HomeMy WebLinkAbout2005-10-18 Council Regular Meeting MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
OCTOBER 18,2005
7:00 P.M.
ROLLCALL Answering rollcall were Members Housh, Hulbert, Masica, Swenson and Mayor
Hovland.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Masica and seconded by
Member Housh approving the Council Consent Agenda as presented.
Rollcall:
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
TROOP 68 OF THE BOY SCOUTS WELCOMED Mayor Hovland welcomed members of Boy
Scout Troop 68 from Good Samaritan Church who were attending the City Council meeting in
preparation of attaining their Communications Merit Badge.
*MINUTES OF THE REGULAR MEETING OF OCTOBER 4, 2005, APPROVED Motion made
by Member Masica and seconded by Member Housh approving the Minutes of the Regular
Meeting of the Edina City Council for October 4,2005.
Motion carried on rollcall vote -five ayes.
FIRST READING GRANTED FOR ORDINANCE NO. 2005-12 - ESTABLISHING A NEW
SECTION OF THE CITY CODE, ALLOWING THE PARTIAL PRE-PAYMENT OF SPECIAL
ASSESSMENTS Deputy Manager Anderson noted the Council approved new special
assessment policy at their August 16, 2005, meeting. A portion of the special policy intended to
allow partial pre-payment of special assessments before the assessments were sent to the County
Auditor. Mr. Anderson said staff found upon review of Chapter 429 of the Minnesota Statutes
concerning special assessments that an ordinance needs to be in place to allow acceptance of
partial pre-payments of special assessments.
Mr. Anderson said the proposed ordinance would allow partial pre-payments as specified in the
policy as adopted in August. A minimum of 25% of the assessment must be paid to qualify for its
use. The only time this pre-payment can be made was prior to certification of the assessment to
the County Auditor. Staff recommends waiver of second reading allowing residents the
maximum amount of time before the assessments were certified to the County Auditor on
November 30, 2005.
Member Swenson asked how residents would be noticed about this new plan. Mr. Anderson
showed a brochure of explanation that was sent to all persons on the assessment roles for 2005 as
well as a letter was sent to the certified tax land owner.
Member Hulbert introduced the following Ordinance and moved its adoption with a waiver
of second reading as follows:
ORDINANCE NO. 2005-12
AN ORDINANCE ADDING NEW SECTION 190
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Minutes/Edina City Council/October 18,2005
OF THE CITY CODE-
PARTIAL PRE-PAYMENT OF ASSESSMENTS
THE CITY COUNCIL OF THE CITY OF EDINA,MINNESOTA, ORDAINS:
Section 1. Purpose. Pursuant to Minnesota Statutes, Section 429.061, Subd. 3, the
Council may by ordinance authorize partial pre-payment of assessments adopted by the City
in such manner as the ordinance may provide prior to the certification of the assessment or the
first installment thereof to the county auditor.
Section 2. Section 190 of City Code. The following new Section 190 is added to the
City Code:
"SECTION 190-PARTIAL PRE-PAYMENT OF ASSESSMENTS
190.91. Effective Date. This ordinance shall be in full force and effect after its
adoption."
Passed and adopted this 18th day of October 2005.
First Reading: October 18,2005
Second Reading: Waived
Publication: October 27,2005
Member Swenson seconded the motion.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson,Hovland
Motion carried.
ORDINANCE NO. 2005-11 ADOPTED - REPEALING SECTION 1310 OF THE CITY CODE
AND ESTABLISHING NEW SECTION 1311 REGULATING PEDDLERS AND SOLICITORS
Chief Siitari informed the Council on October 4, 2005, the Council granted First Reading for
Ordinance No. 2005-11, amending the City Code by adopting new requirements for peddlers and
solicitors. Based upon the Council's direction, changes in the final draft of the Ordinance were
made which included: t
1. Subsection 1311.03 provide that permits were valid for a period of fourteen days
which must begin within 30 days of the date of permit issuance.
2. Subsection 1311.05 paragraph B, expands on the types of crimes that may
disqualify an applicant from receiving a permit or a registration. State law provides
limitations on permit denial due solely to the past conviction of a crime.
3. An amendment to Section 185 of the City Code requiring individual peddlers and
solicitors permits would require a $30.00 application fee and a registration for
peddling and soliciting would require a$50.00 application fee.
Mr. Siitari said most of the proposed Ordinance would be effective on January 1, 2006, however,
provisions dealing with peddlers being prohibited by a placard as provided in 1311.07, would be
effective immediately in order to continue consumer protection offered by the current Edina
Code.
Member Masica asked if neighbors seeking signatures on a petition fell under the auspices of the
new ordinance, and who would be issued identification cards. . Mr. Siitari said there was no
exchange of goods and persons seeking petition signers would be protected by free speech. He
added only the for-profit groups would be issued cards, but the non-profits would need to
register, carry their credentials, and a government issued identification card.
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Minutes/Edina City Council/October 18,2005
Member Housh asked about how the Girl and Boy Scouts would be notified about the new
process and where the sale of firewood fell within the new ordinance. Mr. Siitari said Boy and
Girl Scout fell under exemptions and would not be affected,while person selling firewood would
need a permit. He added that an educational process needed to be put in place.
Member Swenson questioned if the fees as proposed were similar to surrounding communities.
Mr. Siitari said the proposed fee structure was in the middle of other cities and was based on the
estimated amount of work regulating this activity will take.
Member Masica made a motion to grant second reading to Ordinance No.2005-11 as follows:
EDINA ORDINANCE NO. 2005-11
AN ORDINANCE AMENDING THE CITY
CODE BY ADOPTING NEW REQUIREMENTS
FOR PEDDLERS AND SOLICITORS
The City Council of the City of Edina ordains:
Section 1. Section 1310 of the City Code is hereby repealed and replaced in its entirety with
a new Section 1311 as follows:
"Section 1311 -Peddlers and Solicitors
1311.01 Purpose. The City Council finds that in some cases unscrupulous individuals have
posed or may pose as legitimate peddlers and solicitors for the purpose of harassment,
nuisance, theft and other unlawful acts committed against residents of the City. The purpose
of this Section is to impose reasonable regulations and restrictions on peddlers and solicitors
so as to prevent illegitimate individuals who may be engaged in unlawful activities from
posing as legitimate peddlers and solicitors. This Section is not intended to interfere with
legitimate business activities,whether local or interstate.
1311.02 Definitions. Unless the context clearly indicates otherwise,the following words and
phrases have the meanings given in this Subsection.
Peddler. Any person with no fixed place of business who goes from residence to
residence, from place to place, or from street to street, carrying or transporting goods,
wares or merchandise and offering or exposing the same for sale, or making sales and
deliveries to their purchasers. It does not include vendors of milk, bakery products or
groceries who distribute their products to established customers.
Solicitor. Any person who goes from residence to residence soliciting or taking or
attempting to take orders for the purchase of goods, wares or merchandise, including
magazines, books, periodicals and personal property of any nature whatsoever for
future delivery, or orders for the performance of maintenance or repair services in or
about the home or place of business, such as furnace cleaning, house painting, roof
repair or blacktopping.
Peddling; Soliciting. The act of being a peddler or solicitor.
1311.03 Permit Required; Approval; Duration No peddler or solicitor shall engage in
business activities in the City without first having received a permit as provided in this
Section. Each person engaged as a peddler or solicitor must secure a personal permit that shall
not be transferable to another individual. The provisions of Section 160 of this Code shall
apply to permits required by this Section and to the holders of such permits; except that
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Minutes/Edina City CouncWOctober 18,2005
applications for permits shall be filed with the Police Department and permits shall be issued
or denied by the Police Chief. Applications for a permit shall be on forms provided by the
Police Chief and shall be accompanied by a fee in the amount set forth in Section 185 of this
Code. In addition to the information required by Section 160 of this Code, each applicant
shall provide the following:
A. A physical description of the applicant
B. A brief description of the nature of the business and the goods or services to be
sold
C. The name, address and telephone number of the employer, principal or supplier
of the applicant
D. The dates for which the right to do business is desired
E. A recent photograph of the applicant
F. A statement as to whether the applicant has been convicted of any crime,
misdemeanor, or violation of any ordinance other than traffic violations,
including the nature of the offense and the penalty or punishment assessed
therefore
If the application is approved by the Police Chief, the applicant shall be issued a
permit/identification card which must be clearly displayed on the front of the peddler or
solicitor's outer garment when conducting business in the City. The permit/identification card
is non-transferable. The permit shall be valid for not more than 14 calendar days, which days
must be consecutive and begin within 30 calendar days of the date the permit was issued.
1311.04 Exemption Activities;Registration.
Subd. 1 Registration Required. The provisions of Subsection 1311.03 do not apply to
peddling or soliciting by non-profit organizations established for philanthropic,
religious or educational purposes. Such organizations must register with the Police
Department on forms provided by the Police Chief. The application for registration
shall be accompanied by a fee as set forth in Section 185 of this Code. If the Police
Chief concludes that the organization is a bona fide non-profit organization for
philanthropic, religious or educational purposes, he shall accept the registration
application and the organization may peddle or solicit in the City without a permit as
required by Subsection 1311.03. Registrations shall be valid for a period of 90 days. All
individuals peddling or soliciting on behalf of an organization which has registered
with the City must carry on their person a government issued identification such as a
driver's license and written credentials stating the name of the organization and its
purpose. All persons shall comply with the provisions of Subsections 1311.06 and
1311.07 even if they are exempt from the requirements of Subsection 1311.03. The
provisions of Section 160 of this code shall apply to registrations required by this Subd.
1.
Subd. 2 Exempt Activities. The provisions of Subsection 1311.03 and Subd 1 of this
Subsection 1311.04 do not apply to persons selling personal property at wholesale to
dealers of such articles, nor to newspersons, nor to the act of merchants or their
employees in delivering goods to established customers in the regular course of
business, nor to the sale of farm or garden produce by the person producing same, nor
to the sale of goods or admissions to events by K-12 students where the proceeds of
such sales benefit a program or activity in which the student is involved, nor to the
employees of bakery, dairy or grocery delivery services who make an uninvited
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Minutes/Edina City Council/October 18,2005
initiatory visit in an effort to establish a regular route service for future delivery of
perishables. All persons described in this Subd 2 shall comply with the provisions of
Subsections 1311.06 and 1311.07 even if they are exempt from the requirements of
Subsection 1311.03 or Subd 1 of this Subsection 1311.04.
1311.05 Denial of Permit Application or Registration Application.lication. In addition to the
g
provisions of Section 160 of this Code, the following shall constitute grounds for denial of the
permit application or registration application:
A. Past fraud, misrepresentation or misstatement made in the course of carrying on
business as a peddler or solicitor.
B. Conviction of any crime or crimes directly related to carrying on business as a
peddler or solicitor, as provided in M.S. 364.03, Subd. 2,where the applicant has
not shown competent evidence of sufficient rehabilitation and present fitness to
perform the duties and responsibilities, as provided in M.S. 364.03, Subd. 3.
Crimes that are considered to be directly related to the business of peddling and
soliciting include but are not limited to crimes involving assault, criminal sexual
conduct,burglary,robbery,fraud,theft or moral turpitude.
C. Revocation of a past permit issued under this Section.
D. Past violations of any provision of this Section.
1311.06 Restrictions. In addition to the requirements of Section 160 and other provisions of
this Code,no peddler or solicitor shall:
A. Engage in peddling or soliciting without clearly displaying on the peddler or
solicitor's front outer garment the permit/identification card issued by the City,
if a permit is required by Subsection 1311.03.
B. Conduct business before 9 AM or later than 8 PM.
C. Violate Subsection 1311.07 hereof.
D. Walk on or about any side or rear yard or attempt to make contact at any point
other than the main point of entrance or front door of a residence.
E. Fail to promptly depart from the premises following completion of a transaction
or following an unsuccessful attempt to contact the resident of the premises.
F. Commit any act or conduct constituting harassment, a nuisance, theft, deceit, or
menacing or otherwise unlawful activities or violate any other provisions of this
Code or State law.
1311.07 Peddlers and Solicitors May be Prohibited by Placard. Any property owner or
occupant who wishes to exclude peddlers or solicitors from their premises may place upon or
near the principal entrance to the premises a printed placard or sign bearing the following
notice: "Peddlers and Solicitors Prohibited". The placard or sign shall be at least 3-3/4 inches
long and 3-3/4 inches wide and the printing shall not be smaller than 48 point type. No
peddler or solicitor, including those exempt from permit requirements as provided in
Subsection 1311.05, shall enter upon any premises, ring any doorbell, or knock on any door
where a placard or sign is posted, unless the peddler or solicitor has been previously invited
by the owner or occupant. No person other than the owner or occupant of the premises shall
remove, injure or deface the placard or sign."
Section 2. Subsection 1311.07 shall be in force and effect upon passage and publication.
Subsections 1311.01 through Subsection 1311.06 shall be in full force and effect on January 1,
2006.
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Minutes/Edina City Council/October 18,2005
Section 3. Schedule A of Section 185 of the City Code is amended to provide the following
fees:
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT
1311 1311.03 Peddler/Solicitor Permit $30.00
1311 1311.04 Subd.1 Registration for Peddling/Soliciting $50.00
Section 4. Section 3 of this Ordinance shall be in full force and effect on January 1,2006.
Passed and adopted 18th day of October 2005. Member Hulbert seconded the motion.
First Reading: October 4,2005
Second Reading: October 18,2005
Publication: October 27,2005
Attest: &Hovland,Debra A. Mangen, City Clerk ames B. Mayor
Rollcall:
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
RESOLUTION NO. 2005-95 APPROVING SPECIAL ASSESSMENTS Affidavits of Notice were
presented, approved and ordered placed on file. Due notice having been given, public hearings
were conducted and action taken as recorded on the following proposed special assessments.
1. MAINTENANCE IMPROVEMENT NO. M-05
Location: 501h and France Avenue Business District
Analysis for Assessment for Maintenance Improvement No. M-05 showed a total maintenance
cost of $149,257.31 against 339,561 assessable square feet at $0.4396 per square foot. One year
assessment payable in 2006.
Engineer Houle explained the assessment was based on City Code Section 1215 and Chapter 420
of Minnesota State Statutes. The 50th & France business district assessment charge changed from
$0.4371 per square foot in 2005 to $0.4396 as proposed for 2006. The assessment includes all
businesses west of France Avenue except the parking ramps. The increase was mainly due to
improvements necessary because of the aged infrastructure, such as painting the lights,
streetscape, and interior painting in a parking ramp. The maintenance dollars cover all the public
areas within the public right-of-way.
Member Swenson inquired whether the property listed on the Assessment Roster as Edina HRA
was in fact the ramps on both sides of the street. Mr. Houle said the subject property was the
westerly portion of the ramp on 3940 W 491/2 Street.
No public written or oral comments were received.
Member Housh made a motion to close the public hearing seconded by Member Swenson for
Assessment of Improvement No. M-05.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
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Minutes dina Ci Council/October October 18 2005
Minutes/Edina ty ,
Motion carried.
Motion made by Member Housh and seconded by Member Masica approving the assessment
of Maintenance Improvement No. M-05,50th & France Avenue Business District.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson,Hovland
Motion carried.
2. MAINTENANCE IMPROVEMENT NO. G-05
Location: Grandview Business District
Analysis for Assessment for Maintenance Improvement No. G-05 showed a total maintenance
cost of $27,262.28 against 461,701 assessable square feet at $0.0590, down from last year's rate at
$0.0636 per square foot. One year assessment payable in 2006.
Mr. Houle indicated that the Grandview maintenance assessment charge has fluctuated in years'
past because of differences in the square footage of the buildings. The maintenance
responsibilities were for all public area, sidewalks, plantings,islands, and fences.
Member Masica asked how often the fence sections would require maintenance. Mr. Houle said
this was the first time in nine years that maintenance has been done.
No public written or oral comments were received.
Member Swenson made a motion closing the public hearing seconded by Member Hulbert for
Maintenance Improvement No. G-05 Grandview Business District.
Rollcall:
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
Motion made by Member Swenson and seconded by Member Housh approving the
Assessment of Maintenance Improvement No. G-05 Grandview Business District.
Rollcall:
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
3. ROADWAY IMPROVEMENT NO. A-202
Location: Halifax and Grimes Neighborhood Reconstruction
Analysis for Assessment of Roadway Improvement No. A-202 for Halifax and Grimes
Neighborhood Reconstruction. Total amount of the assessment was $455,936.99 against 82
assessable lots at$5,560.21 per lot in a ten year assessment.
Mr. Houle said inquiries have been received regarding whether concrete curb and gutter was
included in the special assessment role; all concrete curb and gutter costs were charged to the
Storm Water Utility Fund per the new special assessment policy.
Public Comment
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Minutes/Edina City Council/October 18,2005
John Roth, 3901 Grimes Lane stated he had been under the understanding that a special
assessment was supposed to be based upon increased value to the property and it seemed like
the engineer was presenting special assessments based upon project costs. Mr. Houle and Mr.
Anderson explained the City had a consultants report showing it would be equitable for the City
to assess one hundred percent of any improvement costs as special assessment. They informed
Mr. Roth he could pick up a copy of the study to review.
Clara Gooding, 5824 Halifax Avenue, voiced concern with the little benefit she was receiving
from the roadway improvement as compared to others in her neighborhood. She also stated she
felt that her property was at risk in having someone drive into her front yard with the new
roadway design.
Member Swenson made a motion to close the public hearing seconded by Member Hulbert.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson,Hovland
Motion carried.
Council and staff briefly discussed options available to the Goodings to protect their front yard.
Following the discussion a motion was made by Member Masica and seconded by Member
Swenson approving Assessment No. A-202, Halifax and Grimes Neighborhood
Reconstruction.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson, Hovland
Motion carried.
4. ROADWAY IMPROVEMENT-A-205
Location: Wooddale Avenue from Valley View Road to West 56th Street
Analysis for Assessment of Roadway Improvement No. A-205 Wooddale Avenue from Valley
View Road to West 56th Street. Total amount of the assessment was $206,663.54 assessed at$32.90
per assessable foot as per the City's policy for municipal state aid street improvements. The term
of the assessment was ten years.
Mr. Houle explained that with a municipal state aid street, twenty per cent of the cost of the street
improvement was assessed per the front footage of the property. He added this policy had been
long standing and was currently under.review for future years.
Laura Erickson, 6037 Wooddale Avenue, complained about the lack of ability to pay the balance
of the special assessment in three installments. Mr. Anderson explained the City was following
State Law which allowed a city to accept a partial prepayment of the assessment before the initial
certification to the County for collection. However, since special assessments would be collected
with property taxes, state law provides a cut off date each year after which the next installment
will be placed upon the tax rolls without the ability to prepay that portion. Homeowners may
always pay the entire outstanding balance of an assessment. He added that many owners seek
different forms of financing their special assessments which may be better suited to their
individual needs.
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Minutes/Edina City Council/October 18,2005
Member Masica made a motion to close the public hearing seconded by Member Swenson for
Roadway Improvement Assessment No. A-205, Wooddale Avenue from Valley View Road to
West 561h Street.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson, Hovland
Motion carried.
Motion made by Member Masica and seconded by Member Housh approving Roadway
Improvement Assessment No. A-205, Wooddale Avenue from Valley View Road to West 56th
Street.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson, Hovland
Motion carried.
5. ROADWAY IMPROVEMENT-BA-321
Location: Valley View Road from West 64th Street to Wooddale Avenue
Analysis for Assessment of Roadway Improvement No. BA-321: Valley View Road from West
64th Street to Wooddale Avenue. Total amount of the assessment was $206,900.00 assessed at
$49.12 per assessable front foot,in a ten year assessment.
Public Comment
Jim Scheer, F & M Properties, 4412 Valley View Road, asked for the formula used to calculate the
assessments. Mr. Houle explained that twenty percent of the project cost of the street
improvement was assessed against the front footage of the abutting properties at$49.12 per foot
for residential properties. He added that because commercial properties put a greater burden
upon roadways they were charged for two times the front footage when the assessments were
calculated.
Dave Martin, 6220 Brookview Avenue asked what the benefit was to his property to provide a
road for commuters. He asked why he was expected to pay an assessment for the easement on
his property. After a brief review Mr. Houle explained that Mr. Martin's easement was a private
easement with a neighbor and had no bearing on the assessment to his property. It was
explained that each property on a municipal state aid street was determined to derive at least an
increased value equal to twenty percent of the cost of the improvement.
Member Hulbert made a motion to close the public hearing seconded by Member Swenson for
Roadway Improvement No. BA-321 for Valley View Road from West 64th Street to Wooddale
Avenue.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson, Hovland
Motion carried.
Motion made by Member Hulbert and seconded by Member Swenson approving Assessment
No. BA-321 for Valley View Road from West 64th Street to Wooddale Avenue.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
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Minutes/Edina City Council/October 18,2005
6. TREE REMOVAL IMPROVEMENT NO -TR-05
Location: Various Properties within the City of Edina
Analysis for special assessments for Tree Removal Improvement No. TR-05 showed parcels
assessed as follows for removal of diseased trees:
6217 Concord Av $ 775.50 Levy #16331 2 year
6824 Valley View Rd 615.75 Levy #16331 2 year
4530 Arden Av 3,304.88 Levy #16330 3 year
4525 Drexel 1,851.15 Levy #16330 3 year
4909 Sunn side Rd 2,522.10 Levy #16330 3 year
4111 W. 62nd St 3,525.00 Levy #16330 3 year
5349 Whiting Av 2,025.00 Levy #16330 3 year
16 Cooper Av 1,254.75 Levy # 16330 3 year
6416 W. Shore Dr 5,930.10 Levy #16329 5 year
Each special assessment includes a$30.00 administrative fee.
Park Director Keprios explained the homeowners were notified of the need to remove their trees.
Those persons who were being specially assessed chose to have the City handle the removal of
their trees.
Member Masica asked why the properties were assessed over different terms. Mr. Keprios
explained that City policy was to vary the term depending upon the amount of the assessment.
No public written or oral comments were received.
Member Swenson made a motion to close the public hearing seconded by Member Hulbert for
various Tree Removal Improvements No. TR-05.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson,Hovland
Motion carried.
Motion made by Member Swenson and seconded by Member Housh approving Assessment
No.TR-05,for various Tree Removal Improvements.
Rollcall:
Ayes: Housh,Hulbert,Masica,Swenson,Hovland
Motion carried.
7. AQUATIC WEEDS IMPROVEMENT NO. AQ-05
Arrowhead Lake, Indianhead Lake and Minnehaha Creek Millpond
ARROWHEAD LAKE
Analysis of special assessments for Aquatic Weeds Improvement No. AQ-05 for Arrowhead Lake
showed a total of $15,472.00 to be assessed against 35 parcels at $442.06 per parcel. One-year
assessments, payable in 2006. A$3.00 administrative fee has been added to each home.
Public Comment
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Minutes/Edina City Council/October 18,2005
Monica Flynn, 6312 Post Lane, stated she lived on Arrowhead Lake on the end of the lake by the
storm sewer. Ms. Flynn asked to have a higher level of service on her end of the lake. She said
the lake had become much shallower over the years and that the lily pads were taking over the
lake. She added that her end of the lake needed to be dredged like it used to be to improve it.
Mr. Houle explained dredging was not as simple a process as it had been in the past. He said the
City was submitting a request to the Nine Mile Creek Watershed District and that hopefully
within two years they would have the needed permissions from the Watershed District and
Department of Natural Resources.
Peter Callot, 6405 McCauley Circle, said the lily pads have taken over at least seventy-five feet
out in front of his property. He said the lily pads extend from shore to shore. Mr. Keprios
explained the Department of Natural Resource would not allow the eradication of lily pads.
Member Swenson made a motion to close the public hearing seconded by Member Hulbert for
special assessments of Aquatic Weed Improvement No. AQ-05 for Arrowhead Lake.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson,Hovland
Motion carried.
Motion made by Member Masica and seconded by Member Hulbert approving special
assessment Aquatic Weed Improvement No. AQ-05 for Arrowhead Lake.
Rollcall:
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
INDIANHEAD LAKE
Analysis of special assessments for Aquatic Weeds Improvement No. AQ-05 for Indianhead Lake
show special assessments of $15,560.00 to be assessed against 33 parcels at $462.42 per parcel.
One year special assessments, payable in 2006. A $3.00 administrative fee has been added to each
home.
i
No public written or oral comments were received.
Member Swenson made a motion seconded by Member Hulbert to close the public hearing for
special assessments for Aquatic Weed Improvement No. AQ-05 for Indianhead Lake.
Rollcall:
Ayes: Housh,Hulbert, Masica, Swenson, Hovland
Motion carried.
Member Swenson made a motion approving the special assessments for Aquatic Weed
Improvement No. AQ-05 for Indianhead Lake. Member Housh seconded the motion.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
MINNETONKA CREEK MILLPOND
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Minutes/Edina City Council/October 18,2005
Analysis of special assessments for Aquatic Weeds Improvement No. AQ-05 for Minnehaha
Creek Millpond, showing special assessments of $16,447.00 to be assessed against 63 parcels at
$261.06 per parcel. One-year special assessments, payable in 2006. A $3.00 administrative fee has
been added to each home.
No public written or oral comments were received.
Member Swenson made a motion to close the public hearing seconded by Member Housh for
Aquatic Weed Improvement No. AQ-05 for Minnehaha Creek Millpond.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
Member Housh asked who kept the equipment parked at the Millpond. Mr. Keprios replied that
was the contractor who kept the weed cutting equipment on site in between cuttings.
Motion made by Member Masica approving the special assessments for Aquatic Weeds,
Improvement No. AQ-05 for Minnetonka Creek Millpond. Member Hulbert seconded the
motion.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson,Hovland
Motion carried.
8. WEED MOWING IMPROVEMENT NO.WD-05
Location: Various Properties within the City of Edina
Analysis for special assessments for Weed Mowing Improvement No. WD-05 showed parcels
assessed as follows for Weed Mowing:
4000 42nd St. W $ 255.00 16333 1 year
4630 France Av 142.50 16333 1 year
6001 St.Johns Av 405.00 16333 1 year
5013 Bedford Av 480.00 16333 1 year
A$30.00 administrative fee was assessed for each property.
No public written or oral comments were received.
Member Swenson made a motion to close the public hearing seconded by Member Housh for
Weed Mowing Improvement No.WD-05.
Rollcall:
Ayes: Housh, Hulbert, Masica,Swenson, Hovland
Motion carried.
Member Masica asked if any of the properties were repeat assessments for weed cutting. Mr.
Keprios replied he believed the property at 5013 Bedford Avenue had weeds cut in previous
years.
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Minutes/Edina City Council/October 18, 2005
Motion made by Member Swenson approving the special assessments for Weed Mowing
Improvement No. WD-05 for various locations within the City. Member Hulbert seconded the
motion.
Rollcall:
Ayes: Housh,Hulbert, Masica, Swenson, Hovland
Motion carried.
9. FENCE IMPROVEMENT NO. FE-05
Location: 5309 Blake Road
Analysis for special assessments for Fence Improvement No. FE-05 showed a protective fence
installed for$1,000 because of a structurally unsound, fire-damaged garage at 5309 Blake Road.
I
Building Official Kirchman explained the Safety Improvement at 5309 Blake Road was
undertaken after a fire damaged the garage on the property and it was left in a hazardous
condition. Working as per Edina's Code and through the courts, repeated notices were given to
the property owner. Finally, in order to protect the public from the hazard the City installed a
safety fence. He added that they would be proceeding to condemn the garage to remove it as a
hazardous building.
No public written or oral comments were received.
Member Hulbert made a motion seconded by Member Housh to close the public hearing for
the Fence Improvement No. FE-05 at 5309 Blake Road.
Rollcall:
Ayes: Housh,Hulbert, Masica, Swenson, Hovland
Motion carried.
Following a brief discussion, Member Housh made a motion made approving the special
assessments for Fence Improvement No. FE-05 at 5309 Blake Road. Member Swenson seconded
the motion.
Rollcall:
Ayes: Housh, Hulbert, Masica, Swenson, Hovland
Motion carried.
Member Hulbert introduced the following resolution and moved its approval:
RESOLUTION NO. 2005-95
A RESOLUTION LEVYING SPECIAL ASSESSMENTS
FOR VARIOUS PUBLIC IMPROVEMENTS AND PROJECTS
WHEREAS, pursuant to proper notice duly given as required by law, the Edina City council
has met and heard and passed upon all written and oral objections to the proposed special
assessments for improvements listed below:
Maintenance Improvement No. M-05 -501h & France Avenue Business District
Maintenance Improvement No. G-05 - Grandview Business District
Roadway Improvement No. A-202- Halifax and Grimes Neighborhood Reconstruction
Roadway Improvement No. A-205 -Wooddale Avenue,Valley View Road to W. 56th Street
Roadway Improvement No. BA-321 -Valley View Road,W. 641h Street to Wooddale Av.
Tree Removal Improvement No. TR-05 - Various Properties within the City of Edina
Aquatic Weeds Improvement No. AQ-05 - Arrowhead, Indianhead Lakes and
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Minutes/Edina City Council/October 18,2005
Minnehaha Creek Millpond
Weed Mowing Improvement No.WD-05
Safety Fence Improvement No. FE-05
BE IT RESOLVED by the City Council of the City of Edina,Minnesota,as follows:
1. Each special assessment as set forth in the special assessments rolls on file in the office
of the City Clerk for each aforementioned improvement is hereby accepted and shall
constitute the special assessments against the lands named therein, and each tract of land
therein included is herein found to be benefited by the improvement in the amount of the
special assessments levied against it.
2. The special assessments shall be payable in equal installments, the first of said
installments together with interest at a rate of 5.6% per annum, on the entire special
assessments from the date hereof to December 31, 2006. To each subsequent installment shall
be added interest at the above rate for one year on all unpaid installments. The number of
such annual installments shall be as follows:
NUMBER OF
NAME OF IMPROVEMENT INSTALLMENTS
Maintenance Improvement M-05 Levy No. 16336 1 year
Maintenance Improvement G-05 Levy No.16337 1 year
Roadway Improvement A-202 Levy No..16338 10 years
Roadway Improvement A-205 Levy No.16339 10 years
Roadway Improvement BA-321 Levy No.16340 10 years
Tree Removal Improvement TR-05 Levy No. 16329 5 year
Tree Removal Improvement TR-05 Levy No. 16330 3 year
Tree Removal Improvement TR-05 Levy No.16331 2 year
Aquatic Weeds Improvement AQ-05 Levy No.16334 1 year
Weed Mowing Improvement WD-05 Levy No.16333 1 year
Safety Fence Improvement FE-05 Levy No. 16343 1 year
3. The owner of any property so assessed may, at any time prior to certification of special
assessment to the County Auditor, pay the whole of the special assessments on such property,
with interest accrued to the date of payment, to the city Treasurer, except that no interest shall
be charged in the entire special assessments is paid within 30 days from the adoption of this
resolution and they may, at any time thereafter, pay to the City Treasurer the entire amount of
the special assessments remaining unpaid,with interest accrued to December 31, of the year in
which such payments are made. Such payment must be made before November 15, or interest
will be charged through December 31 of the succeeding year,
4. The clerk shall forthwith transmit a certified supplicate of these special assessments to
the County Auditor to be extended on the property tax lists of the County. Such special
assessments shall be collected and paid over in the same manner as other municipal taxes.
Adopted this 18th day of October 2005.
Rollcall:
Ayes: Housh,Hulbert, Masica,Swenson, Hovland
Motion carried.
*AWARD OF BID - TRAFFIC SIGNAL REVISION -WEST 77TH STREET AND COMPUTER
AVENUE - IMPROVEMENT NO. TS-38 Motion made by Member Masica and seconded by
Member Housh for award of bid for Traffic Signal Revision at West 77th Street at Computer
Drive, Improvement No. TS-38, to recommended low bidder, Ridgedale Electric, Inc., at
$20,741.00.
Motion carried on rollcall vote-five ayes.
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Minutes/Edina City Council/October 18,2005
RESOLUTION NO. 2005-94 - APPROVING ESTABLISHMENT OF HEALTH
REIMBURSEMENT AGREEMENT (HRA) PLAN AND TRUST Deputy City Manager
Anderson stated the City would like to make available to its employees, a high deductible health
plan. He said Medica; the City's health insurance provider would offer a high deductible plan
with a health reimbursement agreement (HRA). Mr. Anderson explained, as part of setting up
the Plan, it was necessary to set up a trust and a Trust Adoption Agreement. He said the Stanton
Group will act on behalf of the City in establishing the Plan and associated Trust.
Assistant to the City Manager Smith noted that Stanton Group was currently providing this
service for five of the LOGIS Health Group cities and would take on the tasks of establishing
Plans and Trusts for four more cities this coming year. She said adoption of a resolution would
give the Stanton Group the necessary authority to proceed in setting up the Plan and Trust for the
City of Edina.
Member Swenson introduced the following resolution and moved its adoption:
RESOLUTION NO.2005-94
ESTABLISHMENT OF A
HEALTH REIMBURSEMENT AGREEMENT (HRA)
PLAN AND TRUST
The undersigned,constituting the members of the City Council ("Council") of the City
of Edina,a Minnesota governmental entity, do hereby adopt the following resolutions in
writing,pursuant to applicable Minnesota law.
WHEREAS, the Council deems it be advisable to provide a health expense
reimbursement arrangement ("Plan") for certain current and former employees of the City of
Edina;
WHEREAS, such Plan is intended to be a Health Reimbursement Arrangement
("HRA") within Sections 105 and 106 the Internal Revenue Code of 1986 ("Code") and in
accordance with Revenue Ruling 2002-41 (June 26,2002);
WHEREAS, the Council deems it advisable to adopt a tax-exempt trust as described in
Section 501(c)(9) of the Code ("Trust") through which benefits provided under the Plan will be
funded;
WHEREAS,the Council deems it advisable to authorize Stanton Group to act on behalf
of the City of Edina in accomplishing the establishment of the Plan and associated Trust;
NOW, THEREFORE, BE IT RESOLVED, the Council hereby authorizes establishment
of the Plan and Trust.
BE IT FURTHER RESOLVED, that this Council hereby authorizes and directs the City
Manager of the City of Edina to act on behalf of the City of Edina in accomplishing the
establishment of the Plan and Trust, including but not limited to executing the documents
once finalized, and such person or persons be authorized to do whatever else is necessary to
accomplish this objective.
Dated this 18TH day of October 2005. Member Masica seconded the motion.
Ayes: Housh,Hulbert, Masica, Swenson, Hovland
Motion carried.
TRAFFIC SAFETY STAFF REPORT OF OCTOBER 6, 2005, APPROVED Traffic Engineer
Lillehaug explained that a request was received to install an ALL-WAY STOP at Interlachen
Boulevard and the north intersection of Blake Road. He noted the requestor resided at Waterman
Avenue and was concerned with traffic congestion and long delays for traffic turning onto Blake
Road/Interlachen Boulevard from the south approach to Blake Road.
Page 15
Minutes/Edina City Council/October 18,2005
Staff conducted traffic volume and speed studies in July and August. Results were during the
peak weekday 8-hour period, the Blake Road from the south approach averaged 144 units per
hour. The prescribed warrants and minimum volumes for an all-way STOP were 300 units per
hour for the major street and 200 units per hour for a minor street.
Mr. Lillehaug said adding an all-way STOP to this intersection poses a more significant safety
issue than the existing safety issue of the queuing of vehicles on the south leg as well as increases
the overall intersection delay significantly and he believes an all-way STOP was not warranted at
this intersection.
A Council discussion ensued with suggestions for a round about or installation of signage such
as STOP AHEAD with the difficult intersection.
Member Swenson asked if the School District's parking request for Southview Lane had been
communicated to the abutting neighbors. Staff indicated the neighbors had not been notified.
Member Swenson asked that action on this item be continued pending notification of the
neighbors.
Member Hulbert made a motion continuing approval of Section A.1. to the next Council
meeting of November 1, 2005, allowing notification of adjacent residents impacted by the
temporary removal of parking prohibitions on the north side of Southview Lane from
Normandale Road to Concord Avenue during the gymnasium construction period on the
Southview Middle School sight, and approval of Section B. and C. Member Housh seconded
the motion.
Ayes: Housh,Hulbert,Swenson, Hovland
Nays: Masica
Motion carried.
'CONFIRMATION OF CLAIMS PAID Member Masica made a motion and Member Housh
seconded the motion approving payment of the following claims as shown in detail on the
Check Register dated October 5, 2005, and consisting of 37pages: General Fund $746,691.43;
CDBG Fund $37.00; Communications Fund $6,913.35; Working Capital Fund $2,025.41;
Construction Fund $5,515.03; Art Center Fund $9,752.99; Golf Dome Fund $2,341.60; Aquatic
Center Fund $3,158.88; Golf Course Fund $29,985.50; Ice Arena Fund $15,290.32;
Edinborough/Centennial Lakes Fund $5,722.66; Liquor Fund $136,277.94; Utility Fund
$83,191.79; Storm Sewer Fund $1,265.28; PSTF Fund $15,543.81; TOTAL $1,063,712.99; and for
approval of payment of claims dated October 12, 2005, and consisting of 25 pages: General
Fund $151,076.87; CDBG Fund $41.00; Communications Fund $1,724.03;Working Capital Fund
$10,539.73; Art Center Fund $2,240.69; Golf Dome Fund ($442.28); Aquatic Center Fund $52.07;
Golf Course Fund $14,948.31; Ice Arena Fund $7,268.56; Edinborough/Centennial Lakes Fund
$13,354.26; Liquor Fund $208,078.09; Utility Fund $4,222.92; Storm Sewer Fund $571.79; PSTF
Fund$1,570.21; TOTAL$415,246.25.
Motion carried on rollcall vote -five ayes.
There being no further business on the Council Agenda, Mayor Hovland declared the meeting
adjourned at 10:00 P.M.
7
City Clerk
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