HomeMy WebLinkAbout19861103_regular,
274 MINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
NOVEMBER 3, 1986
Answering rollcall were Members Bredesen, Kelly, Richards, Turner and Mayor
Courtney.
DR. C. V. ROCKVELL COMMENDED FOR SERVICE. Mayor Courtney introduced the following
resolution, and Member Turner moved its adoption:
WHEREAS, Dr. C. V. Rockwell began practicing medicine in Edina in 1948; and
WHEREAS, he provided medical support for the Edina Police and Fire Department until
1960; and
WHEREAS, he served faithfully as the Edina Health Officer from 1958 to 1968; and
WHEREAS, he provided emergency first-aid training for the early Edina Rescue
Squad.
NOW, THEREFORE, BE IT RESOLVED that I, C. Wayne Courtney, Mayor of the City of
Edina, join with the members of the Council, staff and all the citizens of Edina
in expressing our sincere appreciation to:
for his unselfish and dedicated service to the City and to his fellow citizens.
Motion for adoption of the resolution was seconded by Member Kelly.
RESOLUTION OF APPRECIATION
I
DR. C. V. ROCKWELL
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
Dr. Rockwell accepted the commendation award, and the Council expressed a heart-felt
thank-you to him.
MINUTES of the Special Budget Meetings of September 9 and 12, 1986, were approved
by motion of Member Kelly, seconded by Member Turner.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
CONSENT AGENDA ITEMS ADOPTED.
Turner to adopt the consent agenda, deleting items VI and VIII-C.
Motion was made by Member Kelly, seconded by Member
.
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried. I- *LOT DIVISION APPROVED FOR LOT 22, BLOCK 1, INTERLACHEN HILLS 3RD ADDITION (5528-30
MALIBU DRIVE). Motion was made bv Member Kelly. seconded bv Member Turner Eo adopt -
the following resolution:
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows :
Parcel A: That part of Lot 22, Block 1, INTERLACHEN HILLS THIRD
ADDITION, Hennepin County, Minnesota, which lies North of the following
described line:
RES OLTJT ION
Lot 22, Block 1, INTERLACHEN HILLS THIRD ADDITION, and
Commencing at the northwest corner of said Lot 22; thence on an
assumed bearing of South 10 degrees 28 minutes 12 seconds East along
the west line of said Lot 22 a distance of 93.69 feet to the point
of begirining of the line to be described; thence North 78 degrees
07 minutes 38 seconds East a distance of 123.55 feet to the East
line of said Lot 22 and there terminating.
Subject to an easement to allow the use, maintenance and repair of the
existing second story dwelling unit by the property adjacent to the
south over the following described part thereof:
Commencing at the northwest corner of said Lot 22; thence on an
assumed bearing of South 10 degrees 28 minutes 12 seconds East along
the west line of said Lot 22 a distance of 93.69 feet; thence North
78 degrees 07 minutes 38 seconds East a distance of 92.79 feet to a
point which lies 30.76 feet westerly as measured along said line from
the east line of said Lot 22 and the point of beginning of the ease-
ment to be described; thence North 11 degrees 52 minutes 22 seconds
West a distance of 18.50 feet; thence South 78 degrees 07 minutes
38 seconds West a distance of 8.90 feet; thence South 11 degrees 52
minutes 22 seconds East a distance of 5.66 feet; thence South 78
degrees 07 minutes 38 seconds West a distance of 33.93 feet; thence
South 11 degrees 52 minutes 22 seconds East a distance of 12.84 feet;
thence North 78 degrees 07 minutes 38 seconds East to the point of
beginning; and
Parcel B: That part of Lot 22, Block 1, INTERLACHEN HILLS THIRD ADDITION,
Hennepin County, Minnesota, which lies South of the following described line:
1113186
m r m 5
215
Commencing at the northwest corner of said Lot 22; thence on an
assumed bearing of South 10 degrees 28 minutes 12 seconds East along
the west line of said Lot 22 a distance of 93.69 feet to the point
of beginning of the line to be described; thence North 78 degrees
07 minutes 38 seconds East a distance of 123.55 feet to the East
line of said Lot 22 and there terminating.
Together with an easement to allow the use, maintenance and repair of the
existing second story dwelling unit which extends over that part of the
property adjacent to the north described as follows:
Commencing at the northwest corner of said Lot 22; thence on an
assumed bearing of South 10 degrees 28 minutes 12 seconds East along
the west line of said Lot 22 a distance of 93.69 feet; thence North
78 degrees 07 minutes 38 seconds East a.distance of 33.93 feet;
thence South 11 degrees 52 minutes 22.seconds East a distance of
12.84 feet; thence North 78 degrees 07 minutes 38 seconds East
to the point of beginning.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 801 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the Ciry of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 825 are hereby waived to allow said division and conveyance thereof
as separate tracts of land but are not waived for any other purpose or as to any
other provision thereof, and subject, however, to the provision that no further
subdivision be made of said Parcels unless made in compliance with the pertinent
ordinances of the City of Edina or with the prior approval of this Council as may
be provided for by those ordinances.
Motion carried on rollcall vote, five ayes.
*LOT DIVISION APPROVED FOR LOT 23, BLOCK 1,- INTERLACHEN HIL'LS 3RD ADDITION (5532-34
MALIBU DRIVE). Motion was made by Member Kelly, seconded by Member Turner to adopt
the following resolution:
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
Parcel A: That part of Lot 23, Block 1, INTERLACHEN HILLS THIRD
ADDITION, Hennepin County, ,Minnesota, which lies North of the following
described line:
RESOLUTION
Lot 23, Block 1, INTERLACHEN HILLS THIRD ADDITION, and
Commencing at the northwest corner of said Lot 23; thence on an
assumed bearing of South 10 degrees 27 minutes 56 seconds West along
the west line of said Lot 23 a distance of 93.15 feet to the point .
of beginning of the line to be described; thence South 83 degrees
00 minutes 18 seconds East a distance of 121.12 feet to the East
line of said Lot 23 and there terminating.
and
Parcel B: That part of Lot 23, Block 1, INTERLACHEN HILLS THIRD ADDITION,
Hennepiv'county, Minnesota, which lies South of the following described line:
Commencing at the northwest corner of said Lot 23; thence on an
assumed bearing of South 10 degrees 27 minutes 56 seconds West along
the west line of said Lot 23 a distance of 93.15 feet to the
point of beginning of the line to be described; thence South 83
degrees 00 minutes 18 seconds East a distance of 121.12 feet to the
East line of said Lot 23 and there terminating.
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 801 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that
the conveyance and ownership of said Parcels as separate tracts of land is hereby
approved and the requirements and provisions of Ordinance No. 801 and ordinance No. 825 are hereby waived to allow said division and conveyance thereof as separate
tracts of land but are not waived for any other purpose or as to any other provision
thereof, and subject, however, to the provision that no further subdivision be
made of said Parcels unless made in compliance with the pertinent ordinances of the
City of Edina or with the prior approval of this Council as may be provided for by
those ordinances.
Motion carried on rollcall vote, five ayes.
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276
*LOT DIVISION APPROVED FOR LOT 6, BLOCK 1, GLEASON COURT (6504-06 GLEASON COURT).
Motion was made by Member Kelly, seconded by Member Turner to adopt the following
resolution:
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have requested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows:
Parcel A: That part of Lot 6, Block 1, GLEASON COURT, City of Edina,
Hennepin County, Minnesota, lying westerly of a line drawn from a
point on the north line of said Lot 6 distant 62.24 feet east of the
northwest corner thereof to a point on the south line of said Lot 6
distant 67.75 feet east of the southwest corner thereof, as measured
along said south line, and reserving easements of record.
and
Parcel B: That part of Lot 6, Block 1, GLEASON COURT, City of Edina,
Hennepin County, Minnesota, lying easterly of a line drawn from a point
on the north line of said Lot 6 distant 62.24 feet east of the north-
west corner thereof to a point on the south line of said Lot 6 distant
67.75 feet east of the southwest corner thereof, as measured along said
south line, and reserving easements of record..
RESOLUTION
Lot 6, Block 1, GLEASON COURT, and
1
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create un unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the Sub-
division and Zoning Regulations as contained in the City of Edina Ordinance Nos.
801 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that
the conveyance and ownership of said Parcels as separate tracts of land is hereby
approved and the requirements and provisions of Ordinance No. 801 and Ordinance No.
825 are hereby waived to allow said division and conveyance thereof as separate
tracts of land but are not waived for any other purpose or as to any other provision
thereof, and subject, however, to the provision that no further subdivision be made
of said Parcels unless made in compliance with the pertinent ordinances of the City
of Edina or with the prior approval of this Council as may be provided for by those
ordinances.
Motion carried on rollcall vote, five ayes.
*LOT DIVISION APPROVED FOR LOT 2, BLOCK 1, THE HABITAT (6104-06 WATERFORD COURT).
Motion was made by Member Kelly, seconded by Member Turner to adopt the following
resolution:
WHEREAS, the following described property is at present a single tract of land:
WHEREAS, the owners have reyuested the subdivision of said tract into separate
parcels (herein called "Parcels") described as follows :
Parcel A: That part of Lot 2, Block 1, THE HABITAT, lying westerly
of a line, and its extensions, drawn from a point on the southerly
line of said Lot 2 distant 25.23 feet west of the southeast corner
thereof, as measured along said southerly line, to a point on the
northerly line of said Lot 2 distant 86.67 feet west of the north-
east corner thereof, and reserving easements of record.
and
Parcel B: That part of Lot 2, Block 1, THE HABITAT, lying easterly
of a line, and its extensions, drawn from a point on the southerly
line of said Lot 2 distant 25.23 feet west of the southeast corner
thereof, as measured along said southerly line, to a point on the
northerly line of said Lot 2 distant 86.67 feet west of the northeast
corner thereof, and reserving easements of record; and
Parcel B: That part of Lot 2, Block 1, THE HABITAT, lying easterly
of a line, and its extensions, drawn from a point on the southerly
line of said Lot 2 distant 25.23 feet west of the southeast corner
thereof, as measured along said southerly line, to a point on the
northerly line of said Lot 2 distant 86.67 feet west of the north-
east corner thereof, and reserving easements of record.
RESOLUTION
Lot 2, Block 1, THE HABITAT, and
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 801 and 825;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land is
hereby approved and the requirements and provisions of Ordinance Nos. 801 and
Ordinance No. 825 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose or
as to any other provision thereof, and subject, however, to the provision that
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217
no further subdivision be made of said Parcels unless maL2 in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
Motion carried on rollcall vote, five ayes.
*HEARING DATE SET FOR PLANNING MATTER.
by Member Turner, setting November 17, 1986, as hearing date for Ordinance No.
451-A5, an Ordinance Establishing Standards for Signage in the Mixed Development
Zoning District, MD-3, MD-4 and MD-5.
Motion carried on rollcall vote, five ayes.
Motion was made by Member Kelly, seconded
VACATION OF UTILITY EASEMENTS CONTINUED TO 11/17/86. Motion of Member Bredesen to
continue to November 17, 1986, the vacation of utility easements for Lots 1, 2, 3
and 12, Block 1, Grandview Plateau was seconded by Member Turner.
Ayes :
Motion carried.
Bredesen, Kdlly, Richards, Turner, Courtney
LOT 4, BLOCK 2, OAK RIDGE OF EDINA UTILITY AND DRAINAGE EASEMENT VACATION GRANTED.
Affidavits of Notice were presented by Acting Clerk, approved and ordered placed
- on file. Mr. Hoffman explained that this was a request to vacate a portion of the
utility and drainage easement at 5004 Nob Hill Drive. Approximately eight feet
of the foundation of the home encroaches on the utility easement area, and a timber
retaining wall is built on this easement area. Staff recommends the vacation of
the easement where this approximate eight-foot encroachment exists and the accep-
tance of the timber wall. Mr. Barry Willmert, 6630 Normandale Road, indicated
that he sold the property to the developer. He objects to staff's recommendation
that the easement vacation be granted because of the words in the covenant recorded
at Hennepin County which state that no structure, fence, planting or other material
shall be placed which may damage or interfere with the maintenance of utilities.
Mr. Willmert asks that the easement be cleared and put back in its original state.
Mr. Hoffman explained that an easement is something which the staff creates and
that there is no code book dictating easement sizes. Mr. Erickson stated that the
only issue for the City is whether or not it is an appropriate thing publicly for
the City to vacate the easement; if there are some private restrictions, those can
be privately enforced.
and Mr. Erickson said that this would be appropriate. Mr. Michael Halley, the
petitioner, explained that the area of encroachment with regard to the easement is
approximately two feet wide. He feels that the waiver may complicate the title
issue. Member Bredesen questioned if it was reasonable to vacate without a waiver,
and Mr. Erickson indicated that it was reasonable to do so. With no further
discussion being heard, Member Bredesen introduced the following resolution and
moved its adoption:
RESOLUTION VACATING DRAINAGE AND UTILITY EASEMENT
WHEREAS, a resolution of the City Council, adopted the sixth day of October, 1986,
fixed a date for a public hearing on a proposed vacation of easement for drainage
and utility purposes; and
WHEREAS, two weeks' published and posted notice of said hearing was given and the
hearing was held on the third day of November, 1986, at which time all persons
desiring to be heard were given an opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the
public that said easement vacation be made; and
WHEREAS, the Council has considered the extent to which the vacation affects
existing easements within the area of the vacation and the extent to which the
vacation affects the authority of any person, corporation, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following described portion of the easement is hereby
vacated:
Mr. Richards suggested attaching a "waiver of any harm done,"
That portion of the 7.5 foot Drainage and Utility Easement across the
easterly portion of Lot 4, Block 2, OAK RIDGE OF EDINA, described as
follows :
Commencing at the most southerly corner of said Lot 4; thence on an
assumed bearing of North 3 degrees 09 minutes 08 seconds East along
the easterly line of said Lot 4, a distance of 76 feet; thence North
86 degrees 50 minutes 52 seconds West, a distance of 5.50 feet to
the point of beginning of the tract of land to be described; thence
North 86 degrees 50 minutes 52 seconds West, a distance of 2.00 feet;
thence North 3 degrees 09 minutes 08 seconds East, parallel with the
easterly line of said Lot 4, a distance of 7.00 feet; thence South
86 degrees 50 minutes 52 seconds East, a distance of 2.00 feet; thence
South 3 degrees 09 minutes 08 seconds West, a distance of 7.00 feet
to the point of beginning.
11/3/86
278
and that the City Clerk is authorized and directed to cause a notice of completion
of proceedings to be prepared, entered in the transfer record of the County Auditor,
and filed with the Register of Deeds, in accordance with Minnesota Statutes,
Section 412.851.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
*ORDINANCE NO. 731-A7 (TO INCLUDE A LICENSE FEE REDUCTION) ADOPTED; SECOND READING
WAIVED. Motion was made by Member Kelly, seconded by Member Turner, to adopt the
following ordinance, waiving Second Reading:
ORDINANCE NO. 731-A7
AN ORDINANCE AMENDING ORDINANCE NO. 731
TO INCLUDE A LICENSE FEE REDUCTION FOR LICENSED FOOD
ESTABLISHMENT EEPLOYING A CERTIFIED MANAGER OR OPERATOR
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
following paragraph after the listing for license fees:
license or a catering food establishment license shall be reduced by $50.00
where the owner or the operator or the manager is trained and certified by a
public or private organization or entity approved by the City in Hazard Analysis
and Critical Control Point Menu Analysis, or similar training approved by the City,
and such certification is current at time of issuance of the license and will be
valid during the license term."
Sec. 2.
publication.
Section 1.
"The fee for a food establishment license or take-out food establishment
Section 5 of Ordinance No. 731 is hereby amended by adding the
This Ordinance shall be in full force and effect upon its passage and
Motion carried on rollcall vote, five ayes.
*ORDINANCE NO. 1101-All (TO PENALIZE LATE PAYMENT OF SEWER SERVICE BILLS) ADOPTED;
SECOND READING WAIVED.
to adopt the following ordinance, waiving Second Reading:
Motion was made by Member Kelly, seconded by Member Turner,
ORDINANCE NO. 1101-All
AN ORDINANCE AMENDING ORDINANCE NO. 1101
TO DELETE DISCOUNT AND ADD PENALTY
FOR LATE PAYMENT OF SETJFR SERVICE BILLS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
to read as follows:
Section 1. Subparagraph (d) of Sec. 1 of Ordinance No. 1101 is hereby amended
"(a) Terms. All bills will be payable at the Edina City Hall within 21
days of the date rendered.
received within the 21-day period.
days after the billing date, the City may certify the same to the County Auditor
of the County of Herinepin, and, if certified, the same shall be collected and
the collection thereof enforced in the same manner, in all respects as County -
and State taxes, and they shall be added'to such taxes, subject to like penalty,
costs and interest charges; provided, however, that such certification shall not
preclude the City or its agent from recovery of such delinquent accounts and
interest under any other available remedy. The County Treasurer of Hennepin
County shall, when such sewer rental charges are collected, forthwith pay them
over to the City Treasurer."
and publicat ion.
A 10% penalty will be charged if payment is not
If such rental charge is not paid within 30
Sec. 2. This Ordinance shall be in full force and effect upon its passage
Motion carried on rollcall vote, five ayes.
*ORDINANCE NO..llll-AlO (TO PENALIZE LATE PAYMENT OF WATER SERVICE BILLS) ADOPTED;
SECOND READINGWAIVED.
to adopt the following ordinance, waiving Second Reading:
Motion was made by Member Kelly, seconded by Member Turner,
ORDINANCE NO. iiii-~i~
AN ORDINANCE AMENDING ORDINANCE NO. 1111
TO REFERENCE ORDINANCE NO. 171,
DELETE DISCOUNT AND ADD PENALTY
FOR LATE PAYMENT OF WATER SERVICE BILLS
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Ordinance No. 1111 is hereby amended to read as follows:
rates as.set out in Ordinance No. 171. Water consumed in the distrfct described
as the East side of Beard Avenue from 54th Street to Fuller Street and both sides
Section 1. Subparagraphs (a) , (b) and (c) of Sec. 3 entitled "Rates." of
"(a) Water consumed will be charged on the basis of meter readings at the
I
I-
I
of Abbott Place from 54th Street to Beard Avenue will be charged at rates set out in
Ordinance No. 171. The aforementioned excepted district is served with water
purchased by the City from the City of Minneapolis, and the Council has duly
considered all pertinent facts and finds that the higher rate is fair and reasonable.
11/3/86
279
(b) A minimum charge per quarter as set out in Ordinance No. 171 will be made where
water consumption amounts to less.
(c) Flat annual charges as set out in Ordinance No. 171 shall be made by the water
system for the following:
(1) Park Department for water used for sprinkling and skating rinks
(2) Street Department for water used in flushing streets"
Sec. 2. Subparagraph (b) of Sec. 4 of Ordinance No. 1111 is hereby amended
"(b) All bills will be payable at the Edina City Hall within 21 days of date
to read as follows:
rendered.
21-day period. I'
Sec. 3.
and publication.
A 10% penalty will be charged if payment is not received within the
This ordinance shall be in full force and effect upon its passage
Motion carried on rollcall vote, five ayes.
*ORDINANCE NO.
READING WAIVED. Motion was made by Member Kelly, seconded by Member Turner, to
adopt the following ordinance, waiving Second Reading:
171-A25 (TO INCREASE, ADD AND DELETE CERTAIN FEES) ADOPTED; SECOND
ORDINANCE NO. 171-A25
AN ORDINANCE AMENDING ORDINANCE NO. 171
TO INCNASE THE AMOUNTS OF CERTAIN FEES,
TO ADD FEES 22.lf AND 22.lg'AND TO .
DELETE 39e AND THE TWO-TIER FEE SYSTEM
IN FEES 37a, 37b, 37c, 39a, 39b, 39c
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: .
Section 1. The amounts of the following described fee numbers of Schedule A
to Ordinance No. 171 are amended to read as follows, and the two-tier fee system
within fees 37a, 37b, 37c, 39a, 39b and 39c is eliminated:
ORD. SEC.
NO. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. - NO.
434 27(f) Public of semi-public $220.00 per annum for each pool - 17a
73 1
swimming pool license enclosed-part or all of yea;
$120.00 per annum for each outdoor
pool
whirlpool bath or thera- pool
peutic swimming pool license
17b
434 28(f) Public or semi-public $45.00 per annum for each bath or 18
645 4 Sprinkler permit fees:
Number of Heads
1- 5 $40.00 (minimum fee)
6- 25 $40.00 for first five,
plus $22.00 for each
additional ten or
fraction thereof
26- 50 $84.00 for first 25,
plus $17.00 for each
additional ten or
fraction thereof
plus $11.00 for each
additional ten or
fraction thereof
plus $5.00 for each
additional ten or
fraction thereof
$305.00 per annum ($255 if certified
pursuant to Ord. 731-A7), plus
$75.00 per annum for each
additional facility
pursuant to Ord. 731-A7)
51-200 $135.00 for first 50,
20w $300.00 for first 200,
Fo o d est ab 1 is hmen t 25a
Take-out facility $205.00 per annum ($155 if certified 25al
Packaged food sales $95.00 per annum 25a2
Itinerant food establish- $40.00 per event 25b
ment
Readily perishable food $45.00 per annum 2 5d
vehicle
Fleet of 5 or more readily $225.00 per annum 25e
perishable food vehicles
Perishable food vehicle $45.00 per annum 25h
Fleet of 5 or more perish- $225.00 per annum 25i
able food vehicles
22. la
22. lb
22. IC
22. Id
22. le
11/3/86
280
ORD. SEC.
NO. NO. PURPOSE OF FEE/CHARGE AMOUNT --
1101 l(a)
1111 3(a)
, 1111 3(b)
FEE NO.
37a
Sewer rental
Single family dwellings, Based upon water usage during
town houses, two-family winter quarter. (Three-month
dwellings, apartment period falling between Nov. 1
buildings containing and March 1.)
four or less dwelling units:
To and including 2,000 $20.50 per quarter
cubic feet
From 2,001 to and includ- $32.75 per quarter
ing 4,000 cubic feet
From 4,001 to and includ- $56.25 per quarter
ing 7,000 cubic feet
From 7,001 cubic feet $1.10 per 100 cubic feet
and over
Apartment buildings with
more than four dwelling unit over four, or $1.10 per
units hundred cu. ft. of water used
during the quarter, whichever
is greater-
$21.00 per water meter or
$84.50 plus $15.50 for each
Commercial and indus-
trial buildings, includ- approved sewage metering device on
ing schools and churches premises, or $1.10 per hundred cu.
ft. of water used during the
quarter, whichever is greater
Water service 1. 33 cents per 100 cubic feet for 39a
all areas of City except areas
described in 2 and 3
tforningside area
east side of Beard Ave. from W.
54th St. to Fuller St. and both
sides of Abbott P1. from W. 54th
St. to Beard Ave.
2. $1.10 per 100 cubic feet for 39b
3. $1.10 per 100 cubic feet for 3 9c
3 7b
37c
A minimum charge of $2.20 per 3 9d
month will be made where water
consumption amounts to less
1111 3(c) The following flat annual charges:
$2,500.00 - Park Department for 39f
water used for sprinkling
and skating rinks
1232 Parking permit $2.00 per month, pro-rated 40
Refund upon return of '
parking permit sticker $2.00 per month, pro-rated 4 Oa
1303 Solicitor's permit $15.00 43
1331 Taxicab license $25.00 per annum 46
following thereto :
ORD. SEC.
Sec. 2. Schedule Ato Ordinance No. 171 is hereby anended by adding the
-- NO. NO. PURPOSE OF FEE/CHARGE
645 4 Fire pump installation and
AMOUllT
$45.99
FEE NO.
22.lf
associated hardware
St andpipe installation $45.00 22. lg
For each additional standpipe $ 5.90
Sec. 3.
Sec. 4. Following publication, the effective date of this Ordinance shall be.
Fee number 39e of Schedule A to Ordinance 171 is hereby repealed.
I January 1, 1987.
Motion carried on rollcall vote, five ayes.
DEER IN AREA DISCUSSED. Mrs. Jean Lowe, 6301 Loch Moor Drive, was introduced to
share her concerns regarding deer being a great nuisance 5.n her neighborhood.
has lived at her present residence for 17 years and had not seen deer until five
years ago. Currently, the deer make paths through the back yards and between the
homes, as well as crossing the streets. Occasionally, there are 12 deer at one
time. As a result, some landscape damage has resulted. There is a great concern
that an automobile accident may occur; Gleason and Valley View are nearby, which
account for a great deal of traffic.
the City Council to work closely with the DNR, the Park 3oard and the Hennepin County
Park Reserve to begin dealing with this problem before it gets worse. Mr, Hughes
had already had an opportunity to speak with the DNR, and iie learned that Edina's
situation is similar to North Oaks, who has practiced a successful but contraversial
program to control the deer population in their area.
She
Mrs. Lowe believes Ynat the time has come for
Trapping and tranquiling the
111 3 186
I: a a
animals are methods, but the problem is that the areas of relocation of deer are
becoming over-crowded with the animals. Tranquilizing has not been a very successful
technique in Minnesota because the deer are very high strung anyway and are not
suited to being tranquilized; as a result, the mortality rate for tranquilized deer
is quite high.
from personal property; however, these have to be religiously applied in order for
them to continue working properly.
adaptable; they tolerate people very well and are increasing in population in areas
of good habitat such as Braemar Park and Bredesen Park.
an ongoing problem, and Mr. Hughes indicated that the DNR is willing to look at
different solutions.
terms of what kind of damage has occurred and the impact on the park property.
wants to find out what suggestions staff has in terms of whether the City ought to do
something at this point in time and if the DNR should get involved.
agreed that staff should gather together as many facts as possible.
believes that this will be a highly contraversial issue, and the Park Board in
addition to the staff should give the community an opportunity to be heard on the
subject.
this problem as well as an accident reported on the Crosstown Highway.
agrees that this will be an emotional problem for many people; a staff report will
be prepared and brought back onto the agenda in the near future.
Apparently, there are some effective repellants to keep deer away
Mr. Hughes commented that the deer are very
Unfortunately, this will be
Member Turner requested additional information from staff in
She
Member Kelly
Member Richards
Mr. Rosland indicated that there have been several calls pertaining to
He also
BID AWARDED FOR COLLECTION OF CITY PROPERTY REFUSE.
reported that he did not anticipate another surcharge on the Landfill Abatement Tax
and that the bids submitted for City property refuse collection are approximately
at the same level and increase that have occurred for the last three years. One
thing that will have an effect is the re-routing of refuse from landfills to the
mass burn facility, and that may happen in two to three years. At that point in
time, there will be a considerable increase in prices.
the tonnage produced a year, and Mr. Velde reported that the amount is represented .
in yards at a figure of 1500 yards for City properties.
bid specification asked for bids for 1987 with an option of extending the contract
to 1988.
the lowest bidder for 1987 was Waste Manag-ement.
were to exercise their option of awarding the contract for 1987 and 1988, the
lowest bidder would be Quality Waste Control, Inc. With no further discussion,
Mr. Rosland.presented the tabulation of bids for City property refuse collection,
showing Waste Management for 1987 at $2.45, 1988 at $2.75, an average of $2.60;
Quality Waste Control, Inc. for 1987 at $2.52, 1988 at $2.64, an average of $2.58;
BFI Waste Systems for 1987 at $2.75, 1988 at $2,95, an average of $2.85; and Metro
Refuse, Inc. for 1987 at $5.00, 1988 at $6.75, an average of $5.89. (Figures are
price per cubic yard.)
award of bid for one year to recommended low bidder, Waste Management, at $2.45,
and to advertise for bids in the fall of 1987 for the 1988 contract year.
David Velde, City Sanitnian,
Member Richards questioned
He explained that the
All bids submitted are in conformance with the bid specification, and
However, if the City Council
Motion of Member Bredesen was seconded by Member Turner for
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
1987 PUBLIC HEALTH NURSING CONTRACT AMENDED, Mr. Velde reported that in 1987, the
City of Edina will receive $11,710.00 in State Maternal and Child Health activities.
He is proposing to use $5,200.00 of this grant funding to purchase additional
services for women and children through the Bloomington Division of Public Health.
These funds will be used in the Women, Infants and Children (WIC) Program for increased
nutritional consultation, increased outreach efforts for maternal and child health
services and for support of the Continuing Education Center. The remaining $6,510.00
will be used to underwrite the existing costs of the 1987 contract with Bloomington.
In order to accomplish this, the City Council action approving the 1986-87 Public
Health Nursing Contract must be amended by increasing the 1987 Contract to $91,700.00.
With no further discussion, Member Kelly's motion to amend the 1986-87 Public Health
Nursing Contract by increasing the Contract to $91,700.00 was seconded by Member
Turner.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
ADVISORY BOARD/COMMISSION APPOINTMENTS APPROVED.
Member Bredesen's motion was seconded by Member Kelly for appointment of the following
individuals to fill unexpired terms on various advisory boards and commissions:
Edina Art Center: Peter Spoakes to fill unexpired term to February 1, 1987; and
Delores Paul beginning January 1, 1987, to fill unexpired term to February 1, 1989;
Edina Heritage Preservation Board:
1987; Edina Recycling Commission:
ship of six, term to February 1, 1987; SHHSC: Leslie Olsen to fill unexpired term
to February 1, 1987.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
As recommended by Mayor Courtney,
John Metil to fill unexpired term to February 1,
Levering Wood to bring Commission to full member-
111 3 1 86
282
COUNTY-WIDE LEGISLATIVE GOALS COMMITTEE SUPPORTED. Barbara Clayman, a representative
of the County IJide Legislative Goals Committee, explained that this committee is one
of five public health goal committees which has foiused on a specific dimension
of public health concern.
Community Health Services Board, has worked together to establish a unified approach
in prioritizing health care issues for the Legislature. The first issue, Home
Health Regulation, is a controversial issue, and the Legislative Committee recommends
that the Boards of Health take the following actions to supporg: 1) statewide
licensure rather than registration; 2) establish personnel requirements and training
guidelines to assure quality of staff working with volunteer organizations and
agencies with an allowance in the requirements to ensure continuation of care now
being provided by family members or volunteer organizations and volunteer chore
services; 3) the appointment of the Commissioner of Health responsible for regula-
tion of licensure and services, and the regulation of services should include:
a) standards of care criteria; b) routine inspection of-provider facilities with
investigation by Commissioner of Health and not by individual counties; c) routine
on-site home visits with client approval; d) establishment of a client grievance
procedure; e) availability of service and price listing; and f) establishment of
Patients Bill of Rights; and 4) establish licensure fee and allocation of funds for
licensure process. The second issue, Uninsured-Nedically Disadvantaged, questions
whether the state or federal government is responsible for the uninsured, whether
a program should be jointly funded through state and federal resources, and finally
whether coverage should include ail necessary health services or should services be
limited.
Commission comprised of leaders from the private and public sector, the health care
industry including insurance companies, as well as members from the legal and
financial communities to develop an equitable way of financing and administrating
a statewide program for providing services to the uninsured.
Maternal and Child Health Funding (MCH), addresses the controversy of the
allocation and administration of funds. The Legislative Committee recommends that 1)
the MCH Block Grant continue to be divided among Community Health Service (CHS)
agencies, pre-block grant programs and Minnesota Department of Health, resulting
in an increase in direct service program allocation and a decrease in MDH admin-
istrative service funds; 2) the portion of the MCH Block Grant alloted to the CHS
agencies continue to be on a formula basis; and 3) the eligible services be re-
defined to include primary health care for low-income children and dental care for
children and pregnant women.
Committee recommends that the Boards of Health support increased state funding
for prevention-oriented activities which include:
and incidence of the AIDS virus in Minnesota to determine the characteristics of the
disease outbreak and trends; 2) the development of an AIDS educational curriculum
for use by local school districts; and 3) the development of standard policies for
dealing with situations that pose particular disease management problems,
specifically AIDS infection among the mentally ill, mentally handicapped and non-
complaint clients.
Subsidy.
Hennepin County support the following: 1) allotment of a state-wide subsidy
increase of at least 10 percent for CHS agencies; 2) establishment of specific
program guidelines for the use of CHS funds by the local boards of health; and 3)
allocation of at least 25 percent of the increased funds for preventive health
initiatives.
Wide Legislative Goals Committee in its focus on public health concerns was seconded
by Member Turner.
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
The committee, comprised of members of each local
I
The Legislative Committee recommends that the State establish an Interim
The third issue,
I The fourth issue is AIDS, and the Legislative
1) monitoring the prevalence
The fifth and final issue is Community Health Services (CHS)
The Legislative Committee recommends that the Boards of Health in
With no further discussion, Member Kelly's motion to support the County-
HEARING DATE SET FOR CASCADE LANE FEASIBILITY REPORT.
the Engineering staff has been developing a new set of plans for the hearing on
the Cascade Lane flooding problem. The preliminary construction plans for pro-
viding some flood protection to 4609 and 4613 Cascade Lane have been completed,
and these residents have been consulted and are in general agreement as to the
type of work that should be done. The Engineering staff has been in contact with
the Minnehaha Creek Watershed District engineers, and the Edina Engineering staff
is requesting that the Watershed engineers set a level for berming on the creek.
The preliminary estimate of cost for this project is $15,000, and a decision must
be reached concerning available funding from the Watershed District.
Turner introduced the following resolution and moved its adoption:
Mr. Rosland explained that
Member-
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
CASCADE LANE BERMING AND LIFT STATION
1. The City Engineer, having submitted to the Council a preliminary report as to
the feasibility of the proposed Cascade Lane Berming and Lift Station descriljed in
the form of Notice of Hearing set forth below, and as to the estimated cost of such
improvements, said report is hereby approved and directed to be placed on file in
the office of the City Clerk.
11/3/86
283
2. This Council shall meet on Monday, December 1, 1986, at 7:OO P. M. in the Edina
City Hall, to consider in public hearing the views of all persons interested in said
improvements.
3. The City Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper once a
week for two successive weeks, the second of which publication is to be not less
than three days from the date of said meeting, and to mail notice to all affected
properties in substantially the following form:
NOTICE OF PUBLIC HEARING
CASCADE LANE BERMING AND'LIFT STATION
The Edina City Council will on Monday, December 1, 1986, at 7:OO P. M., at the
Edina City Hall, 4801 West 50th Street, hold a Public Hearing on the necessity and
feasibility of constructing a berming project and Lift Station near the street
listed above. Your receipt of this notice is an indication that property whose
ownership is listed to you is among those properties which are considered to be
benefited .
The estimated cost of this improvement is approximately $15,000.00.
that this improvement be assessed on a per lot basis.
funded by special assessment and cooperative funding from the Watershed and City.
This project is being proposed as a result of a petition by property owners to
reduce flooding, and meetings with Minnehaha Creek Watershed District.
would be a berm across the properties and a storm sewer lift station behind the berm.
Construction of this improvement, if approved, will be accomplished in 1986-1987.
Assessments would be levied in 1987 with the initial installment due in 1988. The
improvement is proposed to be assessed over a ten-year period. The present condition
of the Municipal Bond Market makes it difficult to determine the annual rate of
interest that will be charged on the unpaid balance, but it will not exceed the
maximum allowed by law. .
The area proposed to be assessed includes Lots 3, 4, & 5, Cascade Falls.
Any inquiries, comments and/or suggestions you may have regarding this improvement
may be forwarded to the City Council or Engineering Department prior to the
Hearing or presented at the Hearing itself.
BY ORDER OF THE EDINA CITY COUNCIL. -
Francis J. Hoffman. P. E., Director of Public Works and City Engineer
Motion for adoption of the resolution was seconded by Member Bredesen.
It is proposed
The project is proposed to be
The project
Rollcall :
Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Resolution adopted.
AMM POLICY ADOPTION DISCUSSED.
politan Municipalities Proposed 1987-88 Legislative Policy for the Council's con-
Member Turner reported on the Association of Metro-
sideration. She began with Local Government Aid, stating that the AMM urges the
legislature to continue its commitment to all local governments and maintenance of
reasonab1e.property taxes by increasing its funding of local government aid pro-
grams on as fair and equitable basis as possible. The legislature may need to
consider additional new and creative methods of solving unique local funding pro-
blems separately from the generalized formulas. Member Turner explained that this
is a position which is contrary to what the City's traditional position has been.
Member Richards stated he does not support state funding of local government aids.
Mr. Rosland suggested that the City approach local government aids with some sanity
to gain more accountability in spending as the process itself is slowed down.
will be preparing a position paper in the near future concerning the issue of local
government aids. Member Turner believes that in regard to Tax Exempt Property, the
City's non-profit organizations would incur a huge financial liability if they had
to reimburse the City and County for the cost of municipal services.
that there would be tremendous controversy around the issue of fiscal disparities.
Member Turner stated that the AMM opposes wine in grocery stores and one class of
beer.
Property with a focus on the difference in rates between rental housing and owner
occupied housing which results in higher property taxes for rental housing. The AMM is very concerned about the affordability of rental housing for lower income
persons.
assume the responsibilities for all source separation and recycling related
activities and projects, and this contradicts the program that the City is presently
running.
two policy issues of the AMM which the Council did not support: local government aids. No action was taken.
He
She stated
The only new area in the housing section is Assessment Rates for Rental
Member Turner pointed out that the AMM recommends that the counties
As a result of Member Turneri's report, it was determined that there were
recycling and
LMC POLICY ADOPTION DISCUSSED.
Policies and Priorities of the League of Minnesota Cities.
City should encourage the League tq support the policy regarding exposing the cities
to civil lawsuits, keeping it as an A-priority. Concerning the area of land use
under Policy LUEET-1, Waste Water Treatment, Mr. Rosland stated that the Council
may want to take a different reaction to this particular policy, since a letter was
recently sent to the President regarding the spending of federal dollars.
Mr. Rosland reported on the 1987 Proposed City
He indicated that the
He
284
pointed out that Edina should support giving pu lic employers t..e option of
requesting arbitration or allowing essential employees to strike. Also, Time and
Distance Residency Requirements should be moved from B-priority to A-priority.
class of beer might be raised to an A-priority.
would be to raise the workers compensation law from a C-priority to a B or even A-
priority. Again, Mr. Rosland pointed out that on general principles the Council
would likely not support local government aids. In regard to federal legislation,
he believes that General Revenue Sharing, supported by the League, would not be
accepted by Edina. With discussion ending, no action was taken.
One
Another area of strong recommendation
I &STREET IMPROVENENT NO. BA-262 SPECIAL ASSESSMENT DEFERRED FOR LOT 8 AND EAST 25
FEET OF LOT 7, AUDITOR'S SUBDIVISION NO. 176, APPROVED. Motion was made by Member
. Kelly, seconded by Member Turner, to adopt the following resolution:
RESOLUTION
BE IT RESOLVED that the Resolution for Special Assessments Levied on Account of Vario
Public Improvements, adopted by the Edina City Council at its Regular Meeting on
September 15, 1986, be amended to include the deferrment of the assessment for Street
Improvement No. BA-262 against Lot 8 and East 25 feet of Lot 7, Auditor's Subdivision
No. 176 (PIN 28-117-21-21-0014) in the amount of $1,700.00 with interest on the
deferred assessment at the rate of 9.9%, which is 1% over the rate of interest set \
out in the Resolution; and
BE IT FURTHER RESOLVED that the City Clerk shall prkpare and transmit to the County
Auditor a copy of this resolution authorizing the deferred assessment.
L-1 Motion carried on rollcall vote, five ayes.
PROPOSED FEES AND CHARGES FOR 1987 POSTPONED.
Members pertaining to fees and charges for the Art Center, Municipal Pool and the
Due to questions of the Council
Arena, Mr. Rosland requested that this issue be brought up before the Park Board
at another time for a more complete discussion of these fees and charges.
he would arrange this meeting for a date in the near future.
of the Council Members concerning his request; no action was taken.
RESOLUTION ADOPTED REGARDING CHANNEL REALIGNMENT FOR ROGERS CABLESYSTEMS. Mr. Rosland
explained that the Southwest Suburban Cable Commission is recommending a resolution
for channel realignment which would authorize Rogers Cablesystems to realign its
channels for an experimental period of one year.
bringing some of the major channels off the higher band and placing them on the
lower band, as well as placing the access channels into the higher band.
ensure that Universal Service will be retained for the some 800 customers in the
total five-city system.
following resolution and moved its adoption:
He said
There was a consensus
I- This realignment consists of
It does
With no further discussion, Member Bredesen introduced the
RESOLUTION OF THE SOUTHWEST SUBURBAN CABLE
COMMISSION DETERMINING AS A MATTER OF POLICY
TO PERMIT ROGERS CABLESYSTEMS OF MINNESOTA TO
CHANGE THE CHANNEL LINE-UP CONSISTENT WITH
THE TEENS AND CONDITIONS OF THIS RESOLUTION
WHEREAS. the Southwest Suburban Cable Commission (hereinafter "SWSCC") is a joint
powers commission created by agreement between its Member Cities including Edina,
Eden Prairie, Hopkins, Minnetonka and Richfield; and
WHEREAS, under the Joint and Cooperative Agreement, the SWSCC is:
"The Commission is established for the purposes of coordinating administration and
enforcement of the individual Franchises of the Parties and providing uniformity
in that administration and enforcement to ensure that the System of the Grantee is
constructed, operated, maintained and upgraded in a manner that will, to the extent
possible, to be the maximum benefit of each party."; and
WHEREAS, the STJSCC in the administration of the Cable Communications System Fran-
chises of its Member Cities, has received a request from Rogers Cablesystems of
Minnesota (hereinafter "Grantee") to change the line-up of the channels based on
the Grantee's interpretation that the Cable Communications Policy Act of 1984,
which permits modifications of authorities after the end of 1986, constitutes
authority for Grantee to make such modifications and changes in the channel line-up
for the cable communications system serving the Member Cities of the SNSCC; and
WHEREAS, under the provisions of the Cable Communications System Franchises of the
Member Cities, it provides an Article XII, Section 6:
"Applicable Laws and Court Decisions:
A. Grantee and City shall, at all times, comply with all laws, ordinances and
regulations of federal, state and city government relating to the System and this
Franchise.
B.
service or shall prohibit Grantee from performing any service which may be in
conflict with the terms of this Franchise, then as soon as possible following
knowledge thereof, Grantee shall notify City of the point of conflict believed to
exist between such law, ordinance or regulation."; and
/
I
Severability
Any law, ordinance or regulation shall require or permit Grantee to perform any
J, i .: ?
k
WAYNE G.POPHAM
ROGER W.SCHNOBRICH
DENVER KAUFMAN
DAVID 5. DOTY
ROBERT A.MINISH
ROLFE A.WORDEN
G. MARC WHITEHEAD
BRUCE D.WILLIS
FREDERICK 5. RICHARDS
G. ROBERT JOHNSON
GARY R.MACOMBER
ROBERT 5-EURK
HUGH V. PLUNKETT.IP
FREDERICK C. BROWN
THOMAS K. BERG
JAMES R.STEILEN
JAMES 8. LOCKHART
ALLEN W. HINDERAKER
CLIFFORD M.GREENE
.?z EXHLBiT- A
POPHAM, HAlK,SCHNOBRICH, KAUFMAN & DOTY,LTD.
MINNEAPOLIS, MINNESOTA 55402
4344 IDS CENTER
D.WILLIAP-4 KAUFMAN
MICHAEL 0.FREEMAN
HOWARD SAM MYERS.LII
THOMAS C-D'AOUILA
LARRY 0. ESPEL
JANIE S-MAYERON
THOMAS J. BARRETT
JAMES A.PAYNE
DAVID A.JONES
LEE E.SHEEHY
ALAlN FRECON
PATRICIA A.'JEN.S EN
LESLIE GILLETTE
MICHAEL T. NILAN
ROBERT H. LYNN
THOMAS M. SIPKINS
ROEERT C.MOILANEN
THOMAS F.NELSON
THOMAS J.RAO10
TELEPHONE
612 -333 -4800
TELECOPIER
6 I2 - 344 - 0 6 03
1240 AMHOIST TOWER
545 ST. PETER STREET
SAINT PAUL, MINNESOTA 55102
TELEPHONE 612-333 -4878
SUITE 2400
I200 SEVENTEENTH STREET
DENVER, COLORADO a0202
TELEPHONE 303-893-1200
TELECOPIER 303-893-2 194
SUITE 300 SOUTH
WASHINGTON, D. C. 20036
TELEPHONE 202-828-5300
TELECOPI ER 202-828 -5718
DIRECT DIAL NUMBER
moo M STREET.N.W.
344-0669
DAVID L.HASHMALL
KATHLEEN M-MARTIN
JOHN C-CHILDS
DOUGLAS P. 'EATON
THOMAS E.SANNER
BRUCE 8. McPHEETERS
GARY 0.BLACKFORD
SCOTT E. RICHTER
GREGORY L.WILMES
PAUL J. LINSTROTH
SCOTT A. SMITH
fLlZA8ETH &THOMPSON
KEITH AHALLELAN0
MARK 8. PETERSON
D. RANDALL BOYER
BRIAN N. JOHNSON
TIMOTHY W. KUCK
JULIE A.SWElTZER
THOMAS C.MlELENHAUSEN
. October 2, 1986
KATHLEEN A. BLATZ
MICHAEL D.CHRISTENSON
J. MICHAEL SCHWARTZ
LARAYE H.OS8ORNE
LOUIS P. SMITH
FRANCIS J. CONNOLLY
BRUCE H. LITTLE
MARK F. PALMA
RUSSELL S.PONESSA
BRYAN L-CRAWFORD
DAVID K-RYOEN
OWEN E.HERRNSTADT
MATTHEW E. DAMON
Or COUNSLL
FRED L. MORRISON
Mr. Adrian Herbsc
Herbsc & Thue
2030 Northwestern Financial Center
7900 Xerxes Avenue South
Bloomingcon, Minnesoca 55431 *
Re: Realignment of Channels, Rogers' SOUchweSt Suburban
Systen
Dear Adrian:
Thank you for meecing wich Cliff Williams, Liz Anderson and
me Monday morning to discuss the legal implicacions of the
proposed channel realignment. At that time we discussed the
addition of three new services, the realignmenc of cercain
existing services (including access channels) in order to
accornmodace these new services, the possible eliminacion of
cercain ciers of service and certain race increases which mighc be
implemenced on or afcer January 1, 1987.
merits of the legal issues, some background informacion may be
helpful.
Before discussing the
Rogers and the Southwest Suburban Commission have enjoyed an
unusually good working relationship.
and Commission have been able to resolve a number of cough issues
ranging from race increases to renegociacing the line extension.
policy.
Over the years the Company .
19
Mr. Adrian Herbst
October 2, 1986
Page 2
Perhaps the besc example of cooperation becween the two
parcies is the "Relief Agreemenc" which we concluded in 1985.
This Agreement identified the financial problems facing the
system, provided subscancial inicial cost savings and gave the
company incentives for additional cost savings while subscantially
preserving the system's local programming effort. As a resulc of
the Relief Agreement, the system has saved considerable amouncs
'due to reduced franchise fee and programming commitments and
through subscancial cost cutting efforts employed by Rogers. The
system'has recencly been refinanced on more favorable terms and
conditions in an effort to further reduce costs and assist with
cash flow management. The final component of the scrategy
underlying the Relief Agreement is to increase revenues. The
proposal which Rogers made to the Operating Committee at its
Sepcember 26; 1986 meecing is designed to address this last
cricical component.
When the relationship between the Commission and the Company
has broken down it has usually been due to one of two reasons.
Eicher Rogers has aggressively pursued its rights in light of the
changing legal and regulacory environmenr governing the cable
induscry or the Commission has been unable to respond to Rogers'
request for operational changes in a time frame consistenc wich
Rogers' business schedule. I am concerned that we are facing an
issue that raises boch of these elemencs and am writing to request
your help in fashioning a solution that will avoid needless
acrimony.
of 1984 ("Cable Act"), provides subseantial new rights to cable
operators in the areas of packaging and pricing their services.
In addicion, recenc court decisions have reaffirmed the First
Amendment righcs of cable operators -- particularly in the area of
control over programming. Rogers firmly believes that ic will
have the righc to make all the proposed changes as of January I,
1987. Rogers also realizes that certain provisions of the Cable
Act may have been subject to more'than-one interpretation. In
situations where the relacionship between cable operators and
their regulators has deteriorated, we expect litigation to ensue
as the parcies atcempt to clarify their respective rights under
the Cable Act. I think we can agree that it is in the mutual
incerest of Rogers and the Commission to allow other parcies LO
experience the acrimony and subseantial cosc associated wich such
licigacion.
discussed with the Operacing Committee, Rogers needs to get on
wich reorganizing ics channel line-up so thac ic can more
effeccively markec new subscribers and increase the satisfaceion of existing subscribers.
I Q
' As we discussed Monday, the Cable Communications Policy Act
At the same time, for the business reasons that Cliff
I .
Mr. Adrian Herbst
October 2, 1986
Page 3
In lighc of this background, Rogers makes the following
proposal to the Commission:
.\
1. Rogers and the Commission encer into a one year agreemenc
, implement its new channel line-up and tiering struccure
' as of November 1. Under this Agreemenc, the Commission
would take no position as to whether the new line-up and
re-tiering is permissible, but would agree noc to
challenge the new line-up and re-tiering or to find
Rogers in violation of its franchise ordinance, the
Relief Agreement or any contract entered into or made a
part thereof. At the end of one year, the Agreement
would be reviewed in light of subscriber sacisfaccion
with-the changes and in light of the legal and regulatory
decisions during the intervening period. Boch Rogers and
the Commission would enter into this agreement without
prejudice to 'their legal rights or posicions.
under which the Commission would allow Rogers to
J
2. Rogers would add three new services. The Cable Value
Necwork, a home shopping service produced by COMB; XTMA
(Channel 231, a UHF independent station new to the Twin
Cities; and a third Rogers pay-per-view channel.
3. Rogers has explored ways in which it could effect the new
channel line-up while concinuing to provide service Tiers
1 and 2. Unfortunately it is noc technically possible.
In order to ease the financial transicion for those
subscribing to the lower priced tiers Rogers would make the following accomrnodacion: All Tier 1 and 2
subscribers would begin receiving Tier 3 service as of
November 1. As of January 1, 1987 rhese subscribers
would be billed $6.95 for Tier 3 service.
January 1, 1988 this race would increase to $9.95.
subscribers would be charged the rate then in effect for
Tier 3 service as of January 1, 1989 and would continue
to be charged at the full.rate thereafcer.
As of
These
4. Rogers understands that area schools have expressed
concern about the proposed realignmenc since ic will
shift educational access channels from channels 3 and 8
to channels 33 and 34. As we discussed, all metropolitan
area cable operators are attempcing to realign their
channels so thac a common identicy will emerge on all
channels, including access channels. This should prove
to be a long term benefic to the educational comnunity.
In the shore run, Rogers agrees to undertake a program
.
Mr. Adrian Herbst
October 2, 1986
Page 4
designed to raise the awareness of our subscribers
concerning educational access generally and co
familiarize subscribers with the new location of
educational access channels on the channel line-up. This
program will include: (a) A princed notice of the
line-up change affeccing the educational access channels
to be included in subscriber bills for a period of at
least three months; (b) announcements concerning the
realignment of educational access channels to appear on
the syscem's alpha numeric channels; (c) inclusion of
programming information for the educational access
channels on Rogers' digical program guide (channel 19);
and (d) Rogers will work in good faith with menbers of
the educational community to implemenc other suggestions
to assist in creating subscriber awareness of the newly
positioned access channels. In addition, Rogers renews
ics offer to the educational community to provide
complernencary educational programming to help fill these
channels. IC is understood that such an offer, if
accepced, would serve to fill channel capacity only
during times when the schools are not using the
educacional channels. Also, Rogers commits to
interconnect the educational channels of its Southwest-
syscen and Minneapolis system so that the Souchwest .
schools and Minneapolis schools would have the
opporcunicy to "trade" programming becween the syscerns.
I
i:
We feel that this proposal can accomplish the objectives of
all parties concerned. It allows Rogerskhe flexibility to-
accomplish its business objectives -- objectives which are
consistent wich the underlying incent of che Relief Agreement. IC
allows the Commission to reserve its righcs as the legal and
regulatory climate involving cable television becomes 'clearer. IC
provides for a financial transition for those subscribing to Tiers
1 and 2. It provides the educacional community with subscancial
assistance in raising subscriber awareness of educational
programming generally and to the channel realignment-specifically.
Please feel free to contact me after you have had an
opportunity to review this proposal.
Very truly yours, rs
David A. Jon&
DAJ/lkp/40965 cc Vernon Achber
Cliff Williams
Liz Anderson
EXHIBIT.A Is
PROPOSED
ROEERS CABLESYSTW OF HIXWESOTA
SOBTHUEST' CMXMEL LIXE-UP
Current Ch Propos ed c -
2 KTCA (21 KTCA
3 CNN EDUCATIONAL ACCESS
5 KSTP (5) KSTP
6 SHOXCASE L,O.*/SHOUCASE .
7 ESPN PUBLIC ACCESS
8 CSH EDUCATIOHAL ACCESS
9 KHSP (9) KYSP (9)
C-SPAH I1 10 WTaS
11 KARE (11) KARE (11)
12 USA 60VEBtlHEHT ACCESS
13 UGH KXLI
14 H30 (Trapped) HBO (Trapped]
15 CNN-HN . KTMA (23)
SIH 16 ARTS S ENTERTAIHHENT .
17 KfCI (17)/LEARNING CHANNEL . KTCI (171
19 PROGRAH GUIDE PROGRAH GUIDE 20 LIFETIME
21 NASHVILLE
23 KTMA (231 DISCOYERY
24 FHN/SCORE . RPT PREVIEW
25 TEMPO (SPN) TEMPO (SPH)' 26 NICKELODEOH
27 BET . REUTEaS !{EM$ CBN 28 CABLE VALUE 1
29 KITN (291 Scad KITH (29) FHWSCORE p/D iJbi WTBS .
30 C-SPAfl I
32 EJUCATIOHAL AC , NASXVILLE 33 PUBLIC ACCESS
35 EDUCATIOHAL ACC
36 REUTERS
4 ucco (4) ucco 1
. 18 DISHEY (Trapped) DISNEY (Trapped) .
ucco 11
C-SPAN
22 DISCOYERY wcco WEATHER'
- >- NICKELODEOH .
i
'r.
31 C-SPAN rI,
UGN
ARTS 1 ENTERTAINMENT
CNN-HH . ..
34 EOYERHHENT ACCE \ CHN
37 L.O./HJT/sILENT %TYORK/BULLETIN BOARD 4--- REUTERS --
38 YH-1 w-I
* 39 wcco TI ESPH
, HTY
USA
. 40 MU
41 KXLI (41) BET . 42 WCCO WEATHER
43 PREVIEW CHANNEL CHTY/TLC
44 RPT I (PPYI
45 RPT I1 (PPY)**
46 SHOYTIXE .
47 THE HOYIE CHANHEL
48 CINEHAX
49 HOME THEATRE HETX0R.Y
RPT (PPY)
HBO [Zenfth)
SHOYTIHE
THE YOYIE CHANNEL
DISNEY
C INEHAX .
Commen t s /Chanqes
-Ch 3 Educ. Access, nou ch 32
-Ch 6 L.O. moved to ch 37
-Ch 7 was Publfc Access, now ch 33
-Ch 8 was Educ. Access, now ch 35
+-Ch 10 was C-SPAH 11, now on ch 31
-Eh 12 was Eov't Access, non ch 34
-Ch 13 was RXLI, now on ch 41
-Ch 15 was KTMA, now on ch 23
-Ch I6 was SIN, now on ch 53
-XTCI broadcasts partial day .
-Ch 20 Was XCCO TI, now on ch 39
-Ch 21 was C-SPAN, nox on ch 30 .
-Ch 22 Has weather, now on ch 42
-Ch 23 new. D'fscoverj on ch 22.
-Ch 24 Has RPT Preuien, now on ch
43
-Ch 27 Reutert, now on ch 36
-Ch 28 was CSN, now c5 8
-Ch 30 was FRH, non on ch 24
-Ch 31 was WTSS, now on ch lo
-Ch 32 was Rashvllle, now on ch 21
-Ch 33 was UGH, now ch 13
-Ch 34 war CHH, now ch 3
-Ch 35 was A PI E, non ch 16
-Ch 37 nas CXN-HH, non On ch 15
-Ch 39 Was ESPN, OH 00 ch 7
-Ch 41 was BET, now on ch 27
-Ch 42 was USA, now ch 12
-Ch 43 CWUTLG, now LYTY dropped
-Ch 44 H80 now on 14 only
end TLC on ch 17
-Ch 49 duplication of Disney
dropped
1-
( 50 RPT I11 (PPY) .
51 BRAYO
62 AHC
53 SIH
1/61/99 TBH
0/60/9a pn
RPT (PPYI
BRAY0
AHC
HOHE THEATRE NETWORK I -Ch 53 was HTH, now ch 49
-TEN now full-the
HOTES: * LO. includes NJT, Sllent Network, Bulletfn Board and systt?v produced programs
** Hen RPT channel brings total PPY channels to 3 *** New Servica
..
-.
.- .
..
11/3/86
WHEREAS, pursuant to the above cited Article XII, Section 6, SWSCC has reviewed the
request of Grantee and advised Grantee that it has questions relative to the appli-
cation of the Cable Communications Policy Act of 1984 to the requested channel
line-up change; and
WHEREAS, in response to the questions of the SWSCC, Grantee has proposed a one (1)
year temporary channel line-up change, attached hereto as Exhibit A, which includes
a letter dated October 2, 1986 to Adrian Herbst, Administrator of the SWSCC and an
attached Proposed Rogers Cablesystems of Minnesota Southwest Channel Line-up.
Exhibit A is a request that the SWSCC act on the proposal without regard to the
interpretation of the application of the Cable Communications Policy Act of 1984
based on the need of Grantee to implement the channel line-up change to improve its
revenue and to increase the subscriber penetration; and
WHEREAS, in response to the proposed modifications based upon the terms and con-
ditions set forth in Exhibit A, the SWSCC has undertaken an evaluation of the pro-
posed changes in conjunction with the allegations of Grantee that such change will
improve its revenue and permit the System to increase the amount of subscribers
and in this regard has heard testimony from Grantee as well as others including
representatives of the schools serving the Member Cities of the SWSCC; and
WHEREAS, the SWSCC finds that the request of Grantee is reasonable and may improve
the financial condition of the System and increase the subscribership of the System
and based upon this has concluded that as a matter of policy the requested modifi-
cation and change of th? channel line-up should be permitted for a one (1) year time
subject to the exceptions set forth in this Resolution and also subject to the
terms and conditions set forth in this Resolution; and
WHEREAS, under the Joint and Cooperative Agreement entered into by the Member Cities
of the SWSCC, the SWSCC is authorized to make policy decisions and recommendations
to the Member Cities and under this authority, the SWSCC intends to implement a
policy decision based upon the following provision of the Joint and Cooperative
Agreement. Article VII, Section 3, Paragraph A,1 provides:
"Policy Decisions and Recommendations. The Commission shall make policy decisions
and recommendations to parties on the following:
1i Enforcement of Laws. Enforcement of laws, regulations and ordinances, related
to cable communications, against Grantee and others."
NOW, THEREFORE, the SWSCC in a regular meeting resolves as follows:
1. To accept a proposed one (1) year temporary change to the channel line-up as a
matter of policy, based on the representations of Grantee that it will increase its
revenues and improve subscriber penetration, incorporating herein all of the terms
and conditions set forth in Exhibit A which is incorporated into this Resolution and
made part of it, subject to the following exceptions and conditions:
A.
Channel 7 Community Access , Channel 8 Educational Access , Channel 12 Government Access
will be realigned to h'igher channel numbers but will be grouped together.
B.
Franchises of the Member Cities and the applicable laws of the State of Minnesota.
Further that during the one (1) year, temporary change in channel line-up programming
of Channel 6 may be at the discretion of Grantee; but subject to the obligation of
Grantee to implement regional channel programming at such time as the now existing
entity created to start programming for such regional purposes implements and
commences the use of Channel 6 for Regioanl Programming.
C. The Grantee shall retain the Universal Service Tier. The services including
community programming of all access channels including educational access, community
access, government access, lease access and regional channel 6 will be made avail-
able to all subscribers without charge.
2. Conditions applicable to the implementation of the changes.
A. This Resolution shall become effective two (2) weeks after its passage by the
SWSCC subject to:
a. Within thirty (30) days after the effective date, Grantee will furnish to SWSCC
a written plan that includes a description as to how it intends to inform its sub-
scribers of the channel line-up change, incorporate the retention of the Universal
Service, and will reflect an inventory or survey of costs and expenses to be
reimbursed by Grantee for such expenses as may have been incurred by access users
in reliance upon the channel designations now existing.
take to contact the access users with regard to these changes and obtain all such
information as necessary to adequately demonstrate to the SWSCC that the costs for
changing the channel line-up has been fully evaluated and further that the transition
of the channel line-up change will proceed in an orderly and efficient manner, in
the sole judgment of the SWSCC. Upon approval of the written plan, Grantee will
then be permitted to implement the change in the channel line-up.
B. At the end of the one (1) year term, which will begin on the date Grantee is
permitted to commence the channel line-up change, Grantee will furnish to the SWSCC
evidence to show the impact of the channel line-up changes on its revenues and
subscriber penetration and further, Grantee will demonstrate the legal, technical,
financial, or other reasons why, and in conformance with Article XII, Section 6
of the Franchises of the Member Cities, the SWSCC should recommend to its Member
Cities a permanent modification as requested by the Grantee.
The Community Access Channels currently using Channel 3 Educationsal Access,
Channel 6 will be reserved as the Regional Channel as provided for in the
Also, to further under-
11/3/86
286
C.
all cost, expense, claims or charges of any nature incurred or brought by reason of
the modifications authorized by this policy decision of the SWSCC.
Motion for adoption of the resolution was seconded by Member Turner.
The Grantee shall indemnify and hold harmless SWSCC and its Member Cities from
Rollcall :
Abstained : Richards
Resolution adopted.
Ayes: Bredesen, Kelly, Turner, Courtney i
DUMPSTERS AT CONSTRUCTION SITES DISCUSSED.
a number of complaints regarding dumpsters at construction sites, particularly in
areas of single-family housing.
an unually long period of time and are unsightly. She learned that the residents
were told a dumpster could remain on the site for 180 days for every hour of work der.
Mr. Rosland will look into the ordinance and clarify this issue.
Elember Kelly reported that she has had
I These dumpsters tend to remain at the sites for
SFYA REPORT NOTED. Member Kelly commented on the fact that SFPA served 12 Edina
property offenders, and she questioned if SFYA served all Edina's property offenders.
Chief Swanson explained that some of the offenders are counseled at SFYA and some
are sent to Hennepin County Juvenile Court. He believes that SFYA is a good resource
and offers an excellent program.
EDINAMITE COUNCIL PARTY SUGGESTED.
consider another party as a contribution to Edinamite in February of 1987.
idea was unanimously accepted.
Member Turner mentioned that the Council might
This
STATE OF PAVILION STANDS NOTED. Member Bredesen commented on the stands in the
Braemar Pavilion and noted that the top row is likely to rip apart at some point
in time. Mr. Kojetin will have this checked.
CITY MANAGER'S COMPENSATION FOR 1987 DISCUSSED. Member Bredesen advised that Mr.
Rosland's compensation for 1987 be discussed., He requested that Mr. Rosland provide
for Council Members before this discussion a survey of the compensation program for
all managers in the suburban Hennepin County &micipalities.
a motion to set December 17, either before or after the Council Meeting, as the date
for a closed meeting to discuss Mr. Rosland's compensation for 1987. The motion was
seconded by Member Kelly.
Member Bredesen made
I- Ayes: Bredesen, Kelly, Richards, Turner, Courtney
Motion carried.
AMM LEGISLATIVE POLICY ADOPTION MEETING ANNOUNCED. Mr. Rosland reminded the Council
that Thursday, November 6, 6:30 P. M., the AEiEi Legislative Policy Adoption Meeting
would be held at the Fox & Hounds Restaurant.
the Council.
He will be taking reservations for
*CLAIMS PAID. Motion was made by Member Kelly, seconded by Member Turner, for payment
of the following claims as per Pre-List dated 11/3/86:
Park Fund, $22.50; Art Center, $10,317.37; Swimming Pool Fund, $74.99; Golf Course
Fund, $3,701.16; Recreation Center Fund, $1,952.43; Gun Range Fund, $667.80;
Utility Fund, $201,248.29; Liquor Dispensary Fund, $4,389.28; Construction Fund,
$9,857.40; Total, $322,504.75.
Motion carried on rollcall vote, five ayes.
General Fund, $90,273.53;
There being no further business on the agenda, Mayor Courtney declared the meeting
adjourned at 9:45 P. M.
b %sa0 zq
Acting City Clerk
P