HomeMy WebLinkAbout2017-01-09 Community Health Commission AgendaAgenda
Community Health Commission
City Of Edina, Minnesota
City Hall, Community Room
Monday, January 9, 2017
6:30 PM
I.Call To Order
II.Roll Call
III.Approval Of Meeting Agenda
IV.Approval Of Meeting Minutes
A.Approval of December 12, 2016 Meeting Minutes
V.Community Comment
During "Community Comment," the Board/Commission will invite residents to share relevant
issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit
the number of speakers on the same issue in the interest of time and topic. Generally speaking,
items that are elsewhere on tonight's agenda may not be addressed during Community Comment.
Individuals should not expect the Chair or Board/Commission Members to respond to their
comments tonight. Instead, the Board/Commission might refer the matter to sta% for
consideration at a future meeting.
VI.Reports/Recommendations
A.Tobacco Work Plan Item - Kicko*
B.Comprehensive Plan Discussion
C.Temporary Family Healthcare Dwellings
VII.Correspondence And Petitions
VIII.Chair And Member Comments
IX.Sta* Comments
A.Tri-City Meeting, March 13, 2017 @ 6:00pm
B.Fred Richards Park - Public Meetings
C.Southdale Library Site - Community Meeting
X.Adjournment
The City of Edina wants all residents to be comfortable being part of the
public process. If you need assistance in the way of hearing ampli9cation, an
interpreter, large-print documents or something else, please call 952-927-8861
72 hours in advance of the meeting.
DRAFT MINUTES
Community Health Commission
December 12, 2016 at 6:30 PM
City Hall, Community Room
I.Call To Order
II.Roll Call
Present: Britta Orr, Cathy Cozad, Connie Weston, Kristen Conner, Amanda Herr.
Student Member McKenna Knapp. Planning Commission Chair JoAnn Olsen.
Absent: Steve Sarles, Alison Pence, Caleb Schultz, Christy Zilka, Student Member
Nina Sokol.
III.Approval Of Meeting Agenda
Motion by Connie Weston to Approve Meeting Agenda. Seconded by Cathy
Cozad. Motion Carried.
IV.Approval Of Meeting Minutes
Motion by Connie Weston to Approve November 14, 2016 Meeting
Minutes. Seconded by Cathy Cozad. Motion Carried.
A.Draft Minutes November 14, 2016
V.Community Comment
VI.Reports/Recommendations
A.Comprehensive Plan Discussion
Jo Ann Olsen, Planning Commission Chair, met with CHC to discuss
comprehensive plan timeline, process, and methods for involving the CHC
as the comprehensive plan process moves forward. Health and wellness will
be involved in many chapters of the comprehensive plan and members will
work together with planning commission to develop process for evaluation
and incorporation of health issues.
B.2017 Work Plan
2017 CHC work plan approved by council. Discussed temporary family
healthcare dwelling item. Staff will find video/minutes from planning
commission and council regarding issue and send out to members.
VII.Correspondence And Petitions
DRAFT
VIII.Chair And Member Comments
IX.Staff Comments
A.Tri-City Meeting, March 13, 2017 @ 6:00pm
X.Adjournment
Motion by Connie Weston to Adjourn. Seconded by Cathy Cozad. Motion
Carried.
DRAFT
Date: January 9, 2017 Agenda Item #: VI.A.
To:Community Health Commission Item Type:
Report and Recommendation
From:Caleb Schultz, Community Health Commission
Item Activity:
Subject:Tobacco Work Plan Item - Kickoff Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
ATTACHMENTS:
Description
Tobacco21 Lessons Learned Article - KC
Possible Ordinance Language - Edina
Raising The Age Of Purchase For Tobacco
Products: Lessons Learned From Tobacco21
Jessica Hembreeand Scott Hall
March 31, 2016
GRANTWATCH
ASSOCIATED TOPICS: PUBLIC HEALTH
TAGS:CHILDREN, E-CIGARETTES, HEALTH PHILANTHROPY, HEALTH PROMOTION AND DISEASE PREVENTIONGW,
POLITICS, PREVENTION, PUBLIC HEALTH, SMOKING PREVENTION, TOBACCO
EDINA CODE OF ORDINANCES
ARTICLE VI. - SALE OF TOBACCO; LICENSING
DIVISION 1. - GENERALLY
Sec. 12-189. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Child-resistant packaging means packaging that meets the definition set forth in Code of
Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested
in accordance with the method described in Code of Federal Regulations, title 16, section
1700.20, as in effect on January 1, 2015.
Compliance checks means the system the city uses to investigate and ensure that those
authorized to sell tobacco or tobacco-related products, and tobacco-related devices are
following and complying with the requirements of this article. The term "compliance checks"
also means the use of persons under 21 years of ageminors who attempt to purchase tobacco
or tobacco-related products, or tobacco-related devices, for education, research and training
purposes as authorized by state and federal laws. Compliance checks may also be conducted by
other units of government for the purpose of enforcing appropriate federal, state or local laws
and regulations relating to tobacco or tobacco-related products, and tobacco-related devices.
Electronic delivery device and e-cigarette mean any product containing or delivering
nicotine, lobelia, or any other substance intended for human consumption that can be used by
a person to simulate smoking in the delivery of nicotine or any other substance through
inhalation of vapor from the product. Electronic delivery device includes any component part of
a product, whether or not marketed or sold separately. Electronic delivery device does not
include any product that has been approved or certified by the United States Food and Drug
Administration for sale as a tobacco-cessation product, as a tobacco-dependence product, or
for other medical purposes, and is marketed and sold for such an approved purpose.
Minor means any natural person who has not yet reached the age of 18 years.
Movable place of business means any form of business operated out of a truck, van,
automobile or other type of vehicle or transportable shelter and not a fixed address storefront
or other permanent type of structure authorized for sales transactions.
Nicotine or lobelia delivery product means any product containing or delivering nicotine or
lobelia intended for human consumption, or any part of such a product, that is not tobacco or
an electronic delivery device as defined in this section. Nicotine or lobelia delivery product does
not include any product that has been approved or certified by the United States Food and
Drug Administration for sale as a tobacco-cessation product, as a tobacco-dependence product,
Comment [PHLC1]: At some point, age-
related findings may be needed. They can be
incorporated into the adopted ordinance, or
separately submitted onto the record.
We can help with that assistance when needed as well.
Comment [PHLC2]:
Why would this be added? Beginning January 1, 2015, liquids (“e-liquids”
or “e-juice”) that are sold for use in electronic
delivery devices (more commonly referred to
as “electronic cigarettes” or “e-cigarettes”)
must be in child-resistant packaging.
The child-resistant packaging requirement is –
like most of our state tobacco licensing laws –
enforced locally by the cities and counties.
It is practically difficult – if not impossible – for
a local official to know whether any bottle
(vial, etc.) of e-liquid was 1) designed and 2)
tested to be child-resistant.
With a little ordinance language, cities and
counties can make their enforcement
responsibilities a little less burdensome. They
can require their licensees to provide written documentation of their compliance. That
language could or would be added to “Division
III – Rules and Regulations.”
The term “child-resistant packaging” has a
critical – and specific – meaning in the
regulations that follow. Defining all critical
terms is considered a better or best practice.
Comment [PHLC3]:
Why would this be changed?
Under current law – state and/or local –
minors (18 and under) cannot purchase tobacco and related devices and products.
Minnesota law requires at least one “youth
access” compliance check per year to monitor
retailer compliance with the age restrictions.
Minors – under law enforcement supervision –
attempt to buy tobacco (and related devices
and products).
When the minimum sales age is raised to 21, the city will want monitor whether retailers
are selling to anyone under 21. To do so, 18,
19, and 20 year olds should also be used in
some compliance checks. ...
Page 1
or for other medical purposes, and is being marketed and sold solely for such an approved
purpose.
Retail sale means any transfer of goods for money, trade, barter or other consideration.
Self-service merchandising means the open displays of tobacco or tobacco-related
products, or tobacco-related devices in any manner where any person shall have access to the
tobacco or tobacco-related products, or tobacco-related devices, without the assistance or
intervention of the licensee or the licensee's employee.
Smoking lounge means a location licensed to sell tobacco products where:
(1) Except for a bona fide sale of a smoking device, provided or otherwise made available
for use by a customer, potential customer, or any other person a smoking device for
the purpose of smoking any tobacco product;
(2) It is provided in exchange for a fee or any other consideration seating within or access
to the indoor area of a tobacco products shop; or
(3) It is permitted within the indoor area the sampling of any tobacco product which was
not furnished by the tobacco products shop on the date and at the time the sampling
occurs.
Tobacco or tobacco-related product means cigarettes and any product containing, made,
or derived from tobacco that is intended for human consumption, whether chewed, smoked,
absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, or any
component, part or accessory of a tobacco product; cigars; cheroots; stogies; perique;
granulated plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour;
cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps,
clippings, cuttings and sweepings of tobacco; and other kinds and forms of tobacco. The term
"tobacco" excludes any tobacco product that has been approved by the United States Food and
Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product,
or for other medical purposes, and is being marketed and sold solely for such an approved
purpose.
Tobacco-related device means any tobacco product as well as a pipe, rolling papers or
other device intentionally designed or intended to be used in a manner which enables the
chewing, sniffing, or smoking, or the inhalation of vapors of tobacco or tobacco-related
products. The term "tobacco-related device" includes electronic delivery devices and nicotine
or lobelia delivery products.
Vapor lounge means a location that sells electronic delivery devices where:
(1) Except for a bona fide sale of electronic delivery devices, provided or otherwise made
available for use by a customer, potential customer, or any other person a device or
product for the purpose of using an electronic delivery device product;
(2) It is provided in exchange for a fee or any other consideration seating within or access
to the indoor area of a shop that sells electronic delivery devices; or
Comment [PHLC4]:
Why would this be added? Minnesota law requires a local license – city or
county – to sell four types of products.
• Tobacco (cigarettes, cigars and other
products made, containing, or derived from
tobacco).
• Tobacco-related devices (pipes, rolling
papers and the like). • Electronic delivery devices (e-cigarettes
and other devices that simulate smoking).
And
• Nicotine or lobelia delivery products (a
product that contains/delivers nicotine or lobelia that isn’t 1) tobacco or 2) an
electronic delivery device). .
The first three are specifically covered by the
current ordinance (or code section), the fourth
isn’t.
Nicotine and lobelia delivery products aren’t a
big concern today. But the term would cover
synthetics and other derivate – something that could become a bigger issue in the future.
Formatted: Font: Not Bold
Comment [PHLC5]:
Why would this be added/changed? Consistency and/or uniformity with state law.
Inhalation of vapors was added to the
“tobacco-related device” definition we find in
state law.
Comment [PHLC6]:
Why would this be added?
Most efficient way to add “nicotine or lobelia
delivery products.” Wherever “tobacco-
related device” is found all throughout the
regulations, nicotine or lobelia delivery
products will be covered as well.
Note: While the most efficient way to add a
new term, it’s not necessarily the most ideal
way to do it. If there is broader interest in
Page 2
(3) It is permitted within the indoor area of a shop that sells electronic delivery devices
the sampling of any electronic delivery device product which was not furnished by the
shop on the date and time the sampling occurs
Vending machine means any mechanical, electric or electronic, or other type of device
which dispenses tobacco or tobacco-related products or tobacco-related devices upon the
insertion of money, tokens or other form of payment directly into the machine by the person
seeking to purchase the tobacco, tobacco-related product or tobacco-related devices.
Secs. 12-190—12-216. - Reserved.
DIVISION 2. - LICENSE
Sec. 12-217. - Required.
No person shall keep tobacco, tobacco-related products or tobacco-related devices for
retail sale or sell tobacco, tobacco-related products or tobacco-related devices at retail in the
city without first obtaining a license from the city. No license shall be issued for the sale of
tobacco, tobacco-related products or tobacco-related devices at a movable place of business or
from a vending machine.
Sec. 12-218. - License procedure.
The provisions of article II of this chapter shall apply to all licenses required by this article
and to the holders of such licenses, except that licenses shall be issued or denied by the
sanitarian. The applications for a license shall be on forms provided by the sanitarian and shall
be accompanied by the fee set forth in section 2-724.
Sec. 12-219. - Term of license.
Each license issued pursuant to this article shall expire on March 31 of each calendar year.
Secs. 12-220—12-246. - Reserved.
Page 3
DIVISION 3. - RULES AND REGULATIONS
Sec. 12-247. - Legal age.
No person shall sell any tobacco, tobacco-related product or tobacco-related device to any
person under the age of 21 and no person shall purchase or otherwise obtain such items on
behalf of a person under the age of 21minor.
(1) Age Verification. Licensees shall verify by means of government-issued photographic
identification that the purchaser is at least 21 years of age. Verification is not required for a
person over the age of 30. That the person appeared to be 30 years of age or older shall not
constitute a defense to a violation of this subsection.
(2) Signage. Notice of the legal sales age and the age verification requirement shall be
posted at each location where tobacco, tobacco-related products or tobacco-related devices
are offered for sale. The required signage, which will be provided to the licensee by the city,
shall be posted in a manner so that it is clearly visible to anyone who is considering or making a
purchase.
Sec. 12-248. - Controlled substances.
No person shall sell or keep for sale any tobacco containing any controlled substance as
defined in article VI of chapter 22, except nicotine or tobacco.
Sec. 12-249. - Vending machine and movable place of business.
No person shall sell any tobacco, tobacco-related product or tobacco-related device from a
vending machine or from a movable place of business.
Sec. 12-250. - Self-service merchandising.
No person shall sell any tobacco, tobacco-related product or tobacco-related device by
means whereby the customer may have access to such items without having to request
assistance from an employee of the licensed premises. The assistance or intervention shall
entail the actual physical exchange of the tobacco, tobacco-related product or tobacco-related
device between the customer and the licensee or employee. All tobacco, tobacco-related
products or tobacco-related devices shall be stored or displayed behind a sales counter or in
Comment [PHLC7]: Why would this be added/changed?
In order to raise the minimum sales age to 21,
and to prohibit people from purchasing
tobacco on an underage person’s behalf.
Note: These two restrictions are found in the
city’s current code, with only the minimum
age changed from 18 to 21.
While it would apply to any sale, the
restrictions are as a whole retail-retailer
focused.
Unlike some other city ordinances, “gifting” or
“furnishing” aren’t specifically covered by
these restrictions.
They can be added.
But if they are broadly added (covering all
gifting/furnishing that happens anywhere in
the city), you could create some of the
“interactions” you are hoping to avoid.
They could be added more narrowly and only
really apply to retailers. But, the expanded
free sampling prohibition found in the FDA
deeming regulation may make that change pretty unnecessary.
Comment [PHLC8]:
Why would this be added?
In order to require retailers to check identification, as well as to provide a
consequence under these regulations for
those retailers who don’t.
Federal law requires age verification for those
under 27. This would raise the age
commensurate with the higher minimum.
Comment [PHLC9]:
Why would this be added?
To require licensees to post notice of the
higher age and ID verification requirements.
Written so that the city will create the signage
and the license will be required to use what is
provided.
Page 4
other rooms or display areas which are not freely accessible to customers. Provided, however,
the requirements of this section shall not apply to establishments which:
(1) Prohibit minors persons under 21 years of age from entering the establishment at all
times unless accompanied by a parent or legal guardian;
(2) Post notice advising of the prohibition is conspicuously displayed at all entrances to
the establishment; and
(3) DEither derive at least 90 percent of their revenues from the sale of tobacco and
tobacco-related products or limit self-service merchandising to cigars and cigar-related
products.
Sec. 12-251. - Illegal possession.
No minor shall have in his possession any tobacco, tobacco-related product or tobacco-
related device. This section shall not apply to minors lawfully involved in compliance checks.
Sec. 12-252. - Illegal use.
No minor shall smoke, chew, sniff or otherwise use any tobacco, tobacco-related product
or tobacco-related device.
Sec. 12-253. - Illegal procurement.
No minor shall purchase or attempt to purchase or otherwise obtain any tobacco, tobacco-
related product or tobacco-related device, and no person shall purchase or otherwise obtain
such items on behalf of a minor. No person shall coerce or attempt to coerce a minor to illegally
purchase or otherwise obtain or use any tobacco, tobacco-related product or tobacco-related
device. This section shall not apply to minors lawfully involved in compliance checks.
Sec. 12-254. - Use of false identification.
No person under the age of 21minor shall attempt to disguise his or her true age by the use
of a false form of identification, whether the identification is that of another person or one on
which the age of the person has been modified or tampered with to represent an age older
than the actual age of the person.
Sec. 12-255. - Compliance checks and inspections.
Comment [PHLC10]:
Why would this be added/changed?
While self-service or open displays are generally prohibited, state law provides an
exception for certain “adult-only” facilities.
Under state law, that would be 18 and over.
If the minimum sales age is raised to 21, the
minimum age to enter a tobacco-only shop in
Edina could be raised as well. If an 18, 19, or
20 year old isn’t allowed to purchase tobacco
(and related devices and products), there’s no
real reason why they should be inside the store.
...
Comment [PHLC11]: Why would this be added/changed?
Because it is a typo. I guess it doesn’t have to
be changed, but they might want to fix it.
Comment [PHLC12]:
Why would this be added/changed?
To align with state law.
...
Comment [PHLC13]:
Why would this be deleted?
In order to remove the local-city age-based
restriction.
Comment [PHLC14]: Why would this be
deleted?
In order to remove the local-city age-based
restriction.
Comment [PHLC15]: In order to remove
the local-city age-based restriction.
Note: - The “procurement on behalf of a
minor” content was retained, moved to the “legal age” section.
Comment [PHLC16]:
Why would this be added/changed?
To cover any/all underage persons who might
use false identification in order to attempt to ...
Comment [PHLC17]: Why would this be changed?
Gender equity.
...
Page 5
(a) All licensed premises shall be open to inspection by the city or other authorized official
during regular business hours.
(b) From time to time, but at least once per year, the city shall conduct compliance checks by
engaging, with the written consent of their parents or guardians, minors persons over 15
years but less than 218 years, to enter the licensed premises to attempt to purchase
tobacco, tobacco-related products or tobacco-related devices.
(1) Prior written consent is required for any minor who participates in a compliance check.
(2) MinorsPersons used for the purpose of compliance checks shall be supervised by
designated law enforcement officers or other designated city personnel.
(32) PersonsMinors used for compliance checks shall not be guilty of the unlawful purchase
or attempted purchase, nor unlawful possession of tobacco, tobacco-related products
or tobacco-related devices when such items are obtained or attempted to be obtained
as a part of the compliance check.
(43) No personminor used in the compliance checks shall attempt to use a false
identification misrepresenting the person’sminor's age, and all personsminors lawfully
engaged in a compliance check shall answer all questions about the person’s minor's
age for which he or she is asked.
(c) Nothing in this article shall prohibit compliance checks authorized by state or federal laws
for educational, research or training purposes, or required for the enforcement of a
particular state or federal law.
Sec. 12-256. - Smoking and vapor lounges.
Smoking lounges and vapor lounges are prohibited.
Sec. 12 - 2__ Liquid Packaging.
No person shall sell or offer to sell any liquid, whether or not such liquid contain nicotine,
which is intended for human consumption and use in an electronic delivery device, in packaging
that is not child-resistant. Upon request, a licensee shall provide a copy of the certificate of
compliance or full laboratory testing report for the packaging used.
Secs. 12-257—12-273. - Reserved.
Comment [PHLC18]:
Why would this be added/changed? State law requires written parental/guardian
consent for minors involved in compliance
checks.
Consent would not be required for 18, 19, and
20 years-olds who act as “decoys.” Written
consent is still relevant, but its placement
within the subsection could or should be
altered.
Comment [PHLC19]:
Why would this be changed?
So 18, 19, and 20 year olds can participate in compliance checks in order to monitor retailer
compliance regarding all underage individuals.
Comment [PHLC20]: Why would this be added?
State law requires written parental/guardian
consent for minors involved in compliance
checks. Consent would not be required for 18,
19, and 20 years-olds. As such, this
requirement could or should be moved to a
different location in this subsection
Comment [PHLC21]:
Why would this be changed?
If the minimum sales age is raised, “non-
minors” will be used in these compliance
checks as well. Use of “persons” is more
accurate.
Comment [PHLC22]:
Why would these changes be made?
If the minimum sales age is raised, “non-minors” will be used in these compliance ...
Comment [PHLC23]:
Why would this be changed? Gender equity.
...
Comment [PHLC24]: City can determine the appropriate section for this new
regulation.
Comment [PHLC25]: Why would this be added?
Beginning January 1, 2015, liquids (“e-liquids”
or “e-juice”) that are sold for use in electronic
delivery devices (more commonly referred to ...
Page 6
DIVISION 4. - ENFORCEMENT; PENALTIES
Sec. 12-274. - Violations.
The notification and hearing process set forth in this division will apply to violations of this
article.
Sec. 12-275. - Notice.
Upon discovery of a suspected violation, the alleged violator shall be issued, either
personally or by mail, a citation that sets forth the alleged violations and which shall inform the
alleged violator of his rights to be heard on the accusation.
Sec. 12-276. - Hearings.
If a person accused of violating this division so requests, a hearing shall be scheduled, the
time and place of which shall be published and provided to the accused violator.
Sec. 12-277. - Hearing officer.
The city council shall serve as the hearing officer until such time a hearing officer is
appointed by the city council.
Sec. 12-278. - Decision.
If the hearing officer determines that a violation of this article did occur, that decision
along with the reasons for finding a violation and the penalty to be imposed under section 12-
282, shall be recorded in writing, a copy of which shall be provided to the accused violator.
Likewise, if the hearing finds that no violation occurred or finds grounds for not imposing any
penalty, such findings shall be recorded and a copy provided to the acquitted accused violator.
Sec. 12-279. - Appeals.
Appeals of any decision made by the hearing officer shall be filed in the county district
court.
Page 7
Sec. 12-280. - Misdemeanor prosecution.
Nothing in the article shall prohibit the city from seeking prosecution as a misdemeanor for
any alleged violation of this article. If the city elects to seek misdemeanor prosecution, an
administrative penalty may also be imposed.
Sec. 12-281. - Continued violation.
Each violation, and every day in which a violation occurs or continues, shall constitute a
separate offense.
Sec. 12-282. - Penalties.
The following administrative penalties will be applied as set forth in this section:
(1) Licensees. Any licensee found to have violated this article, or whose employee shall
have violated this article, shall be charged an administrative fine of:
a. $75.00 for the first violation of this article;
b. $200.00 for the second offense at the same licensed premises within a 24-month
period;
c. $250.00 for a third offense at the same location within a 24-month period and the
license shall be suspended for not less than seven days; and
d. $500.00 for a fourth offense at the same location within a 24-month period. In
addition, after the fourth offense, the license shall be revoked.
(2) Other individuals. Other individuals, other than personsminors regulated by
subsection (3) of this section, found to be in violation of this article shall be charged an
administrative fee of $50.00.
(3) Underage personsMinors. Persons under 21 years of age Minors who use or are found
in unlawful possession of, or who unlawfully purchase or attempt to use false
identification to purchase, tobacco, tobacco-related products or tobacco-related
devices may be subject to tobacco-related education classes, shall be charged an
administrative fee of $75.00 per offense or a minimum fee of $25.00 and satisfactory
completion of a diversion programs, community service, or other penalty that
acceptable to the city believes will be appropriate or effective.
Comment [PHLC26]:
Why would this be changed?
Because some adults will also be covered by
the penalty provided in subsection 3 – not just minors any more.
Formatted: Font: Bold
Comment [PHLC27]:
Why would this be changed?
The prohibited activities (possession, use, and
purchase) have been stripped out of the section, leaving only false identification.
Administrative fine removed, with alternative
consequences prioritized.
Page 8
(4) Misdemeanor. Nothing in this article shall prohibit the city from seeking prosecution
as a misdemeanor for any violation of this article.
Sec. 12-283. - Exceptions and dDefenses.
Nothing in this article shall prevent the providing of tobacco, tobacco-related products or
tobacco-related devices to a minor as part of a lawfully recognized religious, spiritual or cultural
ceremony. It shall be an affirmative defense to the violation of this article for a person to have
reasonably relied on proof of age as described by state law.
Secs. 12-284—12-314. - Reserved.
Comment [PHLC28]: Why would this be changed? The “use” and “possession” restrictions have
been stripped out of these regulations.
As such, it is not necessary to specifically
provide an exception that would allow minors
(or 21 and under) from using tobacco during
these types of ceremonies.
Page 9
Date: January 9, 2017 Agenda Item #: VI.B.
To:Community Health Commission Item Type:
From:Jeff Brown, Community Health Administrator
Item Activity:
Subject:Comprehensive Plan Discussion Discussion, Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
ATTACHMENTS:
Description
Comp Plan Program
Approach, Phases of Work, and Tasks
As mentioned, efficiency, without sacrificing thoroughness, is a cornerstone of our approach to the project. To ensure that
the team’s work products will be comprehensive and thorough and work efforts will be completed in a time- and resource-
efficient manner, a five phased approach is being proposed.
Phase 1: Discovery (Research and Analysis)
Phase 2: Vision and Issues (Community Engagement and Communications, Focus Areas)
Phase 3: Planning and Design (Draft Small Area Plan Refinement and Three Draft Comp Plan Chapters)
Phase 4: Policy Documentation (2018 Draft Comp Plan and Strategy Formulation)
Phase 5: Metropolitan Council Review and City Adoption
Phase 1: Discovery Overview: Estimated to require eight weeks of time, includes tasks that will be performed to provide
consultant team members with intimate knowledge of the three small areas and lay foundations for community
engagement/communications and work on the small area plans and 2018 Comp Plan Update.
Task 1-1: Project management activities will be conducted throughout the entire project, from start to finish. Sub-tasks
include confirming/finalizing the scope of services and schedule with the client, weekly client check-ins/meetings, managing
consultant team activities, and ensuring quality and adherence to schedule and budget.
Task 1-2: Obtain previous plans and studies that bear on the three small areas. Obtain available background data and GIS-
related information for mapping purposes.
Task 1-3: Kick-Off meeting with Comp Planning Task Force (CPTF) to introduce the consultant team, review scope of work
and schedule, and learn about planning and design issues to be addressed in the three small areas and in the 2018 Comp
Plan Update.
Task 1-4: Prepare base mapping and review previous plans and studies, including the 2015 Vision Edina Strategic Plan and
the 2008 Comp Plan Update.
Task 1-5: Conduct field reconnaissance and inventory in the three small areas.
Task 1-6: Conduct demographic analysis and prepare community profile.
Task 1-7: Conduct stakeholder interviews with officials and staff, property owners in the three small areas, members of the
three Small Area Plan Working Groups (SAPWGs).
Task 1-8: Prepare Community Engagement/ Communications Plans in consultation with staff and implement
communications elements to inform the community of the small area planning and comprehensive planning efforts.
Task 1-9: Reach out to adjacent communities to identify shared interests and opportunities: Minneapolis, St. Louis Park,
Hopkins, Richfield, Bloomington, Eden Prairie, and Minnetonka.
Task 1-10: Reach out to agencies and institutions within the city of Edina, e.g. public schools, health care delivery providers,
emergency assistance providers.
Task 1-11: Coordinate with Grandview and Southdale consultants to learn about their approach and current status, review
work completed to-date, and schedule for completion to ensure that there will be final drafts by the end of Phase 2.
Task 1-12: Facilitate discussion on Phase 1 progress and findings at CPTF meetings.
Phase 2: Vision and Issues Overview: This phase will require 20 weeks to complete. In this phase of
work the team will launch the community engagement element of the Communications/
Engagement Plan and maintain the communications element through web site, Facebook posts, and
other media.
As part of the community engagement element, our team will facilitate Small Area Community
meetings. In an effort to ensure time- and resource-efficiency, our team proposes to combine the
44th/France and 50th/France Small Area Community meetings into one and to facilitate a separate
and distinct Small Area Community meeting for the 70th/Cahill area. In total, four Small Area
Community meetings will be facilitated during phase 2, as explained below.
This phase of work additionally includes engagement with the panel of experts, development of
draft and refined small area plans for the three small areas, and integration of the Grandview,
Southdale, and Wooddale/ Valley View Small Area Plans into the Preliminary Draft 2018 Comp Plan
Update. Five meetings with the CPTF are anticipated.
Task 2-1: Launch community engagement element of the Community Engagement/Communications
Plan. The community engagement consultant will work with staff on arrangements for four Small
Area Community meetings. The consultant will also meet with members of the SAPWGs to set
expectations and objectives for the planning process and determine their roles in the Small Area
Community meetings.
Task 2-2: Maintain the communications element of the Community Engagement/Communications
Plan to ensure that community members are informed about meeting dates and venues, outcomes
from community meetings, and the consultant team’s work efforts.
Phase 1 Deliverables
1. Concurrence on the work program and schedule and project management protocols
2. Two meetings with the CPTF
3. Review of previous studies and plans
4. Field reconnaissance, scoping, and field inventory in the three small areas
5. Demographic and community profile
6. Stakeholder interviews with officials and staff, business/property owners in the small
areas, and members of the SAPWGs
7. Community Engagement/Communications Plan and initial communications blasts
1. Outreach to: adjacent communities and Edina-based institutions and agencies
2. Coordination with consultants for Grandview and Southdale
Task 2-3: Facilitate the first round of Small Area Community meetings. Two meetings are proposed:
one for the 70th/ Cahill area and one for the combined 44th/France and 50th/ France areas. The
purposes of the meetings will be to:
Confirm community vision statements in the 2015 Vision Edina document
Gather input from community members on small area-specific vision and goals
Identify issues to address in the small areas
Discuss small area-specific opportunities and constraints
Facilitate an urban form preference survey where participants will be able to identify
characteristics of the built environment that they like and don’t like. Example images will include
commercial nodes, mixed use developments, a variety of housing types and densities, varying
building heights, varying setbacks from the street, public realm infrastructure (pedestrian and
bicycle) improvements, and park improvements.
Task 2-4: Engage the Panel of Experts to gain advice on addressing identified issues. As mentioned,
the experts will be identified on a need basis. It is suspected that expert opinions will be needed in
the areas of residential and commercial market conditions in Edina.
Task 2-5: Develop alternative, preliminary draft small area-specific plan alternatives based on Phase
1: Discovery, input from the CPTF and staff, and input at the first round of Small Area Community
meetings: vision and goals, issues to be addressed, input from businesses and property owners,
opportunities/constraints, and urban form preferences. The preliminary draft small area plans will
address existing and future land use, using land use categories that will be incorporated in the 2018
Comp Plan Update, and all required comprehensive plan topics, to the extent they are applicable in
the small areas.
Task 2-6: Facilitate SAPWG meetings for review and comment on the preliminary draft small area
plans and to arrange the second round of Small Area Community meetings.
Task 2-7: Facilitate the second round of Small Area Community meetings to give community
members an opportunity to review and comment on the alternative, preliminary draft small area
plans and provide input on their preferences. One meeting will be held for the 70th/Cahill area, and
another will be held for the combined 44th/France and 50th/France areas.
Phase 2 Deliverables
3. Ongoing communications and launching of the community engagement elements of the
Community Engagement/Communications Plan
4. Five meetings with the CPTF and engagement with staff on a need basis to address technical
issues
5. Four meetings with the SAPWGs
6. Four Small Area Community meetings:
- Small area-specific vision and goals
- Small area-specific issues
- Small area specific urban form preferences
- Review and comment on preliminary draft small area plan alternatives
7. Engagement with Panel of Experts
8. Three small area-specific preliminary draft small area plan alternatives
Phase 3: Planning and Design Overview: Phase 3 is a 20 week-long effort that will focus on: 1)
selection, refinement, and completion of the three small area plans and 2) development of
preliminary draft plan chapters on Land Use and Urban Design Framework, Housing, and Parks/Open
Space/Natural Resources, and Heritage Preservation.
Two SAPWG meetings, two Small Area Community meetings, and five meetings with the CPTF are
anticipated. Consultations with staff for input on technical issues as needed.
Task 3-1: Maintain community engagement and communications activities. Specifically work with
the SAPWGs to arrange the final round of Small Area Community meetings and continue to
publish/post information to inform the public on progress being made on the project. The
engagement program will also include intercept activities where community members are engaged
at shopping centers, farmer’s markets, and community events where they will be interviewed and
surveyed to gauge their opinions on the most critical planning issues facing Edina. It is anticipated
that among these issues will be affordable housing (how much and where to locate) and urban form
(density and building height).
Task 3-2: With input from the community (see Task 2-7), staff, and the CPTF, select three preferred
small area plans (or hybrids consisting of elements from the preliminary draft alternative plans) for
refinement and development as
Task 3-3: Facilitate the final round of Small Area Community meetings in mid-September to provide
community members
an opportunity to comment on the refined preliminary draft small area plans and policies before
they approved by the CPTF at a meeting at the end of September.
Task 3-4: Facilitate a CPTF meeting at the end of September r to review the final draft small area
plans and policies.
Task 3-5: Between May and September, prepare four chapters for the Preliminary Draft 2018 Comp
Plan Update: Land Use and Urban Design Framework, Housing, and Parks/Open Space/Natural
Resources, and Heritage Preservation. This task includes consideration of the following.
Land Use and Urban Design Framework. Edina is a fully developed community. Nevertheless,
reinvestment and strategic redevelopment will still occur. The land use chapter should provide clear
guidance for appropriate uses throughout the city, while still allowing flexibility to respond to future
opportunities and demographic change. The urban design framework element will ensure that this
development is well designed and enhances community livability, character, and sustainability. Sub-
tasks include:
• Address Metropolitan Council’s community designation and growth projections.
• Work with staff to develop a complete and accurate existing land use map
• Identify and map any vacant or underutilized sites available for redevelopment
• Develop detailed future land use and complete mapping and staged development calculations
needed to show how this will accommodate growth without impacting community livability or
character
• Identify and map special resource areas that need protection and provide guidance
• Develop an updated policy framework for all land uses, working with the Community
Development Office and Planning Commission
• Review current Zoning Ordinance and Zoning Map and identify changes required for consistency
with the new Plan
• Develop urban design guidelines for both development sites and the public realm that ensure
new developments will be well-integrated within the community fabric, transitions between uses
are managed appropriately, public spaces are functional and attractive, and green and sustainable
building practices are encouraged.
Housing. Edina has many attractive and desirable residential neighborhoods, and preserving their
character and livability is a priority. At the same time, the City has addressed the reality that not all
of the people who work in Edina can afford to live there. Edina took proactive steps with its 2006
Housing Succession Plan for Edina’s Future and the subsequent adoption of the 2015 Policy on
Affordable Housing. This planning process offers an opportunity to take stock of how housing
affordability is being addressed, including the important nexus between housing values and school
quality. Sub-tasks include:
• Complete an existing housing assessment with series of maps, tables, and accompanying analysis
of the state of Edina’s housing stock and market, including an assessment of schools and their
impact.
• Provide an analysis of existing housing needs and priorities including a discussion of how the Land
Use Plan addresses future needs.
• Identify the City’s allocation of affordable housing and provide a recommendation to the City on
how to guide sufficient land needed to meet Metropolitan Council targets.
• Draft housing goals, policies, and objectives for City approval, including assessment of current
programs, working with the Community Development Office and Human Rights and Relations
Committee.
Heritage Preservation. Edina has numerous heritage resources that contribute to its image as a
distinctive and recognizable community. The team will work with staff and the Heritage Preservation
Board to ensure this work continues, with a focus on resources that may be currently
underrepresented amongst designated properties or are vulnerable to loss of integrity. Sub-tasks
include:
• Work with staff to update current conditions with the existing historic context and inventory
• Evaluate any trends or challenges that might impact designated or eligible historic resources,
including issue related to maintenance, reuse, and redevelopment
• Update existing comprehensive plan goals and policies appropriately
• Identify any additional studies that may be needed, including designation of key resources,
context studies for underrepresented areas or themes, or other work
Parks/Open Space/Natural Resources. The City of Edina has recently developed a comprehensive
Park, Recreation and Trails System Strategic Master Plan to provide clear vision for park system and
guide decision making into the future. The new strategic plan will encompass a 20-year time span
(through 2040) and will include both short-term and long-term recommendations.
The plan will address active and passive recreational needs and facilities and set goals for system-
wide improvements that reflect current and projected demographics and community expectations.
It will also address protection and enhancement of natural resources. Of the highest priority is
connectivity between parks and developments, forming a complete, linked open space system that
enhances access to recreation and natural systems throughout the city and promotes a healthier
community. Key to the development of the three small area plans are connections to a broader,
more accessible and equitable system. Sub-tasks will include:
• Review and assess recommendations in the new Parks plan and identify specific strategies that
impact the three study areas and environs.
• Within each study area (and nearby), map existing open spaces and natural resources that should
be protected and enhanced.
• Understand and map relationships between the small areas and the broader Edina system of parks
and open space to assess gaps and how connections can be established and/or reinforced.
• Understand how the city-wide plan relates to over-arching Metropolitan Council goals for parks and
open space to effectively align the two with respect to the small areas.
• Provide guidance regarding natural resource protection and the interrelationships between
management of resources such as rainwater and park and open spaces; establish possible roles for
the three study areas in the broader context of innovative resource protection and management.
Task 3-6: Facilitate a CPTF meeting in October to review and discuss the four Preliminary Draft 2018
Comp Plan Update chapters.
Phase 4 Policy Documentation Overview: Anticipated to require up to 28 weeks to complete, Phase
4 will extend from October 2017 to April 2018. This phase of work is focused on completion of the
Preliminary Draft 2018 Comp Plan Update. Key tasks under this phase include: 1) coordination with
the Grandview and Southdale small area plan consultants; 2) coordination with the selected
transportation plan and water resources management consultants; and 3) completion of the
Resilience/ Energy/Environment, Strategic Economic Plan and Competitiveness, Community
Services/Facilities, and Healthy Communities chapters.
Phase 3 Deliverables
1. Ongoing community engagement and communications. Working with staff and SAPWGs,
arrange the third, and final, round of Small Area Community meetings. meetings where the
refined small area plans will be reviewed.
2. Pop-up and intercept community engagement activities to interview and survey community
members.
3. Selection of three preferred preliminary draft small area plans for refinement as draft small
area plans.
4. Policies and implementation plans for the three small areas.
4. A final round of Small Area Community meetings to afford community review of refined
small area plans and policies.
5. Four chapters prepared for the Preliminary Draft 2018 Comp Plan Update.
7. Two SAPWG meetings, two Small Area Community meetings, and two five CPTF meetings.
Check-in meetings with the CPTF are proposed to occur in December 2017 and March 2018.
Task 4-1: Maintain the communications program. This is anticipated to include electronic and in
person engagement focused on collecting input related to the overall comprehensive plan update,
including vision and goals, issues/opportunities, and recommendations and findings.
A major challenge facing community engagement for comprehensive planning is creating and
maintaining interest in long-range planning, which is not focused on an immediate or specific
project or action. To overcome this challenge, we will build excitement about the comprehensive
plan as a roadmap to the future of the community through creative activities at neighborhood
meetings, pop-up events, and other community engagement activities (i.e., listening sessions). This
task is anticipated to include up to three neighborhood engagement activities, such as a mini open
house at the Edina Art Fair, or pop-up meetings at the farmers market, Whole Foods, or Southdale.
Task 4-2: Coordinate with the Grandview and Southdale small area plan consultants and integrate
these two plans into the Preliminary Draft 2018 Comp Plan Update.
Task 4-3: Coordinate with the transportation and water resource management consultants and
integrate these elements into the Preliminary Draft 2018 Comp Plan Update.
Task 4-4: Prepare remaining chapters for the Comp Plan Update: Strategic Economic Plan and
Competitiveness, Resilience/Energy/Environment, Community Services/Facilities, and Healthy
Communities.
Economic Competitiveness and Economic Development. Edina plays a vital role in the region’s
economic competitiveness with its business and industrial parks adjacent to the freeway system.
Additionally, the City’s Southdale area, a regionally significant area for shopping, entertainment and
housing, and other business nodes enhance the region’s quality of life and critical to attracting talent
to the region. Sub-tasks for completing this element include:
Develop goals, objectives, policies and implementation strategies based on the insights of
development professionals and property owners consistent with the community vision and goals
• Create a Strategic Economic Plan and Economic Competitiveness Component consistent with the
Metropolitan Council’s guidance.
Healthy Communities. The team welcomes the opportunity to work with the City on the new
Healthy Communities element. The concept of a “health in all policies” approach, originating from
public health practitioners, suggests a holistic look at a community to see how it contributes to all
aspects of wellness. This approach considers the range of ways the City can work to improve the
well-being of all its residents. Sub-tasks for completing this element will include:
• Assess existing policy framework to determine how it contributes to the social determinants of
health, including economic stability, neighborhood and physical environment, food, community
and social context, and the health care system
• Use public health assessment tools to evaluate and determine gaps in the policy framework
supporting these determinants, including those disproportionately impacting vulnerable
populations (such as children and elders)
• Work with staff and the Community Health Commission to determine City policy approaches that
are appropriate within the scope of the comprehensive plan, such as increasing physical activity,
access to healthy foods, and promoting environmental health.
• In addition to establishing content for a stand-alone chapter, provide recommendations for how
health can be addressed throughout the other plan elements as well
Resilience. The team will engage its Panel of Experts to address resilience issues and prepare this
chapter of the plan. Through Thrive MSP 2040, the Metropolitan Council encourages planning for
climate change as part of the comprehensive plan update. Climate mitigation strategies such as
promoting land use and development patterns that will contribute toward achieving Minnesota’s
adopted greenhouse gas emissions goals and climate adaptation strategies such as recognizing
changing rainfall patterns that require additional storm water management capacity should be
considered in the development of this chapter.
Task 4-5: Prepare policy and implementation chapters including other regulatory requirements.
Task 4-6: Complete Preliminary Draft of the 2018 Comp Plan Update and supporting appendices,
including all six small area plans and the Transportation and Water Resources Management
chapters.
Task 4-7: Facilitate check-in meetings with the CPTF where completed chapters of the Preliminary
Draft 2018 Comp Plan Update will be reviewed and discussed for accuracy in presenting the City of
Edina’s vision, values, and land use development goals and urban design framework; and compliance
with Metropolitan Council requirements and consistency with regional goals and plans. Check-in
meetings are proposed to occur in December 2017 and March 2018.
Task 4-8: Following CPTF support of the Preliminary Draft, facilitate an Open House meeting to
present it to the public. It is proposed that the Open House meeting will occur at the end of March
2018.
This meeting will be interactive and will be designed to build public awareness/consensus for the
overall comprehensive plan update.
Task 4-9: Hold a formal Public Hearing on the Preliminary Draft 2018 Comp Plan Update and present
the plan to the Planning Commission for formal approval and for presentation to the Council for
adoption.
Phase 4 Deliverables:
1. Communications with the public.
2. Completed Preliminary Draft 2018 Comp Plan Update.
2. Open House meeting to permit public review of the Preliminary Draft 2018 Comp
Plan Update.
3. Official Public Hearing.
4. Planning Commission presentation and initial approval of the Draft Plan document
for consideration for initial adoption approval by the City Council.
Phase 5: Metropolitan Council Review and City Adoption Overview Phase 5 is scheduled to last 30
weeks. By statute, the Metropolitan Council and adjacent communities, jurisdictions, and affected
agencies are to be given six months (approximately 24 weeks) to review the Draft 2018 Comp Plan
Update. Our team has allowed 30 weeks to account for any unforeseen issues.
Task 5-1: Present the approved Draft Comp Plan Update to the City Council for initial adoption in
April.
Task 5-2: Submit the Draft Comp Plan Update to adjacent jurisdictions and agencies for review.
Follow up, if necessary, with specific jurisdictions in April.
Task 5-3: Submit the Draft Comp Plan to the Metropolitan Council following the mandatory six
month review in May.
Task 5-4: Receive comments on the Draft Comp Plan from the Metropolitan Council in July. Review
and discuss comments from the Metropolitan Council with the CPTF in July and incorporate revisions
as directed to prepare the Final Draft 2018 Comp Plan Update.
Task 5-5: Present the Final Draft Comp Plan Update at a formal Planning Commission meeting and
official Public Hearing where the Final Draft Plan will be approved, in September.
Task 5-6: Present the approved Final Draft Plan to Council for adoption in October.
Task 5-7: Finalize the plan and provide supporting materials for submission to the Metropolitan
Council by October, two months ahead of the December 31, 2018 deadline.
Phase 5 Deliverables:
1. Initial adoption of the Draft Comp Plan Update.
2. Submission of Draft Comp Plan to adjacent jurisdictions and agencies.
3. Submission of Draft Comp Plan to the Metropolitan Council.
4. Final revisions on the Draft Comp Plan, based on direction from staff and the CPTF
5. Final Draft Comp Plan Update presented at a Public Hearing for Planning Commission
approval.
6. City Council adoption of the Final Draft Comp Plan Update.
7. Submission of the Final Comp Plan Update to the Metropolitan Council by the 2018,
year-end deadline.
Date: January 9, 2017 Agenda Item #: VI.C.
To:Community Health Commission Item Type:
From:
Item Activity:
Subject:Temporary Family Healthcare Dwellings Discussion
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
ATTACHMENTS:
Description
Minneapolis Staff Report - TFHD
MPLS Article Accessory Dwellings
MPLS Accessory Dwellings
ZONING CODE TEXT AMENDMENT SUMMARY
Initiator: Council Member Glidden
Introduction Date: July 22, 2016
Prepared By: Mei-Ling Smith, Senior Planner, (612) 673-5342
Specific Site: Citywide
Ward: Citywide
Neighborhood: Citywide
Intent: To opt out of Minnesota Statute 462.3593, which authorizes the regulation and
permitting of temporary family health care dwelling units.
APPLICABLE SECTION(S) OF THE ZONING CODE
• Chapter 520, Introductory Provisions
CPED STAFF REPORT
Prepared for the City Planning Commission
CPC Agenda Item #5
August 15, 2016
Department of Community Planning and Economic Development
2
BACKGROUND
On May 12, 2016, Governor Mark Dayton signed into law Minn. Stat. § 462.3593, which allows for the
creation and regulation of temporary family health care dwellings. A “temporary family health care
dwelling” – also known as a “drop house” – is a mobile, independent living facility that can be located on
a property where a caregiver, or caregiver’s relative who is receiving health care assistance, resides. A
“caregiver” is defined in the statutes as the relative, legal guardian, or health care agent of the mentally
or physically impaired person who is receiving assistance with two or more instrumental activities or
daily living.
Under the statute, the temporary dwelling cannot be attached to a permanent foundation and it may not
exceed 300 square feet in size. The dwelling is required to comply with all stormwater, shoreland,
setback, and easement requirements, and must also meet state-recognized accessibility standards. Cities
may permit temporary family health care dwellings for up to six months, unless an additional six-month
extension is granted. Additional criteria and regulatory processes are listed in the statute.
The statute requires all Minnesota cities to issue permits to qualified applicants beginning September 1,
2016. However, subdivision 9 of Minn. Stat. § 462.3593 allows cities to “opt out” of these regulations, as
long as it is codified in ordinance. The City of Minneapolis – along with numerous other counties and
cities in Minnesota – is choosing to opt out of the temporary family health care dwelling program.
PURPOSE
What is the reason for the amendment?
The purpose of the amendment is to codify the City of Minneapolis’ intent to opt out of Minn. Stat. §
462.3593 so that it is not obligated to accept permits for temporary family health care dwellings
beginning September 1, 2016. While the statute provides an exemption for municipalities that already
permit temporary family health care dwellings, cities that otherwise prohibit occupancy in recreational
vehicles, or similar structures, must explicitly opt out of the statute by ordinance. Staff is proposing to
amend Chapter 520 of the zoning code to clarify that the City is choosing to not permit this dwelling
unit type at this time.
What problem is the amendment designed to solve?
Several other cities and counties in Minnesota are choosing to opt-out of the recent legislation due to
the potential issues it poses in terms of superseding established review and inspection processes at the
local level. The following common concerns are echoed by other jurisdictions choosing to opt out of the
statute:
• The law does not generally require these dwellings to comply with the Minnesota State Building
Code or electrical code, unless they are constructed as modular homes. The Minnesota State
Building Code and electrical code do not apply to recreational vehicles.
• The temporary structure may pose a fire hazard risk to nearby buildings (on-site or off-site).
• Applicants are required to provide proof of access to water, sewer, and electric utilities.
Meanwhile, there is no inspection or enforcement mechanism built into the legislation to ensure
that these temporary utility services are implemented safely.
• Verifying the medical necessity requires asking for and maintaining nonpublic HIPPA information,
as governed by the Minnesota Government Data Practices Act. However, there is no
Department of Community Planning and Economic Development
3
requirement for the individual with the physical or mental impairment, or that individual’s power
of attorney, to sign the permit application or consent to release his or her information.
• The structure may be placed in front of a house as long as all setbacks are met.
• The permitting process outlined at the state level, and which requires local jurisdictions to issue
permits within 15 days of receiving an application, does not generally align with cities’ zoning
authority, established processes, and application requirements.
• The statute may result in temporary development that is inconsistent with zoning code
regulations and comprehensive plan policies.
• Inspections are only allowed if there is evidence of violation of the law, which conflicts with
current rental licensing requirements.
Staff finds that there are many aspects of the statute which would be incompatible with existing building
and zoning codes. Proactively opting out of the statutory requirements that are associated with this use
would prevent the practical, administrative, and policy consequences that are expected to occur as a
result of the statute’s implementation.
What public purpose will be served by the amendment?
This amendment will serve a public purpose by allowing the City of Minneapolis to continue reviewing
and inspecting all dwelling types according to the regulations and processes that are already in place, and
which require interdepartmental coordination on a daily basis. The amendment is consistent with the
City’s goals related to streamlining City processes, and upholding the public health, safety, comfort, and
general welfare.
What problems might the amendment create?
The amendment is not expected to create problems. Staff has evaluated the current options that are
available as alternatives to temporary health care dwelling units against the issues that could arise as a
result of opting to participate in the regulation and permitting of temporary family health care dwelling
units. Under the statute, temporary family health care dwellings are permitted for up to six months, or a
maximum of one year with a six-month extension. Meanwhile, the City of Minneapolis currently permits
accessory dwelling units on owner-occupied properties that contain single- and two-family homes.
Accessory dwelling units provide a similar, but permanent option for families seeking to add a dwelling
unit to their property to care for a family member or other individual in need of medical assistance. As
of the writing of this report, approximately 50 accessory dwelling units have been approved since they
have been allowed citywide as of December 2014.
Approving the proposed opt-out amendment would not preclude the City from considering future
amendments to allow temporary health care dwelling units.
TIMELINESS
Is the amendment timely?
The proposed amendment is timely, as the regulations become effective on September 1, 2016. The opt-
out ordinance responds to a statute which was signed into law on May 12, 2016.
Is the amendment consistent with practices in surrounding areas?
Department of Community Planning and Economic Development
4
The amendment would be consistent with the actions taken by other local jurisdictions and counties in
Minnesota this year in response to this statute. Cities that have opted out of the statute include St.
Cloud, Duluth, Eden Prairie, Arden Hills, Savage, Jordan, Burnsville, Lauderdale, Belle Plain, and
Alexandria.
Are there consequences in denying this amendment?
As discussed above, staff anticipates that there would be several negative administrative, life-safety, and
procedural consequences as a result of denying the opt-out ordinance. Staff also has concerns about
maintaining private healthcare data.
COMPREHENSIVE PLAN
The amendment will implement the following applicable policies of The Minneapolis Plan for Sustainable
Growth:
Land Use Policy 1.1: Establish land use regulations to achieve the highest possible
development standards, enhance the environment, protect public health, support a
vital mix of land uses, and promote flexible approaches to carry out the comprehensive
plan.
1.1.1 Ensure that the City’s zoning code is consistent with The Minneapolis Plan and
provides clear, understandable guidance that can readily be administered.
1.1.5 Ensure that land use regulations continue to promote development that is compatible
with nearby properties, neighborhood character, and natural features; minimizes
pedestrian and vehicular conflict; promotes street life and activity; reinforces public
spaces; and visually enhances development.
Housing Policy 3.6: Foster complete communities by preserving and increasing high
quality housing opportunities suitable for all ages and household types.
3.6.1 Promote the development of housing suitable for people and households in all life
stages that can be adapted to accommodate changing housing needs over time.
3.6.2 Promote housing development in all communities that meets the needs of households
of different sizes and income levels.
3.6.4 Provide and maintain moderate and high-density residential areas, as well as areas that
are predominantly developed with single and two family structures.
3.6.5 Promote accessible housing designs to support persons with disabilities and the
elderly.
Housing Policy 3.7: Maintain the quality, safety and unique character of the city’s
housing stock.
3.7.5 Promote the use of high quality materials in new housing construction to minimize
long-term deterioration of the housing stock.
3.7.6 Continue regular inspections of rental housing to preserve its functionality and safety.
3.7.11 Ensure safety, livability and durability of the housing stock through enforcement of the
Minnesota State Building Code.
Department of Community Planning and Economic Development
5
Economic Development Policy 4.1: Support private sector growth to maintain a
healthy, diverse economy.
4.1.5 Continue to streamline City development review, permitting and licensing to make it
easier to develop property in the City of Minneapolis.
Urban Design Policy 10.7: Maintain and preserve the quality and unique character of
the city's existing housing stock.
10.7.2 Encourage the use of high quality and durable materials for construction and historic
preservation.
10.7.4 Renovation of housing should reflect the setbacks, orientation, pattern, materials,
height and scale of surrounding dwellings.
10.7.5 Provide the flexibility in the city's ordinances to improve and maintain existing
structures.
10.8: Strengthen the character and desirability of the city's urban neighborhood residential
areas while accommodating reinvestment through infill development.
10.8.1 Infill development shall reflect the setbacks, orientation, pattern, materials, height and
scale of surrounding dwellings.
10.8.2 Infill development shall incorporate the traditional layout of residential development
that includes a standard front and side yard setbacks, open space in the back yard, and
detached garage along the alley or at back of lot.
10.8.3 Building features of infill development, such as windows and doors, height of floors,
and exposed basements, shall reflect the scale of surrounding dwellings.
10.8.6 Traditional setbacks, orientations, pattern, height and scale of dwellings should be
created in areas where no clear pattern exists.
10.8.7 Low density residential development proposals should be evaluated and compared to
the form and density of the neighborhood.
RECOMMENDATIONS
The Department of Community Planning and Economic Development recommends that the City
Planning Commission and City Council adopt staff findings to amend Title 20 of the Minneapolis Code of
Ordinances, as follows:
A. Text amendment.
Recommended motion: Approve the text amendment to opt out of Minnesota Statute
462.3593, which authorizes the regulation and permitting of temporary family health care
dwelling units.
Chapter 520 related to the Zoning Code: Introductory Provisions
ATTACHMENTS
1. Ordinance amending Chapter 520, Introductory Provisions.
1
ORDINANCE
By Glidden
Amending Title 20, Chapter 520 of the Minneapolis Code of Ordinances relating to Zoning Code:
Introductory Provisions.
The City Council of the City of Minneapolis do ordain as follows:
Section 1. That Chapter 520 of the Minneapolis Code of Ordinances be amended by adding thereto a
new Section 520.170 to read as follows:
520.170. Temporary Family Health Care Dwellings.
Pursuant to authority granted by Minnesota Statutes, the City of Minneapolis opts-out of the
requirements of Minnesota Statute 462.3593, which defines and regulates temporary family health care
dwellings.
For reasonable accommodations or alternative formats please contact 311 at 612-673-3000. People who are deaf or
hard of hearing can use a relay service to call 311 at 612-673-3000. TTY users call 612-673-2157 or 612-673-2626.
Para asistencia 612-673-2700 - Rau kev pab 612-673-2800 - Hadii aad Caawimaad u baahantahay 612-673-3500.
Revised September 2016
Community Planning and Economic Development
Development Services Division
250 South 4th Street, Room 300
Minneapolis MN 55415-1316
612-673-3000
ADMINISTRATIVE REVIEW FOR AN ACCESSORY DWELLING UNIT
WHAT IS AN ACCESSORY DWELLING UNIT (ADU)?
In Minneapolis, an Accessory Dwelling Unit, or ADU, is defined as a room or set of rooms with its own cooking,
sleeping, and sanitation facilities, and which is located on the same lot as a single- or two-family home. The ADU
must be smaller in area compared to the main dwelling to which it is accessory.
CAN I ESTABLISH AN ADU ON MY PROPERTY?
ADUs are permitted on lots where single- and two-family homes are allowed as a permitted or conditional
residential use throughout the City. In addition, the property owner must reside in either the main house or in
the ADU as their primary residence. This restriction must be recorded on the deed. If your home is located in a
Residence, Office Residence, Commercial, or Downtown zoning district, or is located within the Industrial Living
Overlay District, you may be able to establish up to one ADU on your property. To verify the zoning of your
property, please visit http://www.ci.minneapolis.mn.us/propertyinfo/ or call 311.
WHAT ARE THE THREE TYPES OF ADUS?
There are three primary ADU types: internal, attached, and detached. An internal ADU is located within the walls
of an existing or newly constructed home, while an attached ADU would be located in a separate addition to an
existing home. An ADU can also take the form of a “detached” freestanding structure on the same lot as a
principal dwelling unit.
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TABLE: SUMMARY OF ADU REGULATIONS
INTERNAL ATTACHED DETACHED
NUMBER OF ADUs PER LOT Only one ADU is allowed per lot. An ADU is allowed on the same lot as a single- or two-family home.
OWNER-OCCUPANCY The property owner must reside in either the main house or in the ADU as their primary residence. This restriction must be recorded on the
deed.
FLOOR AREA Minimum 300 sq. ft.
Maximum
(The ADU shall always be smaller
in area than the main unit.)
800 sq. ft.; may exceed 800 sq. ft. if
structure existed as of January 1, 2015.
All internal ADUs must be located on one
level and cannot exceed the area of the
first floor.
800 sq. ft. 1,300 sq. ft. of habitable and parking areas on all levels, or
16% of the lot area, whichever is greater (not to exceed
1,600 sq. ft.). Footprint of detached ADU and any other
parking areas on-site cannot exceed 676 sq. ft. or 10% of
the lot area, whichever is greater.
HEIGHT Cannot exceed the height of the principal structure. ADU cannot exceed the height of the principal structure or
20 ft., whichever is less. The highest point of the ADU’s
roof cannot exceed the highest point of the roof of the
main house.
SETBACKS Front yard ADU must be located to the rear of the main house.
Interior side yard Zoning district setbacks apply. 3 ft. if located in rear 40 ft. of the lot.
Corner side yard Zoning district setbacks apply.
Rear yard Zoning district setbacks apply. 3 ft. if garage doors face the side or front.
5 ft. if garage doors face the rear lot line and/or if
the rear lot line coincides with the side lot line of a
property in a Residence or Office Residence district.
Reverse corner side yard Zoning district setbacks apply. 2/3 of the depth of the required front yard of the adjacent
property to the rear based on its district setback
requirements.
Distance from house n/a 20 ft. from the habitable portion of the house.
PARKING An additional parking space is not required for the ADU. Site must contain at least 1 space/dwelling unit for all other units.
DESIGN Entrances New entrances to the ADU may not face the public street. Entrances facing the public street or alley are encouraged.
Windows n/a Not less than 5 percent of the entire elevation facing an
alley or public street shall be windows.
Exterior materials Must match the principal structure. Must be durable, including but not limited to masonry,
brick, stone, wood, cement-based siding, or glass.
Stairways Must be enclosed or located entirely to the rear of the main house.
Allowed if the railing finish matches the trim of the
detached ADU and is not raw or unfinished lumber.
Balconies and decks Balconies and decks shall not face an interior side lot line. Rooftop decks are prohibited.
This table provides a summary from Chapter 537 of some of the applicable standards for ADUs. Please refer to the Minneapolis Code of Ordinances, Title 20 for the complete
requirements. All ADUs must meet current residential, building, mechanical, and electrical code standards. Please contact the City of Minneapolis if you have any questions.
APPLICATION PROCESS
This application packet is used to file an administrative application for zoning approval of a building permit for
an accessory dwelling unit. The packet is a tool for gathering property-related information relevant to the
application. It contains a checklist of materials required for an administrative application for an accessory
dwelling unit application and a worksheet to be completed by the applicant.
Applicants are encouraged to contact the Development Services office for a pre-application meeting with a City
Planner in order to discuss the zoning ordinance provisions. An appointment may be scheduled by phone at 612-
673-3000 (Minneapolis 311).
To file the application, the applicant returns to the Development Services office and submits the required
materials to the Development Coordinator. Only applications that include all of the required items as identified
in this land use application form are accepted. If any items are missing at the time of submittal, the application is
deemed incomplete and staff may not accept the application. Please note that proof of recording an owner
occupancy covenant with Hennepin County’s Recorder’s Office is not required at the time of submitting the
administrative review application for an accessory dwelling unit, but the proof of recording the document with
Hennepin County is required prior to building permit issuance.
Acceptance of an application for filing does not deem the application complete. The assigned planner will
determine if the land use application is complete by conducting a thorough review of the application materials.
The review may necessitate additional information, resulting in an incomplete application.
In the case of an incomplete application, staff issues a letter within fifteen (15) business days of the filing date of
the application. The letter details the deficiencies of the application. When the applicant remedies the
deficiencies, staff makes a final decision on behalf of the zoning administrator. The planner will author the final
decision, including the conditions, if any, associated with an approval. Land use applications that remain
incomplete for thirty (30) days or more are deemed withdrawn and returned to the applicant. In such cases, the
applicant who still wishes to proceed must refile the application.
Any affected person can appeal the findings and decisions made by the zoning administrator. The appeal must
be filed within ten (10) calendar days of the original decision or the decision is final. The Board of Adjustment
hears each appeal of a zoning administrator decision.
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ACCESSORY DWELLING UNIT APPLICATION REQUIREMENTS - INITIAL CHECKLIST
If any of the items are missing at the time of submittal, staff will not accept the application.1
Pre-application meeting
Completed Application Worksheet.
Correct fees paid (checks payable to Minneapolis Finance Department).
A letter from the property owner, if other than the applicant, authorizing the application.
Electronic copy of the application submittal. Please see our instructions for electronic submittal:
http://www.minneapolismn.gov/cped/planning/WCMS1P-106500.
Verification of historic status of property and submission of any required HPC application(s).2
Photos of property and all sides of the existing structure(s).
Two copies (plus one 8 ½ x 11) of a scaled and dimensioned site plan.3 Must include the following items:
All property lines.
Streets, sidewalks and alleys, existing and proposed curb cuts. Indicate if public areas are to be vacated.
Indicate traffic flow on streets, alleys and drives.
Adjacent uses (show location and identify).
Building footprints and square footages (include garages and other accessory structures).
Other impervious surfaces (walkways, decks, patios, etc.) and square footages.
Walls, screens and fences (show location, type and height).
Mechanical equipment (air conditioning units, electrical transformers, etc.)
Fire hydrants, transit stops, public plazas, trash enclosures, trees in the public right-of-way.
Landscaping plan showing existing and proposed shrubs and trees (location, type, number).
Natural features and topography.
Indicate the direction of water drainage from the site and building (downspouts, roof drains, etc.).
Indicate north arrow and date the plan was drawn.
Stormwater management plan for sites over one acre.
Erosion control plan for sites where more than 5,000 square feet of dirt is disturbed.
Two copies (plus one 8 ½ x 11) of scaled and dimensioned elevations of each façade.
One copy of scaled and dimensioned elevations showing the existing or proposed principal dwelling. (detached
accessory dwelling units only)
Two copies (plus one 8 ½ x 11) of scaled and dimensioned floor plans showing all floors.
Recorded Covenant for Owner Occupancy with Hennepin County (required after it is determined that plans will
receive Zoning and Plan Review approval, and prior to building permit issuance. Proof of recording shall be
provided to the City. Proof of recording is the cover page supplied by Hennepin County when the document is
recorded that shows a bar code and filing date and a copy of the document recorded. Covenant form here:
http://www.minneapolismn.gov/www/groups/public/@cped/documents/webcontent/wcms1p-136455.pdf
1 City staff will review the initial application submission and will notify the applicant of what, if any, additional information must
be submitted for staff to evaluate the application for approval or denial. Please be aware that supplemental information may be
requested during the evaluation process.
2 Demolition of an existing structure requires review by CPED staff to determine if the property is an historic resource.
3 The site plan must be prepared by a certified architect, landscape architect, engineer, or land surveyor that is licensed in the
State of Minnesota. A license stamp, or registration number, whichever is applicable, together with the signature, shall be
provided on the face of the site plan. Site plan information may be combined with the survey of the property. The requirement
that one of the above professionals prepare the site plan may be waived by the Zoning Administrator, Planning Director or their
authorized representative where the application does not involve a new principal structure, provided the plan is accurately
dimensioned and is drawn to an architectural or engineering scale.
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ACCESSORY DWELLING UNIT APPLICATION WORKSHEET
Property Owner/ Applicant
Name
Mailing Address
Including City, State
and Zip Code
Phone Number
Email
Applicant’s Representative
This person will be the
primary contact for staff,
and is the authorized agent
in place of the property
owner
Name
Mailing Address
Including City, State
and Zip Code
Phone Number
Email
Property Information
Address(es)
Identification
Number(s)
Lot Area
Building Data – Principal
Structure
Fill in existing & proposed
even when no change is
proposed
Gross Floor Area
(square feet)
Existing: Proposed:
Building footprint
(square feet)
Existing: Proposed:
Floor area of primary
unit to which the
ADU is accessory
Existing: Proposed:
Building height of
principal structure
Proposed height
(stories/feet):
Proposed tallest point (feet):
Number of Dwelling
Units:
Existing, not including ADU: Proposed, not including ADU:
Primary exterior
materials
Building Data – ADU only
Fill in applicable data
Gross floor area
(square feet)
Building footprint –
detached only
(square feet)
Building height Proposed height
(stories/feet):
Proposed tallest point (feet):
Primary exterior
materials
Parking Data Number of Spaces Existing: Proposed:
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FEES
APPLICATION TYPE FEE (DOLLARS)
Administrative accessory
dwelling unit 260
ACCURACY DECLARATION
My signature attests to the fact that the attached application is complete and accurate to the best of my knowledge. I understand
that the staff review of this application is dependent upon the accuracy of the information provided and that any inaccurate or
inadequate information provided may delay review of my application or may result in denial of my request.
Property owner’s signature (if different from applicant): _________________________________________________
Applicant’s name (please print): _________________________________________________
Applicant’s signature: _________________________________________________
Date: January 9, 2017 Agenda Item #: IX.B.
To:Community Health Commission Item Type:
Other
From:Jeff Brown, Community Health Administrator
Item Activity:
Subject:Fred Richards Park - Public Meetings Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
Community Meetings:
People are invited to three community meetings to give their ideas for the park and provide feedback.
6:30 p.m. Thursday, Jan 26 at Cedars of Edina Apartments, 7340 Gallagher Drive.
7 p.m. Monday, Feb. 6 at Cornelia Elementary School, 7000 Cornelia Drive.
6:30 p.m. Thursday, March 2 at Edina Public Works, 7450 Metro Blvd.
Date: January 9, 2017 Agenda Item #: IX.C.
To:Community Health Commission Item Type:
Other
From:Jeff Brown, Community Health Administrator
Item Activity:
Subject:Southdale Library Site - Community Meeting Information
CITY OF EDINA
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
INTRODUCTION:
You Are Invited . . .
. . . to participate in a community discussion regarding the future redevelopment of the Southdale Library Site at
70th Street between York and Xerxes.
Hennepin County intends to build a new library on the site and sell the remaining land for mixed-use
redevelopment. Before real estate developers are engaged, Hennepin County and the Edina HRA are working
together to prepare preliminary redevelopment concepts for the large county-owned property.More information
about the project can be found at www.EdinaMN.gov/SouthdaleLibrarySite
Next week's Workshop is interactive and participatory. The consultant team will summarize ideas collected so far
and will distribute three preliminary concepts of how the site could be redesigned. Participants will work together
in small groups to discuss ways to improve the basic concepts.
Come prepared to share your ideas and help shape concepts for the site.
Basic Concepts Workshop - Thursday, January 12. 6-8 p.m.
Revised Concepts Workshop - Thursday, February 9. 7-9 p.m.