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HomeMy WebLinkAbout19931220_regular110 MINUTES OF THE REGULAR MEETING OF THE EDINB CITY COUNCIL HELD AT CITP HBI;L DECEMBER 20, 1993 ROLLCAKL Answering rollcall were Members Kelly, Paulus, Rice, Smith, and Mayor - Richards. CONSENT AGENDA ITEMS APPROVED Member Smith to approve and adopt the Council Consent Agenda items as presented, with the exception of removal of Item VI1.B. - Approval of Traffic Safety Staff Report. Motion was made by Member Kelly and was seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF REGULAR COUNCIL MEETING OF DECEMBER 6. 1993. AND SPECIAL COUI?CIL WEETING OF DECEMBER 8. 1993 APPROVED seconded by Member Smith to approve the minutes of the regular Council Meeting of December 6, 1993, and of the Special Council Heeting of December 8, 1993. Motion was made by Member Kelly and was Motion carried on rollcall vote - five ayes. *APPEAL OF ZONING BOARD OF APPEALS DECISION CONTINUED TO JANUARY 3. 1994 - VARIANCE FOR PROPERTY AT 6508 STAUDW CIRCLE seconded by Member Smith to continue the public hearing on the appeal of the Zoning Board of Appeals decision to January 3, 1994, for variance at 6508 Stauder Circle. Hotion was made by Member Kelly and was Motion carried on rollcall vote - five ayes. I STREET RIGHT OF WAY EASKMENT VACATION G-D COND1TIONAIL.Y FOR MT 1. BLOCK 1, DAWS FIRST ADDITION (413 ARTHUR STREET) Affidavits of Notice were presented, approved and ordered placed on file. Presentation by Engineer Engineer Hoffman stated that the property owner at 413 Arthur Street (Lot 1, Block 1, Davies First Addition) has petitioned the Council to vacate the street right of way for an old cul-de-sac abutting the subject property. cul-de-sac was constructed when Arthur Street was extended for the plat of Mendelssohn 2nd Addition in August, 1984. The utility companies have reviewed the request and do not object to the vacation as proposed. Staff would recommend that the easement vacation for street right of way be granted. He explained that a new Mayor Richards called for public comment on the proposed easement vacation. comment or objection was heard. No Member Rice moved adoption of the following resolution: RESOLUTION VACATING STReET RIGHT OF WAY EBSEMENT WHEREAS. a resolution of the City Council, adopted the 15th day of November, 1993, fixed a date for a public hearing on a proposed vacation of portion of Arthur Street right of way easement; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 20th day of December, 1993, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WEREAS, the Council has considered the extent to vhich the vacation affects existing easements within the area of the vacation and the extent to vhich the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, cable television or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed 12/20/93 111 vacation, to continue maintaining the same, or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Edina, Hemepin County, Minnesota, that the following described portion of Brthur Street be and is hereby vacated effective as of December 20, 1993: That part of Arthur Street, as dedicated on the plat of DAVIES FIRST ADDITION, according to the plat thereof and situate in Hennepin County, Minnesota, lying northerly of the westerly extension of the south line of Lot 1, Block 1, said DAVIES FIRST ADDITION and easterly of the following described line: Commencing at the northwest corner of said Lot I; thence South, assumed bearing along the east line of said Arthur Street, a distance of 3.86 feet; which is the point of beginning of the line to be described; thence continuing South a distance of 106.13 feet to the intersection with the westerly extension of the south line of said Lot 1 and said line there terminating. The Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Member Kelly. I Ro 1 lc a1 1 : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. DRAFT ORDINANCE NO. 1993-12 REFERRED TO PARK BOARD FOR REVIEW Mayor Richards told Council that a draft ordinance has been written, as directed by Council, that would name the roadway from Braemar Boulevard to Braemar Clubhouse "John Harris Drive". The intent was to recognize the accomplishments of Edina resident, John Harris, in winning the Walker Cup and the U.S. Amateur Golf Tournament. He noted that written comments had been received from John Kressel, 6017 Code Avenue and Richard Abrams, 6600 France Avenue South, raising the question that some other recognition may be more appropriate and less confusing to people trying to locate Braemar Clubhouse. Mayor Richards called for public comment on Ordinance No. 1993-12 as drafted. No comment or objection was heard. in recognition and suggested that this matter be referred to the Park Board for comment and recommendation. Member Rice said he would support doing something Member Rice made a motion to refer the matter of the proposed roadway naming to the Park Board for comment and for recommendation as to possible alternative. was seconded by Member Kelly. Motion Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. ORDINANCE NO. 1993-13 TO INCREASE CERTAIN FEES AND TO ADD CERTAIN FEES ADOPTED; SECOND READING WAmD Manager Rosland recalled that on December 8, 1993, the Council approved the fees and charges for 1994 as presented. Since then, the Metropolitan Waste Control Commission has advised that the SAC charge will be raised to $800 for 1994. for 1994. The proposed ordinance would reflect the increased fee to $800 No comment or objection was heard. Member Smith moved adoption of Ordinance No. 1993-13 with waiver of Second Reading as follows: ORDINANCE NO. 1993-13 AN ORDINANCE AMENDING EDINA CODE SECTION 185 SCBEDULE A TO INCREASE CERTAIN FEES AND TO ADD CERTAIN FEES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: The following described fees of Schedule A to Code Section 185 are amended to read as follows: - SEC. SUBSEC. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. 410 410.02, Building permit: Section 1. 112 12/20/93 Subd. 1 Total valuation of work: $1.00 to $500.00 *$20.00 30 $501.00 to $2,000.00 *$20.00 for first $500.00 plus 31 I $2.50 for each additional $100.00 or fraction thereof to and including $2,000.00 plus $9.50 for each additional $1,000.00 or fraction thereof to and including $25,000.00 plus $7.00 for each additional $1,000.00 or fraction thereof to and including $50,000.00 plus $5.00 for each additional $1,000.00 or fraction thereof to and including $100,000.00 $100,000.00 plus $4.00 for each additional $1,000.00 or fraction thereof to and including $500,000.00 $500,000.00 plus $3.00 for each . additional $1,000.00 or fraction thereof to and including $1,000,000.00 *$3801.00 for the first $1,000,000.00 plus $2.00 for each additional $1,000.00 or fraction thereof $2,001.00 to $25,000.00 *$57.50 for first $2,000.00 32 $25,001.00 to $50,000.00 *$276.00 for first $25,000.00 33 $50,001.00 to $100,000.00 *$451.00 for first $50,000.00 34 $100,001.00 to $500,000.00 *$701.00 for the first 35 $500,001.00 to $1,000,000.00 *$2301.00 for the first 36 $1,000,001.00 and up dcplus surcharge pursuant to M.S. 168.70 I 37 435 435.07 Gas piping permit Minimum Fee: Residential - *$21.00 60 Commercial - *$26.00 61 Fee Calculations: $ 0-$1,000 *$15.00 plus 3.00% > $ 500.00 62 $ 1,001-$5,000 *$30.00 plus 2.50% > $ 1,000.00 63 $ 5,001-$10,000 *$130.00 plus 2.10% > $ 5,000.00 64 $10,001-$25,000 *$235.00 plus 1.80% > $10,000.00 65 $25,001-$50,000 *$505.00 plus 1.60% > $25,000.00 66 $50,001 & over *$905.00 plus 1.25% > $50,000.00 67 -1us surcharge pursuant to M.S. 16B.70 435 435.07 Oil burner, stoker, Minimum Fee: 68 steam or hot water Single Family - *$21.00 69 warm air heating and dcplus surcharge pursuant to M.S. 16B.70 air conditioning or refrigeration permit All fees for above permits based on contract price as follows: heating, mechanical Commercial - *$26.00 I $ 0-1,000.00 *$ 15.00 + 3.00% of anything over $ 500.00 70 1,001.00- 5,000.00 *$ 30.00 + 2.50% of anything over 1,000.00 71 5,001.00-10,000.00 *$130.00 + 2.10% of anything over 5,000.00 72 10,001.00-25,000.00 *$235.00 + 1.80% of anything over 10,000.00 73 25,001.00-50,000.00 *$505.00 + 1.60% of anything over 25,000.00 74 50,001.00 and over 75 *$905.00 + 1.25% of anything over 50,000.00 12/20/93 113 drplus surcharge pursuant to M.S. 16B.70 440 440.04 Plumbing or water Fees same as for gas piping permit conditioning permit 75a 450 450.05 Swimming pool Same as amount of the fee for a building 80 construction permit 450 450.27, Public or semi- $295.00 per annum for each pool enclosed 81 license $155.00 per annum for each outdoor pool 82 Subd. 4 public swimming part or all of the year 450 450.27, Public or semi- $75.00 per annum for each bath or pool 83 Subd. 4 public whirlpool bath or therapeutic swimming pool 1 icens e 605 605.07 Permits required Minimum fee: $35.00 95 by UFC Special hazard Class I: General hazard and fire $35.00 96 permit : safety inspections requiring a special hazard permit Class 111: Special hazard $125.00 98 inspection primarily directed at, but not limited to, buildings or occupancies 3000 sq ft or larger where any of the following are present: A. Multiple hazards B. Storage handling, and/or processes involving dangerous or toxic materials, substances and/or processes C. Occupancies in which evaluation or high valuation presents unique circumstances 625 625.04 Sprinkler permit Number of heads 1- 5 6 - 10 11 - 20 21 - 30 31 - 40 41 - 50 51 - 60 61 - 70 71 - 80 81 - 90 91 - 100 101 - 110 111 - 120 121 - 130 131 - 140 141 - 150 151 - 160 161 - 170 fees : *$ 40.00 (minimum fee) *$ 65.00 *$ 90.00 *$no. 00 *$130.00 *$150.00 *$165.00 *$180.00 *$195.00 *$210.00 *$220.00 *$230.00 *$240.00 *$249.00 *$258.00 *$267.00 *$275.00 *$283.00 110 12/20/93 114 171 - 180 181 - 190 191 - 200 201 plus *$291.00 *$298.00 *$305.00 *$305.00 for first 200 plus $6.00 for 9lus surcharge pursuant to M.S. 168.70 each additional head 625 625 635 720 735 118 625.03 625.03 635.02 720.04, Subd. 3 735.03 Fire pump installation and associated hardware $80.00 119 120 Standpipe installation Each additional standpipe $80.00 $ 8.00 Fire alarm system permit Same as the amount of fee for a building permit 121 125 False fire alarm $225.00 for the third and each subsequent response within one calendar year 135 Food establishment license $410.00 per annum, $360.00 if certified pursuant to Subsection 720.04, Subd. 3C of this Code, plus $110.00 per annum for each additional facility $125.00 per annum 136 Day care, limited food establishment license Take-out food facility license 137 I $275.00 per annum, $225.00 if certified pursuant to Subsection 720.04, Subd. 3C of this Code $130.00 per annum Packaged food sales license Food warehouse license Catering food establishment license 138 13 9 140 $70.00 per annum $410.00 per annum, $360.00 if certified pursuant to Subsection 720.04, Subd. 3C of this Code, plus $110.00 per annum for each additional facility $70.00 per event Itinerant food establishment license Retail candy shop license Potentially hazardous food vehicle license Fleet of 5 or more potentially hazardous food vehicles license Catering food vehicle 1 icens e Food vehicle license Fleet of 5 or more food vehicles license 141 $50.00 per annum, plus $5.00 per annum for each additional facility $80.00 per annum 142 143 $400.00 per annum 144 $150.00 per annum, plus $25.00 per annum for each additional vehicle $ 80.00 per annum $400.00 per annum 145 146 147 Hotels - $200.00 for 1-50 rooms and $1.00 per each room over 50 Lodging and boarding houses - $60.00 155 Hotel, lodging or boarding house license 15 6 12/20/93 per location 815 830 830 900 900 900 900 900 1100 1100 1100 815.03 830.05, Subd. 1 830.05, Subd. 1 900.06, Subd. 1 900.04, Subd. 2 900.16, Subd. 3 900.16, Subd. 1 900.17 , Subd. 6A Permit fee for antennas, dish antennas and towers Permit fee for tree removal or grading Permit fee for open pit or excavation of 100 cubic feet or more Non-intoxicating malt liquor license: On-sale Off-sale Temporary on-sale non-intoxicating malt liquor license Same as amount of the fee for a building permit Same as amount of the fee for a building permit Same as amount of the fee for a building permit $210.00 per annum (renewal) $270.00 per annum (new) $210.00 per annum (renewal) $270.00 per annum (new) $40.00 On-sale wine license (per year): Restaurants with 50 or fewer seats - $690.00 51 - 100 seats, inclusive - $750.00 101 - 150 seats, inclusive - $810.00 Over 150 seats - $865.00 Manager's license $60.00 per year 1100.03, Sewer service charge: Subd. 2 Single family dwellings, town houses, two-family dwellings, apartment buildings containing four or less dwelling units : To and including 1600 cubic feet From 1601 cubic feet and over Apartment buildings with more than four dwelling units 115 165 175 176 207 208 209 211 212 213, 214 215 216 Based upon water usage during winter quarter (Three month period falling between November 1 and March 1) $24.32 quarter 235 $1.52 per 100 cubic feet 236 $117.00 plus $21.75 for each unit over 237 four, or $1.52 per 100 cubic feet of water during the quarter, whichever is greater 1100.03, Sewer service charge: $30.00 per water meter or approved Subd. 2 Commercial and sewage metering device on premises, or $1.52 per 100 cubic feet of water used industrial buildings, including schools during the quarter, whichever is and churches greater 238 1100.03, Water service: Subd. 2 1. $0.53 per 100 cubic feet for all 242 areas of City, except areas described below in 2. Minimum charge of $8.48 per quarter 243 116 12/20/93 will be made where water consumption amounts to less than 1600 cubic feet 2. $1.30 per 100 cubic feet for 244 Morningside area and for east side of Beard Av. from West 54th St. to Fuller St. and both sides of Abbott P1. from West 54th St. to Beard Av. Minimum charge of $15.60 per quarter will be made where water consumption amounts to less than 1600 cubic feet for areas described in 2. above. 245 1105 1105.01, Service Availability $800.00 per SAC unit x number of SAC 250 Subd. 1 Charge (SAC) units computed pursuant to Subsection 1105.01, Subd. 1 of this Code 1300 1300.02, Refuse or recycling $120.00 per annum for first vehicle, 270 Subd. 1 hauler license $50.00 for each additional vehicle Section 2. following fees thereto: Schedule A to Section 185 is hereby amended by adding the - SEC. SUBSEC. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. 420 420.02 Monitoring well permit $50.00 per well 50a 720 720.04, Pushcart license $120.00 per annum 147a 1345 1345.05, License for sexually- $200.00 per annum Subd. 1 oriented businesses 1345 1345.05, Investigation fee at $1,500.00 Subd. 2 time of original application for license 289 I 28 9a Section 3. Following publication, the effective date of this Ordinance shall be January 1, 1994. ATTEST : %&%a City Clerk Motion for adoption of the ordinance was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Ordinance adopted. PUBLIC HEARIEJG CONDUCTED. DEW POPULATION HANAGEMEXl! PIAN ADOPTED: FIRST READING Presentation bv Assistant Manager - Assistant Manager Hughes recalled that the Council considered the draft Deer Population Management Plan at its meeting of December 6, 1993, and set a public hearing date of December 20, 1993. and was also mailed to individuals who provided names/addresses in responding to last summer's deer survey. Also, Ordinance No. 1993-14 To Prohibit Intentional Feeding of Deer has been prepared for Council's consideration. In response to the hearing notice, 11 letters have been received and provided to the Council. GRANTED ORDINANCE NO. 2993-24 TO PROHIBIT I"TI0NAL FEEDING OF DEER Notice was published in the Edina Sun-Current 12/20/93 117 By way of background, the Council has discussed the concept of deer population control on several occasions during the past five years. On September 20, 1993, the Council received results of a survey concerning Edina’s deer population that was included in the Spring issue of About Town. returned. Of those responding, 52% reported deer overpopulation in their area; with 70% in the southwest quadrant reporting overpopulation. believed that deer were a community asset and 36% believed that deer were only a liability. individual animals, with 53% supporting such control. supported use of taxes for deer management. Survey results indicated 294 surveys 59% of the responders 33% opposed deer population control which would result in death of 59% of the responders The Deer Population Management Plan was summarized as follows: Problem Identification: Public Health/Lyme Disease - rarely contracted within metropolitan area; Department of Health confirms the risk as less than one per 100,000 population annually. Although Lyme disease must be continually studied, the control of Edina’s deer population as a Lyme disease preventative is not warranted. Plant/Landscape Damage - Most common deer complaint; video is available to individuals who want to try different techniques to discourage predation, i.e. fencing and repellents. Traffic Safety/Personal Safety - Vehicular/deer collisions are an on-going concern and the risk of such collisions increases as deer populations and traffic volumes increase. Highway 100. injury ratio of 1: 2. Area of greatest concern is Highway 169 and the Crosstown Highway west of Range of 20-30 collisions in Edina on an annual basis; with a personal Population Growth/Carrying Capacity - Based on aerial surveys, the 1993 deer population in Edina prior to birth of fawns was somewhat over 100 animals. The DNR has forecast a current deer population of approximately 130-140. Habitat, although difficult to define, has been identified mainly as the park areas west of Highway 100, i.e. Braemar Park, Van Bredesen Park, Van Valkenburg Park, Todd Park, and Nine Mile Creek, comprising two square miles. Based upon a recommended density of 15-25 deer per square mile as used in other metropolitan areas, this habitat is capable of supporting 40-50 deer. habitat, the DNR estimates that 60-80 deer may have to be removed each year for two to three years. To restore a better balance between deer population and Population Reductions Alternatives - Reduction can be accomplished in a variety of ways : - Regulated Hunting - Not feasible given the level of development in Edina. - Reintroduction of Predators (timber wolves/mountain lions) - Not possible. - Trapping/Transferring to Other Locations - Studies show high mortality rates for translocated animals. the new locations. deer populations. limit for Edina’s habitat, the deer will be prone to disease or starvation. Also, more deer/vehicular collisions can be expected. by law enforcement officers. Bloomington. for distribution to food shelves and other charitable organizations. be an effective method of population control in areas where hunting is not feasible. within parts of Braemar Park over baited locations. Trap and Kill - Method used in North Oaks where 171 deer were captured using May also simply contribute to an overpopulation in - Birth Control - No birth controls methods currently available for free roaming - Allow Nature to Take Its Course - As the deer population reaches the upper - Sharpshooting - Used within the City of Bloomington since 1991 and conducted During 1992-93 this method killed 319 deer in Cost may exceed $100/deer, with carcasses turned over to the DNR Found to Safety is a primary consideration; this method may be feasible - 12/20/93 918 this technique and then were destroyed. Method best suited for areas like Edina. Cost per deer was $131 per deer. Conclusions: - Edina's deer population is part of a larger herd which populates principally Bloomington and Eden Prairie. Approximately two square miles of habitat in Edina capable of supporting 30-50 deer. animals must be removed annually over a three year period taking into account natural reproduction and mortality. Only feasible methods of population control would involve the death of individuals animals. Population could be reduced through sharpshooting in Braemar Park and by trap and kill in other locations. - - Current population is over 100 deer; to reach a population of 40-50 deer, 60 - - Recommendations: - - - - - - - Three year population reduction program - population objective of 40-50 deer. Removal of 60 plus deer each winter. Initial goal - 50 deer removed winter 1993-94 by sharpshooting and trap/kill. Deer feeding prohibition by ordinance. Improved reporting of deer/vehicular collisions to better evaluate impact. Improved method of recording deer complaints. Continuation of aerial surveys to monitor success of program. Mayor Richards then called for public comment on the deer population management plan as proposed. I Public Comment Linda Masica, 6817 Valley Road, said she felt the deer population has declined and that she was opposed to destroying these animals as she felt it was privilege to live in an area that has this kind of valuable resource. Grace Andrews, 5909 Hansen Road, told Council that they have lived at this address for 53 years. This year the deer ate up 45 hybrid tea roses and nearly everything in their garden. deterrent which involves a lot of labor. looked fine and she would support killing all the deer. - She said they have tried fences and have bought expensive She said the proposed deer control program Betty Herman, 6720 Samuel Road, said the deer report information is invalid because the survey asked that if one had negative feelings about the deer they should respond to the survey. its decision based on other data. She encouraged the Council to look at the process and make Bill Wright, 6621 Sally Lane, complained that this last summer there were 7-8 deer in their yard at one time and they are a very destructive force. concern for his grandchildren when they play in the yard because of the fecal droppings. He said he had He strongly urged the Council to begin the control program at once. Walter Hartman, 23 Circle West, said they have lived there for 26 years and over the last 10 years they have been inundated with deer. things that have been recommended to keep the deer away, nothing works. with DNR staff, they said the only way is to put up a 10 foot woven wire fence. Mr, Hartman said he had nearly enclosed his one acre yard with barbless wire. is most perturbing is not the expense, time and labor to put in plantings, but the time it takes to get a replacement plant back to the same state of maturity. said he would like to see all the deer removed. Even though they have tried many In talking What He Harry Murphy, 6508 Indian Hills Road, commented that he has deer, squirrel and 121 20193 119 rabbits in his yard, all of which harm plants. program that would result in killing the deer and that further studies should be made about relocating them. He said he was opposed to a control Theodore Hanson, 5133 Meadow Ridge, said he concurred with Mr. Murphy's comments and felt it was barbaric to kill these animals and suggested they be transported up North to some reservation. Thomas Iberg, 6200 Hansen Road, observed that, although nice to see, there are too many deer. is a rutting area. The bucks tear up all his trees and are very messy. They come through his yard twice a day and during the fall his backyard Curt Peterson, 7122 Tupa Drive, said that over the last 2-3 years there has been a tremendous increase in the number of deer in their yard. Last year the deer ate up annuals they had planted worth $300.00. disease. If the deer are allowed to increase unchecked now, the problem will still have to be addressed sometime in the future. Also, his wife was checked for Lyme Patricia Krahl, 7001 McCauley Trail, commented that her family thinks the deer are very lovely and that they do feed them. The deer sleep where their garden used to be. She said her family does not want to see any of the deer go. William Basill, 5045 Windsor Avenue, submitted that this is a sensitive issue and, while he would not like to see any deer destroyed, there is problem. He suggested that, as an alternative to sharpshooting, a better method for reducing the deer population would be to permit bow and arrow hunting in the Braemar area which is loaded with deer sign. He added that the City of Minnetonka has done this very successfully to control their deer herd. Richard Burman, 6917 Valley View Road, commented that although he enjoyed seeing the deer, it is imperative that their population be reduced rapidly. Because the deer are eating plants which they normally would not touch, it indicates that they are starving in the middle of summer. population at its present level. The most brutal thing we can do is to leave this Phyllis Johnson, 6301 Ayrshire Boulevard, said that although the deer ate their apples and were destructive to their trees, they still enjoy seeing them. population must be controlled the deer should be relocated. If the Jean Lowe, 6301 Loch Moor Drive, said they live next to Braemar Park and that the deer population has grown rapidly. Five years ago they gave up on gardening; now the deer eat their shrubs and trees and are very destructive. Golf Course, more natural deer habitat has been removed. Further, she was concerned about the safety of her grandchildren and herself when mowing the lawn because of Lyme disease. A case of Lyme disease has been documented where a resident in the Indian Hills area where contracted Lyme disease from gardening in the backyard. Lowe said they have experienced three near-collisions with deer this year at Valley View/Gleason. metropolitan area and it is just a matter of time before someone is seriously hurt. She said it is time to address the problem seriously. By expanding Braemar Ms. The insurance industry has documented over 3,000 deer hits in the Egons Podnieks, 5626 Interlachen Circle, questioned whether thinning out the deer population would only shift the concentration to other areas. Also, that this would not insure that deer would not come back to those properties that have had problems. Gerald Brimacombe, 7112 Mark Terrace, complained that the deer have destroyed their apple trees and shrubs. was very aware of wildlife problems in the United States. He said we are unfair to the deer themselves by letting them propagate. As a wilderness writer, he said he loved all wildlife and He said he has seen any number of 12/20 f 93 120 deer that are injured, i.e. broken or missing legs and hips. It will hurt the species because there is no natural predation except for the automobile. suggested that there is a humane way of handling the problem. He -. Jon Hawks, 7712 Tanglewood Court, said that although he enjoys watching the deer they have increased in numbers and have destroyed his shrubs. killing all the deer but agreed that there needs to be some control. the program be implemented slowly so that the impact can be monitored. He objected to He urged that Ann Harrod, 5712 Parkwood Lane, told Council that the Nine Mile Creek area is a thoroughfare for deer. collision because of the increase in the deer herd. She said she was concerned that she would have a deer-car Dr. Paul Carson, 6001 Pine Grove Road, asked if sharpshooting the male deer would be a solution as they are the most destructive to the trees. He said he has lost a lot of trees and his concern is for the time lost in growing those trees. that their numbers should be reduced. He agreed John Beauchamp, 5901 Zenith Avenue, told Council that his father-in-law who lives at 6004 Tamarack Lane has a population of at least 10 deer that frequent his yard. said the report has grossly underestimated the deer population and the problem is large from the statements that have been made. and knows about deer management. The deer must be reduced in number because the deer are adapting to the effects of overpopulation and that sharpshooting is the only option. statistics should have been included in the report. He Mr. Beauchamp said he is a biologist Further, he said more data concerning accident statistics and DNR Jim Reynolds, 6225 Loch Moor Drive, commented that although he enjoys the deer and respects those who share that pleasure, they have become tremendously overpopulated. He noted that they cannot keep flowers, shrubs or trees growing and that those who enjoy gardens should also have that right. Lyme disease in Edina, the biological effects of the deer overpopulation should be respected. I While there have been few reports of Diane Safley, 6715 Parkwood Lane, said she was concerned about the deer/car safety problem as she hit a deer on Vernon Avenue and had almost collided with a deer on 1-494 and also on Lincoln Drive. Although watching the deer is a pleasure, they are destructive and she urged that the herd be thinned out. Council Comment/Action Mayor Richards observed that there are a multitude of facets to this issue and that comments have been made on both sides. He said the Council has looked at this for a considerable period of time and has garnered the best information available to date contrary to comments suggesting that more data is needed. discussion and comment by the Council Members on the recommended deer control plan. He then asked for asked Member Smith stated that the comments from concerned residents provide more credibility than the results of the deer survey conducted this past summer. reports of property damage indicate that there are probably more deer than are mentioned in the report. He said he felt a role of government was to help the citizens who are trying to protect their individual property rights and have asked for help with this problem. beneficial to both the residents and the deer. Member Smith said he would support going forward with the control program but said he had some concern about sharpshooting. arrow hunting program. The Further, that deer population control would be He asked for information on the success of Minnetonka's bow and Member Kelly commented that the City has a duty to protect the health, safety and welfare of its citizens and concurred that the deer population should be reduced. 12/28/93 121 Member Rice said he would support the program because it is clear that the deer population needs to be thinned. consider the additional alternatives that have been mentioned. Further, that Edina should do this in concert with the cities of Bloomington, Eden Prairie and Minnetonka. gardens and landscaping to the deer, he felt the most important concern is that of public safety. lessened by reducing the deer population. He suggested that staff be given the latitude to Lastlyi while he sympathized with those residents who are losing Common sense says that tragedies will happen unless the risk is Member Paulus observed that in the past Hennepin County Parks and the DNR have put more effort in managing the deer population in the Fort Snelling/Minnesota River valley area. These agencies have now shown more interest because the deer counts are becoming larger in Edina and the surrounding communities. program be a financial investment for the City of Edina which should not be taken lightly. that some have been seen in the Concord playground and apparently are moving east of Highway 100. Although not an easy choice, Member Paulus said she would support deer control because it would be more humane then letting the deer overpopulate. If approved, the She cited numerous phone calls received about the deer problem and noted Mayor Richards said this is an urban environment for people and when there is a conflict between people and animals it is better to err on the people side. he would support the program as proposed. He said Member Kelly then moved adoption of the folloving resolution and First Reading of Ordhance No. 1993-14 as follows: RESOLUTION APPROVING AND ADOPTING A DEER POPULATION MANAGEMENT PLAN VBEREAS, a proposed Deer Population Management Plan (the Plan) has been presented to and reviewed by the City Council of Ed-, Minnesota; WHEREAS, the proposed Plan would consist of a three year program with an objective of reducing Edina's deer population to 40 - 50 animals; WEEREAS, staff would proceed to develop specific sharpshooting and/or trapping strategies for implementation; BE IT RESOLVED that the Edina City Council hereby approves and adopts the Deer Population Management Plan as presented; BE IT FURTHER RESOLVED that staff is hereby directed to develop specific strategies for implementation. ADOPTED this 20th day of December, 1993. ORDINANCE NO. 1993-14 AN ORDINANCE AMENDING SECTION 1000 OF THE CITY CODE TO PROHIBIT THE INTENTIONAL FEEDING OF DEER THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: 1000.12 as follovs: Section 1. "1000.12 Intentional Feeding of Deer. Subd. 1. Feeding Prohibited. No person shall feed deer vithin the City. For purposes of this subdivision, feeding shall mean the provision of one half cubic foot or more of grain, fruit, vegetables, nuts, hay or other edible material either on the ground or at a height of less than five feet above the ground, in a manner that attracts deer. other live vegetation shall not be considered as deer feeding. Subd. 2 Exception. The provisions of Subd. 1 of this subsection shall not apply to the employees or agents of the City, the County, the State, the Federal government or veterinarians who in the course of their official duties have deer in their custody or under their management." Section 2. and publication. Motion was seconded by Member Smith. The City Code is hereby amended to provide a new subsection Living food sources such as trees and This ordinance shall be in full force and effect upon its passage 12/20/93 122 Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted; First Reading granted. . *BID AWARDED FOR ONE TON POUR WHEEL DRIVE PICKUP and vas seconded by Member Smith for avard of bid for a Fire Department one ton, four-wheel drive pickup to recommended low bidder, Thane Havkins Chevrolet, at $17,937.00. Motion vas made by Member Kelly Motion carried on rollcall vote - five ayes. *BID AWARDED FOR BRAEXAR GOLF COURSE DRIVING RANGE AND GOT2 DOHE RANGE RAIS Motion was made by Member Kelly and vas seconded by Member Smith for award of bid for Braemar Golf Course driving range and golf dome range balls to recommended lov bidder, Spalding Professional Golf, at $25,150.00. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR 1994 GOLF COURSE FERTILIZER Motion was made by Member Kelly and vas seconded by Member Smith for award of bid for golf course fertilizer to recommended low bidder, Precision Turf and Chemical, Inc., at $11,482.83. Motion carried on rollcall vote - five ayes. *BID AWARDED FOR ENGINEERING DEPARTMENT COWPUTW EQUIPMENT Motion was made by Member Kelly and was seconded by Member Smith for award of bid for computer equipment for the Engineering Department to Ameridata through State Contract H-2635, at $6,494.49. Motion carried on rollcall vote - five ayes. *1994 PUBLIC HEALTE NURSING SERVICE CONTRACT APPROVED Motion was made by Member Kelly and was seconded by Member Smith to approve the 1994 Public Health Nursing Service Contract with Bloomington Division of Public Health in the amount of $137,010.00. I Motion carried on rollcall vote - five ayes. TRAFFIC SAFETY STAFF REPORT DATED 12/08/93 APPROVED advised that staff had requested the removal from the Consent Agenda of the Traffic Safety Staff Report dated 12/08/93 for discussion on Section A (1) relating to parking regulations at 4628 Browndale Avenue. 1993, the applicant for the signs has withdrawn the request. Apparently the problem has been worked out with the neighbors involved. (1) of Section A be deleted from the report and not adopted. Assistant Manager Hughes Since the meeting on December 8, Staff would recommend that Item Motion was made by Member Kelly and was seconded by Member Rice to approve the following actions as recommended in Section A of the Raffic Safety Staff Report of December 8, 1993: 2) 3) 4) 5) 6) 7) Remove Dead End sign on Parklawn Avenue at Yorlc Avenue and install a directional arrow at Parklawn Avenue at Edinborough Way; Remove the lane reduction sign and replace it with a "Lane Narrows" sign in the 4900 block of West 77th Street; Provide speed survey results to the Police Department and include Olinger Boulevard as an enforcement area; Install painted "STOP" line on Vernon Avenue at Gleason Road; Paint a yellow centerline at the turn of Maple Road at West 48th Street; Post "NO PARKING ANYTIME" signs on the East Frontage Road (Normandale Road) betveen West 66th Street and West 70th Street; and to acknowledge Sections B and C of the report as presented. Ayes: Kelly, Paulus, Rice, Richards Motion carried. (Member Smith was temporarily absent when the vote was called.) 12/23/93 .. 123 *FEASIBILITP REPORT PRES-D FOR 0R"TAL LIGHTING IMPROVEMENT L-37 (VIRGINIA AVENUE/VIRGINIA LANE): HEARING DATE SET FOR JANUARY 18. 1994 Motion was made by Member Kelly and was seconded by Member Smith for adoption of the following resolution: RESOLUTION PROVIDING FOR PUBLIC HEARING ON ORNAMENTAL STREET LIGHTING IMPROVEBENT NO. L-37 1. the feasibility of the proposed Ornamental Street Lighting Improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Tuesday, January 18, 1994, at 7:OO P.M. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The City Engineer, having submitted to the Council a preliminary report as to (Official Publication) CITP OF EDINA 4801 U. 50TH STReET EDDIA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. L-37 (VIRGINIA AVENUE & VIRGINIA LANE1 The Edina City Council will meet at the .Edina City Hall, on Tuesday, January 18, 1994, at 7:OO P.M., to consider the folloving proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvement is estimated by Hemepin County and the City as set forth below: INTERSECTION OF VIRGINIA AVENUE AND VIRGINIA IANE ORNAMENTAL STREET LIGHTING ESTIlWTED COST IMPROVEMENT NO. L-37 $660.00 The areas under Improvement L-37 proposed to be assessed for a portion of the cost of the proposed improvement includes: Lot 8, Block 3; Lot 7, Block 4; and Lots 5 and 6, Block 5, Virginia Avenue Addition. These properties are proposed to be assessed at an estimated cost of $165.00 per assessable lot. Marcella M. Daehn, City Clerk Motion carried on rollcall vote - five ayes. APPOINTMENTS TO EmMAN RELATIONS COMMISSION AND RECYCLING & SOLID WASTE COMMISSION CONTINIJED TO 01/03/94 Mayor Richards reminded Council of the vacancies on the Human Relations Commission and the Recycling & Solid Waste Commission, terms for both positions would run to February 1, 1994, when reappointments could be made. He said one name has been suggested for the Recycling & Solid Waste Commission and asked that names of individuals who are interested be submitted to him prior to January 3. APRIL 6. 1994. TENTATIVELY SET FOR COUNCIL/ADVISORY BOARDS & COMMISSIONS ANNUAL DINNER the annual dinner for the Council and Advisory Boards and Commissions. After brief discussion, the consensus was to schedule the dinner for April 6, 1994, if space is available at Braemar Clubhouse or Centennial Lakes Park Centrum. Mayor Richards noted that several dates/locations have been suggested for APRIL 20. 1994. SET FOR ANNUAL VOLmJTEW RECOGNITION RECEPTION Following 121 20/93 124 discussion, by consensus Reception at Edinborough the Council scheduled the Park for Wednesday, April Annual Volunteer Recognition 20, 1994 at 5:OO P.M. I THE ED= CUP CHAMPIONSHIP PROPOSAL DISCUSSED Edina Foundation is proposing The Edina Cup Championship as a new fundraiser. This golf tournament would have two primary purposes: 1) to provide a quality golf tournament for Edina golf club members and residents, and 2) to raise money for The Edina Foundation. The tournament would take place on Edina's three regulation size courses, Braemar, Edina and Interlachen if approved by the governing bodies and would be held annually in late August or early September. The proposal will be considered by the Park Board at its January, 1994, meeting and will be formally brought to the Council with the Park Board's recommendation thereafter. Rosland asked the Council Members to read the proposal in the meantime. Manager Rosland told Council that The _. Manager +CLAlHS PAID approve payment of the following claims as shown in detail on the Check Register dated December 16, 1993, and consisting of 29 pages: General Fund $849,609.24; C.D.B.G. $9,285.50; Communication $70.13; Working Capital $16,085.21; Art Center $7,638.59; Swimming Pool $171.03; Golf Course $315,173.40; Ice Arena $102,130.01; Gun Range $1,014.83; Edinborough/Centennial Takes $21,801.52; Utility Fund $27,808.73; Storm Sever $1,460.14; Recycling $40,940.77; Liquor Fund $70,442.05; Construction Fund $73,868.26; IBR #2 Fund $313,125.00; TOT& $1,850,624.41; and for confirmation of payment of the followhg claims as shown in detail on the Check Register dated December 9, 1993, and consisting of 16 pages: General Fund $178,063.72; Art Center $321.81; Golf Course $1,053.10; Ice Arena $3,195.71; Utiliw Fund $27,930.00; Storm Sever $65,170.00; Liquor Fund $303,527.75; TOTBL $579,262.09. Motion was made by Hember Kelly and vas seconded by Member Smith to Motion carried on rollcall vote - five ayes. COUNCIL WEETIFIG TEprpORARILY CLOSED Mayor Richards stated that at this time he would like to close the meeting to discuss the status of the investigation into the City's purchasing practices with City Attorney Gilligan, pursuant to the attorney-client privilege exception to the Open Meeting Law. discussion. The meeting was then closed for such Following the completion of such discussion, the meeting was reopened. There being no further business on the Council. Agenda, Mayor Richards declared the meeting adjourned at 9:30 P.M. City Clerk