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