HomeMy WebLinkAbout19960220_regularMINUTES
OF STHE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
FEBRUARY 20,1996
ROLLCALL Answering rollcall were Members Kelly, Maetzold, Paulus, Smith and Mayor Richards.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Smith and seconded by Member
Kelly adopting the Council Consent Agenda as presented.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
RETIRING EMPLOYEE RECOGNIZED The Council recognized, Doran Waltzer, a retiring Park Department
maintenance worker, for his twenty-two years of employment with the City. Mayor Richard commended Mr.
Waltzer for his service to the City and presented him with mementos of his employment. Mayor Richards
extended the City’s best wishes to Mr. Waltzer in his retirement.
POLICE DEPARTMENT PRESENTED DEFIBRILLATORS FROM FAIRVIEW SOUTHDALE HOSPITAL
Mark Enger, Senior Vice President and Administrator of Fairview Southdale Hospital, presented the Police
Department with five portable defibrillators to be available in vehicles responding to cardiac emergencies.
Mr. Enger introduced Molly O’Brien-Bianski, Fairview Hospital Emergency Outpatient Marketing Manager
and Lois Dokken, President of Fairview Southdale Auxiliary. Chief Bemhjelm accepted the defibrillators on
behalf of the residents of Edina.
WELCOME GIVEN TO TROOP 78 SCOUTS Mayor Richards welcomed Troop 78 Scouts from Southview
Middle School, and Highlands and Cornelia Elementary Schools. The Scouts are working on their citizenship
and government merit badges. I
*MINUTES OF REGULAR MEETING OF FEBRUARY 5, 1996. APPROVED Motion made by Member
Smith and seconded by‘Member Kelly approving the Minutes of the Regular Meeting of February 5,
1996.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARINGS HELD, ORDINANCE NO. 1995-9 ADOPTED AMENDING CODE SECTION 850.1 I
SUBD. 3(A) ALLOWING DAY CARE AS A CONDITIONAL USE IN R-I SINGLE DWELLING DISTRICTS,
AND CONDITIONAL USE PERMIT GRANTED FOR ESPECIALLY FOR CHILDREN, STEVE & PRISCILLA
WILLIAMS (5015 WEST 70TH STREET) Affidavits of Notice were presented, approved and ordered placed
on file.
Presentation bv Assistant Planner
Assistant Planner Aaker noted Council first considered the amendment adding day cares, preschools and
nursery schools as conditional uses in R-I Districts at the November 20, 1995, meeting. At the January 16,
1996, meeting Council heard testimony and reviewed the findings required when a granting conditional use
permit, but continued the hearing until February 5, 1996. Council granted First Reading to the amendment
February 5, 1996. Assistant Planner Aaker stated the proposed amendment would require two acres of land
as a minimum. The front street setback would be thirty feet and thirty-five feet would be required from all
other property lines.
Mayor Richards asked if any changes have been made to the amendment since Council granted First
Reading February 5, 1996. Assistant Planner Aaker replied the amendment had not changed.
Mayor Richards noted letters of support for the proposed amendment and Especially For Children’s
Conditional Use Permit request were received from Richard & Jayne Robins, Mark J. Condon, and Jung
Kwon &Amy Pak. The City also received a letter from Alan R. Hohenstein requesting the amendment be
defeated and subsequently the conditional use permit be denied.
MinuteslEdina City CouncillFebruaw 20.1996
Public Comment
Ann Menill, 3525 West 54th Street, stated her support of Especially For Children. Ms. Merrill requested that
Council consider the impact on the families involved in this issue. Ms. Memll’s children have had a nanny and been in home day care, but are currently in Especially For Children. Ms. Merrill stated that as a parent
good day care allows her to go to work with a sound mind and allows parents to pay mortgages and taxes.
Good day care also contributes to good citizenship.
Laura hold, 5032 West 70th Street urged the Council not to amend the ordinance. She does not believe
”for profit” businesses belong in residential areas. Ms. Arnold expressed concern with the many
expenditures needed to accommodate the Especially For Children site. She believes that Especially For
Children could find another location where less upheaval to the local neighborhood would happen.
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Nancy Peterson, 5512 Park Place asked if the ordinance amendment passes, would someone be allowed
to take down a suburban home and build a day care center? Ms. Peterson stated she felt granting the amendment is unfair to residential neighborhoods and believes the ordinance should be lei3 alone. Mayor
Richards replied the proposed amendment would permit day cares, preschools and nurseries in R-1 Districts
as a conditional use. He explained the process an applicant would follow when applying for a Conditional
Use Permit. First the proponent submits an application to the Planning Department for Planning Staff
review of the proposal. After Staff review the Planning Commission reviews the proposal and makes a
recommendation. Only after these reviews are completed is the proposal brought to the Council. The
Council holds a public hearing and decides whether the request meets the requirements of the Zoning
Ordinance before either granting or denying a conditional use permit.
Council Comment/Action
Member Kelly stated her belief that the amendment offers adequate protection of residential neighborhoods.
She stated Especially For Children is a well-run organization providing a needed service to Edina citizens.
Member Paulus clarified that Edina’s current code allows home day cares. She also noted the City will
require the proponent to pay for part of the street improvements with the remainder paid from State Aid
funds. Engineer Hoffman confirmed the $125,000 estimated cost of the street improvements. The Williams
share will be $40,000, consisting of $25,000 in special assessments and approximately $15,000 in land
dedication. The City will use Minnesota State Aid Funds to pay its share of the improvement. Engineer
Hoffman stated the City planned the remilling of West 70th Street before receiving the Especially For
Children request. Howkiver, the additional traffic lanes are in response to traffic concerns of residents
Mayor Richards indicated his support ‘of the amendment. ‘He pointed out the safeguards built into the
amendment. Specificalty8 the Especially’ For Children’s site ocation, physical setting and streets make it a
good transitional use to the surrounding neighborhood.
Member Kelly moved Second Reading and adoption of Ordinance No. 1995-9 as follows:
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expressed at public hearings. ‘I
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ORDINANCE NO. 1995-9
AN ORDINANCE AMENDING THE CITY CODE
TO PERMIT DAY CARE FACILITIES, PRESCHOOLS AND
NURSERIES AS A CONDITIONAL USE IN THE R-I DISTRICTS
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
a new paragraph G as follows:
Section I. Subd. 2 of Subsection 850.11 of Section 850 of the City Code is amended by adding
“G. Day care facilities, pre-schools and nursew schools.”
Section 2. Paragraph A of Subd. 5 of Subsection 850.11 of Section 850 of the City Code is
‘‘5. Day care facilities, pre-schools
and nursery schools. I
amended by adding a new subparagkph 5 as follows:
1% 2 acres” I t I* 1 I1
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MinuteslEdina Citv CouncillFebruarv 20, 1996
Section 3. Subparagraph 2 of Paragraph A of Subd. 5 of Subsection 850.11 of Section 850 of
"2. Elementary schools 5 acres"
Section 4. Subparagraph 4 of Paragraph B of Subd. 6 of Subsection 850.11 of Section 850 of
"4. Other Uses
the City Code is amended to read as follows:
the City Code is amended as follows:
a. All conditional use buildings or
structures including buildings
or structures accessory thereto
except parking lots, day care
facilities, pre-schools and
nursery schools. 50' 50' 50' 50'
b. Driving ranges, tennis courts
maintenance buildings and
swimming pools accessory to
a golf course 50' 50' 50' 50'
and nursery schools 30' 35' 35' 35' "
c. Day care facilities, pre-schools
Section 5. Subparagraph 7 of Paragraph A of Subd. 3 of Subsection 850.11 of Section 850 of
"7. Day care facilities, licensed by the State, located within the single dwelling
the City Code is amended as follows:
unit building."
Section 6. This ordinance shall be in full force and effect upon passage and publication.
Mayor
Member Maetzold seconded themotion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Ordinance adopted.
Member Kelly introduced the following resolution and moved adoption:
RESOLUTION GRANTING CONDITIONAL USE PERMIT
WHEREAS, the procedural requirements of Code Section 850 (the Zoning Ordinance) have been
met; and
WHEREAS, it has been determined that the Findings as required by Code Section No. 850.04 Subd.
4 have been satisfied:
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use
Permit to Steve and Priscilla Williams, 5015 West 70th Street for operation as a day care facility with
the following conditions:
I. Developers dedicate appropriate right-of-way to allow construction of the new signalized
intersection at West 70th Street and Metro Boulevard; and
2. Developers agree to a special assessment in the amount of $25,000.00 spread over ten years
for the improvements to West 70th Street. Developers waive any right of appeal to
aforementioned special assessment; and
3. Developers construct and pay for the north site driveway configuration as part of their
development plan.
Member Maetzold seconded the motion.
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MinutesIEdina City CouncillFebruarv 20,1996 I
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, Rollcall: I
Ayes: Kelly, Maetzold, Paulus, Smith and Richards
Resolution adopted. 1 I
PUBLIC HEARING HELD, CONDITIONAL USE GRANTED - CITY OF EDINA, CONSTRUCTION OF A
PARAMEDIC EMSIFIRE STATION 7301 YORK AVENUE' Affidavits of Notice were presented, approved
Presentation by Assistant Planner
Assistant Planner Aaker reported the City of Edina is seeking a Conditional Use Permit to allow construction
of a ParamedidFire Station in Yorktown park. Yorktown Park is classified as a neighborhood park and-has
an area of about 3% acres. The park contains a softball field, tennis courts and a city pumping station. The
tennis courts would be removed when the new station is built. Yorktown Park and all City parks are zoned
R-1, Single Dwelling Unit District. The Zoning Ordinance allows governmental buildings in all zoning districts
subject to a Conditional Use Permit.
The proposed station would have a first floor area of 4000 square feet with a mezzanine level containing
an additional 825 square feet. The building will contain three garage stalls and facilities for paramedics.
The building exterior would be a combination of brick and stucco with a standing seam metal roof. The site
pian provides for twelve parking spaces with an additional ten spaces available on the north side of the
building if needed. The building meets the fifty-foot setback requirement for Conditional Use buildings in the
R-1 District.
The proposed station will provide bays for an ambulance, a fire pumper and a utility vehicle. An EMS crew
would be stationed at the site for an eight-hour shift during the period between 9:00 a.m. and 8:OO p.m. The
fire pumper would not be manned on a regular shift, but would be used on-call by firefighters.
Assistant Planner Aaker stated Staff recommends approval of the Conditional Use Permit. The new fire
station meets Zoning Ordinance requirements for a governmental Conditional Use. The location of the new
station will improve service in a high demand area of Edina. At its January 31, 1996, meeting the Planning
Commission unanimously recommended approval of the Conditional Use Permit.
Public Comment
Mayor Richards noted letters were kece'ived from Elizabeth Odell, Lorraine Olson and Jean Koopman
requesting the new station be located on a different site.
John Rocheford, representing 7200 and 7220 York Avenue stated he received four letters from residents.
The residents are concerned that the station is proposed for a residential neighborhood. They suggest the
station be located in a more commercial area such as France Avenue. Mr. Rocheford also stated he had
received comments from residents at 7220 York who were happy to have the station.
and ordered placed on file. I' ! !'I I
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Sue Taylor, 7200 York Avenue expressed concern with placing a fire station in a high density residential
area. The sirens will be disruptive to several apartments, townhouses and condominiums. Ms. Taylor felt
it is not an appropriate use in a residential neighborhood and questioned whether a fire station would be
placed in a more traditional residential neighborhood.
Marvin Beaver, Edina Place on York; stated he lives directly across the street from the proposed station.
Mr. Beaver reported his wholehearted support of ithe station., He represents 139 condo units and they are
the people who need the station and tGey are glad to have the new station on the York Park site. Mr. Beaver
believes there will not be any more sirehs with the n8w station than the neighborhood experiences now.
Charles May, 7200 York Avenue commented heis aseven-year resident. He hears the sirens constantly
now. Mr. May realizes many elderly residents need the equipment, but voiced concern with the location of
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MinuteslEdina City CouncillFebruaw 20,1996
the station. Mr. May believes another location should be found.
Zack Lundberg, 6508 Pamell Avenue, stated his opinion that safety seems more important than noise. He
would rather have the annoyance of a few sirens than a longer response time of emergency crews.
John Klein, 5815 Abbott Avenue, concluded that residents want the station near but don't want the sirens.
Mr. Klein stated he would not mind the sirens if it meant emergency crews would be there quicker.
Council CommentlAction
Mayor Richards indicated his support of the new station at the proposed location. He stated that previous
fire stations such as the CiG Hall and the existing Tracy Avenue sites were both in residential
neighborhoods. Mayor Richards stated the City has studied this issue for approximately two years reviewing
fifteen sites in south east Edina. The final location was chosen because the site is near citizens needing
frequent service. Another important issue is the City owns the land in York Park as opposed to buying land
along France Avenue. The York Park site suits the needs of the people and is a fiscally sound location.
Member Maetzold stated his support of the location. A critical factor in selecting a site is fast response to
citizens in the south east part of Edina. The York Park site clearly meets this criteria.
Member Paulus pointed out that during daytime hours Edina's population nearly doubles. A major part of
the increased population comes into the south east end of Edina. This factor coupled with difficulty in
moving emergency vehicles across town makes the York Park site a good location. Placing the station
where emergency vehicles can respond quickly makes sense.
Member Maetzold introduced the following resolution and moved adoption:
RESOLUTION GRANTING CONDITIONAL USE PERMIT
WHEREAS, the procedural requirements of Code Section 850 (the Zoning Ordinance) have been
WHEREAS, it has been determined that the Findings as required by Code Section No. 850.04 Subd.
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby grants a Conditional Use
met; and
4 have been satisfied.
Permit to the City of Edina allowing the construction of an EMSlFire Station at 7301 York Avenue.
Member Paulus seconded the motion.
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Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted.
PUBLIC HEARING HELD, VARIANCE DENIAL UPHELD, DALE & BARB KELASH (5104 GORGAS
AVENUE1 Affidavits of Notice were presented, approved and ordered placed on file.
Presentation by Assistant Planner
Assistant Planner Aaker explained the subject property is located along the west side of Gorgas Avenue just
north of West 52nd Street. The property consists of a rambler with an attached one car garage built in 1950
and a detached two car garage in the rearyard built in 1994. In the fall of 1994, the homeowner asked about
Zoning regulations governing the addition of a two car garage on his property. Staff informed Mr. Kelash
that a maximum lot coverage of 2,250 square feet would be allowed. Shortly after the inquiry, a building
inspector noticed a 22' X 28' concrete slab had been poured in the rearyard of the subject site. The
homeowner was notified that a concrete slab is included in lot coverage calculations and the property was
in violation of Edina's Code.
On October 21 , 1994, the property owner applied for a building/demolition permit to construct a 22' X 28'
garage in the rearyard of his property and to remove a 12' X 14' section of his existing attached one car
garage. The partial demolition of the existing garage was required to conform with lot coverage
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MinuteslEdina City CouncillFebruaw 20,1996
requirements.
On November 15, 1995, Building Official Wasmund ndtified the property owner that his permit for construction and demolition of the garage had expired. It was evident upon inspection by the Building
Department that the new garage had be& completed without any demolition of the existing single attached
Assistant Planner Aaker stated Dale Kelish, the property owner, applied for a variance from the lot coverage
requirements to allow the existing one car garage to remain. Mr. Kelash, in his application, cited his lot is
only 66 feet wide and does not allow for addition of a second garage stall to the existing attached garage.
He felt removing the original garage would be detrimental to the look of the neighborhood.
Assistant Planner Aaker stated Mr. Kelash verbally offered three alternatives to the demolition: 1) to leave
the attached garage as it is today including the door; 2) to remove the overhead garage door and finish the
inside garage walls; or 3) to remove the garage walls and support the roof with posts. All three proposals require a lot coverage variance. Assistant Planner Aaker reported Staff cannot identify a hardship on the property that would support a variance and therefore, cannot recommend approval. In addition, at its
January 18, 1996, meeting the Zoning Board of Appeals unanimously voted to deny the variance request.
Proponent Comment
Dale Kelash, proponent, stated he was at Council at the request of the Zoning Board. Mr. Kelash said the
Zoning Board told him it was not their job to approve his variance because of the alternative designs he
presented.
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garage. I 1,'
Mayor Richards clarified that the requesf before Council wag an appeal of the Zoning Board's denial of Mr.
Mr. Kelash stated his lot is relatively small. The lot is 66 feet wide or nine feet short of the minimum width
now required for residential lots. If his lot had been 75 feet wide, he would have just added a two stall
garage. Mr. Kelash said the Building Code now requires houses be built with two car garages. He indicated
his desire to have a two car garage and since he had no other access to the backyard the only access was
through the existing garage. Mr. Kelash said in 1994 Staff told him lot coverage variances were not granted.
However, in 1995 a Staff member told he could apply for a variance.
Public Comment
Andy Castellano, 5108 Gorgas Avenue expressed his concern with the process followed. It appears that
someone can get a permit, not comply with the permit, then ask for a variance. The neighborhood is not
notified until well into the process. Mr. Castellano would be uncomfortable if this variance is granted
because the neighborhood could not express their opinions until after the fact.
t Kelash's variance request. i
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Member Smith indicated that the proponent convoluted th'e process but the permit issued was for both
demolition and construction. He feels that now the Zoning Ordinance should be followed.
Member Paulus asked why the demolition was not completed before the new garage was built. Assistant
Planner Aaker responded that generally demolition and construction occur at the same time. Building
Official Wasmund elaborated that 'he had many phone' conversations with the proponent between
approximately November 15, 1995 and into December of 1995. During those conversations he informed
Mr. Kelash that in the proper sequenbe of events a slight variance could be considered. However, in this
case the building permit had been completed but the demolition had not been completed, leaving the
proponent violating the Zoning Code! ;
Member Maetzold moved to affirm the January 18,1996 denial of the Zoning Board of Appeals of the
variance request of Dale and Barb Kelash, 5104 Gorgas Avenue. Member Smith seconded the motion.
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MinuteslEdina Citv CouncillFebruarv 20, 1996
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
PUBLIC HEARING HELD; UTILITY AND DRAINAGE EASEMENT VACATION GRANTED FOR THE
COVENTRY AT CENTENNIAL LAKES Affidavits of Notice were presented, approved and ordered placed
on file. Member Maetzold stated he would not be taking part in either the discussion or voting on this item
due to a possible conflict of interest.
Presentation by Engineer
Engineer Hoffman informed the Council of Peter Jarvis' request to vacate a portion of the utility and drainage
easement. Both Staff and utility companies have reviewed the request. Paragon Cable objected because
they have a pedestal located in the easement. The City discovered upon closer investigation that Paragon's
pedestal is not in the part of the easement proposed to be vacated. Staff recommended granting the
request to vacate a part of utility and drainage easement.
Mayor Richards called for public comment on the vacation request. No comment or objection was heard.
Member Smith moved adoption of the following resolution:
RESOLUTION VACATING EASEMENT
FOR UTILITY AND DRAINAGE PURPOSES
WHEREAS, a resolution by the City Council adopted the 5th day of February, 1996, fixed a date
for a public hearing on a proposed vacation of an easement for utility and drainage purposes; and
WHEREAS, two weeks published and posted notice of said hearing was given and the hearing was
held on the 20th day of February, 1996, 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
easement 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, 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 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 Countyr
Minnesota, that the following described utility and drainage easement be and is hereby vacated
effective as of February 20,1996:
All that part of the DRAINAGE AND UTILITY EASEMENT in OUTLOT A, THE CRESCENT AT
CENTENNIAL LAKES, according to the recorded plat thereof, Hennepin County, Minnesota, as
donated and dedicated by said THE CRESCENT AT CENTENNIAL LAKES, which lies within
OUTLOT A, OUTLOT B and LOT 7, BLOCK 1, THE COVENTRY AT CENTENNIAL LAKES 2ND
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota.
and
All that part of the DRAINAGE & UTILITY EASEMENT in OUTLOT B, THE COVENTRY AT
CENTENNIAL LAKES 2ND ADDITION, DESCRIBED AS FOLLOWS:
Commencing at the most easterly corner of OUTLOT A, said THE COVENTRY AT CENTENNIAL
LAKE 2ND ADDITION; thence on an assumed bearing of South 89 degrees 58 minutes 32 seconds
West along the boundary between said OUTLOT A and said OUTLOT B for 53.85 feet; thence North
00 degrees 01 minutes 28 seconds West for 7.12 feet to the actual point of beginning; thence North
81 degrees 38 minutes 55 seconds West for 33.61 feet; thence North 89 degrees 57 minutes 39 I
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MinuteslEdina Citv CouncillFebruary 20,1996
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seconds East for 34.16 feet; thence southerly for 4.99 feet along a non-tangential curve concave
to the west, radius 936.98 feet and central angle 00 degrees 18 minutes 18 seconds, the chord of
said curve bears South IO degrees 31 minutes 13 seconds West, to the point of beginning.
BE IT FURTHER RESOLVED thht the City 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 County Recorder, in accordance with Minnesota Statutes, Section 412.85.
Motion seconded by Member Smith. I
Ayes: Kelly, Paulus, Smith, Richards,
Rollcall: 1 1
Abstaining: Maetzold I , Resolution adopted. ” : (1
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ORDINANCE NO. 1995-13 ADOPTEb - AN ORDINANCE CREATING NEW CODE SECTION 740
REQUIRING LICENSING AND ANNUAL INSPECTION OF UNDERGROUND PARKING GARAGES IN
MULTIPLE FAMILY RESIDENTIAL BUILDINGS Sanitarian Velde informed the Council he met with property
owners February 8, 1996. He reported the changes to the ordinance included: splitting the license fee to
$35.00 per complex for the license and setting the inspection fee at $65.00 per building; setting the effective date of the ordinance as July 1 , 1996; allowing owners to submit a “Certificate” of Inspection as opposed
to an “Affidavit“ which requires a notarized signature; and changing Section 740.05, Subd I. Maximum Level
of Carbon Monoxide from ”9.0 parts per million” to “I 0.0 parts per million.” Sanitarian Velde continued he
rejected the owners’ request to allow electronic sensors to replace inspections, because there is no€ enough
data to support the sensors’ performance.
Council discussed the following provisions of the proposed ordinance: I) Did opening inspections to public
vs. keeping them with Staff cause problems with enforcement; 2) How to determine the validity of the person
certifying the inspection; 3) An effective date of July 1st ,vs. September 1st; 4) Would a certificate of
inspection be adequate as oppose’d to an “affidavit”; 5) Not allowing electronic sensors instead of
inspections; and 6) License and inspection‘ fees, ’
Public Comment ‘I John Rocheford, Rocheford InGan apartment management firm, stated the Edina Fire Department allows
apartment owners to contract with outside inspectors satisfactory to the Department to perform inspections
of their fire alarm systems. Mr. Rocheford asked for clarification of whether electronic sensors are
acceptable for use to trigger the operation of ventilation fans as long as they are not hooked up to alarms.
Sanitarian Velde replied the sensors +n be used to trigger the fans, but are not acceptable instead of
Norm Bjomnes, owner of Vemon Oaks and the Lincoln Apartmepts, added that the inspection reporting form
used by private contractors should be the same as the repodng form used by the Edina Health Department.
In addition, the City would prepare guidelines for inspections that would accompany the form. Mr. Bjomnes
asked that the one application be used for any and all licenses each entity obtains from the City. Sanitarian
Velde explained that the City is required to keep one set of application data with each category of license.
Member Smith moved Second Reading and adoption of Ordinance No. 1995-13:
f inspections. !I
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{ ORDINANCE NO. 1995-13
AN ORDINANCE ADDING NEW CODE SECTION 740
REQUIRING THE LICENSING AND INSPECTION OF PARKING
GARAGES ADJACENT TO MULTIPLE RESIDENTIAL BUILDINGS
“Section 740 - Ventilation of Parking Gakges for Multiple Dwellings
THE ClN COUNCIL OF THE CITY OF EDINA ORDAINS: 1
Section 1. The City Code is hereby amended to provide a new Section 740 as follows:
740.01 Purpose and Objectives. I /I
Subd. I Purpose. The pPrpose of this Section is to protect the public from unacceptable
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MinuteslEdina Citv CouncillFebruary 20,1996
levels of carbon monoxide in dwelling units.
Subd. 2 Objectives. The general objectives of this Section include the following:
Prevent carbon monoxide from exceeding the maximum level in dwelling units.
Monitor carbon monoxide levels periodically.
Correct and prevgnt conditions that may allow unacceptable carbon monoxide
Multiple Dwelling. Any building with three or more dwelling units as defined by Section 850 of
the Code.
Parkinn Garage. An enclosure used for vehicle parking measuring over 1000 square feet in
area and capable of being closed off from ambient air.
Ventilation System. An air exchange system operated by an electric exhaust fan and inlet
opening designed to ventilate a parking garage.
740.03 Scope. This section shall be applicable to all multiple dwellings with a wall, floor, or ceiling
adjacent to a parking garage.
740.04 License Required. No person shall own or operate a parking garage with a wall, floor or
ceiling which is adjacent to any multiple dwelling without first obtaining a license from the City. Where
more than one parking garage is located on one tract, as defined in Subsection 850.03 of this Code,
and the parking garages are owned or under the control of one applicant, one license shall apply to
all parking garages located on such tract.
Subd. I. License Application. The application for a license under this Section shall be
submitted on forms provided by the Clerk. The application shall be accompanied by the fee
in the amount set forth in Section 185 of this Code.
Subd. 2. License Procedure and Control. The provisions of Section 160 of this Code shall
apply to all licenses required by this Section and the holders of such licenses.
Subd. 3. Term. Licenses issued pursuant to this Section shall expire on June 30th of each
calendar year.
Subd. 4. Inspection Fee. An inspection fee for each parking garage, as set forth in Section
185 of this Code shall accompany the license application. In lieu of an inspection fee, the
applicant may submit a certificate, on forms provided by the Clerk, demonstrating proof that
the licensed premises are in compliance with this Section. Such certificate shall be completed
and signed by a person or persons who have satisfactorily demonstrated to the Sanitarian their
ability to accurately measure carbon monoxide levels in buildings and their ability to evaluate
the effectiveness of ventilation systems. The submission of said certificate shall not prohibit
the Sanitarian from entering and inspecting the licensed premises as set forth in Section
740.06.
740.05 Standards.
Subd. 1. Maximum Level of Carbon Monoxide. At no time shall the level of carbon monoxide
exceed 10.0 parts per million (ppm) within any dwelling unit, or other area located in a multiple
dwelling which is designed or used for residential occupancy.
Subd. 2. All components of ventilation systems shall comply with the
requirements of the Uniform Mechanical Code and shall at all times be fully operable for the
purpose of ventilating the parking garage.
740.06 Inspections and Right of Entrv. For the purpose of determining compliance with the
provisions of this Section, the Sanitarian is authorized to make inspections at such times as the
Sanitarian deems necessary, to determine the condition of the property and the carbon monoxide
level. For the purpose of making such inspections, the Sanitarian is authorized to enter, examine and
survey all dwellings, dwelling units, rooms, garages, and premises upon which the same are located
at all reasonable times including peak traffic periods. The owner, operator and occupant of every
dwelling, dwelling unit, and rooms, shall give the Sanitarian free access to such dwelling, dwelling
unit or room and its premises including parking garages for the purpose of such inspection,
A.
B.
C.
levels.
740.02 Terms and Definitions.
Ventilation.
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MinuteslEdina Citv CouncillFebruarv'20,: 1996 , I examination, and survey. Every ohcupant of a dwelling unit or rooms shall give the owner of it, or
the owner's agent or employee, afcess to any part of the dwelling unit or its premises, including
parking garages, at all reasonable times, for the purpose of making the repairs or alterations as are
necessary to effect compliance with the provisions of this Section.
Section 740.07 Enforcement
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Subd. 1. Notice of Violation. Whenever the Sanitarian determines that there has been a
violation of any one or more provisions of this Section, the Sanitarian shall give notice of such
alleged violation to the license holder in person or by registered mail. The notice shall:
A. Specify the violation or violations alleged to exist or to have been committed and the
repairs or improvements required to bring the dwelling, dwelling unit or rooms into
compliance with the provisions of this Section.
B. Provide a time limit for the correction of the violation or violations specified. If the
license holder cannot be found or served after diligent effort, service may be made upon
such person or persons by posting a notice in a conspicuous place in or about the dwelling
affected by the notice, in which event the Sanitarian shall include in the record a statement
as to why such posting was necessary.
Subd. 2. Imminent Hazard: Temporarv Condemnation. Whenever the Sanitarian finds any
dwelling, dwelling unit or rooms in a multiple dwelling in violation of the standards established
by this Section, and further finds (i) that by reason of such violation it presents an imminent
and serious hazard to public health, or to the physical or mental health of the occupants in it,
and (ii) that the repairs or improvements required to correct the violation do not appear
reasonably possible within a time which will be adequate to eliminate such imminent hazard,
then the written notice of violation provided for in Subd. I of this Subsection shall also state
that the premises are unfd for human habitation and shall order that the dwelling, dwelling unit
or rooms be vacated either immediately or after such period of time as the Sanitarian shall find
reasonable in view of the circumstances, pending the completion of action to eliminate the
violation. In such case the notice shall be served by delivering a copy to the person in real or
apparent charge and control of the multiple dwelling and by posting the same at a conspicuous
place upon the structure. In the case of a hazard which affects more than one dwelling unit in
a multiple dwelling, service shall be made upon an occupant of each dwelling unit, except that
the failure to make service upon an occupant of one unit shall not affect the validity or effect
of service of notice upon an occupant of other units.
Subd. 3. Failure to Correct Deficiencies. Whenever notice has been given in accordance
with Subd. 1 of this Subsection and the license holder has failed to correct the deficiencies
specified in Subd. 1 of this Section within the time allowed, the Sanitarian may either:
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A. Extend the time for correction of the deficiencies, or
B. Serve upon the license holder a written notice requiring that the dwelling, dwelling unit,
or rooms be vacated because it is unfit for human habitation.
Subd. 4. Contents of Notice. The notice shall (i) state the violation or violations which
remain uncorrected, and (ii) provide a time limit,; within which to vacate the premises. The
written extension of time or notice to vacate may be served personally or by registered mail in
accordance with the procedures set forth in Subd.1 of this Subsection.
Subd. 5. Correction of Violation bv Citv; Assessment of Cost. If the license holder fails to
comply, the Sanitarian may proceed to abate or remove the violation and have costs assessed
against the property according to procedures set forth in Section 1070 of the City Code.
Subd. 6. Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming unit which
has been designated as unfit for human habitation and placarded as such shall again be used
for human habitation until written approval is secured from, and such placarding is removed
by, the Sanitarian. The Sanitarian shall remove such placard whenever the defect or defects
upon which the designation and placarding action were based have been eliminated and the
dwelling, dwelling unit or rooming unit has been made to conform to the standards established
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MinutedEdina City CouncillFebruaw 20. 1996
by this Section.
Subd. 7.
or obscure any placard posted under the provisions of this Section.
Unlawful to Deface Placard. It shall be unlawful for any person to deface, remove
Section 2. Schedule A of Section 185 of the City Code is hereby amended by adding the following
fees:
- Sec Subsec of Feelcharge Amount Fee No.
740 740.04 Parking Garage License $35.00 458a
740 740.04 Parking Garage Inspection Fee $65.00 158b"
Section 3. This Ordinance shall become effective July 1, 1996.
Purpose
Attest:
Mayor
Member Maetzold seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Ordinance adopted.
*BID AWARDED FOR ONE ENGINEERING DEPARTMENT % TON PICK-UP Motion made by Member
Smith and seconded by Member Kelly to award the bid for one Engineering Department % ton pick-up
to McKays Fleet Sales through Hennepin County Contract #3579A5-232 at $14,687.57.
*BID AWARDED FOR ONE STREET DEPARTMENT % TON PICK-UP Motion made by Member Smith
and seconded by Member Kelly to award the bid for one Street Department % ton pick-up to McKays
Fleet Sales through Hennepin County Contract #3579A5-232 at $14,687.57.
Motion carried on rollcall vote - five ayes.
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Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ONE UTILITY DEPARTMENT % TON PICK-UP Motion made by Member Smith
and seconded by Member Kelly to award the bid for one Utility Department % ton pick-up to McKays
Fleet Sales through Hennepin County Contract #3579A5-232 at $14,687.57.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ONE UTILITY DEPARTMENT 314 TON PICK-UP Motion made by Member Smith
and seconded by Member Kelly to award the bid for one Utility Department 3/4 ton pick-up to Superior
Ford, Inc., through Hennepin County Contract #3579A5-232 at $19,455.42.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ONE UTILITY DEPARTMENT ONE-TON PICK-UP AND CHASSIS WITH 84 INCH
WHEELBASE Motion made by Member Smith and seconded by Member Kelly to award the bid for one
Utility Department one-ton pick-up and chassis with 84 inch wheelbase to Erickson Chevrolet through
Hennepin County Contract #3579D5-232 at $21,032.67.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR ONE, ONE-TON PICK-UP CAB AND CHASSIS WITH 60 INCH WHEELBASE Motion
made by Member Smith and seconded by Member Kelly to award the bid for one Street Department,
one-ton pick-up cab and chassis with 60 inch wheelbase to Erickson Chevrolet, Inc. through Hennepin
County Contract #3579D5-232 at $20,831 22.
Motion carried on rollcall vote - five ayes. I
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MinutesEdina City CouncillFebruarv 20, 1996
*BID AWARDED FOR ONE W TON EXTENDED CAB PICK-UP Motion made by Member Smith and
seconded by Member Kelly to award the bid for one Utility Department W ton extended cab pick-up
to McKays Fleet Sales through Hennepin County Contract #357965-232 at $18,715.62.
Motion camed on rollcall vote - five ayes.
*BID AWARDED FOR ANNUAL STREET SWEEPER BROOM STOCK PURCHASE Motion made by
Member Smith and seconded by Me,mber Kelly to award the bid for annual street sweeper broom
stock purchase to recommended low bidder, Jim Hatch Sales Co., at $13,198.33.
Motion carried on rollcall vote - five ayes.
I.
*BID AWARDED FOR ONE TOR0 GASiGREENSMOWER Motion made by Member Smith and seconded
by Member Kelly to award the bid for one Toro gas greensmower to sole bidder, MTI Distributing
Company at $47,328.63. I
Motion carried on rollcall vote - fivelayes.
*BID AWARDED FOR TWO FIVE GANG FAIRWAY MOWERS Motion made by Member Smith and
seconded by Member Kelly to award the bid for two five gang faitway mowers for Braemar Golf
Course to sole bidder, North Star Turf, Inc. At $45,092.10.
Motion camed on rollcall vote - five ayes.
TRAFFIC SIGNAL REQUEST AT 60TH AND XERXES SUPPORT DENIED Engineer Hoffman reported
during 1994 the Ci of Minneapolis reviewed the intersection of W. 60th Street and Xerxes Avenue (County
State Aid Highway 31) that borders' Edina and Minneapolis. Minneapolis concluded that traffic signal warrants were met for peak hour conditions and interruption of continuous traffic. At present, a four-way
STOP exists at this intersection.
Hennepin County reviewed the request that initially was not on the County priority list. Following further
review, the signal request moved into the top 35 priority projects. In a January 11, 1996, letter to
Minneapolis, the County stated they would allow the signal installed on their system.
Engineer Hoffman noted after reviewing the signal justification report, Staff agreed signal warrants were met. Staff surveyed 17 residents on Xemes Avenue and W. 60th Street on the Edina side with a response of eight in opposition, six in favor of installation and three did not respond. The Traffic Safety Staff review concluded
support should be given if acceptable financial arrangement could be accomplished between Edina,
Minneapolis and Hennepin County. I
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The intersection technically meets warrants but strong support does not exist from Edina neighbors,
Hennepin County or Edina Staff. In a cooperative effort to complete this process, Staff would recommend
if the signal installation is approved, the following conditions should apply:
1) Edina's share not exceed 25% of the signal construction because only one street leg (W. 60th Street) of four is an Edina street,
2) All future maintenance costs are shared in any fashion by Hennepin County and Minneapolis including NSP costs to provide electricity to the signal system, and
3) Edina's share, if approved, would be only costs eligible for state aid funding, thus no local costs would
be incurred.
Engineer Hoffman said precedent exists as Edina and Minneapolis agreed to a non-standard signal cost split
when the 50th & France signal project was completed on France Avenue.
Following a brief Council discussion,^ Member Kelly made a motion not to authorize Staff discussions
nor support Edina's participation in signal construction at 60th and Xerxes Avenue in collaboration
with Minneapolis and Hennepin County. Member Smith seconded the motion.
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Ayes: Kelly, Maetzold, Paulus, Smith, Richards
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MinuteslEdina City CouncillFebruarv 20. 1996
Motion carried.
VACANCIES NOTED ON BOARDSlCOMMlSSlONSlCOMMITTEES; APPOINTMENTS MADE TO ZONING
BOARD OF APPEALS Mayor Richards presented his recommendation for filling two positions on the Zoning
Board of Appeals, Meg Mannix and William Skallerud. He reminded Council that one vacancy exists on the
Art Center Board and two on the Community Health Services Advisory Committee, one consumer and one
provider and encouraged names of interested persons be submitted to him for possible appointment. Mayor
Richards said final recommendations for other boards, commissions, committees would be presented at the
March 4, 1996 regular Council meeting.
Motion made by Member Smith for consent of the Mayor's appointment of individuals to the Zoning
Board of Appeals, Meg Mannix and William Skallerud (3 year term to 2/1/99). Member Kelly seconded
the motion.
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Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
RESOLUTION ADOPTED CALLING FOR PARK REFERENDA SPECIAL ELECTION MAY 7 Attorney
Gilligan stated to formalize action taken by the Council at the February 5 meeting, Council should, by
resolution, call the May 7th special election and approve the form of the questions submitted to the voters.
Statements regarding property tax increases are required to be placed on the ballot as well, by Minnesota
Statutes, Sections 275.60 and 61 enacted in 1991.
Member Smith introduced the following resolution and moved adoption:
RESOLUTION DETERMINING THE NECESSITY OF
ISSUING GENERAL OBLIGATION BONDS AND
CALLING A SPECIAL ELECTION THEREON
BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows:
I. This Council has investigated the facts necessary to ascertain and does hereby find, determine
and declare that it is necessary and expedient for the City to borrow money by the issuance
of its general obligation bonds in the amount of $5,500,000 to provide funds to improve public
parks and other recreational facilities in the City, and that it is necessary and expedient for the
City to borrow money by the issuance of general obligation bonds in the amount of $2,500,000
to provide funds to expand Braemar Arena to provide an additional indoor ice skating rink.
2. The questions of issuing bonds in such amounts and for such purposes shall be submitted to
the vote of the qualified electors of the City at a special election to be held on May 7,1996.
3. The City Clerk is hereby authorized and directed to cause notice of the special election to be
given as required by Minnesota Statutes, Section 205.16.
4. The ballot for the special election shall be in substantially the following form:
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