HomeMy WebLinkAbout19800421_regularMINUTES
OF THE REGULAR NEETING OF THE
EDINA CITY COUt?CIL HELD AT CITY HALL
1 MRIL 21, 1980
hswering rollcall were nembcrs Xredescn , Courtsiiey , Richards, Schinidt and Mayor
Van Valkenburg. Present also were Mines. Helen McClelland oE the Community Dev-
elopiiient and Planning' Coinmission and Leslie Turner of the Human Relations Corn--
miss ion.
BCY SCOUT TROOP 68 RECOGNIZED.
tan Nethodist Church presented a Flag Ceremony and were welcomed by the Mayor.
Members of Boy Scout Troop 68 Eron Good Samari-'
MINUTES of April 7, 1980, were approved as submitted by motion of Councilwoman
Schmidt, seconded by Councilman Bredesen.
Ayes : Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Motion carried.
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PUBLIC H-EARINGS CONDUCTED ON VARIOUS PUBLIC IMPROVEMENTS. Pursuant to due notice
having been given at previous meetings, public hearings were conducted and action
talcen as hereinafter recorded:
A* (TONSTRUCTION OF OFS?&-lF,NTAL STREET LIGHTING 11.PROVE'L.ENT NO. P-L-17 IN THE FOLLOI?-
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Scriver Road from Blake Road to West line of Hyland Acres Addition
Recalling that this hearing had been continued from the Council Meeting of March 3,
1980, Nr. Hoffman
proposed to be assessed against eight benefited properties at an estimated cost
of $71.14 'per lot.
sodium luminairs which will be mounted on 15 foot high poles with lantern fixtures
has been modified in accordance with the reqrrest of
Blake Road. No objections were heard. (See Resolution Ordering Improvement
later in Minutes.) .
B.
said that the total estimated construction cost of $498.01 is
He explained that installation of the 100 watt high pressure -
Mr. Roy Jenson, 5124 South
CONSTRUCTION OF ORNANENTAL STREET LIGHTING IMPROVEMEET NO. P-L'2b IN THE-
FOLLOWING :
East View Drive between #5817 and- /I5821 East View Drive
Being advised that most residents abutting the improvement are still out of ~OTVT~;
Councilman Richards' motion continuing the hearing until May 19, 1980, was sec-
mded by Coilncilwoman Schiaidt .
Ayes :
Nays: None
Motion carried.
Bredesen, Courtney, Richards , Schmidt , Van Valkenburg I
C.
Pk. Roslancl recalled that the hearing on this improvement had been conrinced from
the Council Meeting of April 7, 1980, so that consideration could be given to
sending out new notices to a larger assessment district. Mr. HoEfman showed a
map indicating the locations in the areas from which the traffic came for this
stretch of road and advised that the street Fs unique in the City in that there
are no other streets with the back lots abutting on the street.
Selieved that it is unfair to assess only the three lots proposed, Councilman
Courtney's motion was seconded by Councilwoman Schmidt authorizing the imprcvement.
CONSTRUCTION OF BITLMINOUS SURFACING IMPROVEPENT NO. P-A-i76 IN THE FOLLUdTNG:'
W. 56th Street from Dale Ave. to Hansen Road
Stating that he
Ayes: Courtney, Schmidt, Van Valkenburg
Nays: Bredesen, Richards
Mot ion failed.
Councilman Richards then moved that a new hearing be conducted on Hay 19, 1980,
with notices being sent to an expanded area which would~.include the areas in
which most of the residents live who use the road the most, as well as the resi-
dents of the Westchester Apartments. Motion was seconded by Councilman Bredesen.
kjes : Bredesen, Courtney, Richards, Schinidt, Van Valkenburg
Nays: Moiie
* Motion carried.
Councilman Richards thereupon offered the following resolution and moved its
adoption :
RESOLUTION ORDEXING IHPROVE~~NT
STREET LIGETING IMPROVEMENT --- L-17
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ME IT RESOLVED by the City Council of the City of Edina, Minnesota, that this
Cotliicil herstofore caused notice of hearing to be duly
owners of each parcel withj-n the area proposed to be assessed on the following
proposed improvemenr: :
published and mailed to
1. CONSTRUCTION OF STRZET LIGHTING IPPKOVEMENT NO. L-17 IN 'JXE FOLLOIJING:
Scriver Road from Blake Road to West line of Rylancl Acres Addition
and at the hearing held at the t2me and place specifieJ:.':jn said notice, the .
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4/ 21,'80
Council .,as Ldy considered the views o a11 persons interested, and being Illy
advised of the pertlnent facts does hereby determine to proceed with" the construc-
tion of said improvement, including all proceedings which may be necessary in
eminent domain fqr the acquisition of necessary easements and rights'fof con-
struction and maintenance of such improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as STREET
LIGETING IM??ROVEEIENT NO. L-17 and the area to be specially assessed therefor
shall include Lots 1 thru 5, inclusive, Block 1, and Lots 1, 2 and 3, Block 2,
Hyland Acres.
Motion for adoption of the resolution was seconded by Councilwoman Schmidt.
.
Rollcall :
Ayes:
Nays: None
Resolution adopted.
Bredesen, .* Courtney, Richards, Schmidt, Van Valkenburg
FINDELL AND CLARK ADDITION PLAT AND ZONING HEARINGS CONTINUED TO MAY 5, 1980.
Affidavits of Notice were presented by Clerk, approved as to form and ordered
placed on file.
known as Findell I11 Addition) is located South of N. 70th Street and West of
Cahill Road and that Council previously granted First Reading of the rezoning
ordinance €OK this property to PRD-3 and also preliminary plat approval. He
exylained that the proponents have now returned with their final development
plans for the site and are requesting final zoning approval having refined the'
following concepts agreed to at the time of preliminary approval: 1) the town-
house portion of the site will not be land-locked; 2) the condominium building
has been changed to three stories to reduce lot coverage;
have been met; and 4) densities are consistent with prior approval. Mr. Hughes
utility plans and roadliay plans, grading plans, and elevation drawings in accord-
ance with ordinance requirements.
subject to the following conditions: 1) final zoning would be conditioned on
*final platting; 2) dditional landscaping along the Northerly property line. Mr.
Hughes further advised that final plat approval is recommended subject to the
following Conditions : 1)
unplatted parcel located fn the middle of the subject property;
executed developer's agreement be granted the City; - ~h~fuld *- be delinezted and dedicated by s.ray c€ the,plat; and 4). the pxoposed. toy-
house'lo;~ should be rcodified so that all drive aisles are part of the common
open space.
this meeting inasmuch as the security for the Developer's Agreement had not been
submitted. In response to a question of Councilman Richards, Mr. HugheF explained
that thkre are three separate parcels involved, the most Easterly of which is now
zoned R-3, and that only the middle parcel should give subdivision dedication, Mr.
Marshall Everson, 6000 Fox Meadow Lane, owner of abutting property to the South and
North, said. that he had been unaware of the change to three stories 'for the condo-
aCLqium building. He scLggested that 7000 Cahill Road thru 7100 Cahill Road should
all be considered as one parcel, and objected to the "peninsula" of land xhick
wo-izld remain undeveloped.
that the plat contained approximately six acres and that there are 48 units with
two enFlosed parking spaces per unit.
said that the possibility of combining parcels in the area had been discussed in
the past without any suggestions from Mr. Everson, that the road is completely'on
the subject property and that he has heard no negative reaction to the proposed
three story condominiums.
the Historic Site should stand on its own and that it should not adversely affect e. Everson's property.
t+ued to give Nr. Everson an opportunity to join in the development, the devel-
opers said that they would not like to do anything which would hinder their
financial arrangements. Councilman Richards said that unless the developers are
ready to turn dirt, a delay of two weeks should not make any difference.
. woman Schmidt's motion that final plat approval be granted was seconded by
Couqcilman Courtney.
lfr. Hughes recalled that Findell and Clark Addition (formerly
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3) setback requirements
added that overall development plans also include landscape plans, preliminary .I
Ee recommended final zoning approval to PRD-3
that subdivision dedication be based upon the two acre
2) that an I 3) easements for utilities
Hr. Hughes said that he would not recommend final plat approval at
Mr . Wallace Kenneth , 510 1 Lincoln Drive, was told
Hr. Ron Clark, one of the developers, - -
Mayor Van Valkenburg suggested that the reference to
In response to the suggestion that the matter be con-
-
-1 I Council-
-3 Rollcall:
Mays : Bredesen, Richards
'No tion Ta7as defeated .
'Ayes: Courtney, Schmidt, Van Valkenburg
In response td Xr. Ericlcson's comment that denial of the prcject at this point
imuld m,pn that it must be returned to the Community Development and Planning
-Commission, .Councilman Richards said that he believed that denying Mr. Everson -
an opportunity to be heqrd might adversely.effect the over-all development of the
area. Couacilman Coirrtney said that Mr . Everson had already had an opportunity,
to cooperate with the development of the area but had failed to take any action
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45 in that direction. Councilman Richards then moved that the prior mokion for
denial be rescinded and that the matter be continued to May 5, 1980, to see if
an overall plan sal! be developed which would include Mr. Everson's property.
Mot ion was k econded by Cc rincilman Bredesen .
Rollcall :
'Ayes: Oredesen, Richards, Van Valkenburg
Nays : Courtney, Schmidt
Motion carried.
DEWEY HILL I11 ADDITION PRD-3 REZONING CONTINUED TO K4Y 19, 1980, FOR FINDINGS.
Affidavits of Notice were presented by Clerk, approved as to form and ordered
placed on file. Mr. -Hughes recalled that at the meeting of February 25, 1980,
Council had granted the developer of Dewey Hill I11 Addition a permit to dig and
maintain an open pit and to impound waters in accordance with grading plans on
file in the Engineering Department and with regulations of the Nine Wile Creek
Watershed District and as provided in Ordinance No. 821, but had not granted
First Reading for the zoning request to PRD-3. He reviewed revised plans which
the developer, Mr. Larry Laukka, had submitted after working with Glasgow Drive
residents , Mr. and' M.rs . Earl Micka and Mr. and Mrs. Glenn Olson. Ibfr. Peter
Jarvis of Bather, Ringrose and Wolsfeld, reviewed previous proposals which had
been rejected for the site and said that the present plans have been refined so
that no unit would be without sun. Mr. Laulcka reviewed elevations and distances
between the' proposed project and Glasgow Drive properties , and said that Twin
City Testing Company has given information which indicates that structures such
as the Glasgow Drive houses usually will be able to sustain a shock wave of the
intensity required to sink footings for the proposed buildings.
elevation heights and agreed that final landscaping and grading plans would be
reviewed with Glasgow Drive property owners and also advised that the proposed
development will not cause a problem for solar collectors.
expressed her concern about the proposed density of th- development.
son reviewed his letter to the Council dated April 16, 1980, saying that the
Council had not made any prior commitments to the developer which are legally
enforceable, nor is the Council bound by the Southwest Edina Plan. He said that
the thrust of the present request is to approve a zoning which is within the
ordinances, but that whatever decision the Council wishes must be based on some
rational basis related to the public welfare. Mr. Mitchel Kirshbaum, attorney
for Glasgow Drive property owners, objected because the proposed zoning would be
the result of averaging density for all .three Dewey Hlll Addltloils, with a
resultant density of 9.2 units per acre, whereas. the Southwest Edina Plan
calls for 4.8 units per acre.
of Dewey Hill I and Dewey Hill I1 hearings and, therefore? had no opportunity to
be heard until the development of Dewey Hill 111. Mr, Kirshbaum said that a
comprehensive plan of a City must be given credence according to law? but that
if a plan is to be amended, it must be done properly. Mr. Brian Anderson,
attorney representing a Shaughnessy 'Road property owner , advised that his
client had obtained an appraiser who estimated that Shaughnessy Road properties
would have an immediate loss of value of $12,000 each if the property is devel-
oped as proposed.
shifted further to the West than originally proposed and that the developer is
proposing to use Shaugnessy Road property to buffer the proposed parking lot,
rather than the houses which he built in Dewey Hill I1 Addition. Nr. Erickson
advised that the Council had acted legally in regard to all Dewey Hill plats.
He explained that the first two plats did not involve rezonings inasmuch as they
were single family plats and that this is actually the fourth hearing on the
subject property and that proper notice has been given. Mr. Erickson added
that the proposed development does give credence to the Comprehensive Plan, inas-
much as the Plan speaks 04 ''mixed residential" and of 0 to 6 units per acre in
the over-all area. Mr. Erickson also said that the Comprehensive Plan does not
prohibit a change in the zoning within that Rlan if the Council determines that
that change has some rational basis related to the general welfare.
Kenneth, 5101 Lincoln Drive, objected that the Council lets single family pro-
perty owners hol6 up the development of expensive multiple dwelling units. ZIe
was advised by the Mayor that all people have an opportunity to speak before the
Council. Council was advised by Mr. Kirshbaum that his clients are not opposed
to a multiple unit dwelling, but are opposed to the proposed density." ' Mr.
Kirshbaum said that a 63 unit project would be most acceptable. Councilinan Rich-
ar;ds said Lhat he believes that the proposed .project is consistant with the over-
all view of the entire area and noted that access to the project is from W. -78Ch '
Street. EC: then moved that the staff be directed to prepare Findings, Decisions
and Reasons approving the zcning ordinance amendment and have them-ready for
Council's review and action at its meeting of May 19, 1980.
sec'onded by Councilman Courtney.
He reviewed
Councilwoman Schmidt
Mr. Erick-
He said that his clients had received no notice
He objected further that the proposed buildings have been
Mr. Wall-ace
The motion was
4/21/80 - -. .- I -* 46
.. Rollcall :
Ayes :
Nays : Sclimid t
Kotion carried.
Bredesen, Courtney, Richards , Van Vallcenburg
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AEROBIC DAXCE STUDIOS TO BE CONSIDERED AS APPROVED USE IN C-1 COPQERCTAL DISy
TRICT. Affidavits of Xotice were presented by Clerk; approved as to form and
ordered placed on file.
and Planning Commission had recomiiended approval of amending the Zoning Ordinance to
allow exercise and reducing salons in the C-1 Commercial District.
Nelson of Eberhart Company, advised that the proponents do not propose to sell
food or beverages and that the establishment would not be a "health club".
The Nayor concurred with Councilwoman Schmidt's statement that the allowed uses
in the C-1 and C-2 Commercial Districts are confusing and ambiguous.
adopted was -whether community level services or neighborhood level services were to
be offered. No further discussion being heard, Councilman Richards moved that the
staff be directed to prepare an ordinance;\qhich would -allow aerobic dance studios in
the C-1 Commercial District and that the matter be considered at the Council >feet-
ing of May 5, 1980.
Bfr. Hughes advised Council that the Community Development 1 Nr. James fJ.
Mr. Hughes - said that perhaps the distinction of permitted uses at the time the ordinance was
Ayes:. Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None ,
Motion carried.
FLOOD PLAIN ORDINANCE NOS. 801-A19 and 816 ADOPTED ON SECOND READING. Council was
reminded that Flood Plain Ordinance Nos. 801-Al9 and 816 were granted First Reading
on April 7.
ordinance for Second Reading and moved its adoption:
No discussion being, heard, Councilman Courtney offered the following
ORDINANCE NO. 816
A ZONING ORDINANCE DESIGNATING nOOD PLAINS IN AND ABOUT
REGULATING THE USE AND DEVELOPMENT THEREOF
AND OF THE BEDS AND WATERS OF SAID MINNE€?AHA
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4 MINNEHAHA CREEK AND NINE MILE CREEK,
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CREEK AND NINE MILE CREEK, PRESCRIBING A PEPiiALTY
AND BZPEALING 'OXDINANCE NO. 815 *' *
-.r- ...L . ..- 1- -u. . .
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Title.
referred to shall be"'The Flood Plain Management Zoning Ordinance."
Sec. *2.' Statutory Authorization. This ordinince is adopted pursuant to '.
the authority granted by IfinqesoCa Statutes, Chapters 104 and 462.
'Sec. '3. Declaration of Policy. It is hereby found and declared that'lands
within flood plains, as hereafter defined, in the City of Edina, in their natural state, are a valuable land resource; that development within any such flood
on the whole of that flood plain and on the watercourses and waterbodies in that
flood'plain; that such lands are or may be subject to loss or impairment of
value and pnysical degradation through uncoordinated and unplanned development ;.
that such lands are necessary- and desirable to avoid rapid runoff of surface
wates, to prevent polluting materials .from being carried directly into the water-
course or waterbody, to preserve adequate ground water infiltration,'to protect
su-iface and ground water supplies, to minimize the possibility of periodic
flooding resulting in loss of life and property, health and safety hazards,
d?sruption of governmental services, extraordinary public expenditures for pro-
jects to contain, store and control runoff, and impairment of the tax base,' all
of'xihich adversely affect the public health, safety and welfare. It"is, therefore,
the purpose of'this ordinance to guide and regulate the orderly development of
such-lands to insure maintenance and preservation, in.their natural state, of '
needed and desirable natural water storage areas, and watercourses and water-'
bodies and. their shorelines and adjacent vegetation and topography and to mini-
mi&= the possibility of, and pollution and losses resulting from, runoff and
flooding, all thereby to promote and protect the public health, safety and wel-'
fare.
Sec. 4. Definitions. 'Unlesk specifically defined below or in Sec. 13 of
Ordinance No. 811 (the Zoning Ordinance of Edina), which definitions, to the-
~. extent applicable, are hereby incorporated herein and declared to be a part of
so as to give' them the same meaning as they have in common usage aGd so as to
give this ordinance its most reasonable application.
.L The short form title by which this ordinance-may be
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- plah must be regulated on the basis of and with full consideration of the impact .
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.. ,this-or&hance, the words and phrases used *in this ordinance shal.1 be interpreted
Board - The Board of Appeals and Adjustments of the City of Edina. -- i
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Channel - a natural or artificial depression of perceptible extent, with defin-
ite beds and banks to confine and. conduct , either continuously or periodically,
the water in the respective creeks of Minnehaha Creek and Nine Mile Creek. -- City - tlie City of Edina
Commissioner - The Commissioner of the Department of Natural Resources of the
Council - The City Council of the City
Equal Degree of Encroachment - a method of determini-ng the location of en-
State of Minnesota.
croachment lines so that the hydraulic capacity of flood plain lands on each side
of a stream are reduced by an equal amount when calculating the increases in
flood stages due to flood plain encroachments. .
Flood or Flooding - a temporary rise in stream flow or stage that result's in
inundation of the areas adjacent to the channel or adjacent to waterbodies in the .. flood plain.
ar hereafter may be covered by the regional flood.
to properties and structures subject to flooding primarily for the reduction or
elimination of flood damage.
Mobile Home - a structure, transportable in one or more sections, which is
built on a permanent chassis and designed to be used with or without a permanent
foundation when connected to the required utilities. It does aot include recreat-
ional vehicles or travel trailers. The tern includes, but it is not limited to,
the definition of "mobile home" as set forth in federal regulations governing the
Mobile Home Safety and Construction Standards Program (24 CFR 3282.7(a)).
or more mobile home lots for rent or sale.
ment, levee, road, dike, pile, abutment, projection, excavation, channel recti-
fication, culvert , building, wire, fence, stockpile, refuse, fill, deposit,
clearing of trees or vegetation, structure or matter in, along, across, or pro-
jectiag, in whole or in part, into any flood plain.
Reach - a hydraulic engineering term to describe longitudinal segments of a
stream or river influenced by a natural or man-made obstruction.
Regional Flood - a flood which is representative of large floods known to have
occurred generally in the State. of Minnesota and reasonably characteristic of what
CLLIL be expectez to occur cn an a7Terage freqmncy in the ~agni-tude of the 100-year
recurrence interval.
Regulatory Flood Protection Elevation - a point not less than one foot above
the elevation of the flood plain, plus any increases in Elood heights attribu-
tzble to encroachments on the flood plain; the elevation to which uses regulated
by this ordinance are required to be elevated or floodproofed.
any kind, or any piece of work artificially built up or composed of parts joined
together in'some definite manner, whether of a temporary or permanent character.
Zoning Map; Interpretation.
(a) Lands Subject to Ordinance. This ordinance shzll apply to all larids .
within the jurisdiction of the City and shown on the Official Flood Plain Zoning
Map (hereinafter called the "Map") as being located within the boundaries of the .
flood plain.
which, reduced in size, is appended to this ordinance, is hereby adopted by refer-
ence and declared to be a part of this ordinance. The Map shall be on file in the
office of the City Planning Department and shall be open to inspection by the
public during normal business hours of the City.
Mile Creek Watershed District Plan and Management Profile, the Flood Insurance
Study dated November, 1979, prepared for the City by the Federal Insurance Ad-
ministration (hereinafter called the "FIS") , the Flood Boundary and Floodway
Naps attached thereto as Exhibit 2, and the Flood Insurance Rate Maps referred to
therein, all of which are on fi1.e in the office of the City Planning Department.
(c) The boundaries of the flood pla'in shall be determined by
scaling distances on the Map. In the event that interpretation is needed as to
the exact location of the boundaries of the flood plain as shown on the Map, as
for example where there appears to be a conflict between a mapped boundary and ..
actual field conditions, the Board shall make the necessary interpretation based
on. elevatioas on the Official Ylood Plain Zone Profile (hereinafter called the
to this ordinance, is hereby adopted by reference, and declared to' be part of this
ordinance. The Flood Profile shall be on file in the office of the City Planning
Department and shall be open to inspection by the public during norrrial business
hours of the City.
Flood Plain - the areas adjoining a watercourse or waterbody which have been
Floodproofing - a combination of structural provisions, changes or adjustments
Mobile Home Park - a parcel (or contiguous parcels) of land divided into two
Obstruction - any storage of material or equipment, dam, wall, wharf, embank-
'
Structure - anything that is built or constructed, an edifice of building of
. Sec. 5. Lands Subject to Ordinance; Establishment of Official Flood Plain.
(b) Establishment of Official Flood Plain Zoning Map. The Map, a copy bf
The Map is based upon the Nitle
Interpretation.
L. _. ";L.lood Profile"). The Flood ProfLZe, a .copy of which, reduced in size, is appended
The elevation shown on tile Flood Profile at any given geo-
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graphical location corresponds to the elevation at such geographical lcication as
shown on either the Nine Nile Creek Watershed District Management Profile or the
flood profiles attached as Exhibit 1 to the PIS, whichever is th& nore restrict-
ive . -.
Sec. 6. Flood Plain Uses; Permits and Standards.
(a) Existing Land Use. Bo land use shall be changed, no% shall any
obstruction be changed in its use or be constructed, erected, added to,
altered, placed or done, if such use or obstruction is wholly or partly in the
flood plain except in full compliance with all applicable ordinances of the City,
and unless a speciai permit is first obtained pursuant to this ordinance.
out limiting the generality of the foregoing, land use khall be deemed to have
changed when any utilities are installed in, or any road or structure is placed
on, the land.
special permit shall be issued for any use or obstruction to be placed in the
flood plain unless the following provisions are complied with:
A strip of land running along all sides of the channel of Nine
Nile Creek or Minnehaha Creek, as the case may be, contiguous to
the land for which the special permit is being considered, and
extending from a line not less than 100 feet upland from the
centerline of the channel of Nine Mile Creek or Minnehaha Creek,
2s the case may be, to and including the bed of the channel,
shall be either (i) dedicated to the City for public use, or (ii)
subjected to a perpetual easement, and conservation restriction
. pursuant to Minnesota Statutes, Sections 84.64 and 84,65, in favor
of the City for the purpose of retaining that area predominately
in its natural and open condition and for the purpose of widening,
deepening, sloping, improving or protecting the beds and banks of
the creek and the flood plain.
which of these options is more appropriate. In either case there
shall also then be granted to the City the right of ingress to
and egress from said strip of land with men, equipment and mater-
ial. Where the easement and conservation restriction are deter-
mined to be in the best interest of the City, said easement and con-
servation restriction shall also provide that the owners of the
area as to which such easement and conservation restriction are
.1 * grzcted shall not wake, de or place a~y obstruction,or strrtcture
of &ny kind on or in such easement area or raise the level of the
easement’area in any-way, but all such right to obstruct and place
structures on and to raise the level of the easement area shall
be granted by said easement and conservation restriction to the
. City. Such dedication or easement and conservation restriction
need not be given if previously given to the City pursuant to
Ordiaance No. 801 of the.City.
No special permit shall be issued for any obstruction or use
which, acting alone or in combination with existing or anticipated
future uses or obstructions, will or may unduly decrease the
capacity of the chznnel of the creeks, or waterbodies in the flood
plain or the flood plain itself, or the capacity of any drainage
ditch, facility, area or system, or the channel of any tributary
to the. creeks or waterbodies, ‘or unduly result in danger to
persons or property. Consideration of the effects of a proposed
obstruction or use shall be based on the reasonable assumption
that there will be an equal degree of encroachent on both sides
of the creek for the full reach of the proposed use.
of this paragraph, any obstruction or use which, acting alone or
in combination with existing or anticipated future uses or
obstructions causes, in the reach of the watercourse in which the
obstruction or use is placed, or in any other reach of the water-
course, an increase in flood plain elevation of more than one-half
foot over and above the elevation of the flood plain-as sho1.m on’
the Flood Profile, shall be deemed prima facie, to unduly increase
flood heights and to unduly decrease the capacity of the channel-
or flood plain.
No special permit shall be issued which will or may result in the
placing of any obstruction which restricts the right of public 1
passage and use of the beds, banks and water‘ of Minnehaha Creek *
or N2ne Nile Creek, except that special permits may be issued for
obstructions approved by the Ninnehaha Creek T~kitershed District‘
as to IMinnehaha Creek, and the Nine Nile Creek Iaters3ed District,
as to the Nine Nile Creek, and used for fhod plain managements, in
which case adequate provision shall be made for portag‘ing- and ” **
passage of watercraft.
With-
* (b) Standards and Conditions for Issuance of Special Permits. No
(E)
The City Planner shall determine
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(2) ..
For purposes ‘- .
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(4) No spcial permit shall be-issued for any obstruction or use which,
acting alone or in combination with exist-ing or anticipated future
I ,uses or obstructions; wil1,or m:2y adversely affect land or water '
areas essential to the protection of sur€ace and ground water
' supplies.
No special permit shall be issued which will or may result in an
obstruction or use incompatible with preservation of natural land
forms, vegetation, marshes, wet areas, and waterbodies within the
flood plain which are a principal factor in the maintenance of
constant rates of water flow in Nine Bile Creek or Minnehaha Creek
throughout the year.
No special permit shall be issued which will or may result in the
placing of an obstruction on, .or development of, land or water
areas essential to temporary withholding of rapid runoff of sur-
face water contributing to downstream flooding or of land and water
areas essential for providing ground water infiltration, and which
construction or development will ormay decrease the capacity of
such areas to withhold such surface waters or to provide such
ground water infiltration.
No special permit shall be issued for any fill unless shown to have
some beneficial purpose, and the amount thereof must not exceed
that necessary to achieve the intended purpose, as demonstrated
by a plan submitted by the owner showing the uses to which.the
filled land will be put, the kind of fill, and the final dimen-
sions of the proposed fill or other materials. Such fill shall
be protected against erosion by rip-rap, vegetative cover, or
bulkheading, as and to the extent required by the special permit.
No special permit shall be issued for garbage or waste disposal
sites or systems.
No special permit shall be issued for mobile homes or nobile
home parks.
No special permit shall be issued for any obstruction unless
such obstruction shall be (i) designed and adequately anchored
to prevent flotation, collapsi! or lateral movement, (ii) con-
structed with materials and utility equipment resistant to flood .
damage, (iii) constructed by methods and practices that minimize
flood damage.
No special permit shall be- issued- for new o? repIacement water
supply systems or sanitary sewage systems unless such systems
are designed to minimize or eliminate infiltration of flood
waters into such systems. Sanitary sewage systems must be
designed to mininize or eliminate discharges from such systems
into flood waters. Onsite waste disposal systems must be located
to avoid impairment to them or contamination from them during
flooding,
No special permit shall be issued unless the proposed use or
obstruction has received the approval of all governmental bodies
having jurisdiction over such use or obstruction, including the
Nine Mile Creek Watershed District or the Minnehaha Creek Water-
shed District, as the case may be, if said approval is requested
by the City or required by the statutes, ordinarxes, rules or
regulations adopted by such governmental bodies or applicable to
such governmental bodies and to such use or obstruction. The
City, however, may act on a special permit without such approval
if only requested by the City and not otherwise required.
No special permit shall be issued unless the proposed use or
obstruction conforms to the land use plans and planning object-
ives of the City for the area in which the use of obstruction is
to be made or placed.
I-
I *" . r-
. designed to minimize increases in flood elevations and shall be compatible
Utilities , Railroad Tracks, Streets and Bridges. Public utility
facilities, .roads, railroad tracks and bridges within the flood plain shall be I with ,the flood plain development plags of the City and of the Nine Mile Creek .. *
Watershed District or the Minnehaha Creek Watersned District as the case may be.
.1 , - Plain Elevations.
placing of aa obstsuctlon in, the flood plain, if the regulatory flood protection
plevations and flood pla~in elevations the? being, used reflect proposed measures
for flood control, inc3,uding +water .retention areas, then such elevations shall
not be effective or used in issuing a special permit until such nieasures are
constructed and operative, unless the proposed measures will increase flood
heights, iii which event , the regulatory flood protection elevations and flood
plain elevations used in issuing a special permit shall reflect the anticipated
increases.
(d) Adjustments of Regulatory Flood Protectian Elevations and Flood
In connection with any proposed development of, or proposed .
'- . 50
See. 7. Additional Restrictions. In at lition to the requirements set out
in Sec. 6 of this ordinance, no special permit shall be issued for any use or
obstruction in the flood plain unless the following provisions are met:
(a) Structures. Structures shall be constructed so that the basement
The finished ground elevation shall be no more than one
. floor, or first floor if there is no basement, is above the regulatory flood
protection elevation.
' foot below the regul-atory flood protection elevation for the particular area
and-shall extend at such elevation at least fifteen (15) feet beyond the limits
of any structure or building erected thereon. Where existing streets or util-
ities are at elevations which make compliance with the foregoing two sentences
impractical, or in other special circumstances, a variance request nay be made
to the Board and the Board may authorize other techniques for protection of the
structure in accordance with the floodproofing regulations made a part of the
Ninnesota State Building Code as adopted by the City; provided, however, that .
all residential structures shall be constructed so that the basement floor, or
first floor if there is no basement, is above the regulatory flood protection
elevation; provided, further, that any nonresidential structure with a basement
floor, or first floor if there is no basement, not elevated above the regulatory
flood protection elevation must be floodproofed to FP-1 or FP-2 classification
in accordance with the floodproofing regulations made a part of the Minnesota
State Building Code as adopted by the City.
r- I .. .-
--. (b) Subdivbions. No land shall be subdivided which is determined by
the City to be unsuitable for'subdivision by reason of flooding, inadequate
drainage, water supply or sewage treatment facilities.
flood,pl'ain shall contain a building site at or above the regulatory flood
protection elevation.
facilities that comply with the provisions of this and other applicable ordin-
ances of the City.
division and to the individual building sites no lower than two feet below
the regulatory flood protection elevation.
develop in the flood plain shall provide (i) the information required by
Section 8(c) of this ordinance, and (ii) evidence that all necessary permits .
'hzve been received from those governmenral agencies from which approval is
kequired by federal and state law, including, without limitation, section 404
of the Fedekd'later Pollution Control Act Amendmgnts of 1972, 33 U.S.C. 1344. .
may be at elevations lower tELan the'regulatory flood protection elevation if
a -$pecial permit is first granted pursuant to this ordinance; provided, however,
that any special permit granted for any such use which would (i) involve premises
which would be inundated by the regional flood to heights greater than ?wo feet
or I*iOUld be subject to flood velocities greater than four feet per second in the
event of regional flood; and (ii) enta.il use of such premises by employees or
the general public, shal1 be conditioned upon the installation on such premises
of a-flood warning system capable of providing adequate evacuation time in the
event of a regional flood.
Storage. Any storage or processing of materials that in time of. flooa&g may be bouyallt, flammable, explosive, or could be injurious to human, ..
a%mal or plant life is prohibited.
All lots within the
- All subdivisions shall have water and sewage disposal
All subdivisions..shall have road access both to the sub-
- (c) Development in Flood Plain. Applicants for special permits to
(dj Other Uses. Accessory land uses, SuC:i is ya;rds ~5. Fzrkhg Ists,
(e)
Sec. 8. Administration; Application for and Issuance of Special Permits *
and Variances; Recommendation of Watershed Districts; Certificates of Zoning
ComDliance.
(a) Admizistration., The Cify Planner shall administer and enforce
this ordinance.
(b), Special Permit and Variance Required; Grounds for Variances. A
special permit or variance shall be applied for and obtained pursuant hereto
prior to the construction, erection, addition, alteration, or change of use
of any obstruction wholly or partly in a flood plain, and prior to the change .-~
of use of any land, which use is wholly or partly in a flood plain. Variances; may be granted only where strict enforcement of the literal provisicjns of this
orpinance will cause undue hardshSp because of circumstances unique to the in-%
dividual property under consideration and only when the action allowed by such .,
variance will be in keeping with the spirit and intent of this ordinance.
special permits and variances under thts ordinance shall be made by.the owner
or oyners of the land in duplicate to the City Planner on forms furnished by
-+the City and shall be accompanied initially by such of the following information,
.aqd additional information, data and plans, as is deemed necessary by the City
Planner for determining compliance with this ordinance, and for determining the
effects of the proposed activity on the creek, marshes, wet areas aqd waterbodies
in the flood qlair,, and the suitability of the particiular site for the proposed.
inprovement, use, obstruction or variance: *
-.
(CJ Application for Special Perniit and Variance. Applications for
I
,
4/21/80
cu 0 m 3 Q: d:
Plans, including a survey by a Minneso-a registerel land surveyor, in
duplicate, dratm to scale, showing- the nature, location, dimznsions,
and eLevation of the lot or plot, existfng and proposed obstructions,
the relationship of the lot or plot and existing and proposed ob-
structions to the location of the channel, marshes, wet areas and
waterbodies, surface water drainage plans and floodproofing measures.
A valley cross-section 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, high water informa-
tion, all drairiage areas, all land forms and adjacent marshes, wet
areas and waterbodies.
Plans (surface view) including a,survey by a Minnesota registered
land surveyor, showing elevations or contours of the ground, pert-
inent obstruction elevations, size, location and spatial arrangement
of all proposed and existing obstructions on the site, location and
elevations of streets, water supply and sanitary facilities, photo-
graphs showing existing land uses and vegetation upstream and
downstream, and soil types.
Profile showing the slope of the bottom of the channel or flow line
of the stream.
Specifications for building ccnstruction and materials, floodproofing,
filling, dredging, grading, channel improvement, storage of materials,
water supply (including withdrawal and discharge of ground and sur-
face water), and sanitary facilities.
Description of the water quality if other than a municipal water
system is used, maximum yearly withdrawal of ground waters, and the
impact on the receiving creek, marsh, wet area or waterbody of dis-
charged surface and ground water.
Statement of the private and public benefits anticipated from the
proposed activity, the alternatives to the proposed activity, the
effect of the proposed activity on the capacity of the flood plain
and on flood heights, the adverse effect, if any, on the flood plain,
and the creek, marshes, wet areas and waterbodies in the flood plain,
which cannot be avoided if the special permit or variance be granted.
When filing the application, the applicant shall pay a nonrefundable
fee of $25 for a special permit request
request.
.
and of $10 for a variance
(d) Submission of Application.
(1) For a Special Permit.
application for a special permit, fee and initial information
requested, the City Planner shall review the application and
submit it to the City Engineer, and to the Nine Mile Creek
Watershed District or the Minnehaha Watershed District, which-
ever district is. appropriate.
For a Variance.
tion for a variance, fee and initial information requested,
the City Planner shall review the application and submit it
to the City Engineer, the Nine Mile Creek Watershed District
or the Minnehaha Creek Watershed District, whichever district
is appropriate, and, with his report, to the Board.
Within 45 days after receipt of the
(2) lilithin 45 days after receipt of the applica-
-.
(e) Issuance of Special Permit. Following receipt of the report
and recommendation of the City Engineer, and upon making a finding that the
standards, conditions and restrictions for issuance of the special permit have
been satisfied and complied with, the City Planner shall issue the special permit.
(f)
ance upon approval of the application therefor by the Board 01: the Council upon
any appeal of a decision of the Board.
Districts. The City Planner, Board or Council may, at any time and relative to
any application, use or obstruction, transmit the information received by hiin or
it to the appropriate Watershed District for advice, recommendations or techni-
cal assistance-as to the hydrological effect or general impact of any such zppli-
cilticii, use, or obstruction, on the flood plain, flood heights, flood velocities,
or as to the seriousness of flood dsmage to the use, the adequacy oE plans for
protection, compliance with Sections 6, 7 and 8 cf this ordinance, or other
tecHiiical matters, The City P:Lanner, Board or Council may withllold his or its
decision on granting or allowing any special permit, variance, use or obstruction
*until such advice, recommendations or assistance are received.
or project pursuant to a special perrniir. or variance granted pursubt to this
o+rdinnnce, and prior to the use or occupancy of tho land or obstruction permitted
by *the special permit or variance, a Certificate of Zoning Compliance shall be
issued therefor by the City Planner stating that the use of the land or obsl:ruc--
tion conforms to the requirements of this ordinance.
Issuance of Variance. The City Planner shall issue the vari-
(g) Recommendation of and Technical Assistance from Watershed
i (11) Certificate of Zoning Compliance. Upon’ completion ok any work
Prior to issuance of such
4/21/80
52 Certificate, tlie applicant therefor shall subinit a certification by a registered
professional engineer, architect or land surveyor, as appropriate, that the Fer-
mitted obstructions, including, but not limited to, finished fill and building
flcor elevatiDns, floodproofing, or other flood protection-measures, have been .
completed in compliance with the' provisions of this ordinance and in compliance
with the information given to the City in connection with the application for
the .special permit or variance.
.
Sec. 9. Board"of Appeals and Adjustments; Building Of€icial; Powers and -'
Duties, Hearings by and Appeals to Council.
.
Board of Appeals and Adjustments.
Powers and Duties.
where it is alleged that there is an error in any order, require-
ment, decision, or determination made by an administrative officer
in the enforcement of this ordinance, and all requests for variances
in connection with this ordinance, in the same manner as it hears
and decides appeals and requests for variances under paragraph 6
of Sec. 14 of Ordinance No. 811, excep.t as otherwise herein pro-
vided.
The Board shall hear and decide all appeals I
Procedure for Variances.
of the City Planner, together with the application for a variance
and initial information requested by the City Planner, the Board
shall hear and decide upon such application in the same manner as
it hears and decides upon variances under paragraph 6 of Sec. 14
of Ordinance No. 811, except (i) that no variance shall have the
effect of permitting a residential structure to be at a lower
elevation than the regulatory flood protection elevation for the
individual property under consideration, (ii) that no variance shall
have the effect of permitting a nonresidential structure to be at
a lower elevation than the regulatory flood protection elevation
for the individual property under consideration unless such struc-
ture is floodproofedto FP-1 or FP-2 classification in accordmce
with the floodproofing regulations made a part of the Minnesota
State Building Code as adopted by the City, and (iii) in deciding
on any variance the Board shall also consider the policies and pur-
poses of this ordinance and all of the standards and conditions set
out in paragraph (b) of Sec. 6 of this ordinance and the degree
of conformity with such standards and conditions that will result
if the-varfante-be granted. * .
Procedure for Appeals. Appeals to the Board shall be made and
yted upon by the Board, and, if appealed.such appeal shall be
made and shall be heard and acted upon by the Council'in accordance
with paragraph 6 of Sec: 14 of Ordinance No; 811.
After receipt by the Board of the report
'Records of Elevation. The Building Official of the City shall L'
maintkin a record of th'e eLevaEioni.of the basement.!floor, or first5::floor -if there
is no .basement, of all new structures or additions to'existing structures in the
flood plain.
to which 6tructures or additions to structures are floodproofed. '. I (c) Condftions Attached to Special Permits and Variances. The City
Planner may attach such'conditions to the granting of special permits, and the
Board; and the Council on appeal, may attach such conditions to the granting of
variance, as the City Planner, Council or Board deems necessary to fulfill the 1
purposes'of, and insurancecompliance with, this ordinance.
warded to Commissioner and Watershed Districts.
mailed notice to the Commissioner of each hearing for a special permft or-vari-
ace, together with a copy of the application for the special permit or variance,
not less than 10 days Sefore the date of hearing.' Also, a copy of each special
pernit or variance issued or granted shall be forwarded to the Commissioner aod
to the secretary of the'appropriate Watershed District within ten (10) days after
issuance' or granthg thereof. ,
year after the issuance or grant of a special permit or variance, the owner or
occupant shall not have commenced the'work authorized by such special permitor
var-iance, then the 'special permit or variance shall become null and void unless
a Retition for extensi'on of time in whi.ch to commence such work has been granted.
Planner'more than twenty (20) days before, the expiration of one year:from the
date the origizlal special permit or variance laas issued or granted, shall state'
fact& showing a good-Faith attempt .to use tlie spec'ial permit or variance, and
si(al1 state the additional time requested to commence such work. Such petition,
if it i-efates'to a variance; shall be presented to the Board for hearing and .
decgsion, and appeal to the Council, in the same manner as the original request.
$or variance. If the petition relates to a special permit, it shall be heard and
decided by the City Planner in the same manner as the original petition for a
The Building Official shall also maintain a record of the elevations
(a) Notice of Hearing Given to Commissioner; Permits and Variances For-
The City Planner shall give
'
(e) Lapse of Variance or Special Permit by Nonuser. If within one
'
Such petition to extend time shall be in kiting and filedlwith the City
f.
4/2l/i"O
53
cu 0 CD 4 5 a
special permit.
good-faith attempt tc commence such work, the City Planner, Board or Council may
consider such factors as the design, size, expense and type of the proposed work.
An obstruction.or the use of an obstruction or premises, which was
d.. In detxmining undel: this paragraph whether the petitloner has made a
Sec. 10. Nonconforming Obstructions and Uses; Lapse; Destruction.
(a)
lawful before adoption of this ordinance but which 5s not in conformity with the
provisions of this ordinance, may be continued subject to the following condi-
(32
(4)
f
Sec. 11.
No such obstruction or use shall be expanded, changed,
enlarged or altered in any my without complying in all
respects, with this ordinance, including, but not limited to,
the obtaining of all required special permits and variances.
The cumulative cost of all expansions and alterations of, and
additions to, any such obstruction during the life of such
obstruction shall not exceed fifty percent of the assessed
value of such obstruction for real estate tax purposes at the
time of the adoption of this ordinance, unless the effect of
such expansions, alterations and additions is to convert such
obstruction into a conforming use or substantially reduce
potential flood damage to such obstruction.
If such use of such obstruction or such premises is discon-
tinued for twelve consecutive months, any subsequent use of
the obstruction or premises shall comply, in all respects, .
with this ordinance, including but not limited to, the '
obtaining of all required special permits and variances.
If any nonconforming obstruction is destroyed or damaged by
any means, includizlg floods, to the extent that the cost of
repairing or restoring such destruction or damage would be
fifty percent or more, as estimated by the City Council or some
official designated by it, of the cost of re-erecting a new
obstruction of like kind and quality and of. the same physical
dimensions and location, then it shall not be reconstructed
except in full compliance, in all respects, with the provisions
of this ordinance, including, but not limlited, to the
obtaining of all required special permits and Variances. - Right of Passage.
0ut.a special permit obtained pursuant to this ordinance, to place ang obstruc-
tion in Minnehaha Creek or Nine Mile Creek or to obstruct, in any way, the pass-
age of watercraft or to interfere, in any way, with the use by the public of the
beds, banks, waters or channels of said creeks, except obstructions placed by the
appropriate Watershed District and used for flood plain management, in which case
adequate provision shall be made for portaging and passage of watercraft.
it shall-be unlawful for any person, with-
,
"
. Sec. 12. Removai..of Obstruction.
(a)- Natural Obstructions.
entry upon lands in the flood plain, including those adjoining Minnehaha Creek
and Nine Mile Creek, for the purpose of ingress and egress to the flood plain,
and the beds, banks and waters of the creeks and waterbodies therein to remove,
any natural obstructions such as, but not limited to, trees, debris, litrer and,
silt.
Artificial Obstructions. 'Any artificial obstruction of the beds,
banks, waters or channels of Minnehaha Creek or Nine Mile Creek or in the flood
plain made subsequent to the effective date of this ordinance and not made pur-
suant to a special permit or variance granted pursuant hereto shall be removed
by the owner of the adjoining land within ten (10) days afcer mailing to such ,
owner of a demand so to do by the City Planner.
refuse to remove tlie obstruction within said time, or iE the owner,cannot be found
or determined, the City may renove such obstruction and the cost thereof shall
be paid by the owner on demand, or may be assessed against the land, and collected
in the same manner as prescribed by law for levying and collecting special assess-
ments for municipal improvernents ..
any provision of this ordinance or fails to ccmply with any of its terms or
requirements shall be guilty,of a misdemeanor punishable by a fine oE not more
than $500 cr imprisoned for not more than 90 days, or both, and in addition shall
pay all costs of prosecut.ion and expenses involved in the case.
violation continues shall be- considered a separate offense.
Every obstruction or use placed or maintained in the flood.plain in
violation of this ordinance is hereby declared to be.a public nuisance and creat-
ion chereof,may be enjoined and the maintenance thereof abated by appropriate
The City shali have the right of reasonable
(b)
if the owner shall fail or
Sec. 13. Misdemeanor; Public Nuisance; Penalty. Any person i;ho violates I,
Each day such ,
'
j dicial action. .
lawful action as is necessary to prevent, remedy or remove any violation.
L. , Nofhing herein contained. shall prevent the City from taking such other
4/21/80 '
_- 54
See. 14. Amendments.
(a) The boundaries of the flood plain as shown on the Map and the flood
plain elevations on the Flood Profile may be changed by ac?endment to this
ordinance, and such change, when made, shall be shown on the Nap and on the Flood
Profile.
tion is in error, the elevation will be corrected by the Council by amendment to
this ordinance.
All amendments shall be submitted to the Board of Managers of the
Nine ?file Creek Watershed District and the Minnehaha Creek Watershed District *
and the Commissioner, and shall be approved by the Commissioner prior to adoption.
of this ordinance, they shall be held to be the minimum requirements for the
promotion of the public health, safety, prosperity and general welfare. It is
not the intentian of this ordinance to interfere with, abrogate or annul any
covenant or other agreement between parties, nor the provisions of Ordinance Nos.
801 or 811 or any other ordinance of 'the City; provided, however, where this
ordinance imposes a greater restriction upon the use or improvement of any
premises than those imposed or required by other statutes, ordinances, rules,
regulations or permits of the City, State, Minnehaha Creek Watershed District or
Nine Mile Creek Watershed District, or by covenants or agreements, the provisions
of this ordinance shall govern.
sentence, clause or phrase of this ordinance is, for any reason, held to be
invalid or unenforceable, as to any person or circumstance, the application of
such section, subsection, paragraph, sentence, clause or phrase to persons or
circumstances other than those as to which it shall be held invalid or unenforce-
able, shall not be affected thereby, and all provisions hereof, in all other
respects, shall remain valid and enforceable.
If it can be shown to the satisfaction of the Council that any eleva-
(b)
. I Sec. 15. Interpretation. In interpreting- and applying the provisions
Sec, 16. Partial Invalidity. If any section, subsection, paragraph,
Sec. 17. Warning and Disclaimer of Liability. .This ordinance does not
imply that areas outside the flood plain or land uses or obstructions permitted
* within,the flood plain will be free from flooding or flood damages. This ordinance .
*shall not create liability on the part of the City or any official or employee
thereof for any flood damages that result from reliance on this ordinance or
-any-City action taken or administration, Board or Council decision lawfully made
hereunder.
Sec. 18. gpealer.
Sec. 19. I Ordinance No. 815 is hereby repealed in its entirety.
This ordinance shall be effectiw Zmadiately unon its passage and 'publication. I.
Xotion for adoption of 'the ordkance was seconded by Councilr?oman Sc3midt.
Rollcall:
Ayes : Bredesen, Courtney, Richards
Nays: None
Ordinance adopted.
ATTEST : 4- $.fL
City Clerk
Councilman Courtney then offered the following ordinance for First Reading:
.- ORDINANCE NO. 801-A19
AN ORDINANCE &ENDING ORDINANCE NO. 801 TO
CORRECT A SECTION DESIGNATION AND TO REQUIRE
COIPLIANCE WITH THE FLOOD PLAIN MANAGENENT
ZONING ORDINANCE AND TO REQUIRE THE DESIGXATION
AI?? SUBDIVISIONS OF LAND WITHIN THE FLOOD PLAIN
I
.*
OF FLOOD PLAIN ELEXATION ON CERTAIN PLATS, REPLATS,. ..
TBX CITY COUNCIL Or" THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section (3) of Section 3 of Ordinance No. 801, as lettered1
Sec. 2. There is hereby added to Section 3 of $Ordinance No. 801 a new
Every plat, repiat, or subdivision of land shall comply with- the I in Ordinance No. 801-Al4, is hereby changed to Section (f). **
Section (g) , as follows:
. "(9)
Flood Plain IZanagement Zoning Ordinance (No. 816) of the City, which ordinance
is hereby incorporated herein by reference. 'I
See. 3.
Siction (h), as follows:
"(h) 'Every plat, replat, or subdivision of land within the Flood Plain
containing more than 50 lots or 5 acres shall shov thereon the elevation of the
Ylood' Plain. 'I
age and publication and, when effective, shall be filed with the office of the
Register of Deeds, Hennepin County, Minnesota, '
4
*- There is hereby added to Section 3 of Ordinance No. 801 a new I
*
Sec. 4. This ordinance shall be in'full force and effect-upon its pass-
&
41 3- 1 / 80
55
N 0
0, -3
U a
Pforioa for adoption of the ordinance was seconded by Councilwoman Schmidt.
Rollcall :
Ayes : Bredesen, Courtney, Richards, Schmidt, Van Va
Nays: None
Ordinance adopted .._
'f
ATTEST :
LOT 12, BLOCK 1, HOUND'S 1ST ADDITION VARIANCE DENIED ON APPEAL. Mr. Hughes pre-
sented the appeal of Mr. Robert Klein, 6300 Claredon Dr. from the Board of Appeals
and Adjustments decision approving a front yard setback variance for Lot 12, Block
1, Holand's 1st Addition.
Claredon Drive, had requested the 22 foot front yard variance for the purpose of
constructing a new garage in front of his house. Council's attention was called
to a letter from Mr. Jerry S. Zweigbaum, 6304 Claredon Drive, advising that he is
aware of "the great difficulties the Emmerich's and other nearby neighbors have
suffered due to the winter conditions of their driveway" and are "concerned with
safety and the storage of their vehicles during inclement conditions". Mr. Zweig-
baum's letter said that he had no objection to the variance.
questions of Councilman Bredesen, Mr. Emmerich said that he had discussed the plans
with each of his adjacent neighbors and that each had signed a letter addressed to
the City stating that they had no objection to the proposed variance.
ich explained that there is a three foot rise from the cul-de-sac to the base of
the proposed garage and the height of the columns is approximately fifteen*feet.
He referred to the fact that there are three glass windows across the top of the
garage tchich match the architecture of the house.
Councilman Courtney, Mr. Emmerich said that there are other three car garages in
the area ar,d that because of the way the garage is proposed to be built into the
hillside, the visual impact is substantially less than it would otherwise be.
Mr. Robert Cadwell of Soil Testing of Minnesota, said that there would be no prob-.
lem building another garage farther back on the lot and suggested that Council '
-should not set aside City ordinances which were written to protect neighborhoods
against this sort of construc.tion. Following discussion, Comcilman ??chards
moved that the Council reaffirm the decision of the Board of Appeals and Adjust-
ments to approve the variance.
Courtney's motion that Council deny the variance was seconded by Councilwoman
Schmidt.
Mr. Hughes recalled that Mr. Richard Emmerich, 6302
In response' to
Mr. Emmer-
In response to a question bf
The motion died for lack of a second. Councilman
Rollcall:
Ayes : Bredesen, Caurtney, Schmidt
Motion carried.
Nays : Richards , Van Vilkenburg .r
PARKWOOD KNOLLS COUGAR TRAIL ADDITION GRANTED PXELIMINARY PLAT APPROVAL AND FIRST
READING OF ORDINANCE NO. 811-A137. Affidavits of Notice were presented by Clerk,
approved as to form and ordered placed on file.
the property in question includes two developed double bungalow loLs and a uortion
of the street right-of-way for Cougar Trail which is proposed to be vacated in
that the plat to the East does not anticipate the extention oE Cougar Trail.
explained that the proponent is requesting R-2 zoning Tor the site, which zon-
ing is consi$.tent with abutting lots and would measure 100 x 150 feet and would
satisfy the zoning ordinance requirement. Mr. Hughes also recommended that the '
plat and zoning be approved. subject to the vacation oE Cougar Trail, that the
subdivision dedication be based on the newly created lot, that removal of an
existing water stub and valve in the Cougar Trail right-of-way and installal
tion of double sewer and water connections be .removed and also that a lateral
sewer line be installed ae this tine along the Northerly portion of the new
lot to serve the proponent's property to the East. In response to a question
of Councilman Richards, Mr. Harvey Bansen, the proponent, advised that he did not
.know the value of the lot at this time, and was asked to have the information
available when the matter comes back to Council for Second Reading ar.d final plan
Mr. Wallace Kenncth said that he is an adjacent property owner and
Mr. Hughes advised Council that
He
*
L/ approval.
I
.r.asked that the record show that when his property comes up for rezoning,"he
liopes that he also should have reasonable consideration as to what has transpired.
No further discussion being heard, Councilman Courtney of fcred the following
. ordinance for First Reading, subject to the conditions recommended by the staff
and the Cornmunity Development and PLnnning Commission: ORDINANCE NO. 811-A137
AN ORDINANCE &NXNDT.NG THE ZONING ORDINANCE (NO. 811)
TO R-2 - MULTIPLE RESII?ENT:CAL DISTRICT
BY REZONING PROPERTY FROM R-l PX,SIDENTIAL DISTRICT
41 2 11'80
56
THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS:
Section 1.
hereby amended by adding the following thereto :
"The extent of the R-2 Nultiple Residential District is enlarged by the
addition of the following property:
3, Parkwodd Knolls 15th Lddition', .and all that part of Cougar Trail as platted
in Par-kqood Knolls 15th Addition which is in Sub-District R-2."
Sec, 2.
Paragraph 1 of Section 4 of Ordinance No. 811 of the City is
* Thd' South- 2@ feet, of Lot 1, Block 2, and the North 20 feet of Lot 1, Block .
\
This ordinance shall be in full force and effec? xpon its passage *, and publication. .
Councilman Courtney then offered the following resolution granting preliminary plat
approval for Parkwood Knolls Cougar Trail Addition, also subject to the conditions
set forth by the Community Development and Planning Commission, and moved its
adoption :
BE IT RESOLVED by the Ediaa City Council that that certain plat known as Parhood
Knolls Cougar Trail Addition, platted by Harvey Hansen Construction Company, and
presented to the Edina City Council at its Regular lleeting of April 21, 1980, be
and is hereby granted preliminary plat approval.
Xotion for adoption of the resolution was seconded by Councilman Bredesen.
"
RESOLUTION
Roll call :
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Resolution adopted.
COUGAR TRAIL IN PARKWOOD KNOLLS 15TK ADDITION VACATION APPROVED. Affidavits of
Notice were presented by Clerk, approved as to form and ordered placed on file.
No objections being heard, Councilman Richards offered the following resolution
vzcating Cougar Trail in Parkwood Knolls 15th Addition and moved its adoption:
RESOLUTION VACATING
>* PORTION OF COUGAR TRAIL
WkEREAS, a resolution of the CicCouncil, adopted the 7th day of April, 1980,
fixed*a date for a public hearing on a proposed vacation of a portion of Cougar
Trail located in Parkwood Knolls 15th Addition; and
WEF;REAs: two weeks' published and posted notice of said hearing was given and the
hearing was held on the 21st day of, April, 1980, at. which time all persons desiripg .
to be heard were given an opportunity to be heard thereon; and
l.IKEREAS, the Council deems it to be in the best interest of the City and of the
public that said street vacation be made; and
UBEICEAS, the Council has considered the extent to which 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-or telephone poles and lines, gas and sewer lines, or yater
pipes, mains and hydrants on or under the area of the proposed vacation, to con-
tinue maintaining the same, or to enter upon such street or portion thereof vacated
NOW, THERJZFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Ninnesota, that the following described portion of Cougar Trail be and is
hereby vacated effective as of April 22, 1980:
- to maiFtain, repair, replace, remove, or otherwise attend thereto;
All that part oE Cougar Trail as platted in Parkwood Knolls 15th
Addition
and t5at the Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared, entered in the transfer record of the County Auditor,
ani! filed with the Register of Deeds, in accordance with Minnesota Statutes,
Section 412.851.
Notion for adoption of the foregoing resolution was seconded by Councilman Bredesen.
-. 1 Xollcall :
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
Resolution adopted.
LOT I BLOCK 2 AND LOT 1 BLOCK 3, PARKWOOD KNOLLS 15TE ADDITION EASDENT VACATION
APPRG'CTED. Affidavits of Notice were presented by Clerk, approved as to form and'
ordered placed on file.
utility easement vacation in Lot 1, Block 2, and Lot I, Block 3, Parkwood Knolls
15th Addition, Councilman Richards offered the following resolution and moved its
adoption :
No objections being heard to the proposed drainage and
RESOLUTION VACATING . 1.
UTILITY AND DRAINAGE EASEMENT
T\THEREAS, a resolution of the City Council, adopted the 7th day of April, 1980,
fixed a date for a public hearing on a proposed vacation of easement for drainage
and utility purposes; and
cu 0
. .. ., '
4/21/80
57
WHEJUAS, two weeks published and posted notice of said hearing was given and
Lhe hearing was held on the 21st day of April, 1980, at which time all persons
desiring to be heard were given an opportunity to be heard thereon; nnd
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said easement vacation be made; and
WHEREAS , the Council has considered the extent to which the vacation affects
existing easements within the area of th,e vacation and ghe extent to wlii'ch the
vacation affects the authority of any person, corporation, or municipality owning
or controlling electric or telephone poles and lines, gas and sewer lines, or
water pipes, mains and hydrants on or under the area of the proposed vacation, to
continue maint9ining.the same, or to enter upon such easement area or portion
thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following described utility and drainage easement be
and is hereby vacated effective as of April 22', 1980:
That utility and drainage easement located in the South 10 feet of Lot 1,
Block 2, and the North 10 feet of Lot 1, Block 3, all in Parkwood Knolls
15th Addition --
and that the Clerk is authorized and directed to cause a notice of completion of
proceedings to be prepared, entered in.the transfer record of the County Auditor,
and filed with the Register of Deeds, in accordance with Minnesota Statutes,
Section 412.851.
Motion for adoption of the resolution was seconded by Councilman Bredesen.
Rollcall :
Ayes: Bredesen, Courtney, Xichards, Schmidt, Van Valkenburg
Nays: None
Resolution adopted.
50TH AND FRhiNCE PROFESSIONAL AREA PARKIl?G PERMITS INCREASED TO 500 SUBJECT TO
SECOND READING OF ORDINANCE 1232-A1. Mr. Rosland recalled that the proposed
increase in the nurcber of 50th and France Area Parking Permits had been continued
from April.7, 1980, so that the staff could discuss the matter further with 50th
and France merchants, and advised that the staff now recommends that the number
of permits be increased from 400 to 500 as requested by the merchants. Council-
man Courtney thereupon offered the following ordinance for First Reading as fol-
lows :
1 O!3DINANCE NO. 1232-Ai .- L
AN ORDINANCE AMENDING ORDINANCE NO. 1232
PERMITTING ISSUANCE OF 500
50TH AND FRANCE PARKING RAMP PERMITS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 3 of Ordinance No. 1232 is hekcby amended to change the
number of permits allowed to be issued for the 50th and France Parking Ramp Per-
mits from l+OO to 500.
Sec. 2.
and publicat ion.
Councilman Richards requested that the Xdina Sun run a story in regard tQ the
additional parking permits so that residents would have an opportunity to respond
to the amendment.
administratively, rather than by ordinance.
This ordinance shall be in full force and effect upon its passage
The Mayor suggested that this batter might be handled
BIDS AWARDED FOR VARIOUS IMPROVEMENTS.
teen bids received in response to Advertisement for Bids in the Edina Sun and
Mr. Rosland presented tabulation of thfr-
Construction Bulletin for Sanitary Sewer Improvements Nos. SS-354 and SS-355,
Watermain Improvements Nos. WM-338 and WM-339, Storm Sewer Improvement No. ST.S-
163, Graveling Improvement No. C-131 and Sanitary Sewer Pipe Relining Improvement
No. PI,-1. Tabulation showed Hayes Contractors, Inc., low bidder for all improve-
ments of $83,168.72, C. Wayne Erickson, Inc.,. at $84,628.75, Brown & Cris, Inc.,
at $87,563.79, A.G.C. Mechanical at $91,087.64 and Crossings, Inc., high bidder
at $140,283.10 against Engineer's estimate of $110,623.68. Councilman Richards'
Eotion for award to recommended low bidder , Hayes Contractors , Inc., at $83,168.72
was seconded by Councilman Bredesen.
Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Ayes :
Says: ,None
Motion carried.
TFAFPIC I_- SAFETY COHMITTEE NINUTES OF APRIL 16, 1980, REVIEWED.
ney's motion accepting Section I3 of the Traffic Safety Com'ittee Minutes of Aprii
16, 1980, was seconded by Councilman Richards.
Councilman Court-
Ayes : Bredesen, Coartney , Richards , Schmidt , Van Valkenburg I
Xotion carried.
. Nays: None
4/21/80
NARY NELL IwB/LOYCE E RIE BLAK?3Y NOTICE OF CLAIM NOTED. Xr. Rosland advised
Council of a Notice of Claim filedbylfary Ne11 Webb and Loyce Marie Dlakey agcrinst
the City.
company. No action was taken.
WATEREikIN 'II!PROVEMEF?? \?b€-306 CONNECTION CHARGE LEVIED.
Dalen, Councilman ?&chards Qff-exed the following resolution and moved its adopt,ian:
BE IT RESOLVED that the Edina City Council does hereby authorize the assessment of
the connection charge for Natermain Improvement No. VM-306 in the amount of
$2,357.90 to be levied against Tract A, R.L.S. #3 (PINS 930-028-24-32-0045) over
a six year period at 6% interest, beginning in 1981.
Xotion for adoption of the resolution was seconged by Councilwoman Schmidt.
The matter has been referred to the City Attorney and the insurance
..
As recommended by Nr .
*' .* RESOLUTION 'I
I -
Rollcall :
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Nays: None
* . Resolution adopted.
HEALTH OFFICER DISCUSSED. Mr. Rosland said that he had discussed with Councilman .
Bredesen the concept of purchase of health services, along with Worker's Compensa-
tion insurance, but that he still believes that the Health Officer should remain
separate. Mr. Rosland said that he would be in touch with Dr. Rockwell. No
formal act €on was taken ..
AHLlNDSON AVENUE IN FINDELL'S 2ND ADDITION STREET VACATION HEARING DATE SET.
Councilman Bredesen offered the fol.lowing resolution and moved its adoption:
RESOLUTION CALLING PUBLIC HEARING
ON STREET VACATION L
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota,
as follows:
1.
of land abutting thereon that the following described street should be consid-
ered for vacation in accordance with the provisions of Minnesota Statutes, Sec-
tions 412.851 and 160.29:
2.
whether such streef vacation shall be made in the interest of the public..
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina-
Sun, being the official newspaper of the City,' the first publication at least 14
days prior to the date of such hearing and to post such notice, at least 14 days
prior to the dzte of such hearing, in at least three (3) public and conspicuous
places within the City as provided in Minnesota Statutes, Section 412.851. Such
notice shall be i-il substantially thk following form:
(Official Publication)
CITY OF EDINA
EDINA, MTNNESOTA 55424
NOTICE OF PUBLIC HEARING
It is hereby found and determined after receipt of the petition of the owners
-I Amundson Avenue within the plat of Findell's 2nd Addition.
This Council sliall meet at the time and place specified in the fqrm of notice
~a"c~-c~&~ ia zLliagrr;ph .n .-..e 3 herrzaf for the pdrpcse 05 holding a public hearing on
.
.
d 4801 W, 50TH STREET
.. ON VACATION OF STREET IN THE CITY OF EDINA
HENNEPIN COUNTY , MTNNESOTA
AMUNDSON AVENUE WITHIN THE PLAT OF FINDELL'S 2ND ADDITION
NOTICE IS HIBEBY GIVEN that the City Council of the City of Edina, Hermepin
County, MZnnesota, will meet at the Edina City Hall, 4801 I?. 50th Street, on May
19, 1980, .at 7:OO p.m. for the purpose of holding a public hearing on the proposed
vaczi5on of the following street:
All persons who desire to be heard with respect to the question of whether or
no-t the above proposed street vacation is in the public interest and should be
made shall be heard at said time and place.
extent to which such proposed street vacation affects existing easements within
the.area of the proposed vacation and the extent to which the vacation affects
the authority of any person, corporation or municipality owning or controlling
electric or telephone poles and lines, gas and sewer 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 street or portion thereof vacated to
maintain, repair, replace, remove, or otherwise attend thereto, for the purpose
of specifying, in any such vacation resolution, the extent to which any or. all of
any such easements, and such authority to maintain, and to enter upon the area
of the proposed vacation, shall continue.
I Amundson Avenue within the plat of Findell's 2nd Addition
.
The Council shall consider the
_.
.
By Order of the Edina City Council.
Florence B. Hallberg, City Clerk
4/'21/ 10
_. , .-
59
Motion for adoption of the resolution was seconded by Councilwoman Schmidt.
Ro 1 lcal 1:
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Vallcenburg
Nays: None.
Resolution adopted.
LNFILTRATION/INFLOW ANALYSIS PROGWf DISCUSSED. Mr. Etosland advised Council that
Edina is one of the cities in the metropolitan area which appears to have an exces-
sive infiltration and inflow into the sanitary sewer system and presented an agree-
ment under which the Metropolitan Waste Control Commission would act as the grant
agency for the City in an attempt to deternine.the cause of the problem.
explained that the Metropolitan Wzste Control Commission had received a $1,000,000
federal grant which allows engineering studies and that the City would only be
responsible for paying 10% of the cost of the study and of any program necessary
to correct any problem. Councilman Courtney clarified that 31 communities are
involved.
subject to the condition that the City would be repaid by the Metropolitan Sewer
Board within 30 to 60 days and also that the City would be relleved of any
responsibility if there are no federal funds available. Hr. Hoffman emphasized
that, unless funds were available.for rehabilitation, he did not think that the
City should participate.
obtain additional information to Council's questions.
He
Mr. Rosland recommended that participation in the program would be
.
It was informally decided that the City Manager should
No formal action was taken. cu 0 a, 9 No action was taken.
TRANK YOU EDINkSET FOR MAY 10, 1980.
that Edina students are conducting their Thank you, Edina program on May 10, 19SO.
Mayor Van Valkenburg reminded the Council
PARK BOARD/COUNCIL JOINT MEETING NOTED.
will be a joint Council/Park Board Meeting on April 22, 1980 at 4:OO p.m.
action was taken.
MANDATORY PLAN TO BE DISCUSSED AT SPECIAL COUNCIL MEETING.
reminded the Council that the City's Mandatory Plan will be discussed at'a
special Council. Meeting on Saturday, April 26, 1980, at 9:00 a.m.
taken.
The Mayor reminded Council that there ,
Q: Q: No
Mayor Van Valkenburg
No action was
'V'IBGIL A. D'cTTEER LETTER OK S'JBSIDIZED HOUSING XOTED. Csmcil 's attcction xv'zs
called to a letter from Mr. Virgil A. DunLer, Principal of Sheridan Elementary
School in the City of Richfield where children living in the housing project at
York Ave. and 76th Street attend school. Mr. Dunneer said that the children
have been well accepted and similar in all respects to children of "affluent
backgrounds". No action was taken.
TEMPORARY ON-SALE LIQUOR LICENSE STATUTE ADOPTED.
Attorney, Councilman Coilrtney offered the following resolution and moved its
adoption :
BE IT RESOLVED that the Edina City Council does hereby approve Chapter 41C of
1980 Minnesota Statutes authorizing the City to issue an on-sale 1iquor.iicense
for the Edina Foundation Ball.
Motion for adoption of the resolution was seconded by Councilman Bredesen.
As recommended by the City
RESOLUTION APPROVING MINNESOTA STATUTES , CHAPTER 410
Rollcall :
Ayes : Bredesen, Courtney, Richards , Schmidt, Van Valkenburg
Nays': None
Resolution adopted.
I
ORDINANCE NO. 434-A5 GRANTED FIRST READING. Councilman Richards offered the fol-
lowing ordinance for First Reading:
ORDINANCE NO. 434-A5
AN ORDINANCE AMENDING OPaINANCE NO. 434
TO DEFINE AND REGULATE SPECIAL PURPOSE POOLS, TO MEND
REGULATIONS OK DEPTH OF STJIMFlIHG POOLS AND TO
AMEND REGULATIONS FOR DECK AREAS
THE CITY COUNCIL OF THE CITY OF XDLNA, KINNESOTA, ORDAINS:
Section 1 of Ordinance No. 434 is hereby amended by adding the
following definition thereto :
"Special Purpose Pool" is any swimming pool constructed for purposes other
than recreational swimming.
to, treatment poois , therapeutic pools, whirlpools, spa p001.s and wading
Sec. 2.
as follows :
. Section 1.
This definition includes, but is not limited
pools. If
Paragraph (g) of Section 6 of Ordinance No. 434 isSamended to read
4/21/80
60
(g) Pool Deck. Unobstructed deck areas not less than 48 inches wide
shall be provided to extend entirely around each pool, including swimming pGols
and special purpose pools, even if more than one sucb pool, in any comblnation, is
constructed at the same location; provided, however, that when two or more pools
are located nest to each other, only one deck area ,not less than 48 inches wide
need be provided between the pools to serve the pools tq which the deck area is I
connected. Pool decks shall be.constructed above, but not more than 9 inches
above, the normal water line.
material, and the surface shall be such as to be smooth and easily cleaned and of
non-slip construction.
the foot, designea so as to prevent back drainage into the pool. If deck drains
are provided, drain pipe lines shall be at least two inches in diameter; drain
openings shall have an open area of at least four times the cross-sectional area
of the drain pipe. The deck drain system shall have indirect connections to the
sanitary sewer.
The deck area shall be constructed of impervious
- I The deck shall have a pitch of at least one-fourth inch to
The deck drains shall not be connected to the recirculation
system
434 is
except
arated
system
adding
3 feet
piping.
Sec. 3. The last paragraph of Paragraph (i) of Section 6 of Ordinance No.
amended to read as follows:
"The minimum depth for all pools hereafter constructed shall be 3 feet
for special purpose pools.
from swimming pools and shall be provided with a separate recirculation
of the kind and quality required by this ordinance."
Sec. 4, Paragraph (i) of Section 6 of Ordinance 434 is hereby amended by
the following paragraph thereto :
"The maximum depth of the shallow end of a swimming pool shall not exceed
6 inches except for special purpose pools and swimming pools constructed
Special purpose pools shall be physically sep-
for competitive swimming purposes. I'
and publicat ion.
Sec. 5. This ordinance shall be in full force and effect upon its passage
NASONIC LODGE PROPERTY ACCESS TO BE ACQUIRED BY CITY.
the County and State will now sell excess right-of-way along Crosstown Highway
62 adjacent to properties generally located North of the Crosstown Highway and
West of Gleason Road, which property is owned by the Edina Masonic Lodge, Mr. Rob-
ert Hamen, Bradley Investment Company and the Citizens State Bank of St. Louis
Park. As. %.ecommencied by Mr. Rosland, Councilman Courtney's motion authorizing
the staff to providi! preliziiiiaxy construction plans for the proposed road, with
the understanding that .an account be kept of the time involved was seconded by
Councilman Bredesen.
, Nzys: None
Mr. Rosland advised that
I
Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg
Motion carried.
FIRE DEPARTMEXT MAXAGEMENT RECOfiMENDATIbNS DISCUSSED. Mr . Rosland recalled that
a Fire Department Iknagement Study had been presented to the Council and he
responded to questions that had been asked of him. He said that he had contacted
three Police Reserve Officers who recommended that the City try the volunteer
services approach suggested previously in an attempt to hold Fire Department
costs down.
teer services approach. Mr. Rosland also suggested requesting that the County
exempt the City for a part of the mill rate as compensation for the fact that
Edina Paramedics relieve the County of emergency calls. Xr. Rosland suggested
that the promotion of the three Lieutenants be delayed until it is determined .
how a volunteer firefighter recruitment program would work out. He also recom-
mended that an Assistant Fire Chief be promoted at this time and one paramedic
be hired to replace that Assistant Chief. Nr. Rosland said that, if the County
does not contribute funds, the City may have to cut back on its paramedic ser-
vices. In response to a question of Councilman Bredesen, Mr. Rosland said that
the Assistant Chiefs are already backlogged in their work and that he thinks
that if the volunteer services are to work, additional leadership will be needed
to develop the pxogram. Following discussion, Councilman Courtney's motion was
seconded by Councilwoman Schmidt, allocating between $17,000 and $18,000 so the
City Hanager can pronivte an Assistant Fire Chief, hire an additional paramedic and
He said that he is also checking the union's reaction to the volun-
I
develop a-Volunteer Fire Department
Rollcall :
Ayes Bredesen, Courtney, Sclimi-d t ,
Nays : Richards
Motion carried. .
to assist regular
Van Valkenburg
Fire Department- persorinel.
CLAINS PAID. Notion of Councilman Richards was seconded by Councilwoman Schmidt
,. ..
4/ 22/80
for payment of the following claims as per PrP-List :
Park, $20 , 778.98; Art Fund , $2,935.75 ; Park Cons truct ion , $1,753.36 ; Swiinming
Pool, $311.22; Golf Course;-$23,116.56; Arena, $22,382.48; Gun FZinge,
$1,146.34; Water Fund, $25,549.32; Sewer Fund, $6,925.07; Liquor Fund,
$190,679.97; Construction $61,514.05; IBR Fund, $45,513.00; IBR I/%, $97,972.50;
Total, $703.854.96.
. Nays: None
General Fund , $203,270.35;
Ayes : Rredesen, Courtney , Richards Schmidt 'Van' Valkenburg
Motion carried.
Council's agenda having been covered, Councilwoman Schmidt's motion for adjournment
was seconded by Councilman Bredesen. Adjournment at 1O:OO p.m.
$l& c &
City Clerk CI
I
L