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. .
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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
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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
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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
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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).;
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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
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Mr. Rosland recommended that the City
In response to Member Turner, Mr. Rosland
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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.
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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