HomeMy WebLinkAbout19941219_regular153
MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITP COU'I!iCIL HELD AT CITP
DECEHBKR 19, 1994
ROCLCAIZ Answering rollcall were Members Paulus, Rice, Smith and Mayor Richards.
Member Kelly entered the meeting at 7:03 P.M. I
BOY SCOUT TROOP 78 WELCOMED Mayor Richards welcomed members of Boy Scout Troop
78 from Christ Presbyterian Church.
is working on citizenship merit badges.
Robert Lundberg, Scoutmaster said the Troop
CONSENT AGENDA ITEMS APPROVED
Member Paulus to approve and adopt the Council Consent Agenda items with the
exception of removal of items 1II.E. - (3) Computers with Required Software for
Police Department, 1II.F. - (6) 1995 Full Size Police Pursuit Vehicles and (2)
1995 Mid-Size Police Sedans and 111.1. - 1995 Public Health RWrsing Contract.
Motion vas made by Member Rice and vas seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*MINUTES OF REGULAR COUNCIL MEETING OF DECEMBER 5. 1994. AND SPECIAL MEETRIG OF
DECEKBEB 10. 1994 APPROVED
Member Paulus to approve the mirmtes of the Regular Council Meeting of December
5, 1994, and Special Council Meeting of December 10, 1994.
Motion vas made by Member Rice and was seconded by
Motion carried on rollcall vote - five ayes.
ORDINANCE NO. 1994-11 ADOPTED ON SECOND READING - AH ORDINANCE AMENDING CODE
SECTION 300 TO ALUM ANIMAL CONTBOL OFFICER TO DECLARE A DOG POTERTIAKLY
DANGEROUS
December 5, 1994, the Council gave First Reading to Ordinance No. 1994-11, An
Ordinance Amending Code Section 300 to Allow the Animal Control Officer to
Declare a Dog to be Potentially Dangerous.
ordinance.
Assistant Manager Hughes reminded Council that at its meeting of
Staff would recommend adoption of the
No public comment or objections were heard.
Member Smith moved Second Reading and adoption of the following Ordinance:
ORDINANCE NO. 1994-11
AH ORDINANCE AMENDING CODE SECTION 300
To AImu THE IurrmLu. COI?TROL OFFICER
To DECIARE A DOG TO BE mIhI;LY DAHGEROUS
Paragraph B of Subd. 5 of Subsection 300.17 of Section 300 of
THE CITP COUl!ICIL OF THE CITY OF EDIHd ORDAINS:
Section 1.
the City Code is amended to read as follows:
"B.
dangerous dog as defined by M.S. 347.50.
potentially dangerous shall be served upon the mer of the dog either
personally or by certified mail.
that a potentially dangerous dog be confined or restrained when on the
mer8s property and restrained and muzzled when off the owner8s property."
Section 2. Subd. 5 of Subsection 300.17 of Section 300 of the City Code is
amended by adding a nev paragraph C as follows:
"C.
Council after a public hearing.
given at least ten days prior to the date of the hearing to the owner of
the dog and to the mers of all property within 250 feet of the property
where such a dog is usually kept. The Council shall make its decision at
such hearing or at any contiuuation thereof."
The Animal Control Officer may declare a dog to be a potentially
A notice declaring a dog to be
The Animal Control Officer may require
No dog shall be declared a dangerous dog under H.S. 347 except by the
Hailed notice of such hearing shall be
154 12/19/94
Section 3. This ordinance shall be in full force and effect upon its
passage and publication.
Mayor
ATTEST :
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
ORDIRAJXX NO. 1994-12 ADOPTED - AN ORDINANCE AHENDING SECTION 185 To INCREASE
CERTAIN FEES
No. 1994-12 is the same as it was for the First Reading with exceptions in the
utility section.
recommended a water conservation rate of $.74 for residential usage over 10,000
cubic feet. Because this might be confusing in the areas which pay a different
water rate such as Morningside which pays $1.30 per 100 cubic feet for water
usage.
use rate of $.18 per 100 cubic foot over 100 units.
pay more than Edina's water rate would be subject to the same excessive use
charge.
Finance Director Wallin reported that the information in Ordinance
Consultants hired by the City to perform a water study had
Staff would recommend instead to include an additional excessive water
In this way, the areas which
Director Wallin elaborated that the second change in the Fees and Charges
schedule concerns the fixed or meter charge.
charge based on the size of the meter beginning with the 1/2 inch to 5/8 inch
meter charge of $6.60. The second level was to be for the 3/4 inch meter and
would have been $7.26. Staff has found that in many cases the 5/8 inch and the
3/4 inch meters are interchangeable and as such should be combined for the lowest
level charge.
lowest rate would increase from $6.60 to $6.82 per quarter.
The consultants recommended a fixed
To bring in the same amount of revenue as originally approved the
Member Rice moved Second Reading and adoption of Ordinance No. 1994-12 as
follovs :
ORDINANCE HO. 1994-12
AH ORDINANCE AHEEIDIHG SCHEDULE A OF EDILUA CODE SECTION 185
To INCREASE CERTAIN FEES AND M ADD OR DEL&TE CER!l!AIH FEES
THE CITP CODE7CIL OF THE CITY OF ED=, ~SOTIL ORDAINS:
amended to read as follous:
SEC. SWSEC. PURPOSE OF FEE/CHARGE AHOlJlVJ! FEE NO.
410 410.02, Building pennit:
Section 1. The following described fees of Schedule A to Code Section 185 are
Sed. 1 Total valuation of wrk:
$1.00 to $500.00 *$20.50 30
$501.00 to $2,000.00 *$20.50 for first $500.00 plus 31
$3.00 for each additional
$100.00 or fraction thereof to
and including $2,000.00
*$65.50 for first $2,000.00
plus $9.80 for each additional
$1,000.00 or fraction thereof
to and including $25,000.00
plus $7.25 for each additional
32 I $2,001.00 to $25,000.00
$25,001.00 to $50,000.00 -290.90 for first $25,000.00 33
12/19/94 155
410
410
415
415
420
430
430
435
$1,000.00 or fraction thereof
to and including $50,000.00
*$472.15 for first $50,000.00
plus $5.20 for each additional
$1,000.00 or fraction thereof
to and including $100,000.00
*$732.15 for the first
'$100,000.00 plus $4.15 for each
additional $1,000.00 or fraction
thereof to and including
$500,000.00
*$2392.15 for the first
$500,000.00 plus $3.10 for each
additional $1,000.00 or fraction
thereof to and including
$1,000,000.00
*$3942.15 for the first
$1,000,000.00 plus $2.05 for
each additional $1,000.00 or
fraction thereof
$50,001.00 to $100,000.00
$100,001.00 to $500,000.00
$500,001.00 to $1,000,000.00
$1,000,001.00 and up
-1us surcharge pursuant to H.S. 168.70
410.02, Beinspection fee assessed $32.00 per hour or the total
Subd. 1 under provisions of WC, hourly cost to city, whichever is
Section 305 (g) greatest. (Includes supervision,
overhead, equipment, hourly vages
and fringe benefits of employees
involved. )
410.02, Building Code $ 80.00 residential
Subd. 1 compliance inspection $160.00 commercial
415.02
415.02, Indemnity deposit for $530.00, unless licensed by
Subd. 3 damages sustained by moving Commissioner of Transportation
Permit for moving of building $212.00
of building
420.07, Street surface repair: Over 25 sq. ft. - $7.00/sq. ft.
Subd.2.J
430.07, Oil burner installer's $ 55.00
Subd. 8 license, stoker installer's
license, steam or hot vater
heating installer's license,
mechanical warn air heating
and air conditioning
installer's license,
refrigeration installer's
license
license
430.03, Gas piping installer's $ 55.00
435.07 Gas piping permit Hinintum Fee:
Residential - *$22.00
Commercial - *$27.00
Fee Calculations:
$ 0-$ 1,000 *$ 16.00 plus 3.10% > $ 500.00
$ 1,001-$ 5,000 *$ 31.50 @US 2.60% > $ 1,000.00
$ 5,001-$10,000 *$135.50 plus 2.15% > $ 5,000.00
34
35
36
37
38
39
40
45
46
53
55
56
60
61
62
63
64
156 12/19/94
$10,001-$25,000 *$243.00 plus 1.85% > $10,000.00 65
$25,001-$50,000 *$520.50 plus 1.65% > $25,000.00 66
$50,001 & aver *$933.00 plus 1.30% > $50,000.00 67 I plus surcharge pursuant to H.S. 16B.70
435 435.07 Oil burner, stoker, lginimum Fee:
steam or hot vater Single Family - *$22.00 68
heating, mechanical Commercial - *$27.00 69
warm air heating and
air conditioning or H.S. 16B.70
refrigeration permit
dl1 fees for above permits based on contract price as follows:
jplus surcharge pursuant to
$ 0-1,000.00 *$ 16.00 + 3.10% of anything over $ 500.00 70
1,001.00- 5,000.00 *$ 31.50 + 2.60% of anything over 1,000.00 71
5,001.00-10,000.00 *$135.50 + 2.15% of anything over 5,000.00 72
10,001.00-25,000.00 *$243.00 + 1.85% of anything over 10,000.00 73
25,001.00-50,000.00 *$520.50 + 1.65% of anything over 25,000.00 74
50,001.00 and over *$933.00 + 1.30% of anything over 50,000.00 75
jplw surcharge pursuant to H.S. 16B.70
450 450.27, Public or semi- $310.00 per annum for each pool enclosed 81
pool license $160.00 per annum for each outdoor pool 82
450 450.27, Public or semi- $80.00 per annum for each bath or pool 83
Subd. 4 public snlmmlng part or all of the year
Subd. 4 ptiblic whirlpool
bath or therapeutic
license
s-g Pool
620 620.04 Permit fee for $52.00 for each permit
cleaning of
commercial cooklng
ventilation system
625 625.04 Sprinkler permit fees:
mber of heads
1- 5 *$ 40.00 (minimum fee)
6- 10 *$ 65.00
21 - 30 *$115.00
31 - 40 *$135.00
41 - 50 *$155.00
51 - 60 q175.00
61 - 70 *$189.00
71 - 80 *$203.00
81 - 90 *$217.00
91 - 100 *$226.00
101 - 110 *$235.00
111 - 120 *$244.00
121 - 130 *$252.00
131 - 140 *$260.00
141 - 150 *$268 -00
151 - 160 %276.00
161 - 170 %283.00
171 - 180 *$290.00
181 - 190 *$297.00
191 - 200 *$304.00
201 plus
11 - 20 *$ 90.00
*$304.00 for first 200 plus $7.00 for
jplus surcharge pursuant to H.S. 168.70
each additional head
lo5 I
110
121 19/94
157 118 625 625.03
635.02
716.02
720.04,
Subd. 3
810.09
850.04,
$82.00 Fire pump installation
and associated hardware
Standpipe installation
Each additional
standpipe
$82.00
$ 9.00
119
120
635 False fire alarm $230.00 for the third and each
subsequent respanse within one
calendar year
125
716 Recycling service :
Single family
Double bungalow
Apartment s/condos
(2-8 Units)
$ 6.06 per quarter
6.06 per quarter
4.80 per quarter
131
132
133
720 Food establishment
license
$450.00 per annum, $400.00 if
certified pursuant to Subsection
720.04, Subd. 3C of this Code,
plus $120.00 per annum for each
additional facility
$140.00 per annum
135
Day care, limited
food establishment
license
Take-out food facility
license
136
$300.00 per annum, $250.00 if
certified pursuant to Subsection
720.04, Subd. 3C of this Code
$135.00 per annum
137
138
140
Packaged food sales
license
Catering food
establishment license
$450.00 per annum, $400.00 if
certified pursuant to Subsection
720.04, Subd. 3C of this Code,.
plus $120.00 per axmum for each
additional facility
$80.00 per event 141 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
license
Food vehicle license
Fleet of 5 or more
food vehicles license
Pushcart license
$55.00 per annum, plus $10.00 per
annum for each additional facility
142
$90.00 per annum 143
$450.00 per annum 144
$165.00 per annum, plus $30.00 per 145
annum for each additional vehicle
$ 90.00 per annum 146
$450.00 per annum 147
$130.00 per annum 147a
8 10 Plat and subdivision For divishn of one or more lots vhere
no nev buildable lots are created:
$50.00 per lot 161
For all other plats and subdivisions:
$400.00 plus $50.00 per lot 162
filing fee
Fee for transfer 850 of $400.00 for (one) 8-2 lot
$500.00 for (two) R-2 lots
$700.00 for all other transfers
192
193
194
Subd. 2, land to another
A. 2 zoning district
158
850
12/19/94
850.04, Application fee for $500.00
Subd. 6 final development plan
199
900
900
900
900
900
1040
1100
1100
1100
1100
900.06 , Non-intoxicating malt
Subd. 1 liquor license:
On-sale $220.00 per annum (renewal)
$280.00 per anmnn (new)
900,04, Off-sale $220.00 per anmnn (reneval)
Subd. 2 $280.00 per anmnn (new)
Subd. 3 non-intoxicating malt
900.16,
Subd. 1 Restaurants vith 50 or fever seats - $720.00
51 - 100 seats, inclusive - $785.00
101 - 150 seats, inclusive - $850.00
900.16, Temporary on-sale $45.00
liquor license
On-sale wine license (per year):
Over 150 seats - $905.00
900.17, Manager's license $65.00 per year
Subd, 6A
207 I
208
209
211
212
213
214
215
216
1040.08 Loudspeaker permit $10.00 per permit 225
1100.03, Serer service charge:
Subd. 2 Single family dwellings, Based upon water usage during winter
between November 1 and March 1)
town houses, two-family quarter (Three month period falling
dwellings, apartment
buildings containing
four or less dwelling
units :
To and includbg 1600
cubic feet
From 1601 cubic feet $1.60 per 100 cubic feet 236
and aver
Apartment buildings with $123.50 plus $23.00 for each unit aver 237
more than four dwelling four, or $1.60 per 100 cubic feet of
units water during the quarter, whichever
is greater
235 I $25.60 quarter
1100.03, Sever service charge: $32.00 per water meter or approved 238
Subd. 2 Commercial and sewage metering device on premises, or
$1.60 per 100 cubic feet of water used industrial buildings,
including schools
and churches greater
during the quarter, whichever is
1100.03, Uater service: 1. $0.56 per 100 cubic feet for all 242
Subd. 2 areas of City, except areas
described belor in 2.
2. $1.30 per 100 cubic feet for
Morningside area and for east side
of Beard Av. from Vest 54th St. to
Fuller St, and both sides of Abbott
P1. from Vest 54th St. to Beard Av.
243
3. Excessive use charge $.18/100 cubic ft. 244
1100.03, Meter charge: Up to 3/4" meter $ 6.82/quarter 245
Subd .2 1 inch meter
1 1/4 inch meter
1 1/2 inch meter
2 inch meter
3 inch meter
4 inch meter
12/19/94 159
1105 1105.01, Service Availability $850.00 per SAC unit x number of SAC 250
Subd. 1 Charge (SAC) units computed pursuant to Subsection
1105.01, Subd. 1 of this Code
1205 1205.01 Curb cut permit ' $35.00
1230 1230.07 Sidewalk cafe permit $500.00 I 260
261
1300 1300.02, Refuse or recycling $200.00 per annum for first vehicle, 270
Subd. 1 hauler license $50.00 for each additional vehicle
I
1305 1305.03 Scavenger license $150.00 for first license, $100.00 175
for each annual renewal thereof
1340 1340.06, License for individual $65.00 for individual license 286
Subd. 1 performing massage or
escort services
1340 1340.06, Investigation fee at $65.00 287
Subd. 2 time of original
application for an
individual license
Section 2.
following fees thereto:
300 300.03, Dog license renewal $25.00 per dog or 21a
Schedule A to Section 185 is hereby amended by adding the
Subd.3 (late charge after $12.00 per neutered dog
March 1)
1340 1340.06, Individual massage $25.00
Subd. 1 license (additional
location)
1400 1400.01, Truck restrictive road $5.00
Subd. 2C permit
286a
290
Section 3. Schedule A to Section 185 is hereby amended by renumbering Fee No.
290 as Fee No. 291 (Redemption of impounded vehicle) and by renumbering Fee No. 244
to No. 243.
Section 4. The effective date of this Ordinance shall be Jam~ary 1,m.
AT"EST :
--7k%d%-- u
City Clerk
Motion for adoption of the ordinance was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
*BID AWARDED FOR ADA PROJECTS AT VARIOUS CITP LOCATIONS Motion was made by Member
Rice and was seconded by Member Paulus for avard of bid for ADA Project Nos. S-63,
5-65, S-69, S-70, S-71 and 5-73 at various City.locations to recommended lw bidder,
Thomas and Sons Construction Company, Inc., at $121,866.75.
Motion carried on rollcall vote - five ayes.
12/19/94 16 0
*BID AWARDED FOR !SKID S!CEER TDADER Motion was made by Member Rice and was seconded
by Meniber Paulus for award of bid for a skid steer loader to recammended next low
bidder, St. Joseph Equipment, at $20,091.23 as other bidders did not meet
specifications. I Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR PA- ROUTERS
by Member Paulus for award of bid for pavement cutters/routers to recommended lor
bidder, Spec. Materials, Inc., at $14,472.71.
Motion vas made by Member Rice and vas seconded
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR OuTwoa CIVIL DEFENSE WAIU?IMG SIREN Motion vas made by Member Rice
and vas seconded by Member Paulus for award of bid for 127DB outdoor civil defense
varning siren, pole and installation to sole bidder, Federal Warning Systems, at
$10,853.68.
Motion carried on rollcall vote - five ayes.
AWARD OF BID FOR POLICE DEPARTMEWC COMPUTERS COTPl!IH[JED TO DECEMBER 29. 1994
Member Smith said he had asked that this item be removed from the Consent Agenda for
because he would like to see a breakdown of costs between hardware and software.
Heniber Smith made a motion to
to December 29, 1994, so that
Member Paulus.
Ayes: Kelly, Paulus, Rice,
Motion carried.
continue avard of bid for Police Department computers
spec sheets could be provided. Motion was seconded by
Smith, Richards
BID AWARDED FOR SIX1995 FCKL SIZE POLICE PuBSurr VEHICLES AND TWO 1995 HID-SIZE
POLICE SEDANS Member Smith said he had asked this item be removed from the Council
Consent Agenda for further explanation as to cost and type of vehicles being
purchased.
Investigative Division unmarked fleet to provide variety.
vehicles is up from last year by $3,000 due to market conditions.
Chief Bernhjelm explained that the two mid-size sedans are for the
The price for the pursuit
Member Smith made a motion for award of bid for sir 1995 Full Size Police Pursuit
Vehicles and two 1995 Hid-Size Police Sedans to Thane J3awki.n~ Polar Chevrolet at
$133,038.58, per State of Minnesota Cooperative Purchasing Agreement, Contract
#M-9523 and M-9538.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Motion was seconded by Member Kelly.
*PURCHASE OF HOCKEY BOAID SYS!CEM FOR BRAEMAR ARENA APPROVED
Meniber Rice and vas seconded by Member Paulus to approve the purchase of the used
Met Center hockey board system vith altrmimrm supports for Braemar Arena from sole
provider, Becker Arena Products, at $62,000.00.
Motion carried on rollcall vote - five ayes.
Motion vas made by
*BID AWARDED FOR BJUEHAR GOLF COURSE RANGE RAT.TS Motion vas made by Member Rice and
vas seconded by Member Paulus for award of bid for 2,500 dozen range balls for
Braemar Golf Course to recommended lor bidder, Spalding, at $12,125.00.
Motion carried on rollcall vote - five ayes.
1995 PUBL7cC EEATXE "MIHG CONTRACT APPROVED Member Smith said he had asked this
item be removed from the Consent Agenda to ask if the City was getting value from
this program.
in the past and none have been able to match Bloomington's price, due in part to
lack of experience when compared to the Bloomington Division of Health.
getting approximately 2,800 home health visits per year from this service, with
about 1200 family health visits and 120 clients which are 19 years of age and
Sanitarian Velde responded that staff has looked at other providers
Edina is
12/19/94
younger. This equates to the service of about seven fulltime providers.
Member Kelly made a motion to approve execution of the 1995 Public Health ksing
Contract with the Bloomington Division of Health at $139,750.00.
seconded by Member Smith.
Motion was
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried. I
PROJECT APPROW3 CONSISTING OF DRAINAGE SWU AT BLAKE RIDGE TOUNEOHES
Hoffman explained that Blake Ridge Townhome Association has contacted the City about
a drainage/stormwater flooding problem that exists on the townhome site.
Engineering staff has worked with the Association members and property managers to
review the issue and assist in the development of a solution. He presented a
graphic depicting the east end of the townhouse.property and specifically the
parking area which impedes water leaving the site during heavy rains.
Engineer
Staff's analysis indicates that if the parking area was removed, lowered and
replaced, stormwater would flow over the area if all the drainage did not fit into
the stormwater system. This would start an emergency overland overflow system for
rainfalls that would exceed normal design standards.
an improved drainage swale behind the homes on Sherman Circle.
existing stormwater pipe and easement on these properties.
be re-graded to prevent drainage from heading towards the homes.
This change would necessitate
The City has an
The back lot line would
Engineer Hoffman said the proposal which staff and the Association share is that the
Association re-grade, re-pave and re-curb their parking lot area and move some trees
in the new drainage swale area.
$5,000.00. The City, through its stormwater utility fund, would grade the
appropriate drainage swale to protect downstream homeowners and the downstream
townhouse unit. The project cost to the City would be approximately $8,000.00.
This type of project would be similar to stormwater projects completed in the
Naomi/West 66th Street area and the 58th/Concord area.
qualify under the private home flood reduction program as another solution is
feasible in terms of public improvement.
The estimated cost to the Association would be
This project would not
I
Jim Schwarz, 6054 Blake Ridge Road, spokesperson for the Association, said the
Association members would concur that the proposed overland design for handling the
stormwater overflow is an excellent solution.
for the project.
He asked Council to vote positively
Member Kelly made a motion approving the project consisting of a drainage svale
improvement from the townhouse site to Olinger Boulevard at an estimated cost of
$8,000.00 to be paid from the City stormuatel: utility fund.
Member Paulus.
Motion was seconded by
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
REPORT GIVEN ON GOLDw VAJJXY MICROWAVE FOODS ODOR PROBLEM Mike Bley, Director of
Operations for Golden Valley Microwave Foods, introduced Jack McKeon, President, and
noted his attendance was a statement of support. He reported the following progress
concern:ng the odor problem at their plant since the last Council meeting of
December 5, 1994:
161
- - Tests were run of the wet scrubbing technology the weeks of 12/5 and 12/12
Several different variables were run to verify:
Number and size of scrubbing units.
Most effective scrubbing solutions.
Most effective air flows.
162 12/ 19/94
- Test results were very informative and positive:
Based on test results, change order was issued to use dual stage
scrubbers.
Odor panel results, analytical data and subjective evaluation of odor
by Golden Valley and Rust personnel show significant reduction in odor
source.
Results show technology will eliminate the fat free process as the
source of odor complaints within the neighborhood.
I
Golden Valley Microwave Foods Next Steps:
Continue engineering for placement of system.
Continue building of Golden Valley specific wet scrubber system.
Continue testing of process change (trying for implementation 2/15).
Installation of system (still targeting March 9 as start-up of wet scrubbing
sys tem) .
Next report date in February, 1995.
Mr. Bley also presented a list of references provided by Rust Environment &
Infrastructure from their industrial ventilation design project list which had been
requested by the Council on December 5, 1994.
Mr. Bley responded to Member Rice that the company that built the scrubber units has
a panel of people which are utilized to determine odor reduction.
further that air samples are brought up to ambient (room) temperature before
testing .
He answered
Member Smith stated he still has not heard whether or not Golden Valley Microwave
Foods would close down their process if the equipment did not eliminate the odor.
Mayor Richards recalled that the discussion was that after installation of the
equipment Council would re-discuss the issue when the results were in.
Mr. Bley answered Member Paulus that no correspondence had been mailed to area
residents explaining the progress.
informed of the steps being taken to alleviate the odor problem.
I
She said she felt it important that residents be
Mayor Richards commented that the City has been patient in dealing with the odor
problem and Golden Valley Microwave has acted in good faith in recognizing that a
problem exists and must be corrected. He said he would advocate that appropriate
steps be taken for operations to cease in March if the problem is not corrected.
was agreed that Golden Valley Microwave be back before Council with a status report
on February 21, 1995.
It
-IC SAE"Y STdFF BEPOBT OF DECEMBER 6. 1994. APPROVED Motion was made by
Member Rice and was seconded by Member Paulus to approve the following actions as
recommended in Section A of the Traffic Safety Staff Report of December 6, 1995:
STOP sign be posted for southbound Code-Avemte at-Birchcrest Drive and double
yellow centerline be painted on Code Avenue to highlight the offset roadway;
Installation of tvo (2) International Pedestrian signs with a 20 lIpH speed
advisory near the easterly end of Creek Valley Road;
Upgrade Interlachen Boulevard at Schaefer Road to a 3-way (all way) STOP;
Upgrade Interlachen Boulevard at Green Farms Road to a 4-vay (all way) STOP;
That westbound Park Terrace by stopped at the intersection of Halibu Drive:
and to acmledge Sections B and C-of the report as presented. I Motion carried on rollcall vote - five ayes.
REPORT GIVW ON RESIDENTIAL STREET SPEED ARD U'G SIGH POIZCY Engineer Hoffman
presented a report on residential street speed and the City's warning sign policy.
He noted that the City Council recently reviewed the issue of speed limits in which
the "Basic Speed Law" was discussed. Under this law the limit is the reasonable
12/19/94
163
speed to be driven given the conditions, i.e., weather, environment, geometrics,
hazards present, etc.
officials to tag drivers for "inattentive" driving, e.g. driving too fast for
conditions.
study, such as lower speed limits around schools.
Other speed zoning changes within the City via the MN/DOT procedure (Council
resolution requesting that an appropriate study be done and appropriate zoning be
established) have been limited to primarily up or down speed zoning in areas,
usually on collector/arterial streets which have unusual geometric conditions. One
local policy change that might be considered is to use the existing state procedure
more often.
This law was just revised to allow police enforcement
Current law allows speed zoning change subject to proper engineering I
Staff was able to collect considerable data.from MN/DOT who has chaired a task force
consisting of city, county and state personnel attempting to deal with urban
residential speed limits.
force discovered that much of the concern about speed limits on local streets is
motivated by neighborhood concerns and perceptions.
recommendations of the task force did not find speeding on residential streets to be
a common violation leading to safety problems.
believe that speeding is a common violation affecting safety.
that residents will continue to believe that speeding is a problem in their
neighborhood and that speeding and speed limits must be reduced to make their local
streets safer.
An informational piece is quoted as follows: "The task
In general, the findings and
It is common for residents to
It is also likely
Some of the preliminary enforcement findings of the task force were:
1.
needed for more serious crimes. As currently set, speed limits tax existing
police resources to the extent that changing speed limits would not result in
more citations being written.
Resources were limited for speed enforcement and additional funding was
2.
streets, not true residential streets. Speeds observed during enforcement are
usually between 25-30 MPH and rarely exceed 30 MPH. Officers believe
complaints about excess speed on residential streets is the result of
erroneous perception on the part of adjacent residents.
blame non-local drivers for speed violations while most of the citations
issued for speeding are to 'people living in the immediate area.
Local police see the primary speeding problems on arterial and collector
Resident complaints
3. Many police officers allow a tolerance of between 10-11 MPH before writing
a citation, dependent on the impact of traffic and location.
practice has also developed based on observation by police of the practices of
prosecutors and the courts. The Dimler Amendment (MS 171.12, subd. 6)
condones this acceptable tolerance (allows speeds up to 10 MPH above 55 MPH
limit and has detrimental effect on local street systems).
The tolerance
4. Changes in speed zoning or signing have not resulted in corresponding
changes in driving patterns.
aggressiveness.
residents.
Driver attitudes must be changed to curb
Safer neighborhoods have been created through educating
General Recommendations of Task Force:
1. Statewide, a stronger emphasis is needed on driver education and courteous
driving habits.
2. Authority for all speed zones on roads in Minnesota should remain the
12/19/94 164
responsibility of the Commissioner of MN/DOT.
3.
conversion, urban arterial streets and collector streets should not be in the
same category with residential urban streets.
If statutory residential speed limits are changed at the time of metric
I Staff Recommendations:
1. Current warning sign policy is adequate for most situations.
2.
statewide.
Use of the current speed laws as they exist until the issue is dealt with
3.
City would follow a traffic engineering process which would document the
reasons for the change to address potential liability.
Statutory change for speed zoning for cities is not recommended unless the
2. Resolution to state for speed zoning for existing conditions, i.e. narrow
roads, sharp cures, etc.
Engineer Hoffman answered Council that statewide 85 percent of the drivers drive at
speeds that are reasonable for existing conditions.
drivers exceeding the limit by 10 MPH are ticketed but the violation does not go on
the driver's record and therefore does not affect their insurance rates. However,
it does affect local jurisdictions in that the traffic patterns trickle down onto
the arterial roads and then to the local street system.
Under the Dimler Amendment,
Mayor Richards called for public comment on the report and recommendations as
presented. John Crist, 5324 Halifax Avenue South, told Council that his family
relocated to Edina for many positive reasons but he is bothered by one thing,
civility goes out the window as soon as you step into the street. He said he is
concerned for those who do not have the mobility to escape from vehicles who are
speeding.
each street.
He asked that speed limits be lowered even if it takes petitioning for
Chief Bemhjelm commented that the State Police Chiefs Association opposed the
Dimler Amendment when it was proposed and supports its repeal.
Patrol through their lobbying effort have tried unsuccessfully to have it removed
since it was made law approximately three years ago. The amendment does create the
perception that it is okay to speed. Generally speaking, there is not a lot of
theoretical data that would support lowering of the statewide residential speed
limit.
Further, the State
Mayor Richards suggested to Mr. Crist that the Human Relations Commission may wish
to take the subject of the impact of lack of driver civility and driver education
back to the Human Relations Commission for discussion and possible recommendation to
the Council.
Mayor Richards concluded that: 1) staff draft a resolution for consideration
regarding repealing the Dimler Amendment, 2) that the City, on a case by case basis,
consider speed limit changes within Edina, and 3) that staff continue to monitor
the issue od speed on a statewide basis.
REPORT GIVW OH IMPRO-S TO BE"I!OH/JOHLrlSOH INTERSECTION
recalled that citizens in the Benton/Johnson neighborhood had expressed a concern
about public safety.
at Johnson Drive.
as the street is properly signed and cannot be safely driven at a higher speed.
street is a collector roadway as opposed to a local street and traffic volume runs
Engineer Hoffman
Originally, the solution requested was a STOP sign westbound
This solution did not seem appropriate for the problem identified
The
12/19/94
165
between 2000 to 2400 vehicles per day.
pedestrian activities warrants a change.
This amount of vehicular traffic mixed with
Staff would recommend reconfiguring the street by moving it towards the pond,
regrading the intersection to a 25 MPH design with a four percent inward slope.
The project is estimated at approximately $30,000 if it were totally contracted.
The proposal would be to contract the changing of the stormwater catch basins and
pipes for an estimated $7,500 to be funded through the stormwater utility.
works crews would do the surface reconstruction, i.e. re-grade, gravel, pour new
concrete.
Public
Jeanne Danmeier, 5600 Benton Avenue, said she was concerned that by signing the
street for 25 MPH drivers would be going 35 to 40 MPH, especially with the curve
being straightened.
Hoffman responded that this could be done.
She asked the speed limit be maintained at 20 MPH. Engineer
Rick Danmeier, 5600 Benton Avenue, said that although additional bollards have been
placed he felt that the sidewalk area should be protected even more than proposed by
further straightening of the curve to prevent cars rolling up onto the sidewalk.
Member Smith made a motion authorizing construction of the nev Benton-Johnson
intersection as soon as possible in Spring 1995, and to maintain the speed limit at
20 WE.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
COUNCIL POLICY ON TRdFFIC SAFE'I'Y ISSUES STATED
recalled that questions had been raised with two traffic safety issues.
issue is when items that appear to be Traffic safety related are to be discussed at
Council Meetings. He explained that the staff review, directed by Craig Swanson,
usually occurs the Tuesday after the first Council meeting of the month.
allows time for Mr. Swanson to discuss staff findings with the requestor prior to
the second Council meeting.
agenda ahead of the review procedure or simply prefer to be at a certain Council
meeting. The issue as to which meeting to discuss the requests should be reviewed.
Planning items tend to be scheduled the second meeting of the month and engineering
public hearings the first meeting of the month.
As background, Engineer Hoffman
The first
This
Lately, individuals have requested to be on the Council
The second issue relates to re-hearing a request involving a specific location.
Requests that have been acted upon by Council have been back as a modified or
changed request.
to elapse prior to re-hearing a similar or same request.
so that citizens can be so advised when phone contacts are made.
The question is does the Council desire to have a period of time
Staff raises these issues
Member Paulus made a motion that Traffic Safety issues be heard at the second
Council meeting of the month. Motion was seconded by Member Kelly.
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Concerning the second issue of re-hearing a matter, Member Paulus said she believed
there should be a period of one calendar year before the same issue comes before the
Council again, whether it is a concern of an individual or a group.
reason for the limit was based on citizen perception versus reality and that a lot
of staff time is spent when residents continue to lobby on a certain issue.
Rice stated that having to wait one year for what is considered to be a public
safety issue would be completely misunderstood by the public. Member Smith
commented if an issue has been before the Traffic Safety staff and it is then heard
by the Council and a decision is made, it should be the City's policy that the issue
has been decided.
She said her
Member I
166 121 19/94
Following further discussion, it was agreed that staff should draft and bring back a
policy concerning re-hearing Traffic Safety matters.
I *RESOLUTION ADOPTED aELEhsING PARKLAND DEDICATION A- FOR PARKlifOOD KHOLTS
ADDITION Motion was made by Member Rice and was seconded by Member Paulus for
adoption of the following resolution:
RESOUTTION RELEA!SING PARKUND DEDICATION Am
PARKUOOD KNOLU ADDJTIOE7
BE IT RESOLVED by the City Council of the City of Edina as follows:
1. Recitals. By Agreement dated July 24, 1972, (the "Agreement") and filed
November 8, 1972, in the office of the Hemepin Cotmty Registrar of TXtles as
Document No. 1052064, Carl H. Hansen, Helen M. Hansen and Parkwood Knolls
Construction Company entered into an agreement with the City of Edina relating to
dedication of parkland or payment of money in lieu thereof.
the Agreement as they relate to Parkmod Knolls 21stAddition, Parhood Knolls 22nd
Addition, Parkwod Knolls 23rd Addition and Parkwod Knolls 24th Addition, Hexmepin
County, Minnesota, have been fully performed.
2. Release. The City of Edina hereby fully and absolutely releases said Parkmod
Knolls 21st Addition, Parkmod Knolls 22nd Addition, Parkrood Knolls 23rd Addition
and Parkmod molls 24th Addition, from the Agreement and all obligations thereunder
and authorizes the Henneph County Registrar of Titles to remove the memarial of the
Agreement from all Certificates of Title in Parlnood Knolls 21st Addition, Parkwod
Knolls 22nd Addition, Parkmuod Knolls 23rd Addition and Parkrrood Knolls 24th
Addition.
documents as may be necessary to evidence the release of Parkmod Knolls 21st
Addition, Parkwod lbolls 22nd Addition, Parkrood Knolls 23rd Addition, Parkwod
Enolls 24th Addition from the Agreement and the Clerk is authorized to file a
certtfied copy of this Resolution in the Hemepin Cotme Real Estate Record.
dwPTED this 19th day of December, 1994.
All obligations under
The Mayor and Manager are authorized to execute such instruments and
I Motion carried on rollcall vote - five ayes.
FED- GRAIQT FOR COlMUNITY POLICING OPFIGEBS NO!C PURSUED Chief Bernhjelm explained
that the Federal Crime Bill which was passed and signed into law this past September
provides funding for cities to hire additional police officers for the purpose of
implementing Community Oriented Policing.
This law provides an opportunity for the Police Department to add patrol officers
with the assistance of federal dollars.
rest with the Council and would be, in part, dependent on philosophical approaches.
The following facts would influence the decision:
The decision on whether to apply would
Costs - The estimated cost of adding one patrol officer over the three year
grant period is approximately $140,000; grant paying $75,000 leaving a
contribution from the City of $65,000.
Chance - Chance of receiving the grant is unknown, experience has been that
the City has not been successful in the past in pursuing Federal grant money.
Retention - City would have to provide a plan for retaining officers hired
under the grant beyond the three year grant period.
said that the City could not plan to lay off officers at termination of grant
period.
The Program - - If approved, application would be made for one or two additional
officers for the purpose of strengthening follow-up to neighborhood problems,
spending more time with the schools and in the DARE program, and become more
pro-active in dealing with repeat call locations.
increased coverage in parks and trails and paths, and increasing non-
enforcement contact with businesses and residents.
Justice Department has
Foot or bike patrols,
12/19/94
167
5) The Issue - The addition of officers under this program cannot be justified on
the traditional needs arguments, but would present an opportunity to enhance
service to the community.
share" of these fe&!ral dollars, while recognizing the costs to be paid from
local tax revenue, or should we continue to pay "our own way" based on needs
and priorities as defined solely by Council.
The issue is, should Edina attempt to get "its
Chief Bernhjelm noted that the grant application deadline is December 31, 1994.
Following discussion it was the consensus of the Council not to pursue the federal
grant for Community Policing Officers as provided by the Federal Crime Bill.
ANNUAL COUNCIL DINNW MEETING TENTATIVELY SET FOR MARCH 22. 1995
noted that Wednesday, March 22, 1995, has been tentatively scheduled as the date for
the Annual Council Dinner Meeting with advisory board/commission members.
suggested that the boards and commission chairs be contacted as to whether this
dinner meeting is worthwhile and, if so, what format it should take.
input, the dinner meeting would be confirmed.
Mayor Richards
It was
Following this
VOLUNTEERS' ANNUAL RECOGNITION SET FOR APRIL 26. 1995 Member Smith made a motion
approving Wednesday, April 26, 1995, as the date for the Volunteers' Annual
Recognition reception to be held at Edinborough Park at 5:OO P.H.
seconded by Member Paulus.
Motion was
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
Mc BOARD OF DIRECTORS MEETING/LEGISLATIVE DINNER CHANGED TO JANUARY 25. 1995
Manager Rosland noted that the Municipal Legislative Commission (MLC) Board of
Directors meeting and legislative dinner has been changed from Wednesday, January 18
to Wednesday, January 25, 1995, from 4:30 P.M. - 6:OO P.M. at the Decathlon Club.
CONCERN REGARDING PLACEMENT OF BASKETBALL HOOP EXPRESSED Brooks O'Neil, 8 Bridge
Lane, asked for Council permission to place a basketball hoop on the City's right of
way adjacent to his home.
sac on which eight homes are located.
conducive for playing basketball.
object except for one resident on Arden Avenue.
I
The proposed location would be at the end of the cul-de-
He explained his driveway is sloped and not
All neighbors have been contacted and do not
Engineer Hoffman explained that staff has told Mr. O'Neil that the City's ordinances
do not allow anything to be constructed on public right of way. Mayor Richards said
the issue is can one group of individuals claim a portion of a public street which
is public property.
books for some time and she would not be interested in changing it. No motion was
offered in support of the request.
Member Paulus commented that this ordinance has been on the
C0LQTI"ED DISCUSSION OF FIRE DEPARTMENT STUDY 1992-94 STUDY SCHEDULED FOR JANUARY
21. 1994
the Fire Department Study 1992-94 and suggested several dates.
Manager Rosland recommended that the Council continue its discussion on
Member Kelly made a motion to schedule the continued discussion of the Fire
Department Study 1992-94 for Saturday, January 21, 1995, at 8:30 A.M. at meson
Acres Park. Motion was seconded by Member Paulus.
Ayes: Kelly, Paulus, Rice, Smith, Richards
I CIAIMS PAID
as shown in detail on the Check Register dated December 14, 1994, and consisting of
30 pages: General Fund $1,342,912.28; C.D.B.G. $3,879.00; Communication $1,852.96;
Working Capital $8,773.39; Art Center $8,932.10; Swimming Pool $124.14; Golf Course
Member Smith made a motion to approve payment of the following claims
12/19/94
$318,007.36 ; Ice Arena $101,416.57 ; Gun Range $238.15 ; Edinborough/Centennil Iakes
$20,581.86; Utility Fund $&,934.82; Storm Sewer $8,597.81; Liquor Fund $59,245.80;
Construction Fund $164,559.13; TOTAL $2,084,055.37; and for confirmation of payment
of the follouing claims as shm in detail on the Check Register dated December 6,
1994, and consisting of 11 pages: Generalkd $103,686.90; Golf Cause $145.00; Ice
Arena $67.50; Utility Fund $131.15; Storm Sewer $409.86; Liquor Fund $330,920.48;
TO!l!AL $435,360.89. I Motion seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 9:05 P.M.
c
City Clerk