss of life, loss of property, health and safety
hazards, disruption of commerce and governmental services, extraordinary
public expenditures or flood protection and relief, and impairment of the tax
base, all of which adversely affect the public health, safety, and general
welfare.
2. Methods Used to Analyze Flood Hazards. This Subsection is based upon
a reasonable method of analyzing flood hazards,which is consistent with the
standards established by the Minnesota Department of Natural Resources.
3. National Flood Insurance Program Compliance. This Subsection is
adopted to comply with the rules and regulations of the National Flood
Insurance Program codified as 44 Code of Federal Regulations Parts 59-78, as
Page 4
Minutes/Edina City Council/August 17,2004
amended, so as to maintain the community's eligibility in the National Flood
Insurance Program.
C. Statement of Purpose: It is the purpose of this Subsection 850.21 to promote the
public health, safety, and general welfare and to minimize those losses described in
Subd. 1. of Paragraph B. of Subd. 1 of this Subsection 850.21 by provisions
contained herein.
Subd. 2. DEFINITIONS. The words and phrases used in this Subsection 850.21 shall be
interpreted so as to give them the same meaning as they have in common usage and so as to
give this subsection its most reasonable application. However, they shall be subject to the
rules of construction and definitions in Subsection 850.03 and, to the extent defined below
shall have the following meanings for purposes of this Subsection
Accessory Use or Structure. As defined in Subsection 850.03.
Basement. Any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of
excavation below ground level. This definition shall apply only to this Subsection
850.21 and for purposes of this Subsection, this definition shall control over the
definition in Subsection 850.03.
Conditional Use. As defined in Subsection 850.03.
Equal Degree of Encroachment. A method of determining the location of floodway
boundaries so that flood plain lands on both sides of a stream are capable of
conveying a proportionate share of flood flows.
Flood. A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
Flood Frequency. The frequency for which it is expected that a specific flood stage
or discharge may be equaled or exceeded.
Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe
is synonymous with the term "floodway fringe" used in the Flood Insurance Study
for the City developed by the Federal Emergency Management Agency.
Flood Plain. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
Flood Proofing. A combination of structural provisions, changes, or adjustments to
properties and structures subject to flooding, primarily for the reduction or
elimination of flood damages.
Floodway. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store
the regional flood discharge.
Lowest Floor. The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood resistant enclosure, used solely for parking of vehicles,
building access, or storage in an area other than a basement area, is not considered a
building's lowest floor.
Page 5
Minutes/Edina City Council/August 17,2004
Manufactured Home. A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without a permanent
foundation when attached to the required utilities. The term "manufactured home"
does not include the term "recreational vehicle."
Map. The Official Flood Plain Zoning Map described in Subd. 3 of this Subsection
850.21.
Obstruction. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any
channel,watercourse,or regulatory flood plain which may impede,retard,or change
the direction of the flow of water, either in itself or by catching or collecting debris
carried by such water.
Principal Use or Structure. Means all uses or structures that are not accessory uses
or structures.
Reach. A hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man-made obstruction. In an urban area, the
segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach.
Recreational Vehicle. A vehicle that is built on a single chassis,is 400 square feet or
less when measured at the largest horizontal projection, is designed to be self-
propelled or permanently towable by a light duty truck, and is designed primarily
not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use. For the purposes of this Subsection,
the term recreational vehicle shall be synonymous with the term travel trailer/travel
vehicle.
Regional Flood. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be
expected to occur on an average frequency in the magnitude of the 100-year
recurrence interval. Regional flood is synonymous with the term "base flood" used
in the Flood Insurance Study prepared for the City.
Regulatory Flood Protection Elevation. The regulatory flood protection elevation
shall be an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the flood
plain that result from designation of a floodway.
Structure. As defined in Subsection 850.03.
Substantial Damage. Damage of any origin sustained by a structure where the cost
of restoring the structure to its before damaged condition would equal or exceed 50
percent of the market value of the structure before the damage occurred.
Substantial Improvement. Within any consecutive 365-day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair
after damage,addition,or other improvement of a structure,the cost of which equals
or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
Page 6
Minutes/Edina City Council/August 17,2004
"substantial damage," regardless of the actual repair work performed. The term
does not,however,include either:
(a) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions.
(b) Any alteration of an "historic structure," provided that the alteration will not
preclude the structure's continued designation as an "historic structure." For the
purpose of this Subsection, "historic structure" shall be as defined in Code of
Federal Regulations,Part 59.1.
Variance. Means a modification of a specific permitted development standard
required by any section of this Code, including this Subsection 850.21, to allow an
alternative development standard not stated as acceptable in the applicable section
of this Code, but only as applied to a particular property for the purpose of
alleviating an undue hardship,as defined and elaborated upon in Subsection 850.04.
Subd.3. General Provisions
A. Lands to Which Subsection Applies: This Subsection shall apply to all lands
within the jurisdiction of the City shown on the Official Floodplain Zoning Map
(hereinafter described) and/or the attachments thereto as being located within the
boundaries of the Floodway,Flood Fringe,or General Flood Plain Districts.
B. Establishment of Official Floodplain Zoning Map. The Map,a composite copy of
which, reduced in size, is appended to this Code, together with all materials
attached thereto is hereby adopted by reference and declared to be a part of this
Subsection 850.21. The attached material shall include the Flood Insurance Study,
Volume 1 of 2 and Volume 2 of 2, Hennepin County, Minnesota, All Jurisdictions
and the Flood Insurance Rate Map panels numbered 27053C0342E, 27053C0344E,
27053C0361E, 27053C0362E, 27053C0363E, 27053C0364E, 27053C0432E, 27053C0451E,
AND 27053C0452E for the City, dated September 2, 2004, as developed by the
Federal Emergency Management Agency. The Map shall be on file in the office of
the Planner.
C. Regulatory Flood Protection Elevation: The regulatory flood protection elevation
shall be an elevation no lower than one foot above the elevation of the regional
flood plus any increases in flood elevation caused by encroachments on the flood
plain that result from designation of a floodway.
D. Interpretation:
1. In their interpretation and application, the provisions of this Subsection
850.21 shall be held to be minimum requirements and shall be liberally
construed in favor of the City and shall not be deemed a limitation or repeal
of any other powers granted by applicable ordinances or state law.
2. The boundaries of the zoning districts shall be determined by scaling
distances on the Map. Where interpretation is needed as to the exact location
of the boundaries of the district as shown on the Map, as for example where
there appears to be a conflict between a mapped boundary and actual field
conditions and there is a formal appeal of the decision of the Planner, the
Board shall make the necessary interpretation. All decisions will be based
Page 7
Minutes/Edina City Council/August 17,2004
on elevations on the regional (100-year) flood profile, the ground elevations
that existed on the site at the time the City adopted its initial floodplain
ordinance, and other available technical data. Persons contesting the location
of the district boundaries shall be given a reasonable opportunity to present
their case to the Board and to submit technical evidence.
E. Abrogation and Greater Restrictions: It is not intended by this Subsection 850.21
to repeal,abrogate,or impair any existing easements,covenants,or deed restrictions.
However, where this Subsection imposes greater restrictions, the provisions of this
Subsection shall prevail.
F. Warning and Disclaimer of Liability: This Subsection 850.21 does not imply that
areas outside the flood plain districts or land uses permitted within such districts
will be free from flooding or flood damages. This Subsection shall not create
liability on the part of the City or any officer or employee thereof for any flood
damages that result from reliance on this Subsection or any City action taken or
administrative Board,Commission or Council decision lawfully made thereunder.
G. Other Zoning Districts and Provisions: The inclusion of land within the
General Flood Plain District shall not change or affect, in any way, the uses allowed
on, and the restrictions and requirements then or thereafter applicable to, the land
under any other zoning classification in which the land is then or thereafter located,
all of which shall continue to apply, but the additional restrictions of the General
Flood Plain District shall also apply to such land. Where the provisions in this
Subsection 850.21 are inconsistent with or contradictory to the provisions in any
other section of this Code, then the most stringent provisions shall apply and be
complied with.
H. Severability: If any section, clause, provision, or portion of this Subsection is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the
remainder of this Subsection shall not be affected thereby.
Subd.4 Establishment Of Zoning Districts
A. Districts.
1. Floodway District (F V). The Floodway District shall include those areas
designated as floodway on the Map.
2. Flood Fringe District (FF). The Flood Fringe District shall include those
areas designated as floodway fringe. The Flood Fringe District shall include
those areas shown on the Map as being within Zone AE, Zone A0, or Zone
AH but being located outside of the floodway.
3. General Flood Plain District (FD). The General Flood Plain District shall
include those areas designated as Zone A or Zones AE,Zone A0, or Zone AH
without a floodway on the Map.
B. Compliance. No new structure or land shall hereafter be used and no structure
shall be constructed, located, extended, converted, or structurally altered without
full compliance with the terms of this Subsection and other applicable regulations
which apply to uses within the jurisdiction of this Code. Within the Hoodway
District, Flood Fringe District and General Flood Plain District, all uses not listed as
Page 8
Minutes/Edina City Council/August 17,2004
permitted uses or conditional uses in Subds. 5, 6 and 7 of this Subsection 850.21,
shall be prohibited. In addition,a caution is provided here that:
1. New manufactured homes and replacement manufactured homes are
subject to the general provisions of this Section 850 and specifically Subd. 10
of this Subsection 850.21.
2. Modifications, additions, structural alterations, normal maintenance and
repair, or repair after damage to existing nonconforming structures and
nonconforming uses of structures or land are regulated by the general
provisions of this Section 850 and specifically Subd. 12 of this Subsection
850.21.
3. As-built elevations for elevated or flood proofed structures must be
certified by ground surveys and flood proofing techniques must be designed
and certified by a registered professional engineer or architect as specified in
the general provisions of this Code and specifically as stated in Subd. 11 of
this Subsection 850.21.
4. Mobile homes and mobile home parks, and recreational vehicles are
prohibited in the Floodway District(FV).
Subd.5 Floodway District (F4)
A. Permitted Uses. The following uses are permitted in the Floodway District if
they comply with the standards set out in paragraph B. of this Subd.5:
1. General farming, pasture, grazing, outdoor plant nurseries, horticulture,
truck farming,forestry,sod farming,and wild crop harvesting.
2. Industrial-commercial loading areas, parking areas, and airport landing
strips.
3. Private and public golf courses, tennis courts, driving ranges, archery
ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting
preserves, target ranges, trap and skeet ranges, hunting and fishing areas,
and single or multiple purpose recreational trails.
4. Residential lawns,gardens,parking areas,and play areas.
B. Standards for Floodway District Permitted Uses.
1. The use shall be a permitted use in the underlying zoning district
established by this Subsection 5.
2. The use shall have a low flood damage potential.
3. The use shall be permissible in the underlying zoning district if one
exists.
4. The use shall not obstruct flood flows or increase flood elevations and
shall not involve structures, fill, obstructions, excavations or storage of
materials or equipment.
Page 9
Minutes/Edina City Council/August 17,2004
C. Conditional Uses. The following uses are conditional uses in the Floodway
District and shall be allowed only if they comply with the standards set out in
paragraph D. of this Subd. 5 and then only pursuant to the issuance of a conditional
use permit.
1 Structures accessory to the uses listed in paragraph A above and the uses
listed in subparagraphs 2-7 below.
2 Extraction and storage of sand,gravel,and other materials.
3 Marinas,boat rentals, docks,piers,wharves,and water control structures.
4. Railroads,streets,bridges,utility transmission lines,and pipelines.
5. Storage yards for equipment,machinery,or materials.
6. Placement of fill or construction of fences.
7. Structural works for flood control such as levees, dikes and floodwalls
constructed to any height where the intent is to protect individual structures
and levees or dikes where the intent is to protect agricultural crops for a
frequency flood event equal to or less than the 10-year frequency flood event.
D. Standards for Floodway District Conditional Uses:
1. All Uses. No structure (temporary or permanent), fill (including fill for
roads and levees), deposit, obstruction, storage of materials or equipment, or
other uses may be allowed as a conditional use that will cause any increase in
the stage of the 100-year or regional flood or cause an increase in flood
damages in the reach or reaches affected.
2. All floodway conditional uses shall be subject to the procedures and
standards contained in paragraph D. of Subd.11 of this Subsection 850.21.
3. The conditional use shall be permissible in the underlying zoning district
established by this Section 850.
4. Fill:
a. fill, dredge spoil,and all other similar materials deposited or stored
in the flood plain shall be protected from erosion by vegetative cover,
mulching,riprap or other acceptable method.
b. dredge spoil sites and sand and gravel operations shall not be
allowed in the floodway unless a long-term site development plan is
submitted which includes an erosion/sedimentation prevention
element to the plan.
c. as an alternative, and consistent with subparagraph b. immediately
above, dredge spoil disposal and sand and gravel operations may
allow temporary, on-site storage of fill or other materials which would
have caused an increase to the stage of the 100-year or regional flood
but only after the City has received an appropriate plan which assures
the removal of the materials from the floodway based upon the flood
warning time available. The conditional use permit must be title filed
Page 10
Minutes/Edina City Council/August 17,2004
for record against the property in the Hennepin County real estate
records.
5. Accessory Structures:
a. Accessory structures shall not be designed for human habitation.
b. Accessory structures, if permitted, shall be constructed and placed
on the building site so as to offer the minimum obstruction to the flow
of floodwaters:
(i) Whenever possible, structures shall be constructed with the
longitudinal axis parallel to the direction of flood flow;and
(ii) So far as practicable,structures shall be placed approximately
on the same flood flow lines as those of adjoining structures.
c. Accessory structures shall be elevated on fill or structurally dry
flood proofed in accordance with the FP-1 or FP-2 flood proofing
classifications in the Building Code. As an alternative, an accessory
structure may be flood proofed to the FP-3 or FP-4 flood proofing
classification in the Building Code provided the accessory structure
constitutes a minimal investment, does not exceed 500 square feet in
size at its largest projection, and for a detached garage, the detached
garage must be used solely for parking of vehicles and limited storage.
All flood proofed accessory structures must meet the following
additional standards:
(i) The structure must be adequately anchored to prevent
flotation,collapse or lateral movement of the structure and shall be
designed to equalize hydrostatic flood forces on exterior walls;
(ii) Any mechanical and utility equipment in a structure must be
elevated to or above the regulatory flood protection elevation or
properly flood proofed,and
(iii) To allow for the equalization of hydrostatic pressure, there
must be a minimum of two "automatic" openings in the outside
walls of the structure having a total net area of not less than one
square inch for every square foot of enclosed area subject to
flooding. There must be openings on at least two sides of the
structure and the bottom of all openings must be no higher than
one foot above the lowest adjacent grade to the structure. Using
human intervention to open a garage door prior to flooding will
not satisfy this requirement for automatic openings.
6. Storage of Materials and Equipment:
a. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood
warning and in accordance with a plan approved by the Planner.
Page 11
Minutes/Edina City Council/August 17,2004
7. Structural works for flood control that will change the course, current or
cross section of protected wetlands or public waters shall be subject to the
provisions of Minnesota Statute, Chapter 103G. Community-wide structural
works for flood control intended to remove areas from the regulatory flood
plain shall not be allowed in the floodway.
8. A levee, dike or floodwall constructed in the floodway shall not cause an
increase to the 100-year or regional flood and the technical analysis must
assume equal conveyance or storage loss on both sides of a stream.
Subd.6 Flood Fringe District(FF)
A. Permitted Uses: Permitted uses shall be those uses of land or structures listed as
permitted uses in the underlying zoning use districts established by this Section
850. All permitted uses shall comply with the standards listed in paragraphs B. and
E.of this Subd. 6.
B. Standards for Flood Fringe District Permitted Uses:
1. All structures, including accessory structures, must be elevated on fill so
that the lowest floor including basement floor is at or above the regulatory
flood protection elevation. The finished fill elevation for structures shall be
no lower than one (1) foot below the regulatory flood protection elevation
and the fill shall extend at such elevation at least fifteen (15) feet beyond the
outside limits of the structure erected thereon.
2. As an alternative to elevation on fill, accessory structures that constitute a
minimal investment and that do not exceed 500 square feet at its largest
projection may be internally flood proofed in accordance with part c. of
subparagraph 5. of paragraph D. of Subd.5 of this Subsection 850.21.
3. The cumulative placement of fill where at any one time in excess of one-
thousand (1,000) cubic yards of fill is located on the parcel shall be allowable
only as a conditional use, unless said fill is specifically intended to elevate a
structure in accordance with subparagraph 1. of paragraph B. of this Subd. 6.
4. The storage of any materials or equipment shall be elevated on fill to the
regulatory flood protection elevation.
5. The provisions of paragraph E. of this Subd. 6 shall apply.
C. Conditional Uses: Any structure that is not elevated on fill or flood proofed in
accordance with subparagraphs 1. and 2. of paragraph B. of this Subd. 6 and or any
use of land that does not comply with the standards in subparagraphs 3. and 4. of
paragraph B. of this Subd. 6 shall only be allowable as a conditional use and then
only if pursuant to the issuance of a conditional use permit. An application for a
conditional use shall be subject to the standards and criteria and evaluation
procedures specified in paragraphs D. and E. of this Subd 6 and paragraph D. of
Subd.11 of this Subsection 850.21.
D. Standards for Flood Fringe District Conditional Uses.
1. Alternative elevation methods other than the use of fill may be utilized to
elevate a structure's lowest floor above the regulatory flood protection
Page 12
Minutes/Edina City Council/August 17,2004
elevation. These alternative methods may include the use of stilts, pilings,
parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or
tuck under garages. The base or floor of an enclosed area shall be considered
above-grade and not a structure's basement or lowest floor if: 1) the enclosed
area is above-grade on at least one side of the structure; 2) it is designed to
internally flood and is constructed with flood resistant materials; and 3) it is
used solely for parking of vehicles, building access or storage. The above-
noted alternative elevation methods are subject to the following additional
standards:
a. Design and Certification - The structure's design and as-built
condition must be certified by a registered professional engineer or
architect as being in compliance with the general design standards of
the Building Code and, specifically, that all electrical, heating,
ventilation, plumbing and air conditioning equipment and other
service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or
accumulating within these components during times of flooding.
b. Specific Standards for Above-grade, Enclosed Areas - Above-
grade,fully enclosed areas such as crawl spaces or tuck under garages
must be designed to internally flood and the design plans must
stipulate:
(i) A minimum area of automatic openings in the walls where
internal flooding is to be used as a flood proofing technique.
There shall be a minimum of two openings on at least two sides of
the structure and the bottom of all openings shall be no higher
than one-foot above grade. The automatic openings shall have a
minimum net area of not less than one square inch for every
square foot subject to flooding unless a registered professional
engineer or architect certifies that a smaller net area would suffice.
The automatic openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they permit the
automatic entry and exit of flood waters without any form of
human intervention;and
(ii) That the enclosed area will be designed of flood resistant
materials in accordance with the FP-3 or FP-4 classifications in the
Building Code and shall be used solely for building access,
parking of vehicles or storage.
2. Basements shall be subject to the following:
a. Residential basement construction shall not be allowed below the
regulatory flood protection elevation.
b. Non-residential basements may be allowed below the regulatory
flood protection elevation provided the basement is structurally dry
flood proofed in accordance with subparagraph 3. of paragraph D. of
Subd 6 of this Subsection.
3. All areas of non-residential structures including basements to be placed
below the regulatory flood protection elevation shall be flood proofed in
Page 13
Minutes/Edina City Council/August 17,2004
accordance with the structurally dry flood proofing classifications in the
Building Code. Structurally dry flood proofing must meet the FP-1 or FP-2
flood proofing classification in the Building Code and this shall require
making the structure watertight with the walls substantially impermeable to
the passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
Structures flood proofed to the FP-3 or FP-4 classification shall not be
permitted.
4. When at any one time more than 1,000 cubic yards of fill or other similar
material is located on a parcel for such activities as on-site storage,
landscaping, sand and gravel operations, landfills, roads, dredge spoil
disposal or construction of flood control works, an erosion/sedimentation
control plan must be submitted to the Planner. The plan must clearly specify
methods to be used to stabilize the fill on site for a flood event at a minimum
of the 100-year or regional flood event. The plan must be prepared and
certified by a registered professional engineer or other qualified individual
acceptable to the Planner. The plan may incorporate alternative procedures
for removal of the material from the flood plain if adequate flood warning
time exists.
5. Storage of Materials and Equipment:
a. The storage or processing of materials that are, in time of flooding,
flammable, explosive, or potentially injurious to human, animal, or
plant life is prohibited.
b. Storage of other materials or equipment may be allowed if readily
removable from the area within the time available after a flood
warning and in accordance with a plan approved by the Governing
Body.
6. The provisions of paragraph E. of Subd. 6 of this Subsection shall also
apply.
E. Standards for All Flood Fringe District Uses.
1. All new principal structures must have vehicular access at or above an
elevation not more than two (2) feet below the regulatory flood protection
elevation. If a variance to this requirement is granted, the Board must
specify limitations on the period of use or occupancy of the structure for
times of flooding and only after determining that adequate flood warning
time and local flood emergency response procedures exist.
2. Accessory commercial uses of land, such as yards, railroad tracks, and
parking lots may be at elevations lower than the regulatory flood protection
elevation. However, a permit for such facilities to be used by the employees
or the general public shall not be granted in the absence of a flood warning
system that provides adequate time for evacuation if the area would be
inundated to a depth and velocity such that when multiplying the depth (in
feet) times velocity (in feet per second) the product number exceeds four (4)
upon occurrence of the regional flood.
3. For manufacturing and industrial uses measures shall be taken to
minimize interference with normal plant operations especially along streams
Page 14
Minutes/Edina Cif Council/August 17,2004
having protracted flood durations. Certain accessory land uses such as yards
and parking lots may be at lower elevations subject to requirements set out
in subparagraph 2. of paragraph E. above. In considering permit
applications, due consideration shall be given to needs of an industry whose
business requires that it be located in flood plain areas.
4. Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover or other acceptable method.
The Federal Emergency Management Agency(FEMA) has established criteria
for removing the special flood hazard area designation for certain structures
properly elevated on fill above the 100-year flood elevation, FEMA's
requirements incorporate specific fill compaction and side slope protection
standards for multi-structure or multi-lot developments. These standards
should be investigated prior to the initiation of site preparation if a change of
special flood hazard area designation will be requested.
5. Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other encroachment
limit has not been specified on the Map.
6. Standards for recreational vehicles are contained in Subsection 1046.03
and shall apply in the Flood Fringe (FF).
7. All manufactured homes must be securely anchored to an adequately
anchored foundation system that resists flotation, collapse and lateral
movement. Methods of anchoring may include, but are not to be limited to,
use of over-the-top or frame ties to ground anchors. This requirement is in
addition to applicable state or local anchoring requirements for resisting
wind forces.
8. No use shall be allowed as a permitted or conditional use unless such use
has received all required approvals from all other governmental bodies
having jurisdiction.
Subd. 7. General Flood Plain District(FD)
A. Permissible Uses. The following uses are permitted in the General Flood Plain
District:
1. The uses listed in paragraph A. of Subd 5 of this Subsection 850.21 shall
be permitted uses.
2 All other uses shall be subject to the floodway/flood fringe evaluation
criteria pursuant paragraph B. below. Subd. 5 of this Subsection 850.21 shall
apply if the proposed use is in the Floodway District and Subd. 6 of this
Subsection 850.21 shall apply if the proposed use is in the Flood Fringe
District.
B. Procedures for Floodway District and Flood Fringe District Determinations
Within the General Flood Plain District.
1. Upon receipt of an application for a permit or other approval within the
General Flood Plain District, the applicant shall be required to furnish such
Page 15
Minutes/Edina City Council/Au ,gust 17,2004
of the following information as is deemed necessary by the Planner for the
determination of the regulatory flood protection elevation and whether the
proposed use is within the Floodway District or Flood Fringe District.
a. A typical valley cross-section(s) showing the channel of the stream,
elevation of land areas adjoining each side of the channel, cross-
sectional areas to be occupied by the proposed development,and high
water information.
b. Plan (surface view) showing elevations or contours of the ground,
pertinent structure, fill, or storage elevations, the size, location, and
spatial arrangement of all proposed and existing structures on the site,
and the location and elevations of streets.
c. Photographs showing existing land uses, vegetation upstream and
downstream,and soil types.
d. Profile showing the slope of the bottom of the channel or flow line
of the stream for at least 500 feet in either direction from the proposed
development.
2 The applicant shall be responsible to submit one copy of the above
information to a designated engineer or other expert person or agency for
technical assistance in determining whether the proposed use is in the
Floodway District or Flood Fringe District and to determine the regulatory
flood protection elevation. Procedures consistent with Minnesota
Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal
Regulations Part 65 shall be followed in this expert evaluation. The
designated engineer or expert is strongly encouraged to discuss the proposed
technical evaluation methodology with the respective Department of Natural
Resources' Area Hydrologist prior to commencing the analysis. The
designated engineer or expert shall:
a. Estimate the peak discharge of the regional flood.
b. Calculate the water surface profile of the regional flood based
upon a hydraulic analysis of the stream channel and overbank areas.
c. Compute the floodway necessary to convey or store the regional
flood without increasing flood stages more than 0.5 foot. A lesser
stage increase than .5' shall be required if, as a result of the additional
stage increase, increased flood damages would result. An equal
degree of encroachment on both sides of the stream within the reach
shall be assumed in computing floodway boundaries.
3. The Planner shall present the technical evaluation and findings of the
designated engineer or expert to the Council. The Council must formally
accept the technical evaluation and the recommended Floodway District
and/or Flood Fringe District boundary or deny the permit application. The
Council, prior to official action, may submit the application and all
supporting data and analyses to the Federal Emergency Management Agency,
the Department of Natural Resources or the Planning Commission for review
and comment. Once the Floodway and Flood Fringe District Boundaries
have been determined, the Council shall refer the matter back to the Planner
Page 16
Minutes/Edina Ci!y Council/August 17,2004
who shall process the permit application consistent with the applicable
provisions of Subds. 5 and 6 of this Subsection.
Subd. 8 Subdivisions.
A. Review Criteria: No land shall be platted or subdivided, as defined in Section
810 of this Code, which is unsuitable for the reason of flooding, inadequate
drainage, water supply or sewage treatment facilities. All lots within the General
Flood Plain District shall be able to contain a building site outside of the Floodway
District at or above the regulatory flood protection elevation. All subdivisions shall
have water and sewage treatment facilities that comply with the provisions of this
Subsection and have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection
elevation. For all subdivisions in the flood plain, the Floodway District and Flood
Fringe District boundaries, the regulatory flood protection elevation and the
required elevation of all access roads shall be clearly labeled on all required
subdivision drawings and platting documents.
B. Floodway/Flood Fringe Determinations in the General Flood Plain District: In
the General Flood Plain District, applicants shall provide the information required
in paragraph B. of Subd. 7 of this Subsection 850.21 to determine the 100-year flood
elevation, the Floodway District and Flood Fringe District boundaries and the
regulatory flood protection elevation for the subdivision site.
C. Removal of Special Flood Hazard Area Designation: The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special flood
hazard area designation for certain structures properly elevated on fill above the
100-year flood elevation. FEMA's requirements incorporate specific fill compaction
and side slope protection standards for multi-structure or multi-lot developments.
These standards should be investigated prior to the initiation of site preparation if a
change of special flood hazard area designation will be requested.
Subd. 9 Public Utilities, Railroads, Roads,And Bridges.
A. Public Utilities. All public utilities and facilities such as gas, electrical, sewer,
and water supply systems to be located in the flood plain shall be flood proofed in
accordance with the Building Code or elevated to above the regulatory flood
protection elevation.
B. Public Transportation Facilities. Railroad tracks, roads, and bridges to be
located within the flood plain shall comply with Subd. 5 and 6 of this Subsection
850.21. Elevation to the regulatory flood protection elevation shall be provided
where failure or interruption of these transportation facilities would result in
danger to the public health or safety or where such facilities are essential to the
orderly functioning of the area. Minor or auxiliary roads or railroads may be
constructed at a lower elevation where failure or interruption of transportation
services would not endanger the public health or safety.
C. On-site Sewage Treatment and Water Supply Systems: Where public utilities
are not provided: 1) On-site water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the systems; and 2) New or replacement
on-site sewage treatment systems must be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from the systems into
flood waters and they shall not be subject to impairment or contamination during
times of flooding. Any sewage treatment system designed in accordance with the
Page 17
Minutes/Edina City Council/August 17,2004
State's current statewide standards for on-site sewage treatment systems shall be
determined to be in compliance with this Subsection 850.21.
Subd.10 Manufactured Homes.
A. The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located in flood
plain districts will be treated as a new structure and may be placed only if elevated
in compliance with Subd. 6 of this Subsection 850.21. If vehicular road access for
pre-existing manufactured home parks is not provided in accordance with
subparagraph 1. of paragraph E. of Subd. 6 of this Subsection 850.21, then
replacement manufactured homes will not be allowed until the property owner(s)
develops a flood warning emergency plan acceptable to the Governing Body.
B. All manufactured homes must be securely anchored to an adequately anchored
foundation system that resists flotation,collapse and lateral movement. Methods of
anchoring may include,but are not to be limited to,use of over-the-top or frame ties
to ground anchors. This requirement is in addition to applicable state or local
anchoring requirements for resisting wind forces.
Subd. 11 Administration
A. Planner: The Planner shall administer and enforce this Subsection. If the
Planner finds a violation of the provisions of this Subsection the Planner shall
notify the person responsible for such violation in accordance with the procedures
stated in Subd.13 of the Subsection 850.21.
B. Permit Requirements:
1. Permit Required. A permit issued by the Planner in conformation with
the provisions of this Subsection 850.21 shall be obtained prior to the
erection, addition, modification, rehabilitation (including normal
maintenance and repair), or alteration of any building, structure, or portion
thereof; prior to the use or change of use of a building, structure, or land;
prior to the construction of a dam,fence, or on-site septic system;prior to the
change or extension of a nonconforming use;prior to the repair of a structure
that has been damaged by flood,fire,tornado, or any other source; and prior
to the placement of fill, excavation of materials, or the storage of materials or
equipment within the flood plain.
2 Application for Permit. Application for a permit shall be made in
duplicate to the Planner on forms furnished by the Planner and shall include
the following where applicable: plans in duplicate drawn to scale, showing
the nature, location, dimensions, and elevations of the lot; existing or
proposed structures, fill, or storage of materials; and the location of the
foregoing in relation to the stream channel.
3. State and Federal Permits. Prior to granting a permit or processing an
application for a conditional use permit or variance, the Planner shall
determine that the applicant has obtained all necessary state and federal
permits.
4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming
Use. It shall be unlawful to use, occupy, or permit the use or occupancy of
Page 18
Minutes/Edina City Council/August 17,2004
any building or premises or part thereof hereafter created, erected, changed,
converted, altered, or enlarged in its use or structure until a certificate of
zoning compliance shall have been issued by the Planner stating that the use
of the building or land conforms to the requirements of this Subsection.
5. Construction and Use to be as Provided on Applications, Plans, Permits,
Variances and Certificates of Zoning Compliance. Permits, conditional use
permits, or certificates of zoning compliance issued on the basis of approved
plans and applications authorize only the use, arrangement,and construction
set forth in such approved plans and applications, and no other use,
arrangement, or construction. Any use, arrangement, or construction at
variance with that authorized shall be deemed a violation of this Subsection,
and punishable as provided by Subd. 13 of this Subsection 850.21.
6. Certification. The applicant shall be required to submit certification by a
registered professional engineer, registered architect, or registered land
surveyor that the finished fill and building elevations were accomplished in
compliance with the provisions of this Subsection. Flood proofing measures
shall be certified by a registered professional engineer or registered architect.
7. Record of First Floor Elevation. The Planner shall maintain a record of
the elevation of the lowest floor (including basement) of all new structures
and alterations or additions to existing structures in the flood plain. The
Planner shall also maintain a record of the elevation to which structures or
alterations and additions to structures are flood proofed.
8. Notifications for Watercourse Alterations. The Planner shall notify, in
riverine situations, adjacent communities and the Commissioner of the
Department of Natural Resources prior to the community authorizing any
alteration or relocation of a watercourse. If the applicant has applied for a
permit to work in the beds of public waters pursuant to Minnesota Statute,
Chapter 103G, this shall suffice as adequate notice to the Commissioner of
Natural Resources. A copy of said notification shall also be submitted to the
Chicago Regional Office of the Federal Emergency Management Agency
(FEMA).
9. Notification to FEMA When Physical Changes Increase or Decrease the
100-year Flood Elevation. As soon as is practicable, but not later than six (6)
months after the date such supporting information becomes available, the
Planner shall notify the Chicago Regional Office of FEMA of the changes by
submitting a copy of said technical or scientific data.
C. Board of Approvals:
1. Rules. The Board shall adopt rules for the conduct of business and may
exercise all of the powers conferred on such Board by State law.
2. Administrative Review. The Board shall hear and decide appeals where it
is alleged there is error in any order, requirement, decision, or determination
made by an administrative official in the enforcement or administration of
this Subsection, and all requests for variances in connection with this
Subsection 850.21, in the same manner, including notices, as it hears and
decides appeals and requests for variances under Subsection 850.04, except as
otherwise provided herein.
Page 19
Minutes/Edina City Council/August 17,2004
3. Variances. The Board may authorize variances from the terms of this
Subsection only in the event that strict enforcement of the literal provisions
of this Subsection 850.21 will cause undue hardship because of circumstances
unique to the individual property under consideration and only if the action
will be in keeping with the spirit and intent of this Subsection 850. Undue
hardship shall have the same meaning and shall be interpreted in the same
way, as in Subd. 1 of Subsection 850.04. In the granting of such variance,the
Board shall clearly identify in writing the specific conditions that existed
consistent with the criteria specified in this Subsection 850.21 and Section
850.04,and in the respective enabling legislation that justified the granting of
the variance. No variance shall have the effect of allowing in any district
uses prohibited in that district, permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular area, or
permit standards lower than those required by state law. The following
additional variance criteria of the Federal Emergency Management Agency
must be satisfied:
a. Variances shall not be issued by a community within any
designated regulatory floodway if any increase in flood levels during
the base flood discharge would result.
b. Variances shall only be issued by a community upon (i) a showing
of good and sufficient cause, (ii) a determination that failure to grant
the variance would result in exceptional hardship to the applicant,
and (iii) a determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
Subsections.
C. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
4. Hearings. Upon filing with the Board of an appeal from a decision of the
Planner, or an application for a variance, the Board shall hold a hearing
therein as provided in Subd. 1 of Subsection 850.04. The Board shall submit
by mail to the Commissioner of Natural Resources a copy of the application
for proposed variances sufficiently in advance so that the Commissioner will
receive at least ten days notice of the hearing.
5. Decisions. The Board shall arrive at a decision on such appeal or variance
as provided in Subd. 1 of Subsection 850.04. In passing upon an appeal, the
Board may,so long as such action is in conformity with the provisions of this
Subsection, reverse or affirm, wholly or in part, or modify the order,
requirement, decision or determination of the Planner or other public
official. It shall make its decision in writing setting forth the findings of fact
and the reasons for its decisions. In granting a variance the Board may
prescribe appropriate conditions and safeguards such as those specified in
subparagraph 6 of paragraph D of Subd. 11 of this Subsection 850.21, which
are in conformity with the purposes of this Subsection. Violations of such
conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this Subsection 850.21
Page 20
Minutes/Edina City Council/August 17,2004
punishable under Subd. 13 of this Subsection 850.21. A copy of all decisions
granting variances shall be forwarded by mail to the Commissioner of
Natural Resources within ten (10) days of such action.
6. Appeals. Appeals from any decision of the Board may be made, and as
specified in Subd. 1 of Subsection 850.04.
7. Flood Insurance Notice and Record Keeping. The Planner shall notify the
applicant for a variance that: 1) The issuance of a variance to construct a
structure below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and 2) Such construction below the 100-year or regional flood level
increases risks to life and property. Such notification shall be maintained
with a record of all variance actions. A community shall maintain a record of
all variance actions, including justification for their issuance,and report such
variances issued in its annual or biennial report submitted to the
Administrator of the National Flood Insurance Program.
D. Conditional Uses.
1. Notice to Commissioner. Upon filing with the City of an application for a
conditional use permit,the City shall submit by mail to the Commissioner of
Natural Resources a copy of the application for proposed conditional use
sufficiently in advance so that the Commissioner will receive at least ten
days notice of the hearing.
2. Planning Commission. The Commission shall hear all requests for
conditional use permits under this Subsection 850.21, and shall make its
recommendation to the Council, in the same manner, including notices, as it
hears and reviews applications for conditional use permits under Subsection
850.04.
3. Council. The Council shall hear all requests for conditional use permits
under this Subsection 850.21, and shall make its decision thereon, in the
same manner, including notices, and subject to the same requirements and
conditions, as it hears and decides upon applications for conditional use
permits under Subsection 850.04. In granting a conditional use permit the
City Council shall prescribe appropriate conditions and safeguards, in
addition to those specified in subparagraph 6. of paragraph D. of Subd. 11 of
this subsection, which are in conformity with the purposes of this
Subsection. Violations of such conditions and safeguards,when made a part
of the terms under which the conditional use permit is granted, shall be
deemed a violation of this Subsection punishable under Subd. 13 of this
Subsection. A copy of all decisions granting conditional use permits shall be
forwarded by mail to the Commissioner of Natural Resources within ten (10)
days of such action.
4. Procedures to be followed by the City Council in Passing on Conditional
Use Permit Applications Within all Flood Plain Districts.
a. Require the applicant to furnish such of the following information
and additional information as deemed necessary by the City Council
for determining the suitability of the particular site for the proposed
use:
Page 21
Minutes/Edina City Council/August 17,2004
(i) Plans in triplicate drawn to scale showing the nature,
location, dimensions, and elevation of the lot, existing or proposed
structures, fill, storage of materials, flood proofing measures, and
the relationship of the above to the location of the stream channel;
and
(ii) Specifications for building construction and materials, flood
proofing,filling, dredging, grading, channel improvement, storage
of materials,water supply and sanitary facilities.
b. Transmit one copy of the information described in subparagraph
a. above to a designated engineer or other expert person or agency for
technical assistance, where necessary, in evaluating the proposed
project in relation to flood heights and velocities, the seriousness of
flood damage to the use,the adequacy of the plans for protection, and
other technical matters.
c. Based upon the technical evaluation of the designated engineer or
expert, the Council shall determine the specific flood hazard at the
site and evaluate the suitability of the proposed use in relation to the
flood hazard.
5. Factors Upon Which the Decision of the Council Shall Be Based. In
passing upon conditional use applications, the Council shall consider all
relevant factors specified in other sections of this Subsection 850.21,and:
a. The danger to life and property due to increased flood heights or
velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block bridges,
culverts or other hydraulic structures.
c. The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
d. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owner.
e. The importance of the services provided by the proposed facility
to the community.
f. The requirements of the facility for a waterfront location.
g. The availability of alternative locations not subject to flooding for
the proposed use.
h. The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
i. The relationship of the proposed use to the comprehensive plan
and flood plain management program for the area.
Page 22
Minutes/Edina City Council/August 17,2004
j. The safety of access to the property in times of flood for ordinary
and emergency vehicles.
k. The expected heights,velocity, duration, rate of rise, and sediment
transport of the flood waters expected at the site.
1. Such other factors which are relevant to the purposes of this
Subsection.
6. Conditions Attached to Conditional Use Permits. Upon consideration of
the factors listed above and the purpose of this Subsection 850.21, the City
Council shall attach such conditions to the granting of conditional use
permits, as it deems necessary to fulfill the purposes of this Subsection
850.21. Such conditions may include,but are not limited to,the following:
a. Modification of waste treatment and water supply facilities.
b. Limitations on period of use, occupancy,and operation.
c. Imposition of operational controls,sureties,and deed restrictions.
d. Requirements for construction of channel modifications,
compensatory storage, dikes,levees,and other protective measures.
e. Flood proofing measures, in accordance with the Building Code
and this Subsection. The applicant shall submit a plan or document
certified by a registered professional engineer or architect that the
flood proofing measures are consistent with the regulatory flood
protection elevation and associated flood factors for the particular
area.
Subd. 12. Nonconforming Uses.
A. A structure or the use of a structure or premises which was lawful before the
passage or amendment of this Subsection but which is not in conformity with the
provisions of this Subsection may be continued subject to the following conditions.
Historic structures, as defined in Subd.2 of this Subsection 850.21 shall be subject to
the provisions of subparagraphs 1. - 5. of paragraph A. of Subd. 12 of this
Subsection 850.21.
1. No such use shall be expanded, changed, enlarged, or altered in a way
that increases its nonconformity.
2. Any structural alteration or addition to a nonconforming structure or
nonconforming use which would result in increasing the flood damage
potential of that structure or use shall be protected to the Regulatory Flood
Protection Elevation in accordance with any of the elevation on fill or flood
proofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications)
allowable in the Building Code, except as further restricted in subparagraphs
3. - 6. below.
3. The cost of any structural alterations or additions to any nonconforming
structure over the life of the structure shall not exceed 50 percent of the
market value of the structure unless the conditions of this Section are
Page 23
Minutes/Edina City Council/August 17,2004
satisfied. The cost of all structural alterations and additions constructed
since the adoption of the Community's initial flood plain controls must be
calculated into today's current cost which will include all costs such as
construction materials and a reasonable cost placed on all manpower or
labor. If the current cost of all previous and proposed alterations and
additions exceeds 50 percent of the current market value of the structure,
then the structure must meet the standards of Subd. 5 and 6 of this
Subsection for new structures depending upon whether the structure is in
the Floodway or Flood Fringe District,respectively.
4. If any nonconforming use is discontinued for 12 consecutive months, any
future use of the building premises shall conform to this Subsection. The
Assessor shall notify the Planner in writing if aware of instances of
nonconforming uses that have been discontinued for a period of 12 months.
5. If this is substantial damage to any nonconforming use or structure, it
shall not be reconstructed except in conformity with the provisions of this
Subsection 850.21. The applicable provisions for establishing new uses or
new structures in Subd. 5, 6 and 7 of this Subsection 850.21 will apply
depending upon whether the use or structure is in the Floodway District,
Flood Fringe District or General Flood Plain District,respectively.
6. If a substantial improvement occurs from any combination of a building
addition to the outside dimensions of the existing building or a
rehabilitation, reconstruction, alteration, or other improvement to the inside
dimensions of an existing nonconforming building, then the building
addition (as required by subparagraph 2 above) and the existing
nonconforming building must meet the requirements of Subd.5 and 6 of this
Subsection 850.21 for new structures, depending upon whether the structure
is in the Floodway or Flood Fringe District,respectively.
Subd.13 Penalties For Violation
A. The provisions, penalties and remedies set out in Subsection 850.04 shall apply
to any violation of the provisions of this Subsection 850.21.
B. Nothing herein contained shall prevent the City from taking such other lawful
action as is necessary to prevent or remedy any violation. Such actions may include
but are not limited to:
1. In responding to a suspected violation of this Subsection 850.21, the
Planner and City may utilize the full array of enforcement actions available
to it including but not limited to prosecution and fines, injunctions, after-
the-fact permits, orders for corrective measures or a request to the National
Flood Insurance Program for denial of flood insurance availability to the
guilty party. The City must act in good faithAo enforce these official controls
and to correct violations of this Subsection 850.21 to the extent possible so as
not to jeopardize its eligibility in the National Flood Insurance Program.
2. When a violation of this Subsection 850.21 is either discovered by or
brought to the attention of the Planner, the Planner shall immediately
investigate the situation and document the nature and extent of the violation
of the official control. As soon as is reasonably possible, this information
will be submitted to the appropriate Department of Natural Resources' and
Page 24
Minutes/Edina City Council/August 17,2004
Federal Emergency Management Agency Regional Office along with the
City's plan of action to correct the violation to the degree possible.
3. The Planner shall notify the suspected party of the requirements of this
Subsection 850.21 and all other official controls and the nature and extent of
the suspected violation of these controls. If the structure and/or use is under
construction or development, the Planner may order the construction or
development immediately halted until a proper permit or approval is granted
by the City. If the construction or development is already completed, then
the Planner may either: (1) issue an order identifying the corrective actions
that must be made within a specified time period to bring the use or structure
into compliance with the official controls; or (2) notify the responsible party
to apply for an after-the-fact permit/development approval within a specified
period of time not to exceed 30-days.
4. If the responsible party does not appropriately respond to the Planner
within the specified period of time, each additional day that lapses shall
constitute an additional violation of this Subsection and shall be prosecuted
accordingly. The Planner shall also upon the lapse of the specified response
period notify the landowner to restore the land to the condition, which
existed prior to the violation of this Subsection.
Subd. 14 AMENDMENTS
A. The flood plain designation on the Map shall not be removed from flood plain
areas unless it can be shown that the designation is in error or that the area has been
filled to or above the elevation of the regulatory flood protection elevation and is
contiguous to lands outside the flood plain. Special exceptions to this rule may be
permitted by the Commissioner of Natural Resources if he determines that, through
other measures,lands are adequately protected for the intended use.
B. All amendments to this Subsection, including amendments to the Map,must be
submitted to and approved by the Commissioner of Natural Resources prior to
adoption. Changes in the Map must meet the Federal Emergency Management
Agency's (FEMA) Technical Conditions and Criteria and must receive prior
FEMA approval before adoption. The Commissioner of Natural Resources
must be given 10-days written notice of all hearings to consider an amendment
to this Subsection and said notice shall include a draft of the amendment to this
Subsection 850.21 or technical study under consideration.
Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after
its passage and approval and publication,as required by law.
First Reading: August 17,2004
Second Reading: Waived
Publication: September 9, 2004
AttestI`'_
Debra A. Mangen, City Clerk Dennis F. Maetzold,Mayo
Rollcall:
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
Page 25
Minutes/Edina City Council/August 17,2004
RESOLUTION NO. 2004-PRELIMINARY REZONING AND PRELIMINARY PLAT APPROVED -
5125 49TH STREET WEST (MARK JONES/rHEA LUCY MARSHALL) Affidavits of Publication were
presented and ordered placed on file.
Planner Larsen explained that the subject property was located at 5125 49th Street West. The
proponent was requesting a rezoning and replat of the subject property from R-1 to PRD-3 allowing
the redevelopment of the property with five (5) townhouse units. Mr. Larsen noted the proposed
redevelopment with townhomes was consistent with the Comprehensive Plan, which designates the
site as suitable for low density residential. No variances are required, however the plan at five (5)
units was too dense, relative to the neighboring properties. Staff recommends preliminary rezoning
and preliminary plat subject to: 1)final rezoning,2) final plat,3) elimination of one unit,4)vacation of
Pukwana Lane, 5) Watershed District permits, 6) Developers Agreement, and 7) provision of two
guest parking spaces.
Council Comments:
Member Masica said the property was narrow and asked how much green space would be left. Mr.
Larsen noted that the property has a lot of vegetation as well as the adjacent property owner was
installing a retaining wall.
Member Hovland asked about the proposed landscaping on the property. Mr. Larsen explained that
the landscaping would be reviewed and approved when the proponent came back for final approval.
Member Masica asked the proponent how committed he was to developing the property as proposed.
Proponent Comment
Mark Jones, 4805 School Road, stated he was 90% sure the development would be built as it was
currently designed with minor modifications. Mr. Jones said he was working on vacating the
Pukwana right-of-way and acquiring some railroad right of way,which would add to the green space
on the property.
Public Comment
Neal Anderson, 5112 West 49th Street, stated he owned the house directly across the street from the
proposed development. He expressed his concern that he will be looking at asphalt when he had
been looking at green space.
Jerry O'Brien, 5125 49th Street West, noted he had sent a letter and reiterated his concern that the
retaining wall on the property line separating his property from the proponent's property be
maintained and that he be afforded the same opportunity for development if he choose to re-develop
his property.
Member Housh made a motion closing the public hearing,seconded by Member Hovland.
Ayes: Housh,Hovland,Masica,Maetzold
Motion carried.
Member Housh stated he thought the proposed development was an interesting use of the lot and
would be a good addition to the neighborhood.
Member Hovland agreed with Member Housh adding the he thought it would be a good buffer to the
neighborhood.
Mayor Maetzold agreed with his colleagues that the proposed development would be an asset to the
community.
Page 26
Minutes/Edina City Council/August 17,2004
Member Housh introduced the following Resolution No. 2004-77 and moved their adoption
granting preliminary rezoning and preliminary plat of a five-unit townhouse development located
at 5125 49th Street West conditioned upon; 1) final rezoning;2) final plat, 3) developer's agreement,
4) watershed district permit, 5) vacation of Pukwana right-of-way, 6) provision of guest parking;
and 7) special attention to landscaping facing 5112 49th Street West:
RESOLUTION NO. 2004-77
APPROVING PUKWANA TOWNHOMES
PRELIMINARY PLAT
BE IT RESOLVED by the City Council of the City of Edina,Minnesota,that that certain plat
entitled, "PUKWANA TOWNHOMES", platted by Thea Lucy Marshall, and presented at the
regular meeting of the City Council on August 17, 2004, be and is hereby granted preliminary plat
approval with seven conditions: 1) final rezoning; 2) final plat, 3) developer's agreement, 4)
watershed district permit, 5) vacation of Pukwana right-of-way, 6) provision of guest parking; and
7) special attention to landscaping facing 5112 49th Street West.
Passed and adopted this 17th day of August 2004.
Member Hovland seconded the motion.
Rollcall:
Ayes: Housh,Hovland,Masica,Maetzold
Motion carried.
Member Housh made a motion to grant first reading of Ordinance No. 850-A-26 approving the
preliminary rezoning of 5125 49th Street West subject to the following conditions: 1) final rezoning;
2) final plat, 3) developer's agreement, 4) watershed district permit, 5) vacation of Pukwana right-
of-way, 6) provision of guest parking;and 7) special attention to landscaping facing 5112 49th Street
West.
Member Hovland seconded the motion.
Rollcall:
Ayes: Housh, Hovland,Masica, Maetzold
Motion carried.
ORDINANCE NO. 850-12 AMENDING EDINA CODE SECTION 140 - CHANGING THE NAME
OF THE HUMAN RELATIONS COMMISSION Manager Hughes indicated the Human Relations
Commission has recommended the adoption of Ordinance No. 850-12, Amending Edina Code Section
140 to change the name of the Commission to the 'Edina Human Rights and Relations Commission'.
They believe the name change was more in line with State law and the names of similar commissions.
Staff recommends approval of the proposed name change.
Melvin Ogurak, said during a study of the Commissions by-laws, it was realized that the name did
not follow State law. The Commission requests approval of the name change as proposed.
Member Housh asked if the mission of the Commission would remain the same. Mr. Ogurak said the
mission would remain the same, only expanded with up- to-date law.
Following a brief discussion, Member Hovland made a motion approving Ordinance No. 850-12,
Amending Edina Code Section 140 - Changing the Name of the Human Relations Commission to
Edina Human Rights and Relations Commission,with a waiver of second reading as follows:
ORDINANCE NO. 2004-12
AN ORDINANCE AMENDING SUBSECTION 140
RENAMING THE EDINA HUMAN RELATIONS COMMISSION
The City Council of the City of Edina ordains:
Section 1. Subsection 140.02 is hereby amended to read as follows:
Page 27
Minutes/Edina City Council/August 17,2004
"140.01 Establishment. To further accomplishment of the above policies, the Human Rights
and Relations Commission(the Commission) is hereby established."
Section 2. Effective Date. This ordinance shall be in full force and effect after its
adoption and publication according to law.
First Reading: August 17,2004
Second Reading: Waived
Publication: September 16,2004
Attest: od� a I�
Debra A. Mangen,City Clerk Dennis F. Maetzold, Mayor
Member Masica seconded the motion.
Rollcall:
Ayes:Housh,Hovland,Masica,Maetzold
Motion carried.
TRAFFIC SAFETY STAFF REVIEW OF AUGUST 5, 2004, APPROVED Assistant City Engineer
Lillehaug explained that at the August 5, 2004, Traffic Safety meeting, several residents expressed an
interest in participating in the Council meeting of August 17, 2004. He presented a brief overview of
the City's STOP sign policy and concluded that when STOP signs are used as speed breakers, and
unwarrantly installed, a high incidence of drivers intentionally ignoring the STOP signs, creating a
greater risk.
Section B.2-Request for STOP signs on West 56th Street at Woodland Circle and/or Park Place
Mr. Lillehaug indicated a request to install STOP signs on West 56th Street at Woodland Circle (west)
and/or Park Place was received stating a concern of high traffic volumes, high speeds, safety of
pedestrians, and alleviating cut-through traffic. Staff recommends maintaining the existing STOP
signs in their existing locations, denial of the request to install STOP signs at additional locations on
West 56th Street for lack of warrants and referral of the issue to the Transportation Commission for
further consideration and implementation of possible traffic calming measures.
Laura Hemmer, 5601 Park Place, voiced concern with the traffic study taken during the summer
months and suggested it be re-taken during the school year. 54th Street and 58th Street are less
residential while 56th Street was residential and most driveways empty onto 56th Street. Member
Hovland inquired whether sidewalks would be appropriate in the area. Ms. Hemmer said some
residents were opposed to sidewalks.
Engineer Houle reiterated that the Transportation Commission was working on a policy plan, which
includes a neighborhood management plan for residents to study for traffic calming measures.
Mayor Maetzold encouraged Ms. Hemmer to acquire a petition for sidewalks.
Mike Sullivan, 81 Woodland Circle, said there must be concern with traffic in the area because of the
previous traffic studies. He stated the area has charm that a sidewalk could alter and he asked that a
solution be found. Mr. Sullivan inquired whether the City has any liability if a problem was not
solved. Member Housh the City was attempting to find a process to deal with traffic.
Scott Kelly, 96 Woodland Circle, suggested residents of 56th Street pay for the STOP signs at the
recommended locations. If, in six months, traffic and speeds have increased, the signs could be
pulled. Mr. Housh noted within the warrants STOP signs are not used to reduce volume or speed.
Member Masica inquired whether a temporary STOP or YIELD sign could be installed. Mr. Houle
noted that he would not recommend a YIELD sign as it was similar to a STOP sign and residents will
Page 28
Minutes/Edina City Council/August 17,2004
still roll through the intersection. Mr. Housh again stated that the City was attempting to find a
process to deal with traffic.
Member Hovland asked what the timeline was for the Transportation Commission to consider traffic
calming measures. Mr. Houle said if the Commission adopted the policy, and the Council
recommends adoption proposed to be in October, and after the neighborhood applies, solutions
would be sought during the winter for implementation in the summer.
Following a Council discussion, Mayor Maetzold made a motion to reverse the decision of Section
B.2, of the Traffic Safety Committee and approve installation of STOP signs on West 56th Street at
Woodland Circle (west) and/or Park Place for a period of six months. Member Masica seconded the
motion.
Ayes: Hovland,Masica,Maetzold
Nays: Housh
Motion carried.
Section B.3-Request to install a STOP sign on eastbound Hibiscus Avenue at West Shore Drive
Assistant Engineer Lillehaug said a request was received from a resident on West Shore Drive south
of Hibiscus Avenue with concerns of vehicle speeds and safety on West Shore Drive. The intersection
was not a typical, symmetrical intersection and exists with STOP signs on West Shore Drive to define
right-of-way for traffic. Staff recommends maintaining the existing STOP signs in their existing
locations and denial of the request to install a STOP sign on eastbound Hibiscus Avenue at West
Shore Drive for lack of warrants.
No public comments were forthcoming.
Section B. 4 - Request to install STOP signs (all-way STOP) at the intersection of South Knoll Drive
with View Lane
Assistant Engineer Lillehaug said a request was received for installation of STOP signs (all-way
STOP) at the intersection of South Knoll Drive with View Lane citing concerns with traffic volume
and speed and safety of pedestrians on South Knoll Drive. The intersection was a T-intersection with
a single STOP sign on View Lane. No accidents have been reported and staff believes sightlines are
acceptable. Staff recommends maintaining the existing STOP sign in its existing location on View
Lane and denial of the request to install an all way STOP at the intersection of South Knoll Drive with
View Lane for lack of warrants.
No public comments were forthcoming.
Section B.6 -Request to raise speed limits on Metro Boulevard and West 77th Street between Highway
100 and Parklawn Avenue
Wayne Carlson, 523 Coventry, said he works at 7400 Metro Boulevard and questioned if speeds on
Metro Boulevard and 77th Street could be raised to 35 MPH to be similar to the adjoining suburbs
speed limits. Mr. Lillehaug stated that a traffic review was completed on Metro Boulevard and due to
several horizontal curves on the roadway at present posted at 25 mph, staff feels that 30 mph was
adequately posted. He added that no current data was available for 77th Street and feels that 30 mph
was adequate due to lack of commercial access control.
Mr. Hovland inquired which Edina streets are posted higher than 35 mph in that area. Mr. Lillehaug
said France Avenue was posted, south of the Crosstown was 40 mph, West 78th Street was 35 mph,
Valley View Road to West Bush Lake Road was 35 mph to East Bush Lake Road, West 66th Street was
35 mph but it does not have the number of direct access driveways. Mr. Lillehaug noted in order to
change speed limits on streets, MnDOT would require a speed study and seldom do they change the
Page 29
Minutes/Edina City Council/August 17,2004
speed limit even with staff's recommendation. Staff recommended denial of the request to revise the
posted speed limit on Metro Boulevard and West 70th Street between Highway 100 and Parklawn
Avenue for lack of warrants and to help maintain safety within these roadway corridors.
Section B. 8 - Request for an all-way STOP at the intersection of Woodland Road West with St. Johns
Avenue and Fairfax Avenue
Assistant Engineer Lillehaug explained a re-request was received to only installing STOP signs on
Woodland Road and not on the north-south streets of St. Johns Avenue and Fairfax Avenue as
directed by the Council on July 20, 2004. The requestors believe signs are needed to control the speed
and volume of traffic on Woodland Road and Fairfax Avenue due to concerns of safety for
pedestrians and children in the area. Staff recommends denial of the request to install an all-way
STOP at the intersection of Woodland Road with St. Johns Avenue and Fairfax Avenue due to lack of
warrants. Staff also recommends removing the STOP signs on Woodland Road and installing YIELD
signs on St. Johns Avenue and Fairfax to remain consistent with engineering guidelines, policies and
warrants.
Member Masica suggested that sidewalks in the area would be a good idea. She further suggested
that the issue be continued until results of the removal of the STOP signs on Woodland Road and
installation of YIELD signs on St.Johns and Fairfax are known.
Member Hovland inquired whether the neighborhood has requested a petition for sidewalks. Mr.
Lillehaug responded no.
Member Housh indicated that at this location a portion of the sidewalk installation would be borne by
the school district.
Meg Ellefson,4524 West Woodland Road, said while she understands the reason for guidelines in the
placement of STOP signs, their intersection was unique. She presented graphics of the area and stated
safety was the reason for the request. With three schools in the immediate area, Woodland Road was
well used for walkers/biking to school and activities. Ms. Ellefson commented that other streets in the
area have received STOP signs and their traffic ADT was less than on Woodland Road.
Nancy Dalaska, 5705 Fairfax Avenue, voiced concern that the installation of STOP signs at the 2-way
east-west STOP signs on West Woodland Road has increased traffic on Fairfax Avenue.She suggested
installation of north-south STOP signs at the intersection to resolve the issue for the well being of
residents, vehicles and pedestrians on Fairfax Avenue. She elaborated there are four alternatives; 1)
no controls except the YIELD signs, 2) north-south STOP sign on Fairfax, 3) east-west two way STOP,
or 4) a four-way STOP.The existing east-west STOP was unacceptable to the residents of Fairfax.
John Telfer,5717 Hawkes Drive, inquired whether speed bumps have ever been considered in Edina.
Mr. Maetzold responded that the Traffic Commission would consider speed bumps as part of their
process of traffic calming.
Lou Mansky, 5701 Fairfax Avenue, indicated the intersection of Woodland and Fairfax was an
awkward intersection. While he believes that STOP signs do not stop traffic, they do slow it down.
John Ellefson, 4524 West Woodland Road, thanked the Council for the STOP sign and said he wished
it were a four-way STOP.
Linda Nemerov, 5713 Fairfax, stated the north south traffic on Fairfax was appalling and she voiced
concern that the cut-through traffic will get accustomed to this route and continue using it.
Page 30
Minutes/Edina City Council/August 17,2004
Mayor Maetzold noted when this issue was before the Council previously; it received a vote of two
members in favor of a four-way STOP and two members against a four-way STOP. The compromise
was a two-way STOP.
Mr. Housh said with the closure of Wooddale,there was bound to be more traffic.
Mr. Hovland suggested installing a four-way STOP for a six-month period while the Transportation
Commission gets organized.
Ms. Masica inquired whether the corner complies with the clear view ordinance. Mr. Lillehaug said
yes they do comply but STOP signs are still not warranted.
Mr. Hovland made a motion, seconded by Member Masica to close the public hearing.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
Mr. Hovland made a motion approving four-way STOP signs at the intersection of Woodland
Road with St. Johns Avenue and Fairfax Avenue for a period of six months. Mr. Housh seconded
the motion.
Ayes: Housh, Hovland, Masica, Maetzold
Motion carried.
Member Masica made a motion approving Section A, Section B. 1, 3,4,5, 6, continuance of Section
B. 7, and Section C of the Traffic Safety Staff Review of August 5, 2004. Member Housh seconded
the motion.
Ayes: Housh, Hovland,Masica, Maetzold
Motion carried.
TOBACCO-FREE PARK POLICY PRESENTED Manager Hughes informed the Council the Park
Board recommended, at their August meeting, that the Council adopt a policy that there be no
smoking during athletic events, games, practices and scrimmages, and that smoking not be permitted
in front of the entrance to Braemar Arena; however designate a smoking area away from the front
entrance at Braemar Arena. He pointed out that the policies would be a rule/regulation adopted by
the Park Director pursuant to Section 1230 of the City Code that provides that persons in violation
could be charged with a misdemeanor and potentially be prevented from revisiting the park if the
rule/regulation was violated.
Floyd Grabiel, 4817 Wilford Way, noted the Edina Park Board has examined this issue in detail and
the proposed policy serves the City, the parks and all residents. Currently, there are 44 cities in
Minnesota that have adopted tobacco free park policies.
Kathy Iverson, 6410 York Avenue, Chemical Health Coordinator for the City of Edina, noted that
within the audience there were Brownie Troops, Girl Scout Troops, Middle School Students, Heroes
Club Members, and Breck, Edina, and Benilde/St. Margaret's High School Students. She requested
that within the policy as proposed, all playgrounds, youth athletic fields,tennis courts, outdoor rinks,
all entrances to Braemar Arena, Rosland fishing pier, Arneson Acres, City owned walking trails,
Centennial Lakes Park, Fred Richards Executive Golf Course, and Braemar Golf Courses be
included/designated/signed as no smoking areas. She concluded that a consistent tobacco free policy
for all recreation facilities in Edina enhances the message to our youth that tobacco use was an
unacceptable behavior. Numerous organizations support the policy; American Heart Association,
American Lung Association, American Medical Association, Clean Air for Edina, Edina Chemical
Page 31
Minutes/Edina City Council/August 17,2004
Health Partners, League of Women Voters of Edina, Minnesota Medical Association and Minnesota
Women Physicians Association.
Brittany McFadden, Director of the Tobacco Free Recreation Program for Minnesota,said her job was
to track progress of tobacco free policies in parks at the city and county level. She presented a graphic
map depicting the 55 communities and one county in Minnesota that have adopted tobacco free
policies. She added that surrounding suburbs to Edina have already adopted a tobacco free policy.
Ms. McFadden said besides health concerns a reason to support this policy would be the positive
modeling by adults/coaches in the community as well as following the policy of most school districts
smoke free policy. She added that 'tobacco cops' do not patrol parks looking for violators, but was
self-policing such as the litter law or keeping a pet on a leash law.
Member Housh indicated he has been approached numerous times from residents about the smoking
at athletic events more than any other issue. He stated the City policy should be consistent with the
school policy and we should be sending a message that parks are a place for clean air. He suggested
that the policy be a ban in all parks with the exception of the regulation holes (27) at Braemar Golf
Course.
Member Masica said this was a reasonable, fair step. She believes that asking for voluntary
compliance was reasonable and should posting should be extended to the Centennial Lakes
Amphitheatre and playgrounds. Two goals have been accomplished, 1) reducing second hand smoke
at organized athletic events/games/practices/scrimmages and 2) positive role modeling has been
created.
Member Hovland stated, "As policymakers, we are responsible for protecting, preserving and
promoting the public health, safety and welfare of our citizens." There are numerous regulations on
the City parks regulating conduct and this would just be added to the list. Mr. Hovland said a
message should be portrayed to the youth that smoking was not acceptable. He concurred with Mr.
Housh that Braemar Golf Course should be exempt. The simplest way to handle this would be a 24/7
ban using Section 1230.06 giving the Park Director more power. Mr. Hovland questioned whether the
City should be in the business of selling tobacco products at City facilities and suggest the sales be
banned at the golf course and liquor stores.
Mr. Grabiel commented that he was not a smoker, nor does he own stock in a tobacco company and
supports a ban on smoking in a hotel room or restaurant. He voiced concern with a special interest
groups that may be more interested in preserving funding than in this proposed policy. He noted that
smoking was not illegal but why was the City supporting the selling of alcohol. Member Hovland
said he would not get ill from second hand liquor. Mr. Grabiel said there was no documentation that
'outside' cigarette use was a problem. He stated his belief that the Park Board has crafted a policy that
was fair to all residents of Edina.
Patty Marrinan, 3332 West 56th Street, speaking for her sons, Connor and Tim said that the boys have
adopted Chowen Park, under the "Adopt a Park" program. Every year the park becomes more
littered with tobacco residue. She noted that Centennial Lakes Park was a mess with tobacco residue
from nearby office workers. Her sons say the parks are a gift and should be cared for and respected.
Jo Ellen Dever, 7405 Oaklawn, a survivor of a heart-related illness, shared that she smoked for 18
years and she does not want to see anyone abuse his or her body with tobacco as she did.
Dr. Karen Tansek, 4410 Sunnyside Road, shared statistics about deaths attributed to second hand
smoke.
Page 32
Minutes/Edina City Council/August 17,2004
Mr. Grabiel noted at present there are too many golf courses and if smoking was banned on the 27
holes at Braemar,business at the course could suffer.
Bill Taylor, 6513 Navaho Trail, said he was a physician at Fairview Southdale, a member of the
Executive Board of Southdale, and was authorized to say that 1000 physicians at Southdale support a
complete,consistent ban on smoking in the parks.
Alice Hulbert, 7221 Tara Road, a member of the Edina Park Board, stated there are no secret agendas
or big money from outside;everything was open and important to all residents of Edina.
Pete Damel, 6700 Cornelia Drive, a pediatrician and member of the Hennepin Medical Society who
worked on reducing tobacco smoking in Minneapolis. The parks have rules and a ban on tobacco use
should be included within the rules.
Ralph Overholt, 6321 Rolf Avenue, gave three reasons smoking should be banned at Braemar Golf
Course, 1) employees at the course could be affected by second hand smoke, 2) health of the patrons
of the golf course,and 3)the proposed policy should be uniform across the City.
John Hulbert, 7221 Tara Road, plays golf at Braemar regularly and approves a complete ban of
smoking at Braemar.
Arlene Wilson, 4707 Townes Road, said in 1982, Norway passed a resolution seeking a smoke free
society by 2000. She believed the United States should have this as a goal as well and she was
influential in bringing health issues related to smoking to the forefront.
Mayor Maetzold asked Attorney Gilligan to formulate a motion for the proposal. Mr. Gilligan said, to
direct the Park Director to adopt the rules and regulations pursuant to Subsection 1230.06 of the Edina
City Code, prohibiting the use of all tobacco products in all City parks, other than the playing
grounds of the 27 regulation golf holes at Braemar Golf Course.
Mr. Hovland noted that exempting Braemar seems that the City has principals as long as it doesri t
cost any money. He favored a total exemption for all parks.
Ms. Masica indicated that cigarette companies spend enormous amounts of money to hook youthful
smokers. She feels conflicted with everyone having rights in reference to Braemar Golf Course but for
a consistent policy, she would approve a total ban.
Mayor Maetzold said he does not smoke or golf but he believes the 27 holes at Braemar should be
exempt.
Mr. Housh said he believes an example must be set for the next generation and approving the policy
was just the next step.
Member Hovland made a motion approving adoption of a policy that directs the Park Director to
adopt rules and regulations pursuant to subsection 1230.06 of the City Code prohibiting the use of
all tobacco products in all City parks. Member Housh seconded the motion.
Ayes: Housh, Hovland,Masica, Maetzold
Motion carried.
Member Hovland exited the Council Chambers.
Page 33
Minutes/Edina City Council/August 17,2004
BRAEMAR ATHLETIC FIELD FACILITY PROPOSAL - PARK BOARD RECOMMENDATION
CONTINUED TO REGULAR COUNCIL MEETING OF SEPTEMBER 7, 2004 Manager Hughes
suggested the Braemar Athletic Field Facility Proposal be continued to the regular Council meeting of
September 7,2004,due to the absence of Park Director Keprios.
Member Masica made a motion to continue the Braemar Athletic Field Facility Proposal to the
regular Council meeting of September 7,2004.Member Housh seconded the motion.
Ayes: Housh,Masica,Maetzold
Motion carried.
Member Hovland returned to the Council Chambers.
ENDORSEMENT OF APPOINTMENT TO NINE-MILE CREEK WATERSHED DISTRICT
BOARD OF MANAGERS APPROVED Manager Hughes informed the Council that two positions
are open on the Nine-Mile Creek Watershed District board of Managers. A letter dated July 26, 2004,
was received from Geoffrey H. Nash, soliciting Council endorsement of his application for
appointment to the Nine-Mile Creek Watershed District Board of Managers.
Mayor Maetzold made a motion endorsing the application for appointment of Geoffrey H. Nash to
the Nine-Mile Creek Watershed District Board of Managers and that Hennepin County
Commissioner Koblick be notified of this endorsement. Member Masica seconded the motion.
Ayes:Housh,Hovland,Masica,Maetzold
Motion carried.
*CONFIRMATION OF CLAIMS PAID Member Housh made a motion and Member Masica
seconded the motion approving payment of the following claims as shown in detail on the Check
Register dated August 4, 2004, and consisting of 34 pages: General Fund $583,710.60,
Communications Fund $7,431.53;Working Capital Fund $12,216.66; Art Center Fund $879.10; Golf
Dome Fund $75.36; Aquatic Center Fund $5,675.58; Golf Course Fund $25,198.41;
Edinborough/Centennial Lakes Fund $14,641.23; Liquor Fund$105,654.36; Utility Fund$103,706.12;
Storm Sewer Fund $13,546.41; Recycling Fund $32,171.80; PSTF Agency Fund $2,275.46; TOTAL
$907,182,62; and for approval of payment of claims dated August 11, 2004, and consisting of 33
pages: General Fund $282,618.82; Communications Fund $4,011.42; Working Capital Fund
$809,817.69; Art Center Fund $6,303.66; Golf Dome Fund $7,016.04; Aquatic Center Fund $8,219.94;
Golf Course Fund $18,663.62; Ice Arena Fund $35,589.48; Edinborough/Centennial Lakes Fund
$16,391.27;Liquor Fund$183,099.34;Utility Fund$28,926.82; Storm Sewer Fund$916.04;PSTF Fund
$4,165.65;TOTAL$1,405,739.79.
Motion carried on rollcall vote-four ayes.
CONCERN OF RESIDENT Laura Plaetzer, 4058 Sunnyside Road, who previously requested being
on the August 17, 2004, Agenda, regarding length of parking in residential neighborhoods, did not
appear.
There being no further business on the Council Agenda, Mayor Maetzold declared the meeting
adjourned at 11:00 P.M.
City derk
Page 34