HomeMy WebLinkAbout19961216_regularJ1
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
DECEMBER 16,1996 - 7:OO P.M.
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.
*MINUTES OF THE REGULAR MEETING OF DECEMBER 2.1996, AND SPECIAL MEETING OF
DECEMBER 4.1996 Motion made by Member Smith and seconded by Member Kelly approving
Minutes of the Regular Meeting of December 2, 1996, and Special Meeting of December 4,
1996.
Motion carried on rollcall vote - five ayes.
PUBLIC HEARING ON PERMANENT STREET SURFACING WITH CONCRETE CURB AND
AVENUE AND FRANCE AVENUE CONTINUED TO JANUARY 6.1997 Affidavits of Notice were
presented, approved and ordered place on file.
GUTTEWSIDEWALK IMPROVEMENT NO. BA-309 WEST 66TH STREET BETWEEN YORK
Presentation bv Enaineer
Enaineer Hoffman reminded that on March 4, 1996, Council granted preliminary plan approval to the
Hehepin County project West 66th Street (County State Highway 53) from France Avenue to York
Avenue. Actions required to implement this project include: Final Plan Approval, Cooperative
Construction Agreement, Resolution authorizing the use of State Aid funds for the project, and re-
authorization of the project by the City. Engineer Hoffman explained re-authorization of the project
is necessary because more than twelve months will elapse before construction begins and the
original improvement hearing. The basic design elements of the project include: Two through lanes each way with turn lanes into Southdale Shopping Center;
One additional lane on the north side of the street for ingress-egress to numerous
driveways and streets; New traffic signals at Drew & W. 66th Street and W. 66th Street & Southdale exits
west of Firestone;
Replacement of sidewalk on the north side of W. 66th with brick pedway/bikeway;
Irrigated landscape system similar to the Grandview area;
New street lighting system replacing NSP system (similar to York, Valley View & W.
69th around Southdale);
Conversion of overhead power system to an underground system subject to City/NSP
agreeing upon location and costs of conversion; New storm sewer for entire length of the project; Similar entrance/exit design to west, south and east sides of Southdale; Cost estimated at 1.8 million dollars (portion of West 66th Street to be Federal Aid);
10% of the project funded through special assessment of commercial property
abutting project (rate at $40.00/foot); and Project designed to meet twenty year traffic projections (Year 201 7).
Engineer Hoffman stated Hennepin County and Southdale are not in complete agreement on the
proposed design because Firestone has issues over their curb cuts.
Member Maetzold asked about the City’s role in the Hennepin County/Firestone dispute? Engineer
Hoffman replied the City could let Hennepin County work out the issue with Firestone or it could
serve as a mediator.
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MinuteslEdina City CouncillDecember I fi, 1996
Member Smith asked if the disputed curb cut allows ingress and egress, ingress only, or egress only.
Engineer Hoffman answered the existing curb cut is a driveway allowing ingress and egress.
Mayor Richards asked Hennepin County Representative Brent Lindgren if deferring approval until
the details of the Firestone curb cut are resolved would be better? Mr. Lindgren replied that Hennepin
County could move forward with the project following either option.
Public Comment
Carl Erickson, representing JC Penney’s Southdale, the owner of the Firestone property, requested
the final approved design include a minimum of one curb cut for Firestone. Mr. Erickson stated
Firestone did not learn until October 26, 1996, they would loose their existing driveway. Firestone
adamantly requests a curb cut allowing at least ingress to the property from W. 66th Street.
Paul Skram, representing Equitable, owners of Southdale, explained in March Equitable hired a
consultant to review the proposed plan, but since Equitable does not own the Firestone property the
impact of closing curb cuts to the Firestone business was not reviewed by the consultant. It was only
in late October that the removal of the curb cuts and subsequent impact on Firestone’s business was
discovered. Mr. Skram added his support of allowing one curb cut providing access to the property
from W. 66th Street. He concluded that Firestone was willing to give up existing parking to provide
a turn lane and curb cut on their property.
I
Member Smith asked if Firestone gave up parking, would problems be caused at Southdale with
Edina’s Zoning Ordinance. Planner Larsen replied Southdale has more parking than required by
Code.
Member Smith moved to continue the public hearing for Permanent Street Surfacing
Improvement No. BA-309 West 66th Street between York and France Avenue until January 6,
1997. Member Kelly seconded the motion. Ayes: Kelly, Maetzold, Paulus, Smith, Richards Motion carried
*COMPREHENSIVE PLAN AMENDMENT CONTINUED TO JANUARY 6.1997 - QUASI PUBLIC
TO OFFICE -SITE OF LUTHERAN CHURCH OF THE MASTER (7128 FRANCE AVENUE SOUTH)
PINEHURST PROPERTIES Motion made by Member Smith and seconded by Member Kelly to
continue to January 6,1997, the Comprehensive Plan Amendment for Quasi Public to Office -
7128 France Avenue South (Site of Lutheran Church of the Master) (Pinehurst Properties).
Motion carried on rollcall vote - five ayes.
*PRELIMINARY REZONING CONTINUED TO JANUARY 6.1997 R-I SINGLE DWELLING UNIT
DISTRICT TO POD-I. PLANNED OFFICE DISTRICT (7128 FRANCE AVENUE SOUTH (SITE OF
LUTHERAN CHURCH OF THE MASTERIlPINEHURST PROPERTIES) Motion made by Member
Smith and seconded by Member Kelly to continue to January 6, 1997, the Preliminary
Rezoning - R-I single dwelling unit district to POD-I, Planned Office District - 7128 France
Avenue South (Site of Lutheran Church of the Master) (Pinehurst Properties).
*MINUTES OF JULY 16.1996 CORRECTED APPROVING CIRRUS ADDITION FINAL PLAN
NAME CHANGE TO EDEN OFFICE PARK ADDITION Motion made by Member Smith and
seconded by Member Kelly to correct the July 16,1996, Minutes approving Cirrus Addition
final plat name change to Eden Office Park Addition.
Motion carried on rollcall vote - five ayes.
R Motion carried on rollcall vote - five ayes.
*LOT DIVISION APPROVED - LOT 4. BLOCK I. LANDMARK ADDITION ON MALIBU DRIVE
IJOHN STAFFORD AND ARNOLD ABENS) Motion made by Member Smith and seconded by
Member Kelly introducing the following resolution approving the lot division for Lot 4, Block
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MinuteslEdina City CouncillDecember 16.1 996
I, Landmark Addition on Malibu Drive for John Stafford and Arnold Abens.
RESOLUTION
WHEREAS, the following described tracts of land constitute three separate parcels:
Lot 4, Block I, Lot 5, Block I Landmark Addition, Lot 11, Block I Parkwood
Knolls 23 according to the plat of record on file in the office of the Hennepin
County Recorder
WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the
following described new and separate parcels:
PARCEL A:
Lot 5 and that part of Lot 4, Block 1, LANDMARK ADDITION, according to the
recorded plat thereof, Hennepin County, Minnesota, lying northwesterly of the
following described line:
Commencing at the most westerly corner of said Lot 4, said corner being
common with Lot 5, said Block 1; thence South 32 degrees 15 minutes 14
seconds East, assumed bearing along the southwesterly line of said Lot 4, a
distance of 57.62 feet to the point of beginning of the line to be described;
thence North 63 degrees 22 minutes 15 seconds East, a distance of 143.74 feet
to the northeasterly line of said Lot 4 and said line there terminating, EXCEPT
the northerly 4.23 of said Lot 4, as measured perpendicular to and parallel with
the northwesterly line of said Lot 4, plus the northwesterly 4.23 feet of Lot 4,
Block I, LANDMARK ADDITION, according to the recorded plat thereof,
Hennepin County, Minnesota, are measured perpendicular to and parallel with
the northwesterly line of said Lot 4.
PARCEL B:
Lot I1 , Block 1 Parkwood Knolls 23 and that part of Lot 4, Block I , LANDMARK
ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota,
EXCEPT that part lying northwesterly of the following described line:
Commencing at the most westerly corner of said Lot 4, said corner being
common with Lot 5, said Block I; thence South 32 degrees 15 minutes 14
seconds East, assumed bearing along the southwesterly line of said Lot 4, a
distance of 57.62 feet to the point of beginning of the line to be described;
thence North 63 degrees 22 minutes 15 seconds East, a distance of 143.74 feet
to the northeasterly line of said Lot 4 and said line there terminating.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said Parcels as
separate tracts of land do not interfere with the purposes of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 810 and 850.
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of said Parcels as separate tracts of land is hereby approved and
the requirements and provisions of Code Section 810 and Code Section 850 are hereby
waived to allow said division and conveyance thereof as separate tracts of land but are not
waived for any other purpose or as to any other provision thereof, and subject, however, to
the provision that no further subdivision be made of said Parcels unless made in compliance
with the pertinent ordinances of the City of Edina or with the prior approval of this Council
as may be provided for by those ordinances.
Motion carried on rollcall vote - five ayes.
*LOT DIVISION GRANTED - OUTLOT A - SOUTH EDINA DEVELOPMENT THIRD ADDITION
Motion made by Member Smith and seconded by Member Kelly introducing the following
resolution granting a lot division for Outlot A, South Edina Development Third Addition.
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MinuteslEdina City CouncillDecember I& 1996
RESOLUTION WHEREAS, the following described tracts of land constitute three separate parcels:
Outlot A, South Edina Development Third Addition, according to the plat of
record on file in the office of the Hennepin County Recorder WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the
following described new and separate parcels:
PARCEL A
I
Those parts of OUTLOT A, SOUTH EDINA DEVELOPMENT THIRD ADDITION, according
to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin
County, Minnesota, embraced within the East Half of the Southwest Quarter of the
Southwest Quarter of Section 32, Township 28, Range 24, described as follows:
Tract I: The northerly 190.00 feet of the southerly 465.00 feet of the westerly 45.00 feet
of said East Half of the Southwest Quarter of the Southwest Quarter; and Tract II The
westerly 105.00 feet of said East Half of the Southwest Quarter of the Southwest
Quarter, lying northerly of the southerly 830.00 feet thereof; and Tract 111 The northerly
365.00 feet of the southerly 830.00 feet of the westerly 325.00 feet of said East Half of
the Southwest Quarter of the Southwest Quarter; EXCEPT that part of said Tract 111
Iying northeasterly of a line drawn southeasterly from a point on the northerly line of
said Tract 111 distant 90.00 feet westerly from the northeast corner of said Tract 111, as
measured along said northerly line, to a point on the easterly line of said Tract 111
distant 80.00 feet southerly from said northeast corner, as measured along said
easterly line; AND EXCEPT that part of said Tract 111 lying southeasterly of a line drawn
northeasterly from a point on the southerly line of said Tract Ill distant 100.00 feet
westerly from the southeast corner of said Tract 111, as measured along said southerly
line to a point on the easterly line of said Tract 111 distant 80.00 northerly from said
southeast corner, as measured along said easterly line;
and
All that part of OUTLOT A, SOUTH EDINA DEVELOPMENT THIRD ADDITION, according
to the recorded plat thereof, Hennepin County, Minnesota, which lies westerly of the
west line of the East Half of the Southwest Quarter of the Southwest Quarter of Section
32, Township 28, Range 24, and which lies northerly of a line parallel with and distant
275.00 feet northerly from the south line of said Southwest Quarter of the Southwest
Quarter.
AND
PARCEL B
All that part of OUTLOT A, SOUTH EDINA DEVELOPMENT THIRD ADDITION, not
described previously in “PARCEL A”
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said Parcels as
separate tracts of land do not interfere with the purposes of the Subdivision and Zoning
Regulations as contained in the City of Edina Code Sections 810 and 850. NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the
conveyance and ownership of said Parcels as separate tracts of land is hereby approved and
the requirements and provisions of Code Section 810 and Code Section 850 are hereby
waived to allow said division and conveyance thereof as separate tracts of land but are not
waived for any other purpose or as to any other provision thereof, and subject, however, to
the provision that no further subdivision be made of said Parcels unless made in compliance
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MinuteslEdina Citv CouncillDecember 16.1 996
with the pertinent ordinances of the City of Edina or with the prior approval of this Council
as may be provided for by those ordinances.
Resolution adopted on rollcall vote.
ORDINANCE NO. 850-A8 ADOPTED APPROVING FINAL REZONING FROM R-I, SINGLE
DWELLING UNIT DISTRICT TO PRD-3. PLANNED RESIDENCE DISTRICT (5120 AND 5124
FRANCE AVENUE - HANS KUHLMANN Affidavits of Notice were presented, approved and ordered
place on file.
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Presentation bv Planner
Planner Larsen noted that Council, on September 3, 1996, granted Preliminary Rezoning for the
subject property, for a two story, seven unit development. Hans Kuhlmann, proponent presented
plans requesting Final Rezoning. Planner Larsen explained the plans illustrate a seven unit, two story
building consisting of all one level condo-apartment style units served entirely by under building
parking. The units range in size from 1,895 square feet to 3,239 square feet. Access to the
underground garage is via a one way drive entering from the north and exiting from the south. Guest
parking is provided in a semicircular front drive. The final plans show a slightly changed roof line with
the scale, height, and footprint of the building remaining consistent with preliminary plans.
Planner Larsen reported the Planning Commission recommendation for approval of the Final
Rezoning conditioned on:
1. Landscaping Bond;
2. Watershed District Grading Permit;
3. Developer’s Agreement; and
4. Hennepin County Permit for Utility Work in Right-of-way.
ProPonent Presentation
Hans Kuhlmann, developer, presented graphics depicting the plans previously granted preliminary
approval and the current plan. Mr. Kuhlman pointed out the differences in the roof line, the additional
landscaping allowed under the new plan, and the reduced hard surfaces with the new driveway
design.
Public Comment
Mayor Richards noted no one appeared to speak regarding the final rezoning request.
Member Kelly moved to grant second reading of Ordinance No. 850-A8 as follows:
ORDINANCE NO. 850-A8
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 850)
BY REZONING PROPERTY TO PLANNED RESIDENTIAL DISTRICT (PRDS)
FROM SINGLE DWELLING DISTRICT (R-I)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Subsection 850.06 of Section 850 of the Edina City Code is amended by
adding the following thereto:
“The extent of the Planned Residential District (PRD-3) is enlarged by the addition of
the following property:
The extent of the Single Dwelling District (R-I) is reduced by removing the property
described above from the R-I District.”
Section 2. This ordinance shall be in full force and effect upon its passage and
publication.
Member Paulus seconded the motion. Mayor Richards stated he would not support the motion
because he believes the density is to high.
5120 and 5124 France Avenue South
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith
Nays: Richards
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MinutedEdina Citv CouncilIDecember dr! 1996
Ordinance adopted.
ORDINANCE NO. 1996-3 ADOPTED ON SECOND READING -AN ORDINANCE REQUIRING THE
ISSUANCE OF PERMITS FOR USE OF PUBLIC OR PRIVATE PROPERTY FOR FILMING OF
MOTION PICTURES. COMMERCIALS OR OTHER VIDEO PRODUCTIONS OR COMMERCIAL
PHOTOGRAPHY Assistant Manager Hughes explained minor changes had been made to
paragraphs A and C of Subdivision I of Subsection 1350.06, granting greater latitude to the City
Manager in issuing permits. Paragraph 4 in the same Subsection has been amended allowing the
City Manager to issue a second permit within the same 180 day period, provided the City Manager
concludes that the purpose and objectives of this Section will not be jeopardized. Paragraph 4, under
Subdivision 2 has been amended to allow the Council to waive the 180 day requirement. Subsection
1350.08 has been amended to make the requirement that insurance be posted discretionary on the
part of the Manager or City Council. All proposed changes provide for greater flexibility in the
administration of the Ordinance. Assistant Manager Hughes noted that staff recommends Second
Reading.
Public Comment
Mayor Richards noted letters had been received from James F. Preste, President of Preste and
Company, 7373 West 147th Street, Apple Valley, MN; and John and Rousty Harris, 5022 Bruce
Place, Edina, MN, opposing adoption of the ordinance.
Randy Adamsak, Executive Director of the Minnesota Film Board commented he found the City staff
very cooperative when dealing with them on a particular film production or regarding the proposed
Ordinance. However, Mr. Adamsak requested the Council continue action on the Ordinance allowing
additional discussion with industry people. He expressed particular concem with flexibility of the time
filming can be done outside, suggesting filming be allowed between 6:OO a.m. and midnight. Mr.
Adamsak reiterated the Board’s offer to help in both drafting the Ordinance and screening
productions within Edina. The filming of Jingle All The Way, according to Mr. Adamsak, brought
$250,000 into Edina. Feature films bring about $25 million annually into Minnesota and would be
affected only slightly by Edina’s proposed Ordinance. Other productions bring in approximately $250
million a year and would be adversely affected by the Ordinance. Mr. Adamsak expressed his
concern that Edina’s Ordinance would set a precedent felt throughout the entire State. He concluded
that Edina has about 100 residents in the film industry.
Elizabeth Boo, 5025 Bruce Place noted her house was involved in filming the movie Jingle All the
Way. Ms. Boo said she found the filming fun and a very positive experience for her neighborhood.
She urged Council to continue action on the proposed ordinance.
Brenda Barr, 5432 Brookview, stated she also was representing Ann Schaefer and both have had
several commercial shot at their homes. They have found the filming to be positive both personally
and for their neighborhood.
Ann Haley, Assistant Location Manager for both Jingle All The Way and Beautiful Girls, informed
Council she personally speaks to each homeowner in the neighborhood where filming is being
proposed. Ms. Haley stated she would have a difficult time reaching all residents in a neighborhood
if her time is spent testifying at Council public hearing. She requested the proposed ordinance be fine
tuned.
Abdelhafidh Bouassida, 51 12 Bedford Avenue, stated he was not against the ordinance, but had
problems with the 180 day limit and 500 feet limits to filming. Mr. Bouassida worried small businesses
will find this very restrictive.
Council Discussion
Mayor Richards noted the filming industry has been “zoning free” and he finds that situation
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MinuteslEdina Citv CounciVDecember 16.1 996
troublesome. The industry should not be without rules. In Mayor Richards opinion, the regulations
contained in the proposed ordinance are reasonable and have his support.
Member Smith agreed with the Mayor and added his belief that the proposed ordinance is not too
restrictive.
Member Maetzold advised his positive experience with filming Jingle All The Way leads him to
support the filming industry. However, the proposed Ordinance puts in place a process necessary
to keep neighborhood peace and establishes boundaries needed to meet the needs of Edina
residents while allowing the film industry to do business.
Member Paulus explained one issue concerning the film industry is the requirement that all vehicles
be parked on the property. She noted the difficulty of complying with this regulation, for example, in
the County Club area. Council briefly discussed this issue and their consensus was that residents
would have to work with neighbors to resolve the parking issue.
Member Smith moved Second Reading and adoption of Ordinance No 1996-3:
Ordinance No. 1996-3
AN ORDINANCE AMENDING THE CITY CODE TO REQUIRE THE ISSUANCE OF PERMITS
FOR THE USE OF PUBLIC OR PRIVATE PROPERTY FOR THE FILMING OF MOTION
PICTURES, COMMERCIALS OR OTHER
VIDEO PRODUCTIONS OR FOR COMMERCIAL PHOTOGRAPHY
THE CIN COUNCIL OF THE CITY OF EDINA ORDAINS:
1350.01 Purpose and Objectives. The purpose of this Section is to establish standards to
protect the health, safety and the general welfare of the public from the undesirable effects
associated with the filming of motion pictures and other commercial filming or photography.
1350.02 Definitions. The term “commercial photography” as used in this Section means all
activities associated with the production of motion photography or still photography for
which a fee is charged for the use, reproduction or showing of the product of the photography
including: motion pictures, commercials, advertisements, videos or other similar products.
1350.03 Permit Required; Exception. No person shall engage in commercial photography
on any privately owned property, publicly owned property, or public rights of way unless a
permit has been procured therefor. Provided, however, no permit shall be required for the
follow i ng :
A. Commercial photography taking place on non-residential property or public rights
of way provided that publicly owned property or public rights of way are not used
for staging, storage or parking vehicles or equipment.
B. Commercial photography intended only for the use and enjoyment of those
individuals whose person or property are being filmed and for which there is no
commercial value such as family portraiture and wedding photography.
C. Commercial photographers lawfully operating as a customary home occupation
pursuant to Section 850 of this Code.
1350.04 Application. The provisions of this Subsection are in addition to the requirements
of Section 160 of this Code. Any person or persons desiring a permit to conduct commercial
photography shall make application therefor on a form provided by the Clerk. The applicant
shall set forth the name, address, telephone number and date of birth of the person
responsible to fulfill the obligations of the applicant, the location of the place where the
commercial photography will take place; whether the commercial photography involves still
photography or motion photography; the time and duration of the filming and related
activities; whether or not artificial lighting will be used; a description of the types and
numbers of equipment that will be used; a description of proposed parking areas, street and
sidewalk closures, and outdoor staging areas; a description of the proposed use of City
Section I. The City Code is amended by adding a new Section 1350 as follows:
SECTION 1350- MOTION PICTURES AND COMMERCIAL PHOTOGRAPHY
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MinutedEdina Citv Council/December 16.4996
equipment and personnel; and an estimate of personnel and equipment needed for the
purpose of crowd control, security, traffic control and other public safety needs.
1350.05 Fee. The fee for a permit required by this Section shall be in the amount set forth
in Section 185 of this Code. The City may also establish and charge a fee for the rental of City
owned property for commercial photography. In addition to the permit fee, the applicant shall
pay all costs and expenses incurred by the City in connection with the commercial
photography. Such costs and expenses shall include, but not be limited to, charges for
personnel, equipment and damage to streets and other public property. Based upon the
information contained in the permit application, the applicant shall deposit with the Clerk a
prepayment of the City’s estimated costs and expenses. At the conclusion of the commercial
photography, actual costs below or in excess of the estimate will be refunded by the City or
paid by the applicant as the case may be.
1350.06 Review and Approval Process. The provisions of Section 160 of this Code shall
apply to all permits required by this Section and to the holders of such permits. Applications
for permits to allow commercial photography sessions shall be reviewed and approved as
fo I I ows :
Subd. I Manager Issuance. The Manager shall issue or deny applications for the
following:
A. Commercial photography that does not exceed three consecutive days in
duration provided that no outdoor filming or outdoor artificial lighting take place
before 7:OO A.M. or after 1O:OO P.M. B. Commercial photography where all filming takes place indoors and all parking,
storage and staging needs are accommodated on the property subject to the permit.
Such permits shall not exceed IO days in duration. C. Commercial photography taking place only on City park property provided that
no outdoor filming or outdoor artificial lighting take place before 7:OO A.M. or after
1O:OO P.M.
1. The commercial photography will not endanger the public health, safety,
morals, or general welfare;
2. The commercial photography will not cause undue traffic hazards, congestion
or parking shortages;
3. The commercial photography will not create an excessive burden or result in
damage to parks, streets, rights of way or other public property; and
4. No commercial photography permit has been issued during the preceding 180
days for a location within 500 feet of the location described in the application.
Provided, however, the Manager may waive this requirement and issue a new permit
if the Manager finds that the purpose and objectives of this Section will be furthered
by the issuance of the new permit. The Manager may require the applicant to
submit evidence satisfactory to the Manager that demonstrates that properties
located in the vicinity of the location proposed for commercial photography will not
be adversely effected by the issuance of a new permit.
Subd. 2 Council Issuance. The Council shall issue or deny permit applications which
may not be issued by the Manager under Subd. I of this Subsection. Following the
receipt of an application for such a permit, the Council shall conduct a public hearing
regarding the application. A notice of the date, time, place and purpose of the hearing
shall be mailed at least ten days before the hearing to each owner of property situated
wholly or partly within 500 feet of the lot or tract to which the application relates so far
as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor or from other appropriate records. After
hearing the oral or written views of all interested persons, the Council shall make its
decision at the same meeting or at a specified future meeting. The Council shall not
grant a permit unless it finds:
I. The commercial photography will not endanger the public health, safety,
I
I No permit shall be issued unless the Manager finds :
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Minut&/Edina Citv CouncillDecember 16.1 996
morals, or general welfare,
2. The commercial photography will not cause undue traffic hazards, congestion
or parking shortages,
3. The commercial photography will not create an excessive burden or result in
damage to parks, streets, rights of way or other public property, and
4. No commercial photography permit has been issued during the preceding 180
days for a location within 500 feet of the location described in the application.
Provided, however, the Council may waive this requirement and issue a new permit
if the Council finds that the purpose and objectives of this Section will be furthered
by the issuance of the new permit. The Council may require the applicant to submit
evidence satisfactory to the Council that demonstrates that properties located in
the vicinity of the location proposed for commercial photography will not be
adversely effected by the issuance of a new permit.
1350.07 Conditions. The Manager or the Council, as the case may be, may impose
conditions and restrictions upon the permit holder as deemed necessary for the protection
of the public interest and properties located in the vicinity and to ensure compliance with the
requirements of this Code. The Manager or the Council, as the case may be, may require that
the applicant submit evidence that a notice describing the proposed commercial photography
including the proposed dates thereof has been mailed to all effected property owners as
determined by the Manager. If so required, this notice shall be mailed following the issuance
of the permit but not less than five days prior to the date the commercial photography will
begin.
1350.08 Insurance; Indemnity. The Manager or the Council, as the case may be, may require
the applicant to file with the Clerk a public liability insurance certificate, issued by an
insurance company authorized to do business in the State. The policy shall insure the
applicant and name the City as an insured in the sum of not less than $1,000,000. The
applicant shall also indemnify and hold the City and the City's officials harmless from any
loss, cost, damage and expense arising out of the use of any premises for commercial
photography.
1350.09 Bond or Letter of Credit. The Manager or the Council, as the case may be, may
require the applicant to post a bond or letter of credit as a condition to the issuance of a
permit. If so required, the applicant shall file with the Clerk a surety bond that is valid and in
force and effect in a sum as determined by the Manager or the Council and which complies
with the requirements of Section 160 of this code. At the option of the applicant, a letter of
credit or cash deposit may be used in lieu of the bond. The letter of credit shall be irrevocable
and unconditional, issued by a national or state bank with its main office located in the
minneapolis-St.Pau1 metropolitan area, and otherwise shall be on terms approved by the
Manager. The bond or letter of credit shall be conditioned upon compliance by the applicant
with this Section and other provisions of the City Code and payment to the City of all fees,
expenses, fines and penalties required by this Code or State Law and payment to the City of
any damage the City may sustain by reason of such commercial photography.
1350.10 Duties of Permit Holder. Every permit holder under this Section shall:
A. Use only designated streets and parking areas.
B. Promptly restore all public property, streets, sidewalks and rights of way to their
original condition or better.
C. Comply with all conditions and restrictions of the permit.
D. Promptly undertake and complete all filming and related activities.
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MinuteslEdina Citv CouncillDecember 16.1996
Member Maetzold seconded the motion.
Rollcall: Kelly, Maetzold, Paulus, Smith, Richards
Resolution adopted. I FIRST READING GRANTED FOR ORDINANCE NO. 1996-6 - AN ORDINANCE ESTABLISHING
THE FEES FOR COMMERCIAL PHOTOGRAPHY PERMITS After a brief discussion Member
Smith moved first reading of Ordinance No. 1996-6 establishing fees for commercial
photography permits. Member Maetzold seconded the motion.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
First Reading granted.
*BID AWARDED FOR 11 PASSENGER BUS -SENIOR CENTER Motion of Member Smith and
seconded by Member Kelly for award of bid for I1 passenger bus for the Senior Center to
recommended low bidder, Boyer Ford at $30,134.00, all of which will be reimbursed to the City
from the Edina Foundation over a period of five years.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR NEW LIGHTING FIXTURES FOR COURTNEY BASEBALL COMPLEX
Motion of Member Smith seconded by Member Kelly for new lighting fixtures for the Courtney
Baseball Complex to recommended low bidder, Electric Service Company at $71,562.00. Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR 1996-97 TREE TRIMMING ASSESSMENT PROJECT FOR AREA 5 (WEST
OF HIGHWAY 100. SOUTH OF VERNON AVENUE. EAST OF HIGHWAY 169 AND NORTH OF
HIGHWAY 621 Motion of Member Smith and seconded by Member Kelly for 1996-97 tree
trimming assessment project for Area 5, west of highway 100, south of Vernon Avenue, to
sole bidder, Precision Landscape and Tree, Inc., at $1.24 per inch for trees 12 inches in
diameter and $2.62 per inch for trees over 12 inches in diameter.
"BID AWARDED FOR 1997 PUBLIC HEALTH NURSING CONTRACT Motion of Member Smith
and seconded by Member Kelly awarding the 1997 public health nursing contract to the
Bloomington Division of Health at $148,260.00.
I Motion carried on rollcall vote - five ayes.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR FIRE STATION TOILET ROOM REMODELING - ADA COMPLIANCE
PROJECT Motion of Member Smith and seconded by Member Kelly for award of bid for Fire
Station toilet room remodeling for ADA compliance project to recommended low bidder, Earl
Weikel & Sons Contractor at $1 0,442.00. Motion carried on rollcall vote - five ayes.
TRAFFIC SAFETY REPORT OF DECEMBER 6. 1996 APPROVED Traffic Safety Coordinator
Swanson referred to Section B (2) request for removal of parking restrictions for the northerly portion
of the 6100 block of Kellogg Avenue.
Staff prepared and mailed a questionnaire to six homes affected by removal of the signs. The
questionnaire inquired whether residents agreed or disagreed with removal of the signs; five were
returned. One questionnaire agreed with removal of the signs and four disagreed.
Ron Elmquist, 6100 Kellogg called eleven signs excessive and asked them to be removed. Staff
recommends denial of the request which would leave the signs and parking restrictions in place on
the 61 00 block of Kellogg Avenue.
Member Kelly made a motion approving the following actions as recommended in Section A
of the Traffic Safety Staff Report of December 6,1996, to
I
Page IO
Minutes/Edina Citv CouncillDecember 16.1 996
I) Install additional signage on Valley View Road - “LEFT LANE MUST TURN LEFT” sign
be placed north of West 66th Street and south of West 65th Street on the west side of
northbound Valley View Road; and
to acknowledge Section B 1 and Section C; and to uphold the decision of the Traffic Safety
Commission of Section B 2 denying the request to remove signage on the northerly portion
of the 6100 block of Kellogg Avenue.
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
I
*RESOLUTION APPROVING REPROGRAMMING OF YEAR 1994 FUNDS FOR URBAN
HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Motion made
by Member Smith and was seconded by Member Kelly adopting the resolution as follows:
RESOLUTION APPROVING 1994 REPROGRAMMING
OF YEAR FUND
URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM
WHEREAS, the City of Edina, through execution of a Joint Cooperation Agreement with
Hennepin County, is cooperating in the Urban Hennepin County Community Development
Block Grant Program; and
WHEREAS, the City of Edina has determined the necessity to reprogram YEAR 1994 Funds
from the Adaptive Recreation Program to the Rehabilitation of Private Property Program, and
held a public hearing on December 16, 1996, to obtain the views of citizens on the
reprogramming of said funds.
BE IT RESOLVED, that the City Council of Edina approved the following reprogramming of
funding from the YEAR 1994 Urban Hennepin County Community Block Grant program and
authorizes submittal of the proposal to Hennepin County for review and inclusion in the YEAR
1994 Urban Hennepin County Block Grant Program:
Passed and adopted this 16th day of December 1996.
*PETITION RECEIVED FOR STREET LIGHTING BETWEEN 6004 AND 6008 ARBOR LANE
REFERRED TO ENGINEERING FOR FEASIBILITY Motion of Member Smith and seconded by
Member Kelly to refer the street lighting petition between 6004 and 6008 Arbor Lane to
en ineering for processing as to feasibility.
$1,250 from the Adaptive Recreation Program 55046 to the Rehabilitation
of Private Property Program 55047
Motion carried on rollcall vote - five ayes.
dotion carried on rollcall vote - five ayes.
ORDINANCE NO. 1996-7 ADOPTED -AN ORDINANCE AMENDING SECTION 185 INCREASING
CERTAIN FEES FOR 1997 Member Kelly moved adoption of Ordinance No/ 1996-7 as follows:
ORDINANCE NO. 1996-7
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section I. The following described fees of Schedule A to Code Section 185 are
amended to read as follows:
41 0 41 0.02,
Subd. 1
Building permits If total valuation of work is
$1.00 to $500.00 - Then the
amount is: *$21 .OO;
$501 .OO to $2,000.00 *21 .OO for
first $500.00 plus $2.75 for each
additional $100.00 or fraction
thereof to and including
$2,000.00;
30
31
Page 11
MinuteslEdina City CouncillDecember lh 1996
41 0 cont.
41 0
41 0
450
450
605
41 0.02 Subd I
41 0.02 Subd 1
41 0.02 Subd 1
450.27, Subd. 4
450.27, Subd 4
605.07
Building permits cont
Reinspection fee
assessed under
provisions of 'UBC,
Section 305 (9)
Building Code
compliance inspection
Public or semi-public
swimming pool license
Public or semi-public
whirlpool bath or
therapeutic swimming
pool license
Permits required by UFC
Special hazard permit
$2,000.00 to $25,000.00 - "62.25
for first $2,000.00 plus $12.50
for each additional $1,000.00 or
fraction thereof to and
including $25,000.00;
$349.75 for first $25,000.00 plus
$9.00 for each additional $1,000.00 or fraction thereof to
and including $50,000.00;
*$574.75 for first $50,000.00
plus $6.25 for each additional
$9,000 or fraction thereof to
and including $100,000.00;
*$887.25 for the first
$100,000.00 plus $5.00 for each
additional $1,000.00 or fraction
thereof to and including
$25,000.01 - $50,000.00 - *
$50,000.01 to $100,000.00 -
$100,001.00 to $500,000.00 -
-
$500,000.00; $500,000.01 - $1,000,000.00 -
*$2,887.25 for the first
$500,000.00 plus $4.25 for each
additional $1,000.00 or fraction
thereof to and including
$1,000,000.01 and up -
*$5,012.25 for the first
$4,000,000.00 plus $2.75 for
each additional $1,000.00 or
fraction thereof.
$1,000,000.00;
$42.00 /hour or the total hourly
cost to City, whichever is
greatest.(lncludes supervision,
overhead, equipment, hourly
wages and fringe benefits of
employees involved.)
$150.00 Residential $320.00 Commercial
$355.00 per annum for each pool enclosed part or all of the
!% .OO per annum for each
outdoor pool
$95.00 for annum for each bath
or pool
Minimum Fee: $50.00
Class I: General Hazard and tire
safety inspections requiring a
special hazard permit - $50.00
32
33
34
35
36
37
38
39 40
81
82
83
95
I
I
I
Page 12
605.07
False fire alarm
61 5.03
$260.00 for the third and each
subsequent response within
one calendar year
625.04
635.02
71 0.04
71 6.02
1 d, -. :I
MinutblEdina Citv CouncillDecember 16.1 996
Permits required by UFC
Special hazard permit
'.<. L
License to service fire
extinguishers
Sprinkler permit fees:
Number of heads:
Class II: Special hazard inspection
involving various hazardous
materials andlor processes in
occupancies or buildings less
than 3000 sf in area - $100.00
Class 111: Special hazard
inspection primarily directed at,
but not limited to, buildings or
occupancies 3000 sf or larger
where any of the following are
present - $150.00
A. Multiple hazards
B. Storage handling, andlor
processes involving
C. Occupancies in which
evaluation or high valuation
presents unique circumstances
$25.00 per annum per person to be
licensed
Private sewage
disposal system
permit
$30.00
Recycling service:
Single Family
$7.44 per quarter
$7.44 per quarter
$6.18 per quarter
96
97
98
100
110
125
130
131
132
133
Page 13
MinuteslEdina Citv CouncillDecember lk 1996
720
~
720
735
BIO
350
720.04
Subd 3
720.04
Subd 3
735.03
81 0.09
850.04
Subd IC
850.04,
Subd. 2 A.2
Food establishment
license
Food establishment
license
Day care, limited food
establishment license
Take-out food facility
license
Packaged food sales
license
Food warehouse
license
Catering food
Itinerant food
establishment license
Retail candy shop
Potentially hazardous
food vehicle license
Fleet of 5 or more
potentially hazardous
food vehicles license Catering food vehicle
license
Food vehicle license
Fleet of 5 or more food
vehicles license
Pushcart license
Hotel. lodging or
boarding house
license
Plat and subdivision
filing fee
Variance fee
Fee for transfer of land to another zoning
district
$520 per annum
$470 if certified pursuant to
Subsection 720.04 Subd 3C of
this Code
plus $135.00 per annum for
each additional facility
$1 65.00 per annum
$350.00 per annum,
$300.00 if certified pursuant to
Subsection 720.04, Subd. 3C of
this Code
$155.00 per annum
$85.00
$520.00 per annum, $470.00 if
establishment license cerfified
pursuant to Subsection 720.04,
Subd. 3C of this Code, plus
$135.00 per annum for each additional facility
$90.00 per event
$65.00 per annum, plus $10.00
per license for each additional
facility
$105.00 per annum
$525.00 per annum
$190.00 per annum, plus $40.00
per annum for each add7
vehicle
$1 05.00
$525.00 per annum
$150.00 per annum
Hotels - $260.00 for 1-50 rooms
and $2.00 per each room over
50
Lodging & Boarding Houses -
$65.00 per location
For division of one or more lots
where no new buildable lots
are created: $100.00 per lot
Residential $150.00
5750.00 for all other transfers
135
135
136
137
138
4 39
140
141
I 42
143
144
145
146
147
147a
~
155
156
161
190
194
Page 14
Temporary on-sale
non-toxicating malt
liquor license
$52.00
i MinufedEdha Citv Council/December 16.1 996
900 900.06
Subd. 1
<
900.04
Subd. 2
Non-intoxicating malt
liquor license:
On-sale
Off-sale
$240.00 per annum (rqnewal)
$300.00 per annum (new)
$240.00 per annum (renewal)
$300.00 per annum (new)
207
208
209
21 0 I
I
900 900.1 6
Subd. 3
21 1
900 900.1 6
Subd. I 21 2
21 3
21 4
21 5
21 6 900 900.1 7
Subd. 6A
$72.00 per year Manager's license
I100 1100.03
Subd. 2
Based upon water usage
during quarter (three month
period falling between
November I and March I)
Sewer service charge:
Single family
dwellings,
townhouses, two-
family dwellings,
apartment buildings
containing four or less
dwelling units:
To and including 1600
cubic feet
From 1601 cubic feet
and over
Apartment buildings
with more than four
dwelling units
Sewer service charge:
Commercial and
industrial buildings,
including schools and
churches
$27.20 quarter 235
236
237
$1.70 per 100 cubic feet
$25.00 for each unit over four
or $1.70 per 100 cubic ft of
water used during the quarter,
whichever is greater
238 1100 1 100.03
Subd. 2
$34.00 per water meter or
approved sewage metering
device on premises, or $1.70
per 100 cubic feet of water
used during the quarter,
whichever is greater.
1100 I 100.03
Subd. 2
Water service: I. $.60 per 100 cubic feet for
areas of City, except areas
described below in 2.
242
I100 11 00.03
Subd. 2
Meter charge:
Up to % inch meter
I inch meter
I % inch meter
I % inch meter
2 inch meter
3 inch meter
4 inch meter
245 $7.27/quarter
9.85lquarter
I I .26/quarter
12.67lquarter
20.40lquarter
77.39/quarter
98.50/quarter
$950.00 per SAC unit X number
of SAC units computed
pursuant to Subsection
1105.01, Subd. 1 of this Code
1105 I1 05.01
Subd. 1
Service Availability
Charge (SAC)
250
Page 15
MinuteslEdina Citv CouncillDecember 12.1996
1305.03
1305.09,
Subd. I
1105
Scavenger license
Scavenger permit
1300
$180.00 for first license,
$125.00 for each annual
renewal thereof
$25.00
$10.00
1305 275
276
290
1305
740
1400
740.04 Parking Garage License $35.00 157 Parking Garage $65.00 158
Inspection Fee
1 105.02 Subd. I
I
1300.02
Subd. I
Charge for connection
to City water or sewer
system
Refuse or recycling
hauler license
$1000.00 minimum or
assessment cost of like
abutting properties
$230.00 per annum for first
vehicle
$65.00 for each additional
vehicle
251
270
, 1400.12 I Truck restrictive road I permit I I I
Section 2. Schedule A to Section 185 is hereby amended by adding the following fees thereto:
CLAIMS PAID Member Smith made a motion to approve payment of the following claims as
shown in detail on the Check Register dated December 11,1996, and consisting of 32 pages:
General Fund $277,928.13; C.D.B.G. $8,256.00; Communications $4,836.26; Working Capital
$20,305.63; Art Center $9,892.60; Swimming Pool Fund $2,701.71; Golf Course Fund
$25,239.32; Ice Arena Fund $9,748.99; Gun Range Fund $50.90; Edinboroughl Centennial
Lakes $12,038.43; Utility Fund $142,488.94; Storm Sewer Utility Fund $81 I .67; Recycling
Program $37.00; Liquor Dispensary Fund $31 9,486.90; Construction Fund $15,897.73; Park
Bond Fund $132,121.03; TOTAL $981,841.24; and for confirmation of the following claims as
shown in detail on the Check Register dated December 5,1996, and consisting of three pages:
General Fund $136,211.78; Art Center $300.78; Liquor Dispensary Fund $72,483.35; TOTAL
$208,995.91. Member Kelly seconded the motion.
Rollcall:
Ayes: Kelly, Maetzold, Paulus, Smith, Richards
Motion carried.
Page 16