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HomeMy WebLinkAbout19830321_regular240 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 21, 1983 Answering rollcall were Members Richards, Schmidt, Turner and Mayor Courtney. MINTJTES of November 1, 1982, and March 7, 1983, were approved as submitted by motion of Member Schmidt, seconded by Member Turner. EDINARIGH SCHOOL HOCKEY TEAM COMMENDED. Resolution of Commendation to the Edina High School Hockey Team, which resolution was unanimously adopted: Mayor Courtney presented the following I RESOLUTION OF COMMENDATION THE EDINA HIGH SCHOOL HOCKEY TEAM WHEREAS, Edina's long-standing superiority in youth hockey was again asserted in the 1982-83 hockey season, with the Edina High School Hockey Team representing Edina for the 20th time in the Minnesota State Hockey Tournament; and WHEREAS, the Edina High School Hockey team won the consolation championship in the Minnesota State Hockey Tournament, completing the season with a record of 21wins, 3 losses and 2 ties; and LTBREAS, the outstanding success of the Edina High School in hockey is due in large part to the untiring efforts of many parents who participate in the compre- hensive Edina Youth Hockey Program; and WHEREAS, as representatives of the City of Edina, the members of the team con- ducted themselves in a gentlemanly manner and exemplified the highest standards of athletic proficiency and good sportsmanship; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, on behalf of the citizenry as a whole, that all members of the Edina High School Hockey Team be publicly commended for their outstanding accomplishments; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the Edina City Council and that appropriate copies be pre- sented to the members of the team; John Basill, Dan Carroll, Steve Enrico, Tim Eickhoff, Jon Forest, Mike DeVoe, Greg Dornbach, Andy Hatch, Mark Humphrey, Jeff Luger, Greg McKush, Bill Mork, Paul Roff, Paul Ranheim, Mike Roberts, David Sarp, Steve Shaffer, Tom Terwilliger, John VanderVork, Dan Wurst, Student Managers Ted Caldwell and Sean Dodge, Assistant Coaches Bart Larson and Bob O'Connor, Coach Willard Ikola, Athletic Directors Bud Bjerken and Sara Lykken, Principal James Cabalka and Superintendent of Schools Dr. Ralph Lieber. EDINA HIGH SCHOOL GIRLS BASKETBALL TEAM COMMENDED. the following Resolution of Commendation to the Edina High School Girls Basket- ball Team, which resolution was unanimously adopted: Mayor Courtney also presented RESOLUTION OF COMMENDATION THE EDINA HIGH SCHOOL GIRLS BASKETBALL TEAM WHEREAS, during the 1982-83 season, the Edina Girls Basketball Team has compiled an enviable record of nineteen wins and five losses; and WHEREAS, the Edina Girls Basketball Team has represented Edina in the 1983 Class AA Minnesota State Girls Basketball Tournament, winning runner-up in the Tourna- ment; and WHEREAS, as representatives of the City of Edina, the members of the team con- ducted themselves in a courteous manner and exemplified the highest standards of athletic proficiency and good sportsmanship; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, on behalf of the citizenry as a whole, that all members of the Edina High School Girls Basketball Team be publicly commended for their outstanding accomplishments, and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the Edina City Council and that appropriate copies be pre- sented to members of the team; Lynn Anderson, Virginia Anderson, Lea Blackwell, Bonnie Burke, Amy Cardarelle, Martha Goldberg, Kathy Halloran, Jane Hamill, Susan Harris, Clare Hohman, Liz Kelley, Kelly Leinfelder, Mary McDonnell, Betsy Ready, Kattie Tanner, Student Manager Karlan Miller, Assistant Coaches Mary Man- derfeld and Mary Beth Cavert, Head Coach Doug Galligher, Athletic Directors Bud Bjerken and Sara Lykken, Principal James Cabalka and Superintendent of Schools Dr. Ralph Lieber. . I HEDBERG AND SONS REZONING AND PRELIMINARY PLAT HEARING CONTINUED TO 4-18-83. As recommended by Mr. Hughes, Member Schmidt's motion was seconded by Member Richards, to continue the public hearing on the Hedberg and Sons property for rezoning and preliminary plat approval to April 18, 1983. Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. 3/21/83 PEARSON/ELMER TOWNHOUSES REZONING AND PRELIMINARY PLAT HEARING CONTINUED TO 4-4-83. As recommended by Mr. Hughes, Member Schmidt's motion was seconded by Member Richards, to continue the public hearing on the Pearson/Elmer Townhouses for rezoning and preliminary plat approval to April 4, 1983. Ayes: Richards, Schmidt, Turner and Courtney Nays: None Motion carried. WESTRIDGE ESTATES GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Westridge Estates for preliminary plat approval, advising that that the subject property measuring.two acres in area and zoned R-1, Single Family Dwelling District, is bordered on the north by Valley View Road, on the south by the Crosstown Highway, on the west by a single family dwelling and on the east by MNGtS.railroad. He recalled that a rezoning request for this property to PRD-2 Planned Residential District to allow construction of two 4-unit buildings had been denied by Council in 1979. the property in order to permit the construction of five single family dwellings with the proposed lots ranging from 12,400 to 16,200 square feet in area. These lots would be served by a short cul de sac from Valley View Road and conform to all requirements of the Zoning Ordinance. opinion the proponent has returned with a development plan which responds to the concerns expressed by the Council and neighborhood in 1979; that the proposed density has been reduced and a development which is more compatible with the surrounding neighborhood is proposed, and would therefore recommend preliminary plat approval subject to execution of a developer's agreement and subdivision dedication. Mr. Don Berg, proponent, was present and stated he would appreciate receiving preliminary approval for the subdivision as proposed. a question from the audience, Mr. Berg stated that these would be quality type homes and are expected to sell in the $125,000 to $145,000 range. comments being heard, Member Schmidt offered the following resolution and moved its adoption: .? The proponent is now requesting a subdivision of Mr. Hughes stated that in staff's In response to No further RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR WESTRIDGE ESTATES BE IT RESOLVED by the Edina City Council that that certain plat known as West- ridge Estates, platted by Don Berg Construction Company, and presented for pre- liminary plat approval at the Edina City Council Meeting of March 21,'1983, be and is hereby granted preliminary plat approval subject to execution of a develop- er's agreement and subdivision dedication. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Nays: None Resolution adopted. BRAEMAR ASSOCIATESIKLODT DEVELOPMENT COMPANY PLAN AMENDMENT CONTINUED TO 4-18-83. As recommended by Mr. Hughes, Member Schmidt's motion was seconded by Member Richards, to continue the public hearing on the amendment to PRD-3 Planned Resi- dential District overall development plan for Braemar Associates/Klodt Develop- ment Company to April 18, 1983. Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. CDBG BUDGET FOR PROGRAM YEAR IX ADOPTED. by Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes presented a proposed budget for Year IX of the Community Development Block Grant (CDBG) Program, advi.sing that one public hearing is required at the local level, and that Edina's allocation for Year IX is approximately $214,000, about 10% less than last year. He indicated that all activities proposed represent projects continued from Year VI11 or earlier; that rehabilitation of private property, assistance to low and moderate income housing development and handicapped access improvements have been budget items for several years. sponsor project was initiated last year to assist with the development of housing in the Winfield-Laukka Mixed Use Project and the public services project was also started in Year VI11 to assist South Hennepin Human Services Council through its H.O.M.E. Program which provides maintenance and repair service to senior citizens in Fdina. Mr. Hughes explained that following approval of the budget by the City Council, the Planning Area Citizen Advisory Committee reviews it and forwards it to the Hennepin County Board. in the last two years we have used.alL.tfie funds'budgeted for rehabilitation of private property and that the handicapped access improvements are all planned within the City's park facilities with work completed at the arena, some work done at the swimming pool and the golf course scheduled next. Affidavits of Notice were presented The non-profit housing In response to Member Turner, Mr. Hughes stated that As recommended by 3/21/83 242 Mr. Hughes, Member Schmidt then offered the following resolution and moved its adoption: RESOLUTION APPROVING APPLICATION FOR YEAR IX COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BE IT RESOLVED that the Edina City Council does hereby approve the following budget for application for Year IX Community Development Block Grant Program: .- Rehabilitation of Private Property $ 30,000 Assistance to Low and Moderate Income Housing Development 107,449 Handicapped Access Improvements to Public Properties 50,000 Public Services (H.O.M.E.) 6,600 $214,049 Non-profit Housing Sponsor 20,000 Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes : Richards , Schmidt , Turner, Courtney Nays: None Resolution adopted. GRACE CWRCH EXPANSION DISCUSSED. Mayor Courtney called Council's attention to a letter from Mary R. Thatcher, 5309 Halifax Avenue So., in which she expressed her concern ahd that of her neighbors over the continuing expansion of Grace Church in an established residential neighborhood. Mr. Rosland reminded Council that . this matter had been discussed before as to placing a moratorum on this type of . development and the decision at that time had been not to do so. He further in- dicated that the City Planner is working on revisions to the Zoning Ordinance which will address non-residential uses in the Single Family District and other issues. man for a newly formed neighborhood association. there should be more input from the community on a development of this nature because of its impact on a residential neighborhood. the letter was written because of the frustration felt by the residents in the Grace Church area over the planned conversion of an entire block of homes to a parking lot, resulting in loss of privacy and more exposure to noise, trespass and vandalism as a direct result of this change. ordinance works to favor this conversion of single family dwellings to institu- tional use and provides no protection for homeowners who prefer that adjoining properties remain residential, and that conversion of R-1 properties to non-resi- dential use for any reason should require a public hearing. stated he shared the neighborhood concern about the church expansion and that he would not support the granting of variances as requ,ested at the Board of Appeals hearing. April 21, 1983, and that the neighborhood association would be notified so that they would have the opportunity to again voice their concerns. reiterated that the last time Council dealt with the question it was related to it was not - Member Schmidt advised that Mrs. Thatcher has been designated as spokes- She stated further that she felt Mrs. Thatcher advised that She stated that the current City D Member Richards .I- Mayor Courtney advised that the variance hearing had been continued Member Turner I I i i I I a road improvement in that area and while a moratortim was discussed, imposed because of the ordinance revision that was being drafted which would deal with this type of problem. No formal action was taken. SANITARY SEWER REHABILITATION REPORT NO. 1 APPROVED. Engineer Hoffman presented a report on a long range sanitary sewer rehabilitation project for District 2, generally located in the Oountry Club District from Bruce Avenue east to the City' boundary, which sewer lines were constructed in the 1920's and are the oldest in the City. of the sanitary sewer system showed some sub-areas that have considerable infiltra- tion and inflow and it was determined that it would potentially be cost effective to correct the major deficiencies; This project. would include an initial eval- uation and have as its objectives a reduction of sewer flows and rehabilitation of the sewage system. Existing manpower from the engineering and sanitary sewer staffs will be utilized and outside technical assistance will be needed for data analysis, televising of lines and flow monitoring. following project activities: 1) Manhole Inspection - to identify specific 1/1 area. 2) Building Inspection - to document inflow related items such as roof drains, area/yard drains, sump pumps and foundation drains. 3) Flow Monitoring - to establish flow rates at specific points in system. 4) Televising Sewer - in selected locations to determine need for rehabilitation. 5) Storm Sewer Flooding - to determine if cross-connections exist between storm and sanitary sewer and to identify inflow source. 6) Smoke Testing - to determine sources of I/I. As these items are completed, some of which are dependent upon completion of the others, an analysis and report will be prepared as to necessary rehabilitation of the system and the final step will be the actual reconstruction activities. He recalled that the recently completed Infiltration/Inflow (I/I) Study I Mr. Hoffman identified the 3/21/83 243 Mr. Hoffman advised that the initial expenditure is estimated at $30,000.00 with approximately $10,000.00 of that amount for consultant and televising services, and that the cost would be paid from funds programmed annually for such items as lift station repair and sewer line rehabilitation. Inspection and Smoke Test-ing activities are related and a letter would have to be sent to each homeowner explaining the procedure and purpose; and that it may not be cost effective to correct problems found as a result of these activities. Two years would be required to complete the project and the results could then be used to evaluate other districts. Member Turner commented that it is important to have a rehabilitation program for the sanitary sewer system inasmuch as it could be cost effective in preventing a major breakdown. Member Schmidt's motion was seconded by Member Turner to direct staff to proceed with the sanitary sewer rehabilitation for District 2 as outlined in the report, with the exception of the building inspection and smoke testing activities and to come back to Council for approval before initiating those activities. He explained that Building Stating that she concurred, Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. EASEMENT VACATIONS FOR CROSSTOWN HILL AND AMUNDSON ROAD HEARING DATE SET. advised of receipt of petitions for vacation of an easement on Lots 1 and 2, Being Block 1, Crosstown Hill and for portion of Amundson Road, Member Turner offered the following resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING ON VACATION OF EASEMENTS FOR DRAINAGE, UTILITY AND ROAD PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minn- esota, as follows: 1. It is hereby found and determined (after receipt of the petition of the land affected thereby) that the following described easement for drainage and utility purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That part of the Southwest 1/4 of the Northeast 1/4 of Section 8, Town- ship 116, Range 21, described as follows: Beginning at the Southwest corner of Lot 1, Block 1, Braemar Oaks; thence Southwesterly at an angle of 106' 49' 58" as turned clockwise from the South line of said Lot 1 to an intersection with a line 818 feet Northerly of and parallel with the South line of said Southwest 1/4 of the Northeast 1/4; thence West a distance of 62.69 feet; thence Northeasterly to the Southeast corner of Outlot A, Braemar Oaks; thence Easterly to the point of beginning. All according to the United States Government survey, and to the recorded plat, Hennepin County (for road and utility purposes; and All of the 5 foot wide drainage and utility easement within Lots 1 and 2, Block 1, Crosstown Hill, lying Southeasterly of the 10 foot wide drainage and utility easement lying parallel with and abutting the Northwesterly line of said Lots 1 and 2 (drainage and utility purposes). 2. notice included in paragraph 3 hereof for the purpose-of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk.is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARINGS ON VACATION OF EASEMENT FOR ROAD AND UTILITY PURPOSES FOR PORTION OF AMLTNDSON ROAD DRAINAGE AND UTILITY EASEMENT WITHIN AND LOTS 1 AND 2, BLOCK 1, CROSSTOWN HILL . NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th St., on April 18, 1983, at 7:OO p.m., for the purpose.of holding public hearings on each of the proposed vacations of the following easements for utility and road purposes and for drain- age and utility purposes described as follows: 3/21/83 That part of the Southwest 1/4 of the Northeast 1/4 of Section 8, Town- ship 116, Range 21, described as follows: Beginning at the Southwest comer of Lot I, Block 1, Braemar Oaks; thence Southwesterly at an angle of 106O 49' 58'' as turned clockwise from the South line of said Lot 1 to an intersection with a line 818 feet Northerly of and parallel with the South line of'said Southwest 1/4 of the Northeast 1/4; thence West a distance of 62.69 feet; thence Northeasterly to the Southeast comer of Outlot A, Braemar Oaks; thence Easterly to the point of beginning. All according to the United States Government survey, and to the recorded plat, Hennepin County. (for road and utility purposes); and 284 I . All of the 5 foot wide drainage and utility easement within Lots 1 and . . .A<. 2, Block 1, Crosstown Hill, lying Southeasterly of the 10 foot wide drainage and utility easement lying parallel with and abutting the Northwesterly line of said Lots 1 and 2 (drainage and utility purposes).; I . All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacations are in the public interest and should be made shall be heard at said time and place. extent to which such proposed easement vacations affect existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corp.oration, or municipality owning or ,-= controlling electric or telephone poles and lines, gas and sewer lines, or water * pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY OKDER OF Tm EDINA CITY COUNCIL. The Council shall consider the .. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Richards, Schmidt, Turner, Courtney Xesolution adoPted . . Nays: None XZR, CLb3 LIQUOR AlEl SUNDAY LIQUOX LICENSES APPROVED. Council was advised of the receipt of the following applications for Beer, Club Liquor and Sunday Liquor Licenses: On-sale Beer: Braemar Golf Course, The Brothers, Daytons Valley View Room, Donaldson's Fifth Floor, Edina American Legion Post 471, Edina Country Club, Ediner, The Empress Restaurant, Gus Young's Biltmore Lanes, Interlachen Country Club, JP's Restaurant, Kings Court, LeBistro, Inc., Los Primos, Monterey Jacks, Normandale Golf, Inc., Original Pancake.House, Rigotto's Pizza, Southdale Bowl, Czechuan Star, TJ's Family Restaurant; Off-sale Beer: Applebaum's Food Market, Byerly Foods of Edina, Jerry's Foods, Kenny's Market, Q Petroleum, Red Owl Country Store, Superamerica 4047, Dennison's Market; Club Liquor and Sunday Liquor: Edina Country Club, Interlachen Country Club. Member Richards' motion for issuance of the licenses upon approval by the Police and Health Departments was seconded by Member Turner. Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. RELAMPING CITY STREETS APPROVED. Mr. Rosland advised that Northern States Power Company (NSP) has approached the City regarding relamping from mercury vapor to t high pressure sodium for the street lights, as the State may mandate this change at some future time. lamps be changed section by section at a cost of $5.00 per lamp, or 2) the lamps can be replaced by NSP as they bum out at no additional cost to the City. additional charge of 50~ per lamp per month is charged by NSP for electricity and-upkeep for the high-pressure sodium&-lamps. This program would be carried out over the next.four to five years. enter into an agreement with NSP to replace the street-lamps as:they burn out @.th.high pressure sodium, but to reserve the right to request they be changed ' by section at the $5.00 per lamp rate to preserve a reasonable uniform appearance on a street or in a neighborhood. explained that the high pressure sodium lamps are more energy efficient in that they provide more lumens at lesser wattage and in converting the City would be practicing the principle of energy savings. Member Schmidt!s motion was seconded by Member Turner authorizing the City Manager and the Mayor, on behalf of the City, to enter into an agreement with Northern States Power Campany to replace the City NSP's proposal is as follows: 1) the City can request the .I An .- Mr. Rosland recommended that the City In response to Member Turner, Mr. Rosland 3 /2l/ 83 245 street lamps as they burn out with high pressure sodium lamps, and reserving the option to request NSP to change on a section Ayes: Richards, Schmidt, Turner, Courtney Nays: None Motion carried. basis at the rate of $5.00 per lamp. FOOD DISTRIBUTION TO BE AT COMMUNITY CENTER. Member Turner informed Council that the next Federal food distribution to low income households will be March 22, 1983, and that one of the sites will be the Edina Community Center. SENATE FILE 66/CABLE TV DISCUSSED. communications Act of 1983 introduced by Senator Gofdwater , Member Turner questioned if this proposed amendment would affect the City and its cable TV franchise. Mayor Courtney advised that if this proposed amendment to the Communications Act of 1934 were passed, it would curtail the rights of local municipalities to administer their cable TV franchises. Herbst, the League of Minnesota Cities has voiced their opposition to the amendment. Mr. Rosland added that this matter was discussed at the last manager's meeting and that the Southwest Suburban Cable Commission is submitting a resolution in opposition to the proposed legislation. No formal action was taken. Referring to Senate File 66, Cable Tele- He stated that upon recommendation by Counsel Adrian STOREFRONT/YOUTH ACTION REPORT DISCUSSED. reports from Storefront/Youth Action and asked if their activities were being monitored, noting that numerous counseling hours are listed under an "Other" catagory. are being used for the community and its residents. Member Turner replied that Storefront/Youth Action is under the guidance of the Human Relations CommissLon and that question would be referred to the Commission. Youth Action is possibly the only agency in the metro area that offers adolescent victim. counseling and thus is serving people from outside the South Hennepin Suburban area. No formal action was taken. Member Richards referred to the monthly His concern was whether the funds allocated to Storefront/Youth Action She advised that Storefront/ . REPRESENTATIVES TO MINNEHAHA CREEK AND 9-MILE CREEK WATERSHED DISTRICTS DISCUSSED. Mayor Courtney informed Council that terms for two representatives to Minnehaha Creek Watershed District will expire in March, 1983, and also that the term of Mrs. Helen McClelland, representing Edina oh the 9-Mile Creek Watershed District Board, will expire in September, 1983. He stated that the City has no represen- tation on the Minnehaha Creek District Board and asked Council to give consideration to names to submit for these terms that will be expiring. No action was taken. ORDINANCE NO. 1120-AI. AMENDING CABLE FRANCHISE ORDINANCE GRANTED 1ST READING. _- Mr. Rosland advised that problems have developed between Mhnesota Cable- systems Southwest and the communities of Eden Prairie and Minnetonka regarding line extension policy. the five community managers' group and also the Southwest Suburban Cable Commission and an agreement was reached with the.cable company.on a new line extension policy. The amendment will not affect Edina which is completely wired, but will insure that any line extensions in Eden Prairie and Minnetonka will be cost effective. Member Turner offered Ordinance No. 1120-Al for First Reading as follows: The managers of those communities.had appeared before THE CITY COUNCIL 1. That Article follows : ORDINANCE NO. 1120-A1 AN ORDINANCE SETTING FORTH A DESCRIPTION OF THE FACILITIES TO BE PROVIDED BY MINNESOTA CABLESYSTEMS-SOUTHWEST, A MINNESOTA LIMITED PARTNERSHIP; AMENDING THE LINE EXTENSION POLICY OF MINNESOTA CABLESYSTEMS-SOUTHWEST; PRESCRIBING UNIFORM MONTHLY RATES AND OTHER CHARGES AND INSTALLATIONS AS SET FORTH HEREIN; AND AMENDING THE EXHIBITS. OF THE CITY OF EDINA ORDAINS: 111, Section 4 of Ordinance No. 1120 be 'amended to read as SECTION 4. FACILITIES. The Grantee shall construct, maintain and continue to provide all facilities and equipment set forth in the Offering or as otherwise provided in Article V, Section 2 and Exhibits A and B hereto, including, but not limited, to the head- end, hubs, distribution system, studios, equipment and other facilities. Grantee's plan, as set forth in the Offering, for implementing the construction, utilization and maintenance of these facilities, including its plans for accommodating future growth and changing needs and desires, shall be fully and timely performed. 2. That Article V, Section 2, be amended to read as follows: SECTION 2. LINE EXTENSION POLICY. A. Service will be provided to residents of the City in areas with an average density less than forty (40) dwelling units per street mile of cable mile, which- ever provides the greater benefit to the subscribers, as determined by City, based upon the cost contribution formula defined below. . , 31 211 83 Residents of the City in areas with an average density of at least forty (40) dwelling units per street mile or cable mile, whichever provides the greater benefit to the subscribers, as determined by City, will not be required to make a cost contribution pursuant to the cost contribution formula below in order to receive service. be the same as elsewhere in the system. the extended area will be determined as follows: The monthly charge for cable service in the extended area shall B. The cost contribution to be allocated to each interested subscriber in 1. Grantee shall estimate the total cost of constructing and maintaining .-. for three (3) years from the date service is available, the line extension to be 1 constructed in the extended area. all labor and material costs necessary to construct and activate that part of the system commencing at the nearest point of existing plant and running to and within the extended area. determined by dividing the total. from (1) above by 40, being the standard mini- mun density. determined by dividing the total number of dwelling units in the extended area by the number of miles in the extended area, and multiplying the resulting number by the standard cost per dwelling unit. 4. The difference between the total costs (1) and the Grantee's contri- bution (3) is the total contribution of the subscribers in the extended area. 5. by dividing the total residents' contribution from (4) above by the number of persons subscribing to the service in the extended area. Service under the line extension policy shall be provided in accordance with the following procedure. 1. Residents in an area with an average density of less than forty (40) dwelling units per street mile or cable mile as determined above, who desire cable service shall petition the Council for designation.as an extended area. The petition shall include a map showing the dwelling units proposed to be included in the designated extended area. included in the extended area. indicating.the trunk cable line that will be constructed to serve the extended area and shall estimate the combined total construction cost and three (3) year maintenance cost for service to the extended area (Section 2.B.1), the Grantee's contribution (Section 2.B.3), and the total contribution of the subscribers (Section 2.B.4). will have thrity (30) days to commit to service, by executing and submitting a commitment form to Grantee. 5. Grantee will estimate the cost to each subscriber according to the foxmula in Section 2.B.5, above, Grantee will notify Council and subscribers of the subscriber cost estimate by U.S. mail. Total construction cost is defined as including 2. The standard cost per dwelling unit in the extended area shall be 3. Grantee's contribution to the cost of the line extension shall be The amount to be paid by each subscribing resident shall be determined C. 2. 3. The Council shall by resolution designate the dwelling unitls to be Upon designation of an extended area, Grantee shall prepare a map 4. Residents within the extended area who wish to become subscribers 6. the subscriber cost estimate in which to deposit the amount of the subscriber cost estimate into an escrow account to be maintained by the City. 7. If the total contribution of the Subscribers is deposited within the time period specified in B.6 above, Grantee shall construct the line extention. Construction shall be completed and service made available to the extention area within twelve (12) months from the end of the subscriber .contribution deposit period. to Grantee all funds in the escrow account. I tion and who wishes to hook up to the line extension within the first three (3) years after service is commenced in the extended area must deposit into an escrow account to be maintained by the city clerk the amount of the subscriber cost estimate deposited by original subscribers under paragraph 6 above. new contributions shall be held in escrow until the end of the third year after service is commenced in the extended area, at which time all funds in escrow shall be divided equally and returned to the'then current subscribers. to the extended area, all new subscribers in the extended area will be provided cable television service under the same terms as all other residents of the City. employees and representatives, harmless and indemnified against any and all loss, costs, damage and expense, including, without limitation, attorneys' fees, now or hereafter incurred by it, and arising out of or due to, or claimed to arise out of or be due to, this ordinance or the process following by City in adopting this ordinance. Subscribers will have thirty (30) days from the date of mailing of I I 8. 9. Upon completion of the line,extension construction, the City will pay Any resident who did not participate by initial subscriber contribu- I All such At the end of the three (3) years following the commencement of service D. Grantee shall hold the City and their respective officers, agents, 3/21/83 3. That Article VI, Section 4.of Ordinance No. 1120 be amended to read as follows: Rates and charges charged by Grantee for monthly service and other charges hereunder shall be uniform, fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on the original cost, less depreciation, of the properties devoted to such service (without regard to any subsequent sale or transfer price or cost of such properties). Installation charges shall be made pursuant to Artiqle V, Section 2 and Exhibits A and B hereto. 4. That Article XIV, Section 2, paragraph H, be amended to read as follows: porated herein by reference. The exhibits are as follows: (1) H. Amended Exhibit A - Map of Contruction by Area, Including Time Schedule Amended Exhibit B - Rate Schedule Each exhibit is a part of this Franchise and each is specifically incor- 5. That Exhibit B be amended by deleting Article I, Section A, paragraph 5, as follows : AMENDED EXHIBIT B GRANTEE SCHEDULE OF RATES I I. SUBSCRIBER NETWORK. b m (xd c') U m .. A. Basic Rates. 1. Tiers Tier 1 Tier 2 Tier 3 Tier 3 2. Universal Service. Converter not re- quired for this service. Family Service. Subscriber owns converter. Subscriber rents converter from Grantee. Full Service. Subscriber owns converter. Subscriber rents converter from Grantee. Expended Service. (Expanded) (Included converter and unit). Standard 150 Ft. Aerial Installation . (First Outlet) $19.95 $19.95 $19.95 $19.95 $19.95 $19.95 Monthlv Free $3.95 Various $5.95 Various* $10.95 Seniors & ; Honebound Free $3.36 Various I I $5.06 Various * $9.31 .. Rates will remain constant for two (2) years after com- mencement of construction of System or until completion of all construction required by Article VI Section.1 of this Franchise, whichever is longer as determined by City. 3. Subscribers will have the option of renting various types of converters as follows: Grantee Converter Rate Schedule Description - 1. Block converter Initial Monthly Rate $1.00 2. OAK L-35 $1.50 - , 3. Scientific Atlanta 6700 -set-up converter $2.50 -descrambler option $3.00 -remote control option $4.00 -addressable feature (not initially available) $5.00 The rental rate shall be added to the appropriate base rate . shown in the table above if the subscriber rents the converter from Grantee. from sources other than the Grantee, however, a Grantee converter or descrambler will be necessary for premium services. 4. The standard installation rate will include the instal- lation of one hundred €ifty (150) feet or less of aerial cable drop to each subscriber dwelling within the initial service area. . Aerial installations within the initial service area in excess of one hundred fifty (150) feet will be charged at cost on a time and material basis. Underground installations will be charged at cost on a time and material basis. Free standard installations on Tiers 2 and 3 will be provided within the first thirty (30) days of energizing newly completed construction areas in the initial service area. Subscribers may choose to rent or buy converters 3/21/83 248 5. Senior citizen and homebound discounts of fifteen percent (15%) will be offered on standard installation and monthly service of Tiers 2 and 3. The discount is available to all dwelling units where the head of the household is a senior, sixty-two (62) years of age or older, or homebound. B. Extra Outlets. *Installation (At) time of initial Installation Monthly Tier 1 Converter not required. $10.00 each Free Tier 2 Subscriber owns receiver. $10.00 each $1.95 each Various** Subscriber rents converter . $10.00 each from Grantee. Tier 3 subscribers owns converter $10.00 each from Grantee. Various ** *Each outlet installaed after the initial installation will be $14.95 each. **Same converter rental option as provided for under Section Ih of this Exhibit B. C. Reconnection. Charges for reconnection of existing installations shall be $14.95 for each reconnection regardless of the number of outlets. : D, -Corkercia1 Rates for Subscriber Network Services. These rates will be subject to negotiation and will depend 1 on the number of outlets required and the type of services se- lected. A typical commercial rate for department store requesting ten (10) outlets on Tier 3 with no converters and no premium pay would be: Installation (at cost on a time and material basis) Monthly Rate 1st outlet $15.00 2nd outlet $10.00 3rd outlet $ 5-00 Additional outlets $ 4.00 E. FM Rates. FM service is included in the rate structures for Tier 2 and Tier 3- F. NultiDle Dwelling Rates. 1. Rates will be negotiated depending on the type of service requested and the number of dwelling units served. generally negotiated for Tiers 1, 2, and 3, and subscribers have the option to pay individually for premium services. Discounts are 2. Low rise (fewer than four stories Typical Percentage Discounts for Tier 3 Service. with no elevator) Fewer than 25 units - 5% ' More than 25 units - 10% High rise 30 to 49 units - 10% 50 to 99 units - 15% 100 to 199 units - 20% 200 units upwards - 25% 3. If the multiple dwelling is occupied by only senior citizens or homebound persons or both, both the multiple dwelling discount and the seniors and homebound discount will apply to the monthly basic cable rate. G. Miscellaneous Provisions Reqardinq Converters. 1. No deposit will be charged on the rental of Grantee converters. Grantee, however, reserves the right to institute a converter deposit if excessive loss or damage to the converter units is experienced. replacement and/or repair of defective units. option to buy them at a price based on the type of conyerter and length of time the converter has been rented. 2. The various monthly converter rental rates include the 3. Subscribers renting Grantee converters will have the I 3/21/83 H. Premium Services. 1, Premium service rates shall be as follows: Monthlv $3.95 7.50 7.50 7.50 7.50 7.50 .. Home Theater Network Home Box Office CINEMAX The Movie Channel Showt ime Premiere 2. A $1.00 per month discount will be 'offered to subscribers taking two (2) or more premium services other than Home Theater Network at any one (1) time. 3. 4. Installation for premium services shall be free with Lockout devices will be available free of charge. the initial installation of Tier 2 or 3 service. number of premium services added at the same time shall be added at a maximum cost of $14.95. Thereafter, any ' 5. Pay-per-view service shall be charged on the basis of the event chosen. The range of charges is expected to be in the . order of $2.00 to $5.00 per event. 11. SERVICES TO GOVERNMENT AND EDUCATION FACILITIES. (INCLUDING LIBRARIES) A. Installation Fees. 1. One cable outlet (per facility) Free At cost of time and materials 2. ??ore than one outlet (per facility) . B. There shall be no monthly charge for Tier 1, 2 or 3. 111. RATES FOR HOME SECURITY STATUS MONITORING. Installation A. Single: fire alarm, medic alert, or security alert button. $49.95 maximum Double: any two services. 99.95 maximum Triple: all three services. 119.95 maximum Intrusion sensor system of . variable de- Grantee or other provider pending on . options taken and provider of system Monthly $4.95 maximur 5.95 maximu: 6.45 maximu: 4.95 up de- options tak and provide of system . pending on B. This rate schedule is exclusive of other third party charges that may be levied by emergency agencies or city licensing. C. Promotional Discounts. Rates in this Exhibit B are maximum rates. Grantee may allow special discounts during promotional or other marketing activities. IV. INSTITUTIONAL NETWORK. A. Installation. Grantee's installation charge will be based upon the cost of material and labor. free of charge on request of any potential institutional network subscriber. Grantee may waive the installation charge. Grantee will provide an installation quote Institutional 'subscribers must supply any conduits, raceways, trenches or other passages necessary to permit installation of cable from the distribution line to the location(s) of the terminal equipment- B. Institutional Network Rates. 1. Institutional rates depend upon the use (video or date channel), the number of points involved in the communication, whether the communication is one-way or two-way, and whether the use is full time (24 hours a day, 365 days a year) or only part time (on an hourly basis). use basis per one thousand (1,000) packets of data. *One (1) packet is eighty (80) characters or less. Packet data rates are calculated on a 3/21/83 2. Rates for transmission capacity do not include the costs of terminal equipment modulators, modems, and demodulators. the a. 3. The institutional subscriber may be charged $20.00 per month. For this charge, Grantee shall provide communications security system equipment installed on the subscriber's premises by Grantee. Such equipment may include addressable taps, trans- mitter and filters or convertex as required and allow access to ! special channels €rum 300 -fo 402 Mflz- 4. Rates are as follows: Type of Service ' Rate For Video (6 MHz*) Channels, used full time twenty-four hours a day) 21 31 4) 3) 41 5) 3) 4) 31 4) 3) One point to one other point on network One point to one other point on network and return One point to all other points on network One point to all other points on network and return $435.00/month max. 865.00/month max. 3,000.00/month max. 6,000.00/month max. For Video (6 MHz) Channels, used part time From one Point to one other point on network $7.50/hour max, From one point to one other point on network and return From one point.to all other points on network From one point to all others points on net- work and return Special Teleconference Yearly Rate for one hour per business day 15.00/hour max, 50.00/hour nax. 110,00/hour max. 1,800-00/year max. For data channel**, full time (0.25 MHz) From one point to one other point on network $36.00/month max. From one point to one other point on net- work and return From one point to all other points on network 232.00/month max. Frcin one point to all other Points on net- 366.00/month nax. work and return For data channel, full time (0.50 MHz) . From one point to one other point on network From one point to one other point' on network and return 56.00/month max. $52.00/month max. 100.00/month max. From one point to all other points on network 355.00/month max. From one point to all other points on network 596.00/month max. and return For data channel, full time (1.00 MHz) From one point to one other point on network $87.00/month max. From one point to one other point on network 168.00/month max. and return , From one point to all other points on network 614.00/month max. From one point to all other points on netowrk 1,050.00/month max. and return For data channel, full time (2.00 MHz) From one point to one other point on network $157,00/month nax, From one point to one other point on network 308.00/month max, and return From one point to all other points on network 1,132.00/month max. From one point to all other points on network 1,960.00/month max. and return Packet switchinq Data Network Data transmission charge connection to Packet Network Cable access Processor Lease $1.00/1,000 packets 100.00 . 25.00/month * *TO calculate the rate for FXvideo channels, multiply the 6 NHz rate by 2.3. **Data channels may be used Eor onaloq signal transmission such as audio. 3/21/83 251 ORDINANCE NO. 434-A7; DECK REQUIREMENT AMENDMENT FOR POOLS ADOPTEDY.2ND READING WAIVED. been granting variances for the deck requirement for special purpose pools and to be consistent with the State Board of Health staff would recommend the ordinance be amended to allow waiver of the deck requirement. offered Ordinance No. 434-A7 and moved its adoption with waiver of Second Reading as follows: Mr. Rosland advised that the Building Construction Appeals Board has Member Schmidt thereupon ORDINANCE NO. 434-A7 AN ORDINANCE AMENDING ORDINANCE NO. 434 TO REGULATE SPECIAL PURPOSE POOLS WHICH ARE LOCATED INDOORS .- THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: addition of the following paragraph at the end of Section 6(g): Section 1. Paragraph (g) of Section 6 of Ordinance No. 434 is amended by The Edina Building Official may waive the deck requirement for a special 11 purpose swimming pool under the following conditions: 1. 2. The pool is located indoors and the pool is accessible from at least one side by a deck; The deck is no less than 4 feet wide as measured perpendicular to the pool's side and no less than 8 feet long as measured parallel with the pool's side; and The pool is no greater than 80 square feet in water surface area. 3. Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Member Richards. This ordinance shall be in full force and effect upon its passage Rollcall: Richards, Schmidt, Turner, Courtney 9 Ayes: Richards, Schmidt, Turner, Courtney Nays: None Ordinance adopted. ATTEST : %4%/6L.L Acting City Clerk CLAIMS PAID. of the following Claims as per Pre-List: General Fund, $427,044.81, Park Fund, -$20,063.03, Art Fund, $1,774.20, Golf Course, $2,445.53, Arena, $8,744.25, Gun Range, $852.44, Water Fund, $8,348.03, Sewer Fund, $3,943.98, Liquor Fund, $72,193.32, Construction, $180.76, IBR Fund, $12.00, Total, $545,602.35. Motion of Member Schmidt was seconded by Member Richards for payment Ayes: Richards, Schmidt, Turner, Courtney Nays: None I , Motion carried. There being no further business, Mayor Courtney declared the meeting adjourned at 8:lO p.m. . ._ . . ). - - -- Acting City Clerk