HomeMy WebLinkAbout19890515_regular-215 HINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY ITALL
MAY 15, 1989
ROLLCAU Answering rollcall were Members Kelly, Paulus, Rice, Smith and Richards.
S.A.D.D. - DRUNK DRIVING AWARENESS WEEK PROCLAIMED Motion of Member Smith was
seconded by Member Paulus for adoption of the following proclamation:
WHEREAS, the Edina Students Against Drunk Driving (S.A.D.D.) was chartered with
the national organization in 1985, and is an official organization of Edina High
School, and
WHEREAS, Edina S.A.D.D. is achieving its first goal to increase awareness in the
community that drinking and driving don't mix, and
WHEREAS, formation of a S.A.D.D. chapter at Edina High has prompted awareness and
concern for drunk driving and is helping educate teenagers about drinking and
driving, and
WHEREAS, Edina S.A.D.D. has developed a program called "Safe-rides" to provide a
free, safe, sober ride home to students, no questions asked;
NOW, THEREFORE, I, Frederick S. Richards, Mayor of the City of Edina do hereby
proclaim the week of May 19 - June 1, 1989
in Edina and ask all citizens to join with the Edina S.A.D.D. members in carrying
the message against drunk driving to all in the community and by example to
communicate this to our young people.
PROCLAIMED this 15th day of May, 1989.
PROCLA~ATION
S.A.D.D. - DRUNK DR.IVING AWARENESS WE=
Receiving the proclamation was Laurel Dunn, student coordinator for S.A.D.D., who
explained the purposes, goals and makeup of the organization.
CONSENT AGENDA IT= ADOPTED
Member Rice to approve and adopt the consent agenda items as presented.
Motion was made by Member Smith and was seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
COUNCIL APPROVES RECOMMENDATIONS REGARDING PORNOGRAPHY Mayor Richards stated
that, in response to the concerns of citizens heard at the April 17 meeting
regarding sale of pornography at Shinder's, the City Manager had been directed to
review the issues raised and to coordinate resource information for the Council.
In addition, the City Attorney had furnished a summary of the constitutional
limitations on municipal regulation of "adult" facilities.
Manager Rosland reported that he had met with the City Attorney, the Prosecuting
Attorney, the Chief of Police, and the Chairman and a staff member.of the Human
Relations Commission.
Council's consideration, summarized as follows:
Together they had developed recommendations for the
Municipal Regulation - of Adult Facilities - Key issues: 1) A municipality may not
enact a regulation which in form or effect bans adult facilities from the
community.
opportunity to locate in the community, or so severely regulate adult facilities
as to render them incapable of operating in the community.
2) A municipality may not deny adult facilities a reasonable
Recent Legislation - The Minnesota Obscenity Law, effective June 1, 1988, and the
Display to Minors Law, effective August 1, 1988, were reviewed. Last year the
City aggressively prosecuted a case against an Edina resident accused of making
bestiality movies in his house. The resident was found guilty but has appealed
the case. The cost to the City was $59,500 and it is assumed that more will be
spent on the appeal process.
join in and charge the defendant with violating the Minnesota Obscenity Law; the
At that time it was hoped that Hennepin County would
5/15/89 216
County decided not to do so.
challenged in court.
generally strong financially.
certain magazine because of a prior constraint clause in the law; each issue would
have to be challenged. Under the law in order to determine that material is
obscene, a "community" standard must be applied, community being defined as
Hennepin County. The Display to Minors Law is felt to have some weak links, e.g.
"harmful to minors" language and should speak more specifically regarding "sexual
conduct" .
Recommendations - 1) Ask the Legislature to strengthen the Display to Minors Law
and lobby through the AMM, LMC and the MLC to correct the weaknesses. 2) Ask the
police chiefs' association to look for a prosecutable obscenity law case and then
ask the respective elected city officials to encourage the elected county
officials to challenge the Minnesota Obscenity Law.
make the adult material not visible to minors, including moving the baseball card
counters.
Otto Bryne, Chair of the Human Relations Commission, advised that members of the
CLEAN UP Project did attend a meeting of the Commission to talk about the issues
and that he applauded their citizen effort. He said that he had participated in
the staff discussion and felt that the recommendation action would be
constructive.
To date the Minnesota Obscenity Law has never been
Prosecution is extremely expensive and defendants are
Further, there can be no blanket injunction on a
3) Work with Shinder's to
Mayor Richards called for comment from representatives of Shinder's; no comment
was heard. He then asked Ron Dahl, representative for the concerned citizens, to
comment. Mr. Dahl expressed appreciation for the time and efforts of the staff
and the Human Relations Commission spent in reviewing the issues.
there had been a discussion regarding the definition of obscene and if it was
their feeling that the material at Shinder's fitted that definition.
that it is really a question of funds and could we get the county attorney to
cooperate and be involved in a case that would test the law.
Edina Council might join in a cooperative effort on a test case if they could get
the other communities in which Shinder's have stores to participate.
Rosland said that was part of the recommendation, that when a prosecutable
obscenity case was identified that it be brought to the Council for consideration.
Mr. Dahl said he was disappointed that they could not make Edina the test case and
offered to do something to raise funds for prosecution.
continue to be involved and that they had other options regarding public
awareness.
Barbara Bergen, 4804 Woodhill Way, asked if it would possible to pass an ordinance
that would forbid minors to be in a store unaccompanied by an adult that sells
adult or obscene literature.
or display this type of material to minors if it is harmful to minors, whatever
that means. There are other books that they sell and display that are
appropriate, but to say minors can't go in because there are other books in a
separate comer which are protected by a barricade as the law requires would
probably be unconstitutional.
He asked Tf I He concluded
He also asked if the
Manager
He said they would
Attorney Erickson said that he had never looked at
*the issue but that his reaction would be no. Present law says that you can't sell
Caroline Falstad, 5415 Abbott Place, said that in reading through the law it
talked about fines.
obscenity law - does it have to be a prosecution case, can't they just be fined?
Attorney Erickson explained that the statute states that the violation of the
obscenity law is a gross misdemeanor which is a fine of not more than $3,000 or
one year in jail or both.
they would be there to defend themselves.
display to minors as opposed to the sale of the product to minors and that is a
misdemeanor, $700 and/or 90 days in jail.
She asked how the fine process worked in relationship to the
If Shinder's were cited with violation of the statute
There is a separate violation fine for
5/15/89 217
Cathy Brennan, 4628 Wilryan Avenue, said she appreciated the efforts of Council
and staff was beginning to appreciate the complexity of the issues and the cost of
prosecuting. She asked about gaining strength with other communities, as was
referenced by the City Manager, and asked how they could do that. Manager Rosland
explained that the plan was to, through the City's Police Chief and the Police
Chiefs' Association, work and be aware of these various problem spots and look for
a case that could be prosecuted that would have some strength because this is a
very difficult law. He said, unfortunately, it truly is a dollar issue and that
strength with communities would mean backing by the communities, the elected
officials and the county to take on a strong case. To take on a weak case and
lose it would strengthen the cause of those selling pornography.
committee had felt that the best effort would be in lobbying to strengthen the
Display to Minors Law in hope of protecting our minors.
Jan Schefelbeim, citizen of Inver Grove Heights, said she was here because of her
involvement with anti-pornography efforts in that city and also in Dakota County.
She said the recommendations were good ideas, especially that of working to
strengthen the Display to Minors Law.
County with the Shinder's store in Inver Grove Heights whereby they installed 6-8
foot walls and solid doors for the adult literature area.
He said that the
She reported on their efforts in Dakota
Ron Kazara, citizen of Minneapolis, said that he had attended the April 17 meeting
and was impressed with the procedure he had observed and appreciated the
consideration that has been given to the issues.
leaders of the community to see that something is done to eradicate the
pornography that is being sold at Shinder's.
where would this be moved upon - certainly not in Minneapolis.
He urged the City officials as
He said that if not here in Edina,
Member Smith commented that he felt the short term objective should be as the City
Manager has suggested - the prevention of viewer access by minors. This should be
actively be pursued and maybe standards should be developed for Shinder's.
suggested that Shinder's be made aware that we are going to be watching to make
sure that they prevent minors from seeing this material.
those concerned in the private sector have the opportunity to promote a boycott of
Shinder's by notices through organizations such as the PTA to stay away from
there. For the long term he said he would support the recommendation that we look
for the right case to prosecute.
He
He also suggested that
Member Paulus said what is needed is an education process in which the whole
community is working together through either the schools, the churches or the
youth social groups.
this material is doing to society that maybe we can stop the next generation from
desiring it.
She said she felt that by educating the community about what
Member Rice commented that he had visited Shinder's six times since early April.
On the earlier visits some of the explicit covers of the magazines in the "adult"
section could be seen from outside of that section. Subsequently,
that has been substantially corrected.
very helpful to the kids who are buying baseball cards.
he observed two boys approximately 14-15 years of age in the adult section and had
told the store manager who responded by asking their age; the boys left
immediately. Interestingly, he never saw anyone buying material from the adult
section or the tobacco section.
the Minnesota Obscenity Law, Display to Minors Law and Edina Ordinance No. 1001,
he believed that some material at Shinder's is obscene. He stated that he
supported the staff's recommendations and the process suggested.
proving obscenity is difficult, expensive and lengthy he would hope that along
with other governmental bodies, especially the County, we would do our part to
defend and enforce the law.
He had observed that Shinder's staff was
On one occasion he said
Member Rice said that, as he read the language in
He said because
To the extent that there could be support for this
218 5/15/89
kind of action in the larger community it would be very helpful because the City
cannot do it alone.
Member Kelly said she had nothing to add to the comments that have been made
except to encourage the City to follow through with the three proposals offered by
the Manager. .She suggested it be treated as a traffic situation, e.g. watch and
patrol the situation for violations.
I
Mayor Richards observed that this is the truest form of government and that he
could say that because he did not consider himself a politician.
would duck the issue by saying that regardless of our personal views there is
really nothing we can do about it because the legislature has conferred upon the.
county the authority to enforce these laws, it has nothing to do with the
municipalities.
Dahl and others have talked about.
personal liberties and freedoms and when we talk about adults he was troubled by
someone telling him what they think is good or bad for him. Mayor Richards said
that he had visited Shinder's and had found the subject material to be pretty
offensive but that he did not feel he was in a position to judge for his fellow
citizen what he or she should look at. He said he would not go as far as the
staff recommendation to attempt to do something with Shinder's.
Amendment is sacred to all of us and we must defend it to its limits. He said he
did draw a line when it comes to minors and would strongly and vigorously instruct
the staff to enforce the access that minors would have to the material. Steps
have been taken but stronger steps could be taken to close off that section by
creating visual barriers so that the materials behind those doors could not be
viewed.
to put money into a pot for the Hennepin County attorney to prosecute a case
regardless of his personal opinion of the materials.
If he were he
He said that he had heard nary a word spoken contrary to what Mr.
He stated that he believed strongly in
The First
He said, as an elected official, he could not' support a request later on
. Mayor Richards then called for response or further comment. Mr. Dahl stated that
the First Amendment is a sacred issue, yet the judgements of the Supreme Court
indicate that obscenity has never been protected by the First Amendment. At the
time the First Amendment was written there were laws on the books of many states
prohibiting exactly the kind of thing we are talking about.
the intention of the authors of the Constitution to protect obscenity.
well known case, Roth vs. United States, 1954, that upholds that. Subsequent
renderings of the Court eliminate pornography as one of those protected rights.
He saidhe did not believe this is a First Amendment issue. Mr. Dahl stated
further that they had come within the due process - they believed there is a law
and asked that it should be enforced.
beyond the recommendations of staff. He said the kind of things they will do will
be to make the public aware through organizations like the PTA and letters to the
newspaper. Their primary concern is not adults but definitely is the children who
they do not feel are being properly protected. Mr. Dahl concluded with the '
comment that he would not be happy with what goes on at Shinder's until the law is
enforced or is changed.
Jan Schefelbeim said she.wanted to impress on the Council something they have seen
in monitoring the other Shinder's locations.
perhaps will bear. In the Shinder's store in Inver Grove Heights there is a large
supply of material that is sadomasochistic torture towards children.
does is bring the people who feed on that material into the community and in
proximity to the children.
type of material may be brought into the Edina store.
Carolyn Owens, 5243 Brookside Court, pointed out that, with regard to education as
mentioned by Member Paulus, she had sent a letter to each school principal in
Edina when she had first sent the letter to the City Council in March to involve
them in this issue.
It was never clearly
There is a
The choice has been not to pursue that
Shinder knows what the community
What this
She said if Edina does not take a strong stand that I
5/15/89 219
Member Kelly moved adoption of the folloving resolution:
BE IT RESOLVED by the City Council of the City of Edina, that it hereby directs
the City Manager to proceed with implementing the recommendations presented by
staff as follows:
the Display to Minors lav,
obscenity case and then encourage the County to challenge the Minnesota Obscenity
Law, and
that the material is not visible to anyone entering the store.. Motion was
seconded by Member Smith.
Richards called €or- a' rollcall vote.
RESOLUTION
1) To lobby the Legislature through the W, LMC and the MLC to strengthen
2) To act through the police chiefs' organization to look for a prosecutable
3) To work aggressively with Shinder's to close off the adult section so
Following further discussion on the motion, Mayor
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried..
PUBLIC HEARINGS ON FINAL DEVELOPMENT PLAN FOR SUPEXAMERICA AND VACATION OF SERVICE
ROAD CONTINUED TO 6/5/89
ordered placed on file.
vacation of the service road adjacent thereof affecting the same property, public
hearings were held concurrently. Planner Craig Larsen presented the request of
SuperAmerica (5205 Vernon Avenue), generally located south of Vernon Avenue and
northeast of Link Road, for Final Development Plan approval to reconstruct their
station and pump islands.
Planner Larsen reviewed the Grandview area history as it relates to the site,
noting the following: 1) Grandview Area Traffic Study, April 1984 - In response
to traffic flow in the area and concerns of the Richmond Hills neighborhood.
issue areas were addressed in the Study with recommended improvements for each.
One of those was the Link Road area and also included the intersection of Eden
Avenuepernon Avenue. The plan called for the closing of the Edenpernon
intersection, expansion of Link Road and signalization of the Linkpernon
intersection. 2) Grandview Tax Increment District Created, June 1984 - One of
the goals of the District was to implement the improvements recommended in the
Study.
1986 - Funding provided by the bond issue included the Link Road improvement.
4) HRA Commitment to Vernon Terrace for Link Road Signal, December 1986 - Through
the redevelopment contract for Vernon Terrace,the HRA committed to signalize the
Link Road intersection to provide access for residents to the retail area.
5) City Council Orders Link Road Improvement, June 1987 - Staff began
negotiations with SuperAmerica on a plan to implement the Link Road improvement.
6) Agreement with SuperAmerica, May 1989 - Key elements of Agreement are: a)
SuperAmerica agrees to dedicate property for Link Road realignment, b) City agrees
to vacate Vernon Avenue service road adjacent to SuperAmerica, c) SuperAmerica
agrees to re-orient traffic flow consistent with City-County road design, and d)
City agrees to approve Final Development Plan to rebuild the station to respond to
the reorientation of traffic flow through the facility.
Planner Larsen explained that staff would recommend Final Development Plan
approval subject to these conditions: 1) Vacation of right of way adjacent to
SuperAmerica, 2) Dedication of Link Road right of way by SuperAmerica, and 3)
Staff approval of final grading and landscaping plans.
Graphics were presented showing the right of way proposed to be acquired from
SuperAmerica and the portion of the service road proposed to be vacated and of the
site plan illustrating where access would be eliminated, new access and adjusted
access. Planner Larsen explained that the proposed building is SuperAmerica's
current prototype (40 x 60') and would be relocated to the rear portion of the
site with parking in front and on the south side.
Affidavits of Notice were presented, approved and
The Final Development Plan for SuperAmerica and the
Five I
3) HRA Project for Public Parking Ramp and Link Road Improvements, July
The pump islands will be
5/15/89 I. .. 220
rebuilt and re-oriented to the access from Vernon Avenue and new state-of-the-art
tanks will be installed.
the hearing before the Community Development and Planning Commission on April 26,
1989.
feet.
Vernon.
cut can be moved.
the Link Road curb cut.
stacking-of vehicles off the Vernon Avenue access.
changes are in response to concerns raised by some of the members of the Planning
Commission.
to Link Road and has been reviewed and approved by the City and County Engineering
Departments.
Mayor Richards asked what action the Planning Commission took on the Final
Development Plan that was presented to them on April 26.
voted to deny on a 5-6 vote.
SuperAmerica to modify the plan and staff would recommend approval as modified.
The proposed site plan has been revised slightly since I First, the'curb cut on Link Road had been moved to the east by about 30
This will reduce the possibility of intersection conflicts at Link and
Due $0 street grade constraints this is as far to the east as the curb
Second, the pump island and station are moved east to work with
Planner Larsen said that these
This adjustment will allow for additional on-site
The proposed plan responds well to the planned roadway improvements
Planner Larsen said they
He explained that subsequently staff had worked with
Member Kelly said she understood that part of the Planning Commission objected
because of the change in traffic flow on Vernon, e.g. signalization. She said she
also was not convinced that a signal was needed at that location.
she would like to see this go back to the Planning Commission for their
recommendation on the modified plan.
Further, that
Member Smith asked how the access on Vernon Avenue and Link Road would work and
how vehicle stacking would be handled. Planner Larsen said it would be a right
turn in and right turn out of the station at the Vernon access.
access would be both in and out.
site instead of on the street.
Member Paulus asked if this plan will be compatible with whatever redevelopment
may occur on the Lewis Engineering and School bus garage properties.
Larsen recalled that in 1987 when the project was authorized there were
discussions that there not be a taking of the SuperAmerica property and to go with
the modified design for the Link Road improvement. With that in mind, staff asked
BRW to revisit the traffic study when Jerry's was proposing their redevelopment.
BRW had concluded that with Jerry's proposed redevelopment of 100,000+ square feet
Link Road worked in the configuration now presented.
Member Rice asked how many square feet SuperAmerica is being asked to relinquish
and how many they will acquire by the street vacation; also, if any variances will
be needed. Planner Larsen said they will relinquish about 3,900 square feet and
will acquire approximately 3,700 square feet. No setback variances are required
for the site as it is part of an existing commercial district.
.
The Link Road
As to stacking, that is expected to occur on I
Planner
Bud Kaupp said he worked in the area of Permits and Zoning for SuperAmerica and
that Roman Mueller, Engineering Department, and Jack Lemley, Condemnation
Department were also present to respond to questions.
Planning Commission meeting they felt the commissioners were receptive to the
proposed plan.
some vehicles may attempt to turn left.
happening with the median on Vernon. Along with the access on Link Road, the
traffic signal and the deceleration lane he felt that it would work well.
said that by moving the building back slightly they were able to move the island
canopy a good car length back to alleviate any vehicle stacking on the street.
Mr. Kaupp reiterated that the structure would be a new building and that
everything now in the.ground would be removed and replaced with new
state-of-the-art equipment.
From what they heard at the
Concerns were that with the right turn in - right out on Vernon -
Mr. Kaupp said he did not see that
He also
5/15/89
221
Member Paulus made a motion that the modified Final Development Plan be referred
back to the Community Development and Planning Commission for recommendation.
Member Kelly said she would second the motion if, when this goes back to the
Planning Commission, the two issues are clearly defined, e.g. the Final
Development Plan and the signalization of the Linkflernon intersection.
discussion developed regarding whether the signalization issue and the Grandview
Traffic Study should be revisited because of questions that have been raised and
also to acquaint the new Council Members with the issues covered in the Study.
Attorney Erickson suggested that the motion be restated to continue the public
hearings to June 5, 1989 which would still permit the Planning Commission to
review the modified plan for SuperAmerica at its May 31 meeting and make their
recommendations prior thereto.
A
Member Paulus restated the motion that the public hearings on the Final -':
Development Plan for SuperAmerica and the vacation of the service road be
continued to June 5, 1989, and that the Planning Commission be asked to review the
modified plan and make their recommendation prior to the June 5 meeting.
was seconded by Member Kelly.
Motion
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried. ~
WRDINANCE NO. 171-A30 (TO ADD A PERMIT CATEGORY AND PERMIT FEE) ADOPTED: SECOND
READING WAIVED
for adoption of the following ordinance, with waiver of Second Reading:
Motion was made by Member Smith and was seconded by Member Rice
ORDINANCE NO. 171-830
AN ORDINANCE AMENDING ORDINANCE NO. 171
TO ADD A PERMIT CATEGORY AND PERMIT FEE
TIE crm COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAIXS:
Section 1. Schedule A to Ordinance No. 171 is hereby amended by adding the
following permit category and permit fee:
ORD. SEC . - NO. - NO. PURPOSE OF FEE OR CHARGE AMOUNT FEE NO.
432-Al 5 Plumbing permit To install RPZ bacMlow
preventer $12.50 14t-1
backflow preventer 12.50 14t-2
Inspection of RPZ
Sec. 2. This ordinance shall be in full force and effect immediately upon its
passage and publication. 5% &/!! e
ATTEST :
Mayor *&%. w
City Clerk
Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR W. 49 1/2 STREET PARKING RAMP REPAIR IKPROVEMEN!L' NO. P-3A Motion
was made by Member Smith and was seconded by Member Rice for award of bid for
repair of the West 49 1/2 Street Parking Ramp, Improvement No. P-3A (Contract
#89-9) to recommended low bidder, D. H. Blattner & Sons, at $35,874.50.
Motion carried on rollcall vote, five ayes.
BID AWARDED FOR MII;LpOND WEED HARVESTING
seconded by Member Rice for award of bid for millpond weed harvesting to sole
bidder, Midwest Aqua Care, at $8,768.00.
Motion was made by Member Smith and was
Motion carried on rollcall vote, five ayes.
222 5/15/89
*BID AWARDED FOR CHBIRS FOR MANAGER'S CONFERENCE ROOM Motion vas made by Member
Smith and was seconded by Member Rice for award of bid for chairs for the
Manager's Conference Room to recommended low bidder, General Office Products, at
$5,131.32. I Motion carried on rollcall vote, five ayes.
*BID AWARDED FOR ONE TON CAB & CHASSIS
seconded by Member aice for award of bid for a one ton cab and chassis for the
Traffic Sign Shop to Thane Hawkins Polar Chevrolet at $13,187.00, under Henneph
County Contract -#9544.
Motion carried on rollcall vote, five ayes.
Motion was made by Member Smith and was
TRAFFIC SBPETY COMMITTEE MINUTES OF 5/9/89 APPROVED Member Kelly moved approval
of the folloving recommended action in Section A of the Traffic Safety Committee
Mjnutes of Hay 9, 1989:
1) To,install a "STOP" sign on westbound Mavelle Drive at the intersection of
Sandell Avenue,
2) To install a "STOP" sign on eastbound Minnesota Drive at Edinborough Way,
and approve the recommended action in Section B and achowledge Section C of the
Minutes.
Motion for approval was seconded by Member Paulus.
Ayes: Kelly, Paulus., Rice, Smith, Richards
Motion carried.
A-S FOR UTILITY RELOCATION COSTS FOR CENTENNIAL LBKES PROJECT AU!EIORIZED
Engineer Hoffman informed the Council that, as part of the Centennial Lakes
. project, West 76th Street is being relocated and all utilities in the street must
.be relocated. The following costs will be incurred as part of the relocation:
Northern States Power $ 50,000.00
U.S. West Communications 162,000.00
Minnegasco ' 120,000.00
Total ' $332,000.00
These costs will be assessed to the Centennial Lakes project.
budget for utility relocation is $350,000.00.
Staff would recommend that the Council authorize agreements between the City and
the utility companies to relocate the utilities-as needed for the project.
The estimated
Member Smith introduced the following resolutions and moved adoption:
RESOLUTION ORDERING UTILITIES RELOCATION IHPROVIZMENT
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. It is hereby found and determined that a petition has been filed requesting
the Council to construct a utilities relocation improvement in accordance with the
Developers' Agreement for the Centennial Lakes Project.
2. The making of said improvement in accordance with said petition is hereby
ordered pursuant to Minnesota Statutes, Section 429.031<3), (Session Iavs of 1961,
Chapter 525, Section 2).
referred to in all subsequent proceedings as UTILITIES RELOCATION IMPROVEMENT.
The entire cost of said improvement is hereby ordered to be assessed against the
Centennial Lakes Project.
RESOLUTION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota that it hereby
authorizes and directs the Mayor and/or Manager to execute agreements on behalf of
the City with Northern States Power Company, U.S. West Communications and
Minnegasco to relocate utilities as needed for the Centennial Iakes Project.
Motion for adoption of the resolutions was seconded by Member Rice.
Said improvement is hereby designated and shall be
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Resolution adopted.
5/15/89
223
REPORT GIVEN ON DEW/LYME DISEASE
May 11, 1989 prepared by David Velde on Lyme Disease which noted that at this time
Lyme disease has not been diagnosed in Edina as a result of deer tick exposures in
the City: According to Craig Hedberg, Epidemiologist with the Minnesota
Department of Health, there is no evidence indicating that deer tick are present
in the community.
with Lyme disease (mice and deer) has not found the causative agent, a bacteria,
in the population.
no compelling reason to exercise deer population control measures.
Assistant Manager Hughes advised that as a follow-up to a call from Jean Lowe,
6301 Loch Moor Drive, concerning deer problems in her neighborhood, he had spoken
with Larry Gillette of the Hennepin County Park Reserve District and Jon Parker of
the DNR concerning the deer issue. Mr. Gillette advised that the 1989 aerial
survey indicated a 20% increase in deer population for the Anderson Lake/Highland
Park area, which is the source of deer within the southwestern part of Edina.
They confirmed that control measures were not planned within this area during
1989.
Manager Rosland referred to a memorandum dated
In addition, research performed on typical carriers associated
Without identifying the causative agent in the deer, there is
.-
Mr. Parker did mention that a task force had been established for the purpose of
reviewing the Minnesota River Valley area for deer control measures and that their
study will likely expand to include Highland Park.
Arden Aanestad of 5501 Hunter Street, Edina, is serving and the DNR suggested that
perhaps the Council would want to give him official sanction as Edina‘s
representative s”0 that he could keep us apprised of the activities of the task
force.
his views on the deer population but had not been able to reach him.
One member of the task force,
Assistant Manager Hughes said he had tried to contact Mr. Aanestad to get
Mayor Richards recommended that the best way for the Council to keep posted on the
deer issue would be for the DNR to correspond directly with the City Manager who
would bring that information to the attention of the Council.
hesitated to have the City represented by someone whose views the Council does not
know. Manager Rosland offered to have staff work on recommending a citizen to the
Council who could serve on the task force as the City’s representative.
suggestion was informally approved by the Council Members.
He said he
The
INTERGO-AL ACTIVITIES REPORTED Member Paulus advised that at the last
1-494 Study it was pointed out that there is a slide presentation which would help
to understand alternatives to alleviate the traffic congestion on 1-494. She
suggested that the Council view the presentation so as to be informed because of
the amount of money that is proposed for the upgrading of the corridor. Mayor
Richards suggested that it be scheduled for the June 17 Council study session.
Member Rice reported that he had attended the Chemical Health Workshop on May 6
sponsored by the Chemical Health Advisory Committee to promote greater awareness
of chemical health and drug abuse problems by the private sector, City, School and
the churches. He said that it was very worthwhile and complimented Susan Wohlrabe
(Administration) and Don Enger (Police Department) for their participation.
Mayor Richards reminded the Council of the,following upcoming meetings:
AMM Annual Meeting and June 6-9 MC Annual Conference.
May 31 -
Assistant Manager Hughes reported on the status of the Edina transit legislation.
The tax committee amended the bill to limit the service districts to one by
ourselves and one in connection with another city (e.g. 50th/France).
recommended to pass out of the tax committee to the Senate floor and is assumed to
go to the conference committee to get it worked out.
pass on the consent agenda in the House.
It was
The bill is recommended to
5/15/89 224
STOREPROLJT/YOUTH ACTION REPORT OUESTIONED
Youth Counseling Program Report as to the number of Edina youths that are
referring themselves in comparison with statistics for other cities where the
majority are referred by the school and also that the primary reason for referral
was peer socialization issues. Member Kelly said that she too has been concerned
about the figures and felt there is a problem that is not being addressed. Mayor
Richards suggested that someone from Storefrontflouth Action come and educate the
Council Members and explain those statistics.
Member Rice raised questions about the
U-HBUL OPERATION ON VAKGEY VlXW ROAD QUESTIONED Member Rice asked if the U-Haul
rental operation on Valley View Road at the gas station complies with the City's
ordinances and asked that staff check into this because there seems to be trucks
parked all over.
SKATEBOARDING ON RESIDENTIBL STREETS DISCUSSED
concern over skateboarding on residential streets and asked if there currently is
an ordinance that would regulate that activity.
current pedestrian laws with which to enforce such activity but that the Police
Department does not aggressively enforce that activity.
that this subject be placed on a future agenda for discussion by the Council.
Member Paulus expressed her
Chief Swanson said that we have
Mayor Richards suggested
*CLAIMS PAID Motion was made by Member Smith and was seconded by Member Rice for
payment of the following claims dated 5/15/89:
Center $3,772.08, Capital Fund $8,207.94, Golf Course Fund $36,758.89, Recreation
Center Fund $5,585.35, Gun Range Fund $275.43, Edinborough Park $10,417.99,
Utility Fund $17,780.62, Storm Sewer Utility $938.54, Liquor Dispensary Fund
$88,251.22, Construction Fund $374,407.58, Total $612,476.71.
General Fund $66,081.07, Art
Motion carried on rollcall vote, five ayes. I There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 10:14 p.m. -.
City Clerk