HomeMy WebLinkAbout19970818_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
AUGUST 18,1997 - 7100 P.M.
ROLLCALL Answering rollcall were Members Faust, Hovland, Kelly, Maetzold and Mayor Smith.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Hovland and seconded by
Member Maetzold to approve and adopt the Consent Agenda as presented.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*MINUTES OF THE REGULAR MEETING OF AUGUST 4. 1997. AND SPECIAL MEETING OF
AUGUST 13. 1997, APPROVED Motion made by Member Hovland and seconded by Member
Maetzold approving the Minutes of the Regular Meeting of August 4, '1997, and Special
Meeting of August 13,1997.
Motion carried on rollcall vote - five ayes.
*FINAL DEVELOPMENT PLAN FOR 3917 - 3929 WEST 50TH STREET [EDINA PROPERTIES]
CONTINUED TO SEPTEMBER 2. 1997 Motion made by Member Hovland and seconded by
Member Maetzold continuing the Final Development Plan for 3917 - 3929 West 50fh Street,
Edina Properties, to September 2,1997.
Motion carried on rollcall vote - five ayes. I- ORDINANCE NO. 1997-5 ADOPTED - AN ORDINANCE AMENDING SECTION 815 TO PROVIDE
NEW REQUIREMENTS FOR ANTENNAS AND TOWERS Planner Larsen reminded Council that on
August 4, 1997, Ordinance No. 1997-5, an Ordinance Amending Section 815 to Provide New
Requirement for Antennas and Towers received First Reading. Two revisions were made to the
Ordinance, based upon comments made by the Council. First, a paragraph was added to Section
81 5.01 which describes the purpose and objectives of the process for considering modifications to
requirements of the Ordinance. Second, a new Subd. 10 to Subsection 815.05 was added, requiring
antennas attached to a facade of a building to match the color of the underlying building materials.
Planner Larsen stated staff recommends granting Second Reading and adoption of Ordinance No.
1997-5.
Member Kelly stated he would not be participating in the discussion or in the final vote due to a
possible conflict of interest.
Public Comment
Gary Gandrud, Faegre and Benson law firm, representing Sprint, presented a colored map depicting
the last site location available at the Crosstown and Highway 100 that Sprint needs immediately. All
four quadrants at the intersection are residential and present a challenge but they will work with staff
to accomplish their goal.
Peter Beck, AT&T Wireless, voiced concern that the Ordinance is a mistake and will ultimately result
in more poles because of the 75 foot height limit. The 1000 foot separation further discourages co-
location, but Mr. Beck stated they will work with staff.
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MinuteslEdina City CouncillAugust 18,1997
Peter Coil, Larkin Hoffman law firm representing American Telecom, told they are a new firm looking
for sites within Edina. After trying with some difficulty to apply Ordinance constraints for pole locations
to a map of the City, they will have a challenge complying with the Ordinance.
Member Hovland moved Second Reading and adoption of Ordinance No. 1997-5 as follows: I
ORDINANCE NO.1997-5
AN ORDINANCE AMENDING SECTION 815
TO PROVIDE NEW REQUIREMENTS
THE CITY COUNCIL OF THE CITY OF EDlNA ORDAINS:
SECTION I. Section 815 of the City Code is repealed and replaced in its entirety with a new
Section 815 as follows:
Section 815 - Radio and Television Antennas and Towers
815.01 Purpose and Objectives. The purposes and objectives of this Section are to provide for
the safe installation of antennas, dish antennas and towers and to minimize the adverse
aesthetic impact of antennas, dish antennas, and towers on surrounding properties, while
permitting reasonable reception and transmission of signals from antennas, dish antennas
and towers without excessive costs on the owners of antenna, dish antennas and towers. To
lessen the adverse aesthetic impact on surrounding properties because of the unsightly
nature of antennas, dish antennas and towers, and preserve the high quality residential
character of Edina, and to ensure that antennas, dish antennas, and towers are installed in a
manner that can withstand high winds and other adverse weather conditions and do not
constitute a nuisance or pose a safety concern, the Council has determined to impose size,
height, location and installation restrictions and requirements on antennas, dish antennas and
towers. The different size and shapes of antennas, dish antennas and towers results in
different degrees of adverse aesthetic impact on surrounding properties and different safety
concerns. Because of the different aesthetic impacts and safety concerns this Section
imposes different location, size, height and installation restrictions and requirements for
antennas, dish antennas and towers. In particular, this Section imposes different restrictions
and requirements for dish antennas. The size and shape of dish antennas make them more
obtrusive and less likely to blend in with their surroundings which results in a greater adverse
aesthetic impact on surrounding properties than antennas and towers and the shape of dish
antennas makes them subject to a high amount of wind force because the dish shape will trap
wind, with the larger the dish or higher the supporting structure resulting in greater wind force
on the base of the structure. In determining these differing restrictions and requirements the
Council has considered what size and height is necessary for an antenna, dish antenna and
tower to provide quality use and afford reasonable reception and transmittal of signals and
believes that the location, size, height and installation restrictions and requirements of this
Section permit antennas, dish antennas and towers to reasonably receive and transmit their
intended signals and do not impose excessive costs on owners of antennas, dish antennas
and towers.
815.02 Definitions. Words and phrases used in this Section which are defined in Section 850
of this Code shall be construed in this Section according to their definitions contained in
I
;
I Section 850.
Section:
The following words and terms shall have the following meanings in this
Antenna. Equipment used for transmitting or receiving telecommunication, television or
radio signals, which is located on the exterior of, or outside of, any building or structure.
For purposes of this Section, "antenna" does not include "dish antenna".
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MinuteslEdina City CounciVAuaust 18. 1997
Dish Antenna. A parabolic shaped antenna (including all supporting apparatus) which is
used for transmitting or receiving telecommunication, television or radio signals, which is
located on the exterior of, or outside of, any building or structure.
Tower. Any pole, spire or structure, or any combination, to which an antenna or dish
antenna is, or could be attached, or which is designed for an antenna or dish antenna to be
attached, and all supporting lines, cables, wires and braces.
I
815.03 Permit Required; Exemptions. No antenna, dish antenna or tower of any kind shall be
erected, constructed or placed, or re-erected, re-constructed or replaced, anywhere within the
City without first making an application for and obtaining a permit from the City. Provided,
however, no permit shall be required for the following:
A. Dish antennas not greater than nine square feet in cross sectional area, which do not
exceed six feet in height as measured from the base of the dish antenna to the highest
point of the dish antenna.
B. All towers or other antennas which do not exceed six feet in height as measured from
the base of the antenna or tower to the highest point of the antenna or tower.
C. Antennas, dish antennas and towers erected or constructed by the City for City
purposes.
815.04 Application for Permit; Issuance; Fee. Application for a permit required by this Section
shall be made ta the Building Official in the same manner, and containing the same
information, as for a building permit pursuant to Section 410 of this Code. The application
shall be accompanied by the fee set forth in Section 185 of this Code. Such permit shall be
issued by the Building Official.
815.05 General Requirements. All antennas, dish antennas and towers, for which a permit is
required shall comply with the following requirements:
Subd. 1
of this Code, including wind loading requirements set forth in the State Building Code.
Compliance with Applicable Provisions. All applicable provisions of Section 410
Subd.2 Grounding. Antennas, dish antennas and towers shall be grounded for
protection against a direct strike by lightning and shall comply, as to electrical wiring and
connections, with all applicable provisions of this Code and State law.
Subd. 3 Proximity to Power Lines. No antenna, dish antenna or tower shall exceed a
height equal to the distance from the base of the antenna, dish antenna or tower to the
nearest overhead electrical power line (except individual service drops), less five feet.
Subd. 4
to discourage climbing by unauthorized persons.
Protection from Climbing. Antennas, dish antennas or towers shall be protected
Subd. 5 Restrictions on Attachments. No antenna, dish antenna or tower shall have
affixed to it in any way lights, reflectors, flashers or other illuminating devices, or any
signs, banners or placards of any kind, except one sign not over ten square inches may be
affixed indicating the name of the manufacturer or installer.
I
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MinuteslEdina Citv CouncillAuaust 18.1997
Subd. 6
in any way, any platform, catwalk, Crow's nest or similar structure.
Subd. 7 Construction Material Restrictions. All towers shall be constructed of corrosive-
resistant steel or other corrosive-resistant, non-combustible materials. Towers shall not
be constructed or made of wood, including timbers or logs.
Prohibited Attachments. No tower shall have constructed on it, or attached to it,
I
Subd. 8 Prohibited Extensions. No part of any antenna, dish antenna or tower nor any
lines, cables, equipment, wires or braces used in connection with any tower or antenna
shall, at any time, extend across or over any part of a street, sidewalk or alley.
815.06 Location and Screening.
Subd. I Setback Location Prohibited. No part of any tower, dish antenna or antenna
shall be constructed, located or maintained, at any time, permanently or temporarily,
within any setback required by Section 850 of this Code for a principal building or
structure for the Zoning District in which the antenna, dish antenna or tower is located.
Subd. 2 Additional Restrictions for Towers and Antennas in Excess of 65 Feet in Height.
In addition to the requirements of Subd. I of this Subsection, the following minimum
distance shall be provided between (i) ground mounted towers, (ii) ground mounted
antennas, or (iii) ground mounted towers with antennas, which are in excess of 65 feet in
overall height, and the nearest lot line of a lot in the R-I District or R-2 District used for
residential purposes:
Minimum Distance in Feet = 20(h-50) + 50
h = overall height of tower and antenna in feet
Subd. 3 Additional Restrictions for R-I and R-2 Districts. In addition to the requirements
of Subd. I and Subd. 2 of this Subsection, the following requirements apply to lots in the
R-I District and R-2 District as established by Section 850 of this Code other than lots in
the R-I District developed with a conditional use:
A. Dish antennas.
I. Dish antennas greater than nine square feet in cross section area shall
not be located on the roof or exterior wall of a principal or accessory
building.
2. Dish antennas shall only be located in the rear yard.
B. All antennas and towers including dish antennas.
1. No antenna, dish antenna or tower shall be located in the front yard.
2. No antenna, dish antenna or tower, shall be constructed, located or
maintained, at any time, permanently or temporarily, closer to the allowed
buildable area of a principal building on any adjacent lot than it is to the
principal building on the lot on which it is located. I
Subd. 4 Screening for Dish Antennas. The Building Official may require, as a condition
to a permit, that a dish antenna installed in a non-residential district be screened from
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MinuteslEdina City CounciVAuaust 18.1997
residential districts located within I00 feet of the dish antenna. Such required screening
shall comply with the requirements of Subd. 2 of Subsection 850.10 of this Code.
81 5.07 Height Restrictions.
Subd. I
developed with conditional uses as established by Section 850 of this Code:
R-I and R-2 Districts. In the R-I and R-2 District except lots in the R-I District
A. No ground mounted antenna, ground mounted tower or ground mounted tower
with an antenna shall exceed 65 feet in height, measured from the ground elevation
at the base of the tower or antenna, whichever is lower, to the highest point of the
antenna or tower, whichever is higher.
6. Towers and antennas mounted on or attached to a building or structure shall not
extend higher than 25 feet above the highest point of the roof of the building or
structure, provided that no tower or antenna shall exceed 65 feet in height as
measured from the ground elevation at the front building line.
C. Dish antennas shall not be in excess of 12 feet in height, measured from the
ground elevation at the base of the dish antenna to the highest point of the dish
antenna.
Subd. 2 Zoning Districts Other Than R-I and R-2 and Conditional Uses Allowed in the R-
I District. In all other Zoning Districts as established by Section 850 of this Code and on
lots in the R-I District developed with conditional uses:
A. No ground mounted antenna, ground mounted tower or ground mounted tower
with an antenna shall exceed 75 feet in height, measured from the ground elevation
at the base of the tower or antenna, to the highest point of the antenna or tower,
whichever is higher.
6. Roof mounted antennas and towers shall have a height of no more than 18 feet as
measured from the point at which the antenna is attached to the roof to the top of the
highest portion of the antenna.
C. Dish antennas shall have an overall height of no more than 18 feet for either a
ground mount or roof mount, as measured from the point at which the antenna is
mounted to the roof or the ground elevation to the highest point of the antenna.
815.08 Existing Antennas and Towers. Existing antennas, dish antennas and towers which do
not conform to or comply with this Section are subject to the following provisions:
Subd. I Use and Replacement. Existing antennas, dish antennas and towers may
continue to be used for the purposes now used and as now existing, except as provided in
Subd. 2 of this Subsection, but may not be replaced, expanded, enlarged or added to in
any way without complying in all respects with this Section, except that antennas may be
replaced, without so complying, provided the new antenna or dish antenna fully complies
with the provisions of this Section.
Subd. 2 Destroyed or Damaged Antennas, Dish Antennas or Towers. If an antenna, dish
antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the
same may be repaired and restored to its former use, location and physical dimensions
upon obtaining a building permit but without otherwise complying with this Section.
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MinuteslEdina City CouncillAuaust 18.1997
Provided, however, that if the cost of repairing or restoring such damaged or destroyed
antenna, dish antenna or tower would be 50 percent or more, as estimated by the Building
Official, of the cost of purchasing and erecting a new antenna, dish antenna or tower of
like kind and quality and to the former use, physical dimensions and location, then the
antenna, dish antenna, or tower may not be repaired or restored except in full compliance
with this Section.
815.09 Number of Antennas, Dish Antennas and Towers.
Subd. I R-I and R-2 Zoning Districts. In the R-I District and R-2 District as established
by Section 850 of this Code, no more than one exempt antenna, as provided in Subsection
815.03, one dish antenna requiring a permit under the provisions of this Section, and one
tower with antennas shall be allowed at any one time on any single lot.
Subd. 2 Other Residential Districts. In districts zoned residential by Section 850 of this
Code, other than the R-I District and R-2 District, no more than one exempt antenna, as
provided in Subsection 815.03, one dish antenna requiring a permit under the provisions
of this Section and one tower with antennas shall be allowed at any one time on any single
tract.
815.10 Variances. Variances from the literal provisions of this Section shall be processed and
granted or denied in the same manner and based on the same criteria and conditions as
variances under Section 850 of this Code.
I 815.1 I Abandoned Antennas, Dish Antennas and Towers; Removal. Any antenna, dish
antenna or tower which is not used for six successive months shall be deemed abandoned
and may be required to be removed in the same manner and pursuant to the same procedures
as for dangerous or substandard buildings established by Section 470 of this Code.
815.12 Interpretation. It is not the intention of this Section to interfere with, abrogate or annul
any covenant or other agreement between parties. Where this Section imposes a greater
restriction upon the use of premises for antennas, dish antennas or towers than are imposed
or required by other Sections of this Code, rules, regulations or permits, or by covenants or
agreements, the provisions of this Section shall govern.
SECTION 2. This ordinance shall be in full force and effect upon pasage and publication.
Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Maetzold, Smith
Abstaining: Kelly
Ordinance adopted.
I ORDINANCE NO. 1997-9 ADOPTED. AN ORDINANCE REPEALING SECTION 420 OF THE CITY
CODE AND REPLACING IT WITH A NEW SECTION 421 FOR THE PURPOSE OF MANAGING
PUBLIC RIGHTS-OF-WAY Planner Larsen reported on August 4, 1997, the Council granted First
Reading of Ordinance No. 1997-9, An Ordinance Repealing Section 420 of the City Code and
Replacing it with a New Section 421 for the Purpose of Managing Public Rights-of-way. Final
revisions have been made based in part on comments received from right-of-way users since the
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MinuteslEdina City Council/Auaust 18. 'I 997
August 4, 1997, meeting. He noted correspondence dated August 12; 1997, was received from
USWest and submitted to Attorney Gilligan for review.
No public comment was received. I
Council comment
Member Maetzold solicited an opinion on the USWest letter from Attorney Gilligan.
Member Hovland noted at the August 4, 1997, meeting USWest seemed to be fine with the
Ordinance. Upon reading the USWest letter he observed it had emanated from Denver, CO and
wondered what interest Colorado would have with our Ordinance.
Attorney Gilligan explained the Ordinance has been written to treat all providers equitably.
Member Faust moved Second Reading and adoption of Ordinance No. 1997-9:
EDINA ORDINANCE NO. 1997- 9
AN ORDINANCE REPEALING SECTION 420 OF THE
CITY CODE AND REPLACING IT WITH A NEW SECTION 421
FOR THE PURPOSE OF MANAGING
PUBLIC RIGHTS-OF-WAY
The City Council of the City of Edina Ordains:
Section I.
Section 2.
Section 420 of the City Code is repealed in its entirety.
The City Code is amended by adding a new Section 421 as follows:
Section 421 - Right-of-way Management
421 .Ol Findings and Purpose. The City holds the rights-of-way within its geographical
boundaries as an asset in trust for its citizens. The City and other public entities have
invested millions of dollars in public funds to build and maintain the rights-of-way. It also
recognizes that some persons, by placing their equipment in the right-of-way and charging
the citizens of the City for goods and services delivered thereby, are using this property held
for the public good. Although such services are often necessary or convenient for the
citizens, such persons receive revenue andlor profit through their use of public property.
Although the installation of such service delivery facilities are in most cases a necessary and
proper use of right-of-way, the City must regulate and manage such uses.
I
To provide for the health, safety and well-being of its citizens, and to ensure the structural
integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its
rights-of-way in a state of good repair and free from unnecessary encumbrances. Although
the general population bears the financial burden for the upkeep of the rights-of-way, one of
the causes for the early and excessive deterioration of its rights-of-way is frequent
excavation.
This Section imposes reasonable regulations on the placement and maintenance of
equipment currently within its rights-of-way or to be placed therein at some future time. It is
intended to complement the regulatory roles of state and federal agencies. Under this Section,
persons disturbing and obstructing the rights-of-way will bear a fair share of the financial
responsibility for their integrity. Finally, this Section provides for recovery of the City's costs
associated with managing its rights-of-way.
421.02 Definitions. The following words, terms and phrases, as used herein, have the
following meanings:
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MinuteslEdina City CouncillAuaust 18.1997
City Cost. The actual cost incurred by the City for public rights-of-way management;
including but not limited to costs associated with registering applicants; issuing,
processing, and verifying right-of-way permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving facilities during
public right-of-way work; determining the adequacy of right-of-way restoration;
restoring work inadequately performed; mapping of “as built” locations of facilities
located in rights-of-way; and revoking right-of-way permits and performing all other
tasks required by this Section, including other costs the City may incur in managing
the provisions of this Section.
I
Degradation. The accelerated depreciation of the right-of-way caused by excavation in
or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-
way earlier than would be required if the excavation did not occur.
Degradation Cost. Money paid to the City to cover the cost associated with a decrease
in the useful life of a public right-of-way caused by excavation.
Emergency. A condition that I) poses a clear and immediate danger to life or health, or
of a significant loss of property; or 2) requires immediate repair or replacement in order
to restore service to a customer.
Equipment or Facilities. Any tangible thing in any right-of-way; but shall not include
boulevard plantings or gardens planted or maintained in the right-of-way between a
person’s property and the street curb.
Excavate. To dig into or in any way remove or physically disturb or penetrate any part
of a right-of-way.
Permit. A permit issued pursuant to this Section.
Permit Holder. Any person to whom a permit to excavate or place equipment or
facilities in a right-of-way has been granted by the City under this Section.
Registrant. Any person who has or seeks to have its facilities or equipment located in
any right-of-way.
Restore or Restoration. The process by which the right-of-way and surrounding area,
including pavement and foundation, is returned to the condition that existed before the
commencement of the work.
Restoration Cost. Money paid to the City by a permittee to cover the cost of restoration.
Right-of Way. The surface and space above and below a public roadway, highway,
street, cartway, bicycle lane and public sidewalk in which the City has an interest,
including other dedicated rights-of-way for travel purposes and utility easements
owned by the City for City utility purposes.
Service or Utility Service. Includes but is not limited to I) those services provided by a
public utility as defined in Minn, Stat. 3 2166.02, Subds. 4 and 6; 2)
telecommunications, pipeline, community antenna television, fire and alarm
communications, water, sewer, electricity, light, heat, cooling energy, or power
services; 3) the services provided by a corporation organized for the purposes set forth
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Minutes/Edina City CouncillAugust 18.1997
in Minn, Stat. 9 300.03; 4) the services provided by a district heating or cooling system;
and 5) cable communications systems as defined in Minn Stat. Chap. 238.
Telecommunication Rights-of-way User. A person owning or controlling a facility in the
public right-of-way, or seeking to own or control a facility in the public right-of-way,
that is used or is intended to be used for transporting telecommunication or other
voice or data information. For purposes of this Section, a cable communication system
defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities
related to providing natural gas or electric energy services are not telecommunications
right-of-way users.
421.03 Registration.
Subd. I Annual Registration Required. No person shall construct, install,
repair, remove, relocate or perform any work within any right-of-way without
first being registered pursuant to this Subsection. Such registration shall be
made on an application form provided by the Engineer and shall be
accompanied by the registration fee provided in Section 185 of this Code. A
service or utility service operating under a franchise with the City shall register
pursuant to this Subsection but need not provide the registration information
required by Subd. 2 of this Subsection if such information has been submitted
pursuant to the franchise agreement. A person who pays a franchise fee to the
City in accordance with a franchise agreement shall be exempt from payment of
a registration fee.
I. Subd. 2 Registration Information. The registrant shall provide the following
at the time of registration and shall promptly notify the City of changes in
such information:
A. Registrant’s name, address, telephone number, facsimile number and
Gopher One-Call registration certificate number if required by State law.
B. Name, address, telephone number, and facsimile number of the person
responsible for fulfilling the obligations of the registrant.
C. A Certificate of insurance from a company licensed to do business in the
State of Minnesota providing coverage in the following amounts.
I GENERAL LIABILITY: Public Liability, including premises, products
and complete operations
Bodily Injury and Property
Damage Combined
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MinuteslEdina City CouncillAuaust 18.1997
3, Such certificate shall verify that the registrant is insured against claims for personal
injury, incfuding death, as well as claims for property damage arising out of the (1) use
and occupancy of the right-of-way by the registrant, its officers, agents, employees and
permittees, and (ii) placement and use of equipment or facilities in the right-of-way by the
registrant its officers, agents, employees and permittees, including but not limited to,
protection against liability arising from completed operations, damage of underground
equipment and collapse of property. Such certificate shall also name the City as an
additional insured as to whom the coverage’s required herein are in force and applicabie
and for whom defense will be provided as to all such coverage’s. Such certificate shalf
require that the Engineer be notified 30 days prior to cancellation of the policy.
D. 24 hour emergency number.
E. An acknowledgment by the registrant of the indemnification pursuant to
Subd. 2 of Subsection 421 .I 8.
F. Such other information the City may require.
Subd. 3
this Subsection.
Exceptions. The following are not subject to the requirements of
A. Persons planting or maintaining boulevard plantings or gardens.
B. Persons erecting fences, installing driveways, sidewalks, curb and gutter, or
parking lots.
C. Persons engaged in snow removal activities.
D. Persons installing street furnishing, bus stop benches and shelters.
E. Persons installing vending machines.
F. Persons installing irrigation systems.
G. Federal, State, County, and City agencies.
H. Persons installing pet containment systems.
1. Plumbers licensed in accordance with Section 440 of this Code.
J. Persons acting as agents, contractors or subcontractors for a registrant who
has properly registered in accordance with this Subsection 421.03.
Subd. 4
September I of each calendar year.
Term. Registrations issued pursuant to this Section shall expire on
421.04 Permit Required; Bond; Exceptions. No person shall excavate, dig, tunnel,
trench, or install any facilities, equipment or improvements above, on, or beneath the surface
of any right-of-way in the City or any property owned by the City without first obtaining a
permit pursuant to this Subsection.
Subd. I Application; Fee. An application for a permit shall be made on
forms provided by the Engineer and shall be accompanied by the fees set forth
in Section ’l85 of this Code which are established to reimburse the City for City
costs. A person who pays a franchise fee to the City in accordance with a
franchise agreement shall be exempt from the payment of permit fees. if the
work is to be performed by an agent, contractor or subcontractor on behalf of a
registrant, such application shall be signed by the registrant. The application
shall also be accompanied by the following:
A. Scaled drawings showing the location of all facilities and improvements
I
proposed by the applicant.
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B. A description of the methods that will be used for installation.
C. A proposed schedule for all work.
D. The location of any public streets, s alks or alleys that will be temporarily
closed to traffic during the work.!’ i.
E. The location of any public streets, sidewalks or alleys that will be disrupted
by the work.
F. A description of methods for restoring any public improvements disrupted
by the work.
G. Any other information reasonably required by the Engineer.
Subd. 2 Security. For companies not operating under a franchise with the
City, a surety bond, letter of credit or cash deposit in the amount determined by
the Engineer but not less than $5,000, shall be required from each applicant. A
surety bond shall be from a corporate surety authorized to do business in the
State. Security required pursuant to this Subd. 2 shall be conditioned that the
holder will perform the work in accordance with this Section and applicable
regulations, will pay to the City any costs incurred by the City in performing
work pursuant to this Section; and will indemnify and save the City and its
officers, agents and employees harmless against any and all claims, judgment
or other costs arising from any excavation and other work covered by the permit
or for which the City, Council or any City officer may be liable by reason of any
accident or injury to persons or property through the fault of the permit holder,
either in improperly guarding the excavation or for any other injury resulting
from the negligence of the permit holder. The bond, letter of credit or cash
deposit shall be released by the City upon completion of the work and
compliance with all conditions imposed by the permit. For permits allowing
excavations within public streets, such bond, letter of credit or cash deposit
shall be held for a period of 24 months to guaranty the adequacy of all
restoration work.
Subd. 3 Permit Issuance; Conditions. The Engineer shall grant a permit
upon finding the work will comply with applicable sections of this Code. The
permit shall be kept on the site of the work while it is in progress, in the custody
of the individual in charge of the work. The permit shall be exhibited upon
request made by any City official or police officer. The Engineer may impose
reasonable conditions upon the issuance of the permit and the performance of
the applicant thereunder to protect the public health, safety and welfare, to
ensure the structural integrity of the right-of-way, to protect the property and
safety of other users of the right-of-way, and to minimize the disruption and
inconvenience to the traveling public. No permit shall be issued to anyone who
has failed to register in accordance with Subsection 421.03.
Subd. 4.
A. Landscaping work
B. Fences, driveways, sidewalks, curb and gutter, and parking lots, street
C. Snow removal activities
D. Vending machines
E. Irrigation systems provided that the system does not connect directly to
water mains in the right-of-way
F. Activities of the City
Exceptions. No permit shall be required for the following:
furnishings, bus stop benches, shelters, posts and pillars
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MinuteslEdina City CouncillAuaust 18.1997
G. Installation and maintenance of sewer or water services provided that no
excavation or other work is done within a street, sidewalk or alley and all
work is confined to unimproved portions of rights-of-way or easements.
421.05 Diligence in Performing Work. Work shall progress in an expeditious manner as
reasonably permitted by weather conditions until completion in order to avoid unnecessary
inconvenience to traffic. In the event that the work is not performed in accordance with
applicable regulations pertaining to excavations and utility connections, or the work is not
done in an expeditious manner, or shall cease or be abandoned without due cause, the City
may, after 72 hour notice to the permit holder, correct the work and fill the excavation or
repair the street. The entire cost of such work shall be paid by the permit holder upon demand
made by the City.
421.06 Standards During Construction or Installation. The permit holder shall comply with the
following standards when engaging in the work:
A. Observe and comply with all laws, rules and regulations of the State and City
and take such precautions as are necessary to avoid creating unsanitary
conditions.
6. Conduct the operations and perform the work in a manner as to ensure the
least obstruction and interference to traffic.
C. Take adequate precautions to ensure the safety of the general public and
those who require access to abutting property.
D. If required by the Engineer, notify adjoining property owners prior to the
commencement of work which may disrupt the use of and access to such
adjoining properties.
E. In all cases where construction work interferes with the normal use of the
construction area, provide for closing the construction area to traffic or to
afford it restricted use of the area and comply with MUTCD traffic safety
signing requirements.
F. Exercise precaution at all times for the protection of persons, including
employees and property.
G. Protect and identify excavations and work operations with barricade flags,
and if required, by flagmen in the daytime, and by warning lights at night.
H. Provide proper trench protection as required by O.S.H.A. when necessary
and depending upon the type of soil, in order to prevent cave-ins
endangering life or tending to enlarge the excavation.
1. Protect the root growth of trees and shrubbery. I
J. Installation of pipe (utility conductors) under Portland Cement Concrete,
asphalt concrete, or other high-type bituminous pavements shall be done by
jacking, auguring or tunneling as directed by the Engineer unless otherwise
authorized. HDPE sleeving shall be an acceptable casing or sleeving material
for telecommunications installations.
K. When removing pavement of Portland Cement Concrete, asphalt concrete or
high-type built-up bituminous surfacing, the pavement shall be removed on
each side of the trench or excavation a distance of nine inches beyond the
trench width and length, in order to provide a shoulder and solid foundation
for the surface restoration.
L. To obtain a straight edge and neat-appearing opening in pavement surfaces,
the following procedure is required:
I) Portland Cement Concrete Pavement - The surface shall be saw-cut
scored two inches deep and the concrete broken out by sledge or
pneumatic hammer chisel.
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421.07
MinuteslEdina City CouncillAuaust 18.1997
2) Asphalt Concrete - The surface shall be cut full depth by pneumatic
hammer chisel.
M. Excavations, trenches and jacking pits off the roadway or adjacent to the
roadway or curbing shall be sheathed and braced depending upon location
and soil stability, and as directed by the City.
N. Excavations, trenches and jacking pits shall be protected when unattended
to prevent entrance of surface drainage.
0. All backfilling must be placed in six inch layers at optimum moisture and
compacted with the objective of attaining I00 percent of AASHO density.
Compaction shall be accomplished with hand, pneumatic or vibrating
compactors as appropriate.
P. Backfill material shall be Class 5, or better in the judgement of the Engineer.
The engineer may permit backfilling with the material from the excavation
provided such material is granular in nature and acceptable to the Engineer.
Q. Compacted backfill shall be brought to street grade and crowned at the
center not more than one inch.
R. Street and pedestrian traffic shall be maintained throughout construction
unless provided otherwise by the permit.
S. No lugs damaging to roadway surfaces may be used.
T. Dirt or debris must be periodically removed during construction.
U. Other reasonable standards and requirements of the Engineer.
Repair and Restoration.
Subd. I Schedule. The work to be done under the permit, and the repair
and restoration of the right-of-way as required herein, must be completed within
the dates specified in the permit, increased by as many days as work could not
be done because of extraordinary circumstances beyond the control of the
permit holder, when work was prohibited as unseasonal or unreasonable or
when extended by the Engineer. In addition to repairing its own work, the permit
holder must restore the general area of the work, and the surrounding areas,
including the paving and its foundations, to the condition that existed before the
commencement of the work but only to the extent the permit holder disturbed
such surrounding areas.
Subd. 2 General Standards. The permit holder shall perform repairs and
restoration according to the standards and with the materials specified by the
Engineer. The Engineer shall have the authority to prescribe the manner and
extent of the restoration, and may do so in written procedures of general
application or on a case-by-case basis. The Engineer in exercising this authority
shall be guided by the following standards and consideration:
A. The number, size, depth and duration of the excavations, disruptions or
damage to the right-of-way.
B. The traffic volume carried by the right-of-way; the character of the
neighborhood surrounding the right-of-way;
C. The pre-excavation condition of the right-of-way; the remaining life-
expectancy of the right-of-way affected by the excavation;
D. Whether the relative cost of the method of restoration to the permit holder is
in reasonable balance with the prevention of an accelerated depreciation of
the right-of-way that would otherwise result from the excavation, disturbance
or damage to the right-of-way; and
E. The likelihood that the particular method of restoration would be effective in
slowing the depreciation of the right-of-way that would otherwise take place.
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MinuteslEdina City CouncillAuaust 18.1997
Subd. 3 City Restoration. The permit holder may request that the City
restore the right-of-way. The permit holder shall pay to the City, in advance, a
cash deposit equaling 150% of the estimated restoration cost. The restoration
cost shall be estimated by the Engineer and shall include an estimate of the
degradation cost. The estimate of the degradation cost shall be based upon
criteria adopted by the Minnesota Public Utilities Commission. Following
completion of the restoration, any funds in excess of the actual restoration cost
and the degradation cost shall be returned to the permit holder.
Subd. 4 Guarantees. The permit holder shall guarantee its work and shall
maintain it for twenty-four (24) months following its Completion. During this
twenty-four month period it shall, upon notification from the Engineer, promptly
correct all restoration work to the extent necessary, using the method required
by the Engineer.
421.08 Permit Limitations. Permits issued pursuant to this Section are valid only for the
area of the right-of-way specified in the application and the permit and only for the dates so
specified. No work shall be extended beyond the permitted area or dates without a new permit
being procured therefore, provided the Engineer may extend the completion date of the work
in accordance with Subd. I of Subsection 421.07.
421.09 Denial of Permit. The Engineer may deny a permit due to the following:
A. Failure to register pursuant to Subsection 421.03.
B. A proposed excavation within a street or sidewalk surface that has been
constructed or reconstructed within the preceding five years unless the
Engineer determines that no other locations are feasible or when
necessitated by an emergency.
C. The applicant is subject to revocation of a prior permit issued pursuant to
this Section.
D. The proposed schedule for the work would conflict or interfere with an
exhibition, celebration, festival or any other similar event.
E. The right-of-way would become unduly congested due to the proposed
facilities and equipment when combined with other uses in the right-of-way
as provided in Subd. 3 of Subsection 421.14.
F. Businesses or residences in the vicinity will be unreasonably disrupted by
the work.
G. The proposed schedule conflicts with scheduled total or partial
reconstruction of the right-of-way.
H. The applicant fails to comply with the requirements of this Section or other
Sections of this Code.
I
421 .I 0 Emergency Work. A registrant may proceed to take whatever actions are
necessary to respond to an emergency, Within two business days after the occurrence of the
emergency the registrant shall apply for the necessary permits, pay the fees associated
therewith and fulfill the rest of the requirements necessary to bring itself into compliance with
this Section for the actions it took in response to the emergency.
I If the Engineer becomes aware of an emergency, the Engineer shall attempt to contact the
local representative of each registrant affected, or potentially affected, by the emergency. In
any event, the Engineer may take whatever action deemed necessary to respond to the
emergency, the cost of which shall be borne by the registrant whose facilities or equipment
occasioned the emergency.
Page 14
‘ I.
1- MinuteslEdina Citv CouncillAuuust 4 8.1997
421 .I I Revocation of Permits. The Engineer may revoke any permit, without a fee
refund, if there is a substantial breach of the terms and conditions of any statute, this Code,
rule or regulation, or any condition of the permitt which substantial breach shall continue
uncured for IO calendar days after the issuance of a written order of the Engineer. A
substantial breach of a permit holder shall include, but shall not be limited to, the following:
A. The violation of any material provision of the permit;
B. An evasion or attempt to evade any material provision of the permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the City or its
citizens;
I
C. Any material misrepresentation of fact in the application for a permit;
D. The failure to maintain the required bonds and insurance;
E. The failure to complete the work in a timely manner; or
F. The failure to correct a condition indicated on an order issued by the
Engineer.
421 .I 2 Appeal.
Subd. I Filing of Appeal. Any person aggrieved by, i) the denial of a permit
application, ii) the denial of a registration, iii) the revocation of a permit or, iv)
the application of the fee schedule imposed by Section 185 of this Code may
appeal to the Council by filing a written notice of appeal with the Clerk. Said
notice must be filed with 20 days of the action causing the appeal.
Subd. 2 Notice of Hearing. The Council shall hear the appeal not later than
30 days after the date the appeal is filed. Notice of the date, time, place, and
purpose of the hearing shall be mailed to the appellant not less than IO days
before the date of the hearing
Subd. 3 Hearing and Decision. The Council shall, at such hearing, hear and
consider any evidence offered by the appellant, the Engineer, and anyone else
wishing to be heard. After hearing the oral and written views of all interested
persons, the Council shall make its decision at the same meeting or at a
specified future meeting.
421.13 Mapping. Within 120 days following completion of any work pursuant to a permit, the
registrant shall provide the Engineer accurate maps and drawings certifying the “as-built”
location of all facilities and equipment installed, owned and maintained by the registrant. Such
maps and drawings shall indicate both the horizontal and vertical location of all facilities and
equipment and shall be provided in a format consistent with the City’s electronic mapping
system. Failure to provide maps and drawings in accordance with this Subsection shall be
grounds for revoking the permit holder’s registration.
421 .I4 Location of Facilities and Equipment.
Subd. I Undergrounding by Telecommunications Right-of-way Users. Any
new construction and the installation of new equipment and replacement of old
equipment of telecommunication right-of-way users shall be underground or
contained within buildings or other structures in conformity with applicable
codes. Provided, telecommunications right-of-way users may attach equipment
and facilities to existing poles and structures maintained by a service or utility
service.
Subd. 2 Corridors. The Engineer may assign specific corridors within the
right-of-way, or any particular segment thereof as may be necessary, for each
type ob equipment that is or, pursuant to current technology, the Engineer
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MinuteslEdina City CouncillAuaust 18.1997
421 .I 5
expects will someday be located within the right-of-way. All permits issued by
the Engineer involving the installation or replacement of equipment shall
designate the proper corridor for the equipment at issue.
Subd. 3 Limitation of Space. To protect health and safety, the Engineer
shall have the power to prohibit or limit the placement of new or additional
equipment within the right-of-way if there is insufficient space to accommodate
all of the requests of registrants or persons to occupy and use the right-of-way.
In making such decisions, the Engineer shall strive to the extent possible to
accommodate all existing and potential users of the right-of-way, but shall be
guided primarily by considerations of the public interest, the public’s needs for
the particular utility service, the condition of the right-of-way, the time of year
with respect to essential utilities, the protection of existing equipment in the
right-of-way, and future City plans for public improvements and development
projects which have been determined to be in the public interest.
Relocation.
Subd. I Relocation for City Purposes. A registrant shall promptly but in no
event more than +I20 days of the City’s request; permanently remove and
relocate at no charge to the City, any facilities or equipment if and when made
necessary by a change in the grade, alignment or width of any right-of-way, by
the construction, maintenance or operation of any City facilities or to protect the
public health, safety and welfare. The registrant shall restore any rights-of-way
to the condition it was in prior to removal and relocation.
Subd. 2 Undergrounding of Relocated Telecommunications Facilities. A
telecommunications right-of-way user shall relocate all above ground facilities
and equipment to underground locations at its own cost and expense at the
City’s request when, i) the City requires the relocation of all telecommunications
facilities and equipment to underground locations or ii) structures or poles to
which the registrant’s facilities or equipment is attached are abandoned or
removed by the owner of such structures or poles.
I
421.1 6 Right-of-way Vacation.
Subd. I Reservation ‘of Right. If the City vacates a right-of-way which
contains the equipment of a registrant, and if the vacation does not require the
relocation of registrant facilities and equipment, the City shall reserve, to and for
itself and all registrants having facilities and equipment in the vacated right-of-
way, the right to install, maintain and operate any facilities and equipment in the
vacated right-of-way and to enter upon such right-of-way at any time for the
purpose of reconstruction, inspecting, maintaining or repairing the same.
Subd. 2 Relocation of Equipment. If the vacation requires the relocation of
registrant facilities and equipment; and (a) if the vacation proceedings are
initiated by the registrant, the registrant must pay the relocation costs; or (b) if
the vacation proceedings are initiated by the City, the registrant must pay the
relocation costs unless otherwise agreed to by the City and the registrant; or (c)
if the vacation proceedings are initiated by a person or persons other than the
registrant or permit holder, such other person or persons must pay the
relocation costs.
421 .I7 Abandoned and Unusable Equipment.
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Minutes/Edina City CouncillAuaust 18. 1997
I 421.18
a) Subd. I Discontinued Operations. A registrant who has determined
to discontinue its operations in the City must either:
A.
B.
b)
of
Provide information satisfactory to the Engineer that the registrant’s
obligations for its equipment in the right-of-way under this Section have
been lawfully assumed by another registrant; or
Submit to the Engineer an action plan for the removal or abandonment of
equipment and facilities. The Engineer shall require removal of such facilities
and equipment if the Engineer determines such removal is necessary to
protect the public health, safety and welfare. The Engineer may require the
registrant to post a bond in an amount sufficient to reimburse the City for
reasonably anticipated costs to be incurred in removing the facilities and
equipment.
Subd. 2 Abandoned Facilities Equipment. Facilities and equipment
a registrant located on the surface of or above a right-of-way or on City
property which, for two years, remains unused shall be deemed to be
abandoned. Such abandoned equipment is deemed to be a nuisance. The City
may exercise any remedies or rights it has at law or in equity, including, but not
limited to, i) abating the nuisance, or ii) requiring removal of the equipment or
facilities by the registrant, or the registrant’s successor in interest.
Subd. 3 Removal of Underground Equipment. Any registrant who has
unusable and abandoned underground facilities or equipment in any right-of-
way shall remove it from that right-of-way during the next scheduled excavation,
to the extent such facilities or equipment is uncovered by such excavation
unless this requirement is waived by the Engineer.
Indemnification and Liability.
Subd. ’l Limitation of Liability. By reason of the acceptance of a
registration or the grant of a right-of-way permit, the City does not assume any
liability (a) for injuries to persons, damage to property, or loss of service claims
by parties other than the registrant or the City, or (b) for claims or penalties of
any sort resulting from the installation, presence, maintenance, or operation of
equipment by registrants or activities of registrants.
Subd. 2 Indemnification. By registering with the Engineer, a registrant
agrees, or by accepting a permit under this Section, a permit-holder is required,
to defend, indemnify, and hold the City whole and harmless from all costs,
liabilities, and claims for damages of any kind arising out of the construction,
presence, installation, maintenance, repair or operation of its equipment, or out
of any activity undertaken in or near a right-of-way , whether or not any act or
omission complained of is authorized, allowed, or prohibited by a right-of-way
permit. It further agrees that it will not bring, nor cause to be brought, any
action, suit or other proceeding claiming damages, or seeking any other relief
against the City for any claim nor for any award arising out of the presence,
installation, maintenance or operation of its equipment, or any activity
undertaken in or near a right-of-way, whether or not the act or omission
complained of is authorized, allowed or prohibited by a right-of-way permit. The
foregoing does not indemnify the City for its own negligence except for claims
arising out of or alleging the City’s negligence where such negligence arises out
of or is primarily related to the presence, installation, construction, operation,
maintenance or repair of said equipment by the registrant or on the registrant’s
behalf, including but not limited to, the issuance of permits and inspection of
Page 17
MinuteslEdina City CouncillAuaust 18.1997
plans or work. This section is not, as to third parties, a waiver of any defense or
immunity otherwise available to the registrant or to the City; and the registrant,
in defending any action on behalf of the City, shall be entitled to assert in any
action every defense or immunity that the City could assert in its own behalf.
421 .I 9 Franchise Holders. If there is a conflict in language between the franchise of a
person holding a franchise agreement with the City and this Section, the terms of the
franchise shall prevail.
Section 3. Any existing right-of-way user required to register pursuant to this Ordinance
shall submit a complete application for registration with all required information not more
than 30 days after passage of this Ordinance.
Section 4. This Ordinance shall be in full force and effect upon passage.
Mayor
Attest:
Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Ordinance Adopted.
I ORDINANCE NO. 1997-10 ADOPTED. AN ORDINANCE AMENDING SECTION 185 OF THE CITY
CODE TO PROVIDE NEW AND REVISED FEES FOR THE MANAGEMENT OF CITY RIGHTS-OF-
WAY Planner Larsen explained on August 4, 1997, Council granted First Reading to Ordinance No.
1997-10, an Ordinance Amending Section 185 of the City Code to Provide New and Revised Fees for
the Management of City Rights-of-way. The Ordinance accompanies Ordinance 1997-9 which
provides new requirements for right-of-way management.
Planner Larsen informed Council staff recommends granting Second Reading for Ordinance No.
1997-1 0.
Member Maetzold moved Second Reading and adoption of Ordinance No. 1997-10 as follows:
EDINA ORDINANCE NO 1997-1 0
AN ORDINANCE AMENDING SECTION 185
OF THE CITY CODE TO PROVIDE NEW AND REVISED FEES
FOR THE MANAGEMENT OF CITY RIGHTS-OF-WAY
The City Council of the City of Edina Ordains:
Section I.
50a, 51,52 and 53 and replacing them with the following:
FEE
SECTION SUBSECTION PURPOSE OF FEE OR CHARGE AMOUNT - NO.
421 421.03 Annual registration $200.00 50
Schedule A of Section 185 of the Code is amended by repealing Fee Nos. 50,
421
421
421.04 Minimum permit fee $70.00
421.04 Per additional excavation $30.00
(paved area)
50a
50b
421 421.04 Per additional excavation $15.00 50c
Page 18
MinuteslEdina City Council/Auuust 18.1997
(unpaved area)
I 421
421
421
421.04 Underground utility/telecom $40.00 per 50d
installation - directional I00 L.F.
boring or tunneling (in
addition to minimum permit
fee)
421.04 Underground utility/telecom $55.00 per 50e
installation - open trenching
(in addition to minimum
permit fee)
I00 L.F.
421.04 Overhead utility/telecom $ 5.00 per 50f
installation (in addition to
minimum permit fee)
I00 L.F.
Section 2. This ordinance shall be in full force and effect upon passage.
Mayor
Attest:
Member Hovland seconded the motion.
Rol I cal I:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith I Ordinance Adopted.
*BID REJECTED FOR PARK SHELTERS AND COMFORT STATIONS Motion of Member Hovland
and seconded by Member Maetzold rejecting bid for various park shelter buildings and
various comfort stations; project to be rebid.
Motion carried on rollcall vote - five ayes.
*BID AWARDED FOR LEAD STABILIZATION FOR SOIL AT BRIAN WIPPERMAN GUN RANGE
Motion made by Member Hovland and seconded by Member Maetzold for award of bid for lead
stabilization for soil at Brian Wipperman Gun Range to recommended low bidder, Superior
Special Services, Inc., at $30,107.50.
Motion carried on rollcall vote - five ayes.
*TRAFFIC SAFETY STAFF REVIEW OF AUGUST 8,1997. APPROVED Motion made by Member
Hovland and seconded by Member Maetzold approving the following actions recommended in
Section A of the August 8,1997, Traffic Safety Staff Review:
I. Install a “Trucks Entering Roadway” advisory sign to the west of 5309 West 70th Street
for eastbound traffic; approve installation of traffic activated flasher if NSP would
desire, at their expense.
2. Move the “No Parking” sign from property at 5230 Ridge Road, as requested, making
the distance between the five STOP signs more consistent;
and to acknowledge Sections B and C.
Motion carried on rollcall vote - five ayes.
*RESOLUTION ADOPTED SETTING OCTOBER 6. 1997. AS PUBLIC HEARING DATE FOR
SPECIAL ASSESSMENTS ON PUBLIC IMPROVEMENTS Motion made by Member Hovland and
seconded by Member Maetzold setting October 6,1997, adopting the following:
Page I9
I
MinuteslEdina City CouncillAuaust 18,1997
RESOLUTION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, MINNESOTA: I I. A public hearing shall be held on the 6'h day of October, 1997 in the Council
Chamber of City Hall at 7:OO p.m. to pass upon the proposed special assessments
for the 1997 construction season. All persons owning property affected by such
improvements at such time and place will be given an opportunity to be heard with
reference to such assessments.
2. The city clerk is hereby directed to cause a notice of hearing on the proposed
assessments to be published in the Edina Sun Current at least two weeks before the
hearing and shall in the notice state the total cost of the improvements. The Clerk
shall also cause mailed notice to be given to the owner of each parcel described in
the assessment roils not less than two weeks before the hearings.
Motion carried on rollcall vote - five ayes.
TOBACCO LEGISLATION DRAFT ORDINANCE ORDERED - ADDRESSING PROVISIONS
CONTAINED IN STATE LEGISLATION Sanitarian Velde informed Council the 1997 State
Legislature passed a new tobacco law that became effective August I , 1997. Current Edina code
addresses the following two of the five provisions in this new law: 1) restriction of self service access
to tobacco and 2) prohibition of tobacco vending machines.
Edina must incorporate the following three Qew provisions into its Code to comply with the new state
law and maintain local control over the sale of tobacco products. I
Administrative Penalty System. Violators currently are charged with a misdemeanor or
gross misdemeanor on Ordinance violations. Under the new law the City must establish an
administrative penalty and hearing process. The following minimum fines have be set by
Statutue: Licensee - $75, $200 and $250 respectively for three violations within a twenty four
month period by any license holder of employee; Clerk - $50.00. Violators must have the right
to be heard before a hearing officer or panel. The hearing could be before the City Council or
the Council could hire a hearing officer or appoint a board for this purpose.
Alternative Penaly System. - The City shall after consulting with interested educators,
parents children, and court official, establish an alternative penalty system for minors who
vilolate tobacco laws.
Mandatory Compliance Checks - Edina's Police Department, as directed by City Council
policy perform two annual compliance checks. To comply with the new statutes, the Council
must incorporate the compliance checks into its tobacco ordinance.
Following a brief discussion, Council directed staff to draft an Ordinance that would include
appropriate fees and bring it before the Council at a later date.
RESOLUTION ADOPTED TERMINATING MORATORIUM ON CONSTRUCTION OF ANTENNAS
AND TOWERS Manager Rosland pointed out in March 1997, the Council placed a moratorium on the
construction, erection and relocation of antennas and towers to allow time to study the issues
involved. Following adoption of Ordinance No. 1997-5, an Ordinance Amending Section 815 to
Provide New Requirements for Antennas and Towers the moratorium may be lifted. Staff
recommends terminating the moratorium on August 28, 1997, as the new Section 815 becomes
effective that date.
Member Maetzold introduced the following resolution and moved its approval:
RESOLUTION
TERMINATING THE MORATORIUM ON
CONSTRUCTION OF ANTENNAS AND TOWERS
Page 20
MinuteslEdina City CouncillAuaust 18.1997
WHEREAS, the City Council, placed a moratorium on the issuance of permits for the erection,
construction, relocation or placement of Towers as defined in Section 815.02 of the Edina City
Code by Ordinance No. 1997-3 and extended said moratorium by Ordinance No. 1997-7; and
WHEREAS, the City Council, has now adopted Ordinance No. 1997-5 enacting new provisions
governing said permits for the erection, construction, relocation or placement of Towers.
BE IT RESOLVED by the City Council of the City of Edina, Minnesota that the moratorium
previously enacted by Ordinance No.1 997-3 and extended by Ordinance No. 1997-7 is hereby
terminated ed as of August 28,1997.
Member Faust seconded the motion.
I
Rollcall: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
RESOLUTION TERMINATING THE MORATORIUM ON PUBLIC RIGHTS-OF-WAY
INSTALLATIONS Manager Rosland reminded the Council in May 1997, a moratorium was placed on
fiber optic installations in the public rights-of-way, allowing time to study the issues and draft an
ordinance. Following adoption of Ordinance No. 1997-9, which enacted new Section 421 on rights-of-
way management, staff recommends terminating the moratorium effective August 19, 1997, the date
the new Section 421 becomes effective.
Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION
TERMINATING THE MORATORIUM ON PUBLIC
WHEREAS, the City Council, placed a moratorium on the issuance of permits for installation
of certain telecommunication facilities in public rights-of-way by Ordinance No. 1997-8; and
WHEREAS, the City Council, has now adopted Ordinance No. 1997-9 enacting new Section421
governing the management of public rights-of-way.
BE IT RESOLVED by the City Council of the City of Edina, Minnesota that the moratorium
previously enacted by Ordinance No.1 997-8 is hereby terminated as of August 19,1997.
Member Maetzold seconded the motion.
RIGHTS-OF-WAY I NSTALLATIO NS
I
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
*RESOLUTION ADOPTED AUTHORIZING INSTALLATION OF CURB AND GUTTER
IMPROVEMENT NO. 8-94 (4600 TOWNES ROAD) Motion made by Member Hovland and
seconded by Member Maetzold adopting the following:
RESOLUTION
The City Clerk reported that a petition for an improvement consisting of Curb and Gutter for
4600 Townes Road has been received in her office on September 19, 1996, signed by the
owners of the real property at 4600 Townes Road. Said petition also requested the Council to
assess the entire cost against the property of such owners.
RESOLUTION ORDERING CURB AND GUTTER
4600 TOWNES ROAD
BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows:
1. It is hereby found and determined that a petition has been filed requesting the Council to
construct curb and gutter improvements at 4600 Townes Road and to assess the entire
cost against the property, and that said petition has been signed by the owner of the real
property on said street where said improvements are to be made.
2. The making of said improvement in accordance with said petition is hereby ordered
pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525,
IMPROVEMENT NO. B-94 FOR
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MinuteslEdina City CouncillAuaust 18.1997
Section 2). The entire cost of said improvement is hereby ordered to be assessed to the
property owner at 4600 Townes Road. I Motion carried on rollcall vote - five ayes
*HEARING DATE SET OF SEPTEMBER 15.1997. FOR VACATION OF UTILITY EASEMENT -
COVENTRY ADDITION Motion made by Member Hovland and seconded by Member Maetzold
setting September 15, 1997, as hearing date for Vacation of Utility Easement for Coventry
Addition.
Motion carried on rollcall vote - five ayes.
*PETITION RECEIVED REQUESTING CURB AND GUlTER (WOODDALE LANE1 Motion made by
Member Hovland and seconded by Member Maetzold acknowledging receipt of petition from
William H. Spell, 5011 Wooddale Lane, requesting a cost estimate for curb and gutter on
Wooddale Lane was referred to the Engineering Department for processing as to feasibility.
Motion carried on rollcall vote - five ayes.
CONCERN OF RESIDENTS
Residents of the area surrounding 609 Blake Road who voiced opposition to the proposed group
home at the subject location were: Lewis Starita, 604 Blake Road; Miguel Fiol, 605 Blake Road;
Daniel McBride, 6308 lnterlachen Boulevard; Charles Hanna, 6330 lnterlachen Boulevard; Ken
Wright, 6321 Waterman Avenue; and Emmy Lou Hanson, 521 Blake Road; and Joe Capetz, 6304
Waterman Avenue.
Comments made in opposition to the use of 609 Blake Road for a group home were: no public
transportation near by; no parking; no sidewalks; difficult access; irregular land; traffic on Blake Road
fast and is very busy; neighbor at 605 Blake Road noted he was hit in his driveway; devaluation of
homes because of the use; could a for-profit business be run in a residential neighborhood; no portion
of the lot is flat - it is just a bad site; corner is hazardous; they take their lives in their hands each time
they leave home because of the tremendous traffic; which City Agency would approve such an
enterprise; he felt harassed in his own neighborhood; and Hennepin County Commission Tambornino
should be made aware of the neighbors concerns.
Manager Rosland responded if an application were submitted to the State for a group home at the
subject property, both the Building Department and the Health Department would need to inspect the
property-
Member Kelly suggested a letter be sent to the State explaining the position of the neighbors,
concerns with the site, and the possibility of housing Alzheimer’s patients in such an unsafe
environment.
Member Faust said she had talked to the prospective buyer and the plan was to house ten residents.
She explained to the buyer that a variance would be required for any more than six non-related
residents per household.
Member Hovland commented this seems like an ill conceived idea given the velocity of traffic and
parking. He believes the prospective buyer should be encouraged not to close on the property.
Planner Larsen said he was not aware of any application pending with the State for a group home at
that location but the buyer could be pursuing the purchase with the acceptable number of residents.
He added that staff would not support any change in zoning for the home.
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MinutedEdina City CouncillAuaust 18. 1997
Following a brief Council discussion, consensus was for staff to draft a letter to Hennepin County
Commissioner Tambornino expressing health and safety concerns for residents of the prospective
group home at 609 Blake Road. I No further discussion or action ensued.
I,
CLAIMS PAID Member Kelly made a motion to approve payment of the following claims as
shown in detail on the Check Register dated August 12, 1997, and consisting of 33 pages:
General Fund $467,292.01; C.D.B.G. $19.50; Communications $2,917.61 ; Working Capital
$94,928.22; Art Center $7,728.07; Swimming Pool Fund $1 1,614.32; Golf Course Fund
$68,870.69; Ice Arena Fund $1 8,304.83; Gun Range Fund $367.43; EdinboroughlCentennial
Lakes $27,052.82; Utility Fund $191,068.42; Storm Sewer Utility Fund $8,573.02; Recycling
Program $42,082.89; Liquor Dispensary Fund $21 5,522.02; Construction Fund $414,857.60;
Park Bond Fund $704,155.45; TOTAL $2,195,354.90; and for confirmation of payment of the
following claims as shown in detail on Check Register dated August 6, 1997, and consists of 2
pages; General Fund $127,112.39; Working Capital $271.80; Golf Course Fund $47.93; Liquor
Dispensary Fund $57,130.99; 1-494 Commission $1 3,007.84; TOTAL $1 97,570.95.
Rollcall :
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Smith declared the meeting
adjourned at 9:40 P.M.
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