HomeMy WebLinkAbout19881121_regular334 MINUTES
OF THE REGULAR MEETING OF THE
NOVEMBER 21, 1988
EDINA CITY COUNCIL HELD AT CITY HALL
Answering rollcall were Members Kelly, Richards, Smith, Turner and Mayor Courtney.
CONSENT AGENDA ITEMS ADOPTED.
Member Kelly to approve and adopt the consent agenda items as presented.
Motion was made by Member Turner and seconded by
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
I PRELIMINARY REZONING FROM R-2 DOUBLE DWELLING UNIT DISTRICT TO R-1 SINGLE DWELLING
UNIT DISTRICT APPROVED FOR LOTS 1. 2 AND 3. INDIAN HILLS 3RD ADDITION. Affidavits
of Notice were presented by Clerk, approved and ordered placed on file.
Craig Larsen presented the request for rezoning from R-2 Double Dwelling Unit
District to R-1 Single Dwelling Unit District for Lots 1, 2 and 3, Indian Hills
3rd Addition, located on McCauley Trail just west of Gleason Road. The subject
property comprises three vacant double bungalow lots. The lots front on McCauley
Trail and are the most easterly three lots in the Indian Hills 3rd Addition plat.
Lots 1 through 7 of Indian Hills 3rd Addition are R-2 lots and Lots 8 through 16
are R-1 lots. The proponents
have submitted a petition to rezone the three vacant lots from R-2 District back
to R-1 Single Dwelling Unit District for the purpose of constructing three new
single family homes on the property.
24,000 square feet to 40,000 square feet in area.
feet in width.
yard of each lot is covered by an easement for storm water ponding.
exceed Zoning Ordinance requirements for single family lots. Properties to the
immediate east and south of the subject lots are developed single family lots in
the Timbers Addition.
mixture of R-1 and R-2 properties.
for the following reasons: 1) The lots exceed all Zoning Ordinance requirements
3) The Comprehensive Plan allows for the mixing of single family and double
bungalow uses in areas designated as "low density attached" residential on the
land use plan. The request was heard by the Community Development and Planning
Commission on November 2, 1988 and the Commission recommended approval of the
rezoning. Member Smith commented that he had a concern for building single family
homes on those lots from the standpoint of highway noise and hoped those residents
will not be before the Council in the future with some expectation that the City
would be doing anything with regard to noise.
questioned how the storm water easement and pond would affect the buildable area
of the lots.
Gustafson and Associates, were not present to address the question.
7400 Metro Boulevard, commented that he is a builder in Edina and explained that
the driving factor is marketability. The double home concept has gone soft and
that Gustafson has had trouble selling the existing doubles.
doing is reducing his overall profit; however, the single family market is much
stronger. By rezoning to R-1 District it will provide more room to work on the
lots and he will be able to landscape better and possibly have larger berms on the
front.
825-A29 for First Reading as follows:
Planner
There are existing doubles on lots 4 through 7.
The lots range in size from approximately
Each lot is approximately 110
Planner Larsen pointed out that substantial portions of the rear
The lots all
West and then south along McCauley Trail there exists a
Staff would recommend approval of the rezoning
. for R-1 lots, 2) The lots adjoin The Timbers plat which is all single family, and
1 Member Smith said he also
Planner Larsen explained that representatives of the proponent,
Wally Irwin,
What he is actually
No further comment being heard, Member Smith introduced the Ordinance No.
ORDINBNCE NO. 825-A29
BN ORDINANCE AIENDING THE ZONING 0RDI"CE (NO. 825)
BY REZONING PROPERTY FROM R-2 DOUBLE DWELLING UNIT DISTRICT
TO R-1 SINGLE DWELLING UNIT DISTRICT
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 6 of Ordinance No. 825 of the City is amended by adding
the folloving thereto:
Section 1.
"The extent of the Single Dwelling Unit District (R-1) is enlarged by the
addition of the following property:
Lots 1, 2 and 3, INDIAN HILTS 3RD ADDITION.
The extent of the Double,Dwelling Unit District (R-2) is reduced by removing
the property described above from the R-2 District."
Sec. 2. This ordinance shall be in full force and effect upon its passage and
publication.
Motion for First Reading of the Ordinance was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
First Reading granted.
PRELIMINARY PLAT CONTINUED FOR IRWIN FIRST ADDITION. Affidavits of Notice were
presented by Clerk, approved and ordered placed on file.
the request for preliminary plat approval for Irwin First Addition, located on
Valley View Road between Moccasin Valley Road and Bror Road. The subject property
is a developed single family lot containing an area of approximately 27,053 square
feet.
is a detached garage in the extreme north end of the property.
would subdivide the property and create one new buildable lot.
v Planner Larsen present
The existing home is located in the central portion of the site and there
The proposed plat
The proponent
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335
anticipates removing the existing structures.
and approximately 140 feet deep.
respectively.
family lots.
significantly in this area from extremely large lots to the immediate west to
smaller lots to the east. For comparison purposes staff has chosen those lots in
the immediate vicinity that do front on the easterly side of Valley View Road..
The proposed lots are generally similar to those lots fronting on Valley View Road
in terms of lot width but are approximately one-half the depth of the lots to the
south and are essentially mirror images of the two lots immediately to the east.
Based on that staff would recommend preliminary approval of the proposed
subdivision and does not feel that the proposed plat would impact negatively on
the character of this section of Valley View Road. The proposed plat was heard by
the Community Development and Planning Commission on November 2, 1988 and the
Commission recommended preliminary approval, subject to 1) final plat approval, 2)
subdivision dedication, and 3) utility connection charges if any apply. He noted
that the proponent, Wally Irwin, was present to answer questions. John Klus, 7017
Valley View Road, said he was concerned about making two new curb cuts on the
curve on Valley View Road as to traffic safety and also how the re-grading of the
property would affect the run-off of storm water. Wally Irwin, proponent, said
that he had made an concentrated effort to talk to neighborhood homeowners and
that everyone he had contacted were in favor of the subdivision. As to traffic
safety, he said he would be cutting down the hill and would remove some of the
trees that serve as a blind when entering Valley View Road. Further, that it may
be possible to have the two driveways side.by side.
leave the wooded area in the rear as it is presently. The present driveway would
be relocated so that the sight lines would be improved. The houses that he would
put in would be in the $300,000/500,000 range, would be done nicely and would add
to the neighborhood. Dan Webb, 6939 Moccasin Valley Road, said he had no
objection but had a question about how the drainage of storm water from the
subject property would affect his property.
slope the front of the lot to the street and thereby would not increase storm
water drainage to the rear.
psychological question and that he was not persuaded that the City should continue
to approve cutting up lots like this; that there are a lot of opportunities in the
City to do this same thing. Dick Homberger, 6932 Moccasin Valley Road, said that
he supported the proposal, that the existing house is an older house that would be
expensive to remodel and that a new home would be compatible with the
neighborhood. Mayor Courtney said that he has always been bothered by situations
like this where the proposed subdivision meets all requirements of the Zoning
Ordinance and yet the proposal is not approved. Member Smith said that maybe the
Council should consider revising the Ordinance with regard to proposals like this.
Member Richards commented that we talk about the ability to use discretion and
judgement if whatever is being proposed does not change the character and symmetry
of the neighborhood.
addressed this issue and have felt that the character and symmetry would not be
changed. He said we should talk about whether our standard will be adequate
enough for the Council to exercise judgement about how we look at these on a case
by case basis and made reference to the controversy over the recent Rolling Green
proposal.
affordable housing stock for a variety of people and housing choices in the
community.
symmetry and other standards that we use are appropriate. In a case like this
where it comes down to a judgement call based on those standards it is not all
black and white; there is only one lot smaller than what is proposed. Also, this
is a case of steep topography.
special care where we have unusual topography, e.g. steep slopes, etc., and
require larger lot sizes.
message out that he is not in favor of cutting up the community further.
has sensed a feeling of uncomfortableness in the last two years as lots continue
to be cut up and that then becomes the standard. He said he did not understand how
that can be the standard for the north part of the City and not the south.
Jeffrey Gustafson, 6426 Timber Ridge, said he too would like to see the City set
some guidelines for builders who want to buy large estates and carve them up.
said he felt that as to guidelines, if you can eliminate an existing
non-conforming structure and make conforming structures that, as a resident and
developer, that should have some merzt. In this case there is existing an old
farm house with a detached garage built on the lot line and that personally he
felt that a subdivision with two new structures that would be conforming would add
to the neighborhood.
closer look at what is existing in cases like this and what is proposed to remain
and what is to be removed.
the subject property on the larger lot and concurred that the property as it
exists is functionally obsolete.
the property for approximately a year and have had a difficult time selling it.
There have been several developers who have had the property under contract that
have not been able to figure out how to reconfigure the existing building and make
economic sense out of it. He said he concurred with the concept that the property
be subdivided for construction of two new homes.
Each new lot would be 95 feet wide
Lot areas would be 13,700 and 13,335 feet,
Both lots would exceed Zoning Ordinance requirements for single
Planner Larsen explained that lot sizes and shapes vary
He also said he plans to
Mr. Irwin responded that he would
Member Smith said that he felt this was a
In this case staff and the Planning Commission have
He pointed out that the other side of the issue is how do we address
Member Turner observed that she thought our standards of character and
In the Comprehensive Plan we speak about taking
Member Smith responded that he would like to get the
That he
He
He suggested that for the future the Council should take a
Whitney Payton said he lives across the street from
The family handling the estate has tried to sell
He noted that Edina is a city
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336
which has a substantial amount of demand for new construction and that the Council
will continue to see this kind of environment happen in the City because the pure
economics are driving it in that direction. He said he is in favor of what Mr.
Irwin proposes to do with the property. Member Kelly said she was concerned about
the traffic issue and also the storm water drainage, but was impressed by the fact
that the neighbors are in support of the project.
keeping with the character and symmetry of the neighborhood. She said that,
basically, she was in agreement but that she would like to see some drawings
regarding how the topography will be handled, how the water drainage will be
handled and where the driveways will be located. Member Richards suggested, that
in view of the number of questions that have been raised, that Mr. Irwin come back
with a footprint on these two lots that would show how the houses could be sited,
where the driveways would be, and how the drainage problems would be handled back
to the north and to the east so that the Council could reflect on this. He
suggested further that maybe our standards are not sufficient and that the Council
might consider isolating neighborhoods to talk about quantifying before the fact
rather than after the fact.
hearing on preliminary plat approval for Irwin First Addition to the Council
meeting of December 5, 1988 so that the proponent could respond to the questions
that have been raised.
That means they feel it is in
I
Member Richards then moved to continue the public
Motion was seconded by Member Turner.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
A discussion developed among the Council Members with regard to potential
subdivision of large lots in the City and whether a charge should be given to the
Community Development and Planning Commission to look at the issue. Member Kelly
said that when we looked at this the last time the Council reviewed the
Comprehensive Plan and looked at parcels that had potential for development. She
said she felt the Planning Commission is uncomfortable concerning this issue and
that there seems to be some controversy. She felt the process should begin by
having the Planner. and the City Attorney give the Council some material on which
to base their review and consideration and then that could be followed with an
agenda for a joint meeting of the Council and the Planning Commission.
response, Manager Rosland said that staff would be asked to develop various
concepts regarding the issue as soon as possible and then the Council could
consider holding a special meeting with the Planning Commission.
FINAL PLAT APPROVED FOR PINEWOOD. Planner Larsen recalled that the Council
granted preliminary approval on June 20, 1988 for Pinewood, generally located east
of Vernon Avenue and west of Sherwood Road.
single family lots with a new public street being developed on the northerly
portion of the plat, just south of the Harvey Hansen office Building.
conditions imposed at preliminary plat approval have been satisfied and the
proponent is requesting final approval. Staff would recommend final plat
approval, subject to a subdivision dedication based on a value of the one
additional lot of $40,000.
neighbor regarding storm water drainage. Planner Larsen explained that a
developer's agreement has been signed which addresses that concern.
comment being heard, Member Richards introduced the following resolution and moved
approval, subject to a subdivision dedication fee of $3,200.00:
RESOLUTION GRANTING FINAL PLAT
APPROVAL FOR PmOOD
In
The preliminary plat showed four new
All
Member Kelly recalled that there was some concern by a
No further
BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that
certain plat entitled "PINEWOOD", platted by Pinewood Partners of Edina, a
Minnesota-general partnership, and presented at the regular meeting of the City
Council of November 21, 1988, be and is hereby granted final plat approval.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Richards, Turner, Courtney
Passing: Smith
Resolution adopted.
FINAL PLAT APPROVED FOR HED ADDITION.
final plat approval for Hed Addition, generally located at the intersection of
Iroquois Trail and West Trail.
by the Council on August 15, 1988. The plat would create one new buildable lot
and the existing house would remain. The proponents have satisfied conditions
imposed at preliminary plat approval and staff would recommend final plat approval
subject to a subdivision dedication based on a land value of $90,000 for the new
lot.
and moved approval, subject to a subdivision dedication-fee of $7,200.00:
Planner Larsen presented the request for
He recalled that preliminary approval was granted -
No comment being heard, Member Turner introduced the following resolution
RESOLUTION GRANTING FINAL PLAT APPROVAL
FOR €ED ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "'HEI) ADDITION", platted-by Virgil C. Hed and Sharon D. Hed,
his vife, and presented at the regular meeting of the City Council of November 21,
1988 be and is hereby granted final plat approval.
Motion was for adoption of the resolution was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Richards, Smith, Turner, Courtney
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337
Motion carried.
DEED RESTRICTION FOR 5200 WILLSON ROAD (TRACT B. R.L.S. 1501) RETAINED. Planner
Larsen advised that a request has been received from The Lexington Company, owner
of Edina Executive Plaza located at 5200 Willson Road, to release a deed
restriction imposed on the property by the City Council in 1979.
provisions of the restrictions are: 1) limit the property to only one building.,
2) limit total square footage to 52,517 square feet, and 3) that no medical or
dental offices are allowed. The new owners of the property would like to
construct a new office building on the site immediately south of the existing
four-story office building. The new building would contain approximately 10,000
square feet of floor area.
footage on the site would increase to approximately 57,000 square feet. Planner
Larsen referred to the Council Minutes of December 4, 1978 concerning the public
hearing for the initial development of the property. Briefly, there was quite a
bit of discussion about what was the most appropriate use of the property, whether
it be a residential use or office use and what the intensity of the development
should be. The then owner of the property entered into the deed restriction to
allay concerns of the Council and nearby residents concerning the proposed office
use, the size and height of the building, and the traffic generated by the use.
In addition to lifting the deed restriction, the development proposed by The
Lexington Company would require variances for parking quantity and parking
setbacks. A proof of parking
agreement would be impractical since there would not be space available to develop
additional parking. Based on those facts, staff could identify no reasons for
removing the existing deed restriction and would recommend that the restriction be
left in place. Robert Goodpastor, representing The Lexington Company, addressed
the Council.
restriction in itself. Staff had advised them that until the Council welcomed
consideration of releasing the deed restriction The Lexington Company would not be
able to submit the full development plan. He said this was mentioned because they
are not prepared to address all the issues that were raised by the City Planner.
He said the deed restriction centered around the primary concern related to
parking and that they have engaged Barton-Aschman, traffic consultant, whose task
was to assess the current parking requirement of the existing structure in
addition to analyzing the parking demand for the proposed 10,000 square foot
addition.
Zoning Ordinance at the time of initial development required five parking spaces
per 1,000 square foot or approximately 235 parking spaces.
the site now. He advised that Mr. Ryan, The Lexington Company, had conducted a
parking survey over a two week period counting cars at three various times during
the day. The results have been given to Barton-Aschman and they have concurred
with the results that showed that the actual highest use was 2.81.
said that the proposed addition's adjusted gross square footage is 9,150.
Barton-Aschman's report suggested that a ratio of 3 per 1,000 would provide
surplus parking to the site and would result in 168 cars. He said the proposed
site plans showed 3.75 cars per 1,000 or .75 car per 1,000 more than the report
which would calculate out to 211.
parking stalls which exceed the recommendations of Barton-Aschman's report still
falls short of the 235 that exist currently. What they see their proposal doing
is essentially using an under-utilized parking area. Even considering the
addition, they are falling short of what was originally perceived to be the number
of cars that would be generated by this use, which they interpret the deed
restrictions to have attempted to respond to.
without the benefit of all the information, plans and the traffic report, it would
be difficult for the Council to decide solely on the issue. He said their request
is to simply give some direction to staff to pave the way for The Lexington
Company to approach the Community Development and Planning Commission and then the
Council with the full development plan. .Member Richards commented that if the
proponent wanted to make a presentation to the Council that the Council is here to
listen. He added that he did not see anything that suggests that what was done in
the past should be undone. Planner Larsen clarified that he had suggested to the
proponent that if the Council was not willing to consider releasing any or all of
the deed restrictions on the property they should save their money and not go on
further in preparing plans.
recommendation of the Planning Department and resolve to leave the deed
restriction in place. Motion was seconded by Member Turner. Mr. Ryan commented
that they had spent money on the development plans and had not been aware of the
deed restriction until they contacted the City staff.
surprised that they would not have the opportunity to even present their case.
Member Smith responded that whether or not they had made a formal presentation he
would not be persuaded to lift the deed restriction.
for vote on the motion.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
The key
If constructed as proposed, the total building square
The parking quantity variance would be substantial.
He said the request at this meeting was regarding the deed
The existing building adjusted gross square footage is 46,912. The
That is what exists on
Mr. Goodpastor
In summary, he said that the 211 proposed
Mr. Goodpastor concluded that,
Member Smith made a motion to confirm the
He said that he was
Mayor Courtney then called
*BID AWARDED FOR RECONSTRUCTION OF EXECUTIVE COURSE BUILDING.
Member Kelly and was seconded by Member Turner for award of bid for reconstruction
Motion was made by
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of th
...
*--
Executive Course building t
at $180,000.
recommended low bidder, Palani Construction,
Motion carried on rollcall vote, five ayes.
*AWARD OF BID FOR PARK SHELTER BUILDINGS RESTROOMS RECONSTRUCTION TO HANDICAP
ACCESSIBILITY CONTINUED TO 12/05/88. Motion was made by Member Kelly and was
seconded by Member Turner to continue award of bid for park shelter buildings
restrooms reconstruction to handicap accessibility to the Council Meeting of
December 5, 1988.
Motion carried on rollcall vote, five ayes.
TRAFFIC SAFETY COMMITTEE MINUTES OF NOVEMBER 15. 1988 APPROVED. Member Turner
moved approval of the following recommended action listed in Section A of the
Traffic Safety Committee Minutes of November 15, 1988:
1)
continued enforcement activity until the end of 1988, and that the neighborhood
continue surveying the issue of sidewalk installation of Ridgeview Drive;
2) Rosemary Lane;
3)
of St. John's Avenue;
4) To permanently place "NO PARKING EXCEPT SUNDAY, 8:30 AM - 12:30 PM" signs on
the north side of Uest 50th Street, east of Edina Court to Maple Road and that St.
Stephen's include notation in their church bulletin to instruct patrons to park as
closely to curbline as possible;
5) Traffic Engineer that based on the results of speed and volume studies and the
conclusion that the accident ratio was minimal that additional traffic control
devices at the intersection of Interlachen Boulevard could not be justified, send
the letter to the Council for their review and also forward a copy to the Edina
School District;
and to acknowledge Sections B and C of the Minutes. Motion for approval was
seconded by Member Smith.
To include Ridgeview Drive in the Traffic Enforcement Unit's schedule of
To install "NO PARKING, 8 AM - 3 PM, SCHOOL DAYS" signs on both sides of
To place "YIEZD" signs on Ashcroft Lane and Garrison Lane at the intersection
That the Committee acknowledge receipt of the letter from the Hennepin County
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
Member Richards asked if citizens are being recruited to fill the vacancy on the
Traffic Safety Committee. Engineer Hoffman said that notice has been placed in
the Edina Sun-Current and that three individuals have been contacted.
DRAFT PROGRAM FOR ECONOMIC DEVELOPMENT DISTRICT - SOUTHDALE AREA REVIEWED;
TRANSMITTAL TO RICHFIELD/EDINA SCHOOL DISTRICTS AND HENNEPIN COUNTY AUTHORIZED.
Manager Rosland recalled that staff has discussed with the Council on several
occasions the possibility of establishing a tax increment financing district for
the purpose of financing public improvements in the Southdale and Galleria area.
These improvements include the extension of the transit system northerly from
Centennial Lakes and the upgrading of public streets adjoining Southdale and the
Galleria.
the City could create an Economic Development District.
Districts are intended for primarily commercial areas and no findings of blight,
blighting factors, or unusual soil conditions are required to be made as is the
case for Redevelopment District such as those established for Hedberg/Edinborough,
50th/France and Grandview.
area, staff does not believe the necessary findings could be made to create a
Redevelopment District.
that are created via the Economic Development District process may collect
increments for only 8-10 years as opposed to 25 years as in the case of a
Redevelopment District. Therefore, the capacity of Economic Development Districts
to finance improvements is substantially less than Redevelopment Districts.
advised that Attorney Jerry Gilligan and Assistant Manager Hughes have prepared a
draft Development Program for the creation of an Economic Development District for
that portion of the city located south of the Crosstown Highway and east of France
Avenue. Within this area, it is suggested that a tax increment financing district
be established for Southdale and the Galleria. Increments collected from the
expansion of these two could then be used to finance eligible public improvements
throughout the Economic Development District.
increments, the City must approve the tax increment financing plan prior to the
issuance of building permits for building expansions.
Development Program must be reviewed by the Community Development and Planning
Commission and acted upon by the City Council at a public hearing.
Development Program must, however, be forwarded to affected school districts and
Hennepin County as least thirty days prior to the hearing.
Edina and Richfield School Districts are affected. Given the nature of the
proposed district and the debate at the State level concerning tax increment
financing, staff would suggest that the Council review the draft program prior to
forwarding it to the school districts and the county for comment. Member Turner
asked about the alternatives for accomplishing the goals, e.g. how do we finance
building the transit system and the roadway modifications needed in the area.
Also, why would other financing techniques that we have used before not work here
and are there any other possibilities such as grants for financing the transit
In order to establish a tax increment financing district for this area,
Economic Development
Due to the characteristics of the Southdale/Galleria
Manager Rosland explained that tax increment districts
He
In order to capture such
As to procedure, the
The
In this case, both the
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system.
right of way is already in place from the hospital through Centennial Lakes so no
additional right of way is needed.
this district could be used to acquire the necessary hardware such as buses.
this district were not in place the City could use increments from the
Hedberg/Edinborough combined districts to buy that necessary equipment and it
still could operate outside of the Centennial Lakes project.
through The Galleria and Southdale Center without those areas being within a
district.
tax increment districts to purchase that equipment. This would provide more
financial capacity to acquire them with some growth that would occur in the
Southdale/Galleria area.
Board (RTB) money or state funds or another way to cash in on what other
communities have gotten in the way of transit money that the City could get
without going to a tax increment district.
had applied earlier this year for Suburban Mobility Initiative with Urban Mass
Transit which are Federal dollars to run a demonstration program here and were not
successful. At the same time there is UMTA which has funded a demonstration
project in general for the 1-494 Corridor.
demonstration project has been completed there could be some spin off funding
later from the same source to provide some money.
turned down once, it is not sure if that funding exists again for this sort of
project.
Federal funds that perhaps could come down but it seems that everyone at this
point is waiting to get through the demonstration project for the corridor in
general before pursuing anything else.
the transit system being part of the Centennial Lakes Phase I program. It is
probably more of a Phase I1 program in terms of its operation, simply to get
enough density in the area to warrant the system.
that the proposed special legislation for the transit system could provide funds
to cover the whole range of costs but essentially it is for maintenance and
operation.
what would be the pros and cons of using that tool versus tax increment to the
area or to the City as a whole.
available for the whole job; the statute as written would allow the moneys to be
used both for capital costs and maintenance costs.
that the cons in terms of that area is that the special legislation would be an
extra tax on top of the real estate tax dollar. Tax increment would, of course,
divert the taxes being paid already for this purpose so the special legislation
would create an extra burden on those properties.
it is adding more of the valuation of the City to the tax increment district.
to the perimeter road improvements, he observed that the local share of those
improvements, were it not for an economic district, would have to be special
assessments. A couple of those roads, e.g. York Avenue and 66th Street, are part
of the County system so a portion would be financed through the County process;
the local share were it not for an economic district would be assessed back to the
abutting property owners. With regard to State Aid moneys, West 69th Street is on
the State Aid system and those funds could be used for that purpose.
generally a local share regardless of the source that goes back as an assessment
and that would be the case here. Member Turner asked if part of the costs would
be for right of way. Manager Rosland said the City would have to push it if it
feels that York Avenue should be put into proper shape. Some right of way would
have to be acquired to make it work as the engineers think there would probably
have to be a service road on each side. Member Richards asked if without this
kind of detail would the City run the risk of receiving an easy answer from the
school districts affected and the County that this is not a good idea. Assistant
Manager Hughes replied that, typically, we have not received adverse comments from
the school districts in the past; we have received some adverse comments from the
County. Generally speaking, the County has little reason to support these kinds
of things. Member Kelly recalled that the City made a commitment to neighbors on
Valley View Road adjacent to the Southdale area about sound and asked if this
would in any way affect that.
boundary on the west would be France Avenue but that prior to adopting this the
boundary could be expanded and the process could be used to fund that type of
improvement.
District, Assistant Manager Hughes said that the Council would have to approve the
District at a public hearing; that hearing would have to held after the Community
Development and Planning Commission had a chance to review and comment on the
Plan. The hearing could not be any sooner than 30 days after a notice goes out to
the school districts and to the County. If the Council wished to proceed and have
notice sent to the school districts and the County it would be heard by the
Planning Commission on November 30 and then it could not then be considered by the
Council before the January 9 meeting.
and approve the Development District which would have to precede any building
permits issued for any of the developments out there in order to capture them.
Member Richards asked if it would be possible to include dissemination of that
information to all the businesses and major property owners in that area so that
they would have the opportunity to look at it and comment on it prior to the
public hearing.
As to the transit system, Assistant Manager Hughes commented that all the
The increments that could be collected from
If
You could go nor.th
It would put more financial burden on the Centennial Lakes/Edinborough
Member Turner then asked if there is any Rapid Transit
Assistant Manager Hughes said that we
It is possible that after that
Because the City has been
As to the RTB, ultimately their source of money may be some other
He added that the we have never looked at
Attorney Erickson commented
Member Turner asked if that could be the tool for the whole job and
Attorney Erickson said that yes, that is
Assistant Manager Hughes said
The part against would be that
As
There is
Assistant Manager Hughes said that the district
With regard to timing on establishing the Economic Development
The Council would approve the Finance Plan
Member Smith referred to the three existing tax increment
11/21/88
340
districts in the City and asked how many the City can handle.
said that once the District is formed we probably would not be doing anything as
far as spending dollars for several years as the transit system is more in Phase
I1 of Centennial Lakes.
might be able to accomplish with Centennial Lakes and, if it is going to be used
as a possible alternative funding mechanism, that if the District is not
established now we will lose the window all together and not even be able to
consider it because of what will be done at Southdale. Member Richards then
introduced the following resolution and moved its adoption:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
authorizes transmittal to the Richfield and Edina School Districts, to Hennepin
County and to the major property owners within the proposed District, of the draft'
Development Program for Development District No. 1 and the Tax Increment Financing
Plan for Tax Increment Financing District No. 88-2 of the City;
BE IT FURTHER RESOLVED that staff proceed for a public hearing on designation of
the Development District and approval of a Tax Increment Financing Plan be held on
Monday, January 9, 1989. Motion for adoption of the resolution was seconded by
Member Smith.
Rollcall :
Ayes: Richards, Smith, Turner, Courtney
Abstaining: Kelly
Resolution adopted.
Manager Rosland
Member Richards commented that this is part of what we
RESOLUTION
BENEFITS STUDY TO BE DISCUSSED ON 12/5/88 AGENDA. Member Richards made a motion
that the Benefits Study be discussed by the Council at the December 5, 1988
meeting. Motion was seconded by Member Turner.
Ayes: Kelly, Richards, Smith, Turner, Courtney
Motion carried.
LIQUOR STORES REPORT ACKNOWLEDGED.
attention to the Liquor Stores Report which explored the question of whether the
City should stay in the liquor store business. The report examined five aspects
of the question and sets forth specific performance targets that the staff would
aim toward if the City retains its off-sale liquor operations. Five aspects were
looked at: 1) financial, 2) worth of the stores, 3) legal considerations of
selling the stores, 4) social issues, and 5) programs to enhance the image of the
stores. He said the bottom line is the recommendation that the City retain the
liquor stores and implement the suggestions made in the report to achieve a net
profit of ten percent. Manager Rosland then briefly reviewed the details of the
report and explained that the recommendation is based upon these factors: a) The
stores are worth more to the City as going businesses than as taxable property.
That is to say the net worth of the stores substantially exceeds any proceeds that
could be realized through sale at this time; b) All stores are profitable; none
show losses; c) We are poised to substantially improve the usefulness of the LOGIS
liquor management system, and d) Although the 50th Street store shows somewhat
disappointing income, retaining an off-sale presence in the SOth/France area
insures that competition will think twice before locating nearby.
competition should occur, it could negatively impact sales at the Grandview Store
instead of helping them. The Council Members commented that it was a good report
and informally agreed with the recommendation.
Manager Rosland directed the Council's
If such
No formal action was taken.
PUBLIC HEARING CONDUCTED ON TRANSFER OF OWNERSHIP OF GRANTEE - CABLE FRANCHISE:
RESOLUTIONS ADOPTED APPROVING EXTENSION OF TIME FOR EXECUTION OF TRANSFER
DOCUMENTS, APPROVING JOINT PUBLIC HEARING BEFORE SWSCC. APPROVING RECOMMENDATIONS
OF SWING. APPROVING SETTLEMENT WITH GRANTEE UNDER FRANCHISE ORDINANCE: AMENDMENT
TO CATV RELIEF ORDINANCE NO. 1121 ADOPTED. Pursuant to due notice being given, a
public hearing was held to consider amending the CATV Relief Ordinance No. 1121 by
providing modifications of the ordinance in contemplation of the transfer of
ownership of the company holding the City's cable communications franchise.
Manager Rosland advised that Rogers Cablesystems, Inc. is selling all of its U.S.
holdings and has requested the City to approve a transfer of ownership of Edina's
cable system to KBL, Inc., a subsidiary of Houston Industries, Inc. As part of
this transfer process, the City has been asked to take action on a number of
matters involving the cable operator and operations for the five southwestern
communities (the Cities). Those actions are summarized as follows: 1) Resolution
extending time to comply with requirements to complete the transfer of the
Franchise to Rogers Cablesystems of the Southwest, Inc. Obtaining final execution
of the final documents required has taken longer than the prior approvals allowed.
2) review the transfer of stock of Rogers Communications, Inc. (the parent
corporation of Franchisee) to KBL Cable, Inc. SWSCC will hold this hearing for
all Cities and make a recommendation as to whether to allow the stock transfer.
3) Residential CATV Network. Approval is
to be done by (i) adoption of a resolution approving the Stipulation of Settlement
and Release and (ii) adoption of an Ordinance amending CATV Relief Ordinance No.
1121. Manager Rosland summarized the provisions of the Settlement as follows: (i)
The Cities will be paid $3.5 million (U.S.) Edina's share is 25%. (ii) The
Resolution authorizing a public hearing by SWSCC on November 30, 1988 to
Resolution approving the SWING report relative to enhancement of the
4) Approval of settlement with Franchisee.
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341
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annual franchis fee goes from 3% t 5% of gross revenues. (iii) Th Cities waive
the right to purchase the CATV system prior-to the sale to KBL Cable, Inc. (iv)
The Cities release the provision terminating the Relief Ordinance upon sale of the
CATV System. (v) Waiver by Cities of cost of reimbursement in excess of amounts
paid. (vi) Completion by Franchisee of enhancement of Residential Network per
SWING Report, with Cities paying one-half up to $17,600.00.
Settlement are: (a)
45 days.
Adoption of Amendment to Performance Agreement by all Cities.
stock transfer to KBL Cable, Inc. within 6 months (extendable by Franchisee or
SWSCC for additional 6 months). Following discussion, actio? was taken by the
Council on the various documents as follows. Member Smith introduced the
following resolution and moved adoption:
Contingencies to
Adoption of similar resolution approval by all Cities within
(c) (b) Adoption of the CATV Relief Ordinance Amendment by all Cities.
(d) Closing of
RESOLUTION APPROVING AN EXTENSION OF TIME
FOR THE EXECUTION OF TRANSFER DOCUMENTS
WHEREAS, the City of Edina, Minnesota ("City") has granted a cable television
franchise (the "Franchise") to Rogers Cablesystems of Minnesota Limited
Partnership ("RcmS") pursuant to the City's cable communications ordinance (the
"Franchise Ordinance"); and
WHEREAS, Rogers Cablesystems of the Southwest, Inc. ("RCTSI") is the sole general
partner of RcmS and is a wholly-owned subsidiary of Rogers U.S. Cablesystems,
Inc. ("RUSCI"), which is a wholly-owned subsidiary of Rogers Cablesystems of
America, Inc. ("RCA") (collectively hereinafter referred to as "Rogers
Companies") ; and
WHEREAS, on or about July 11, 1988, the City, pursuant to Resolution approved the
transfer of the franchise from RCMLP to RCTSI; and
WHEREAS, the approval of the transfer considered in Resolution is conditioned on
the filing by RCTSI of necessary documents in conformance with the requirements in
Article XIV, Section 2, of the Franchise Ordinance; and
WHEREAS, due to matters arising from the sale of RCA Cablesystems Holding Co.,
there is a need to extend the time for execution and filing of the documents
required by the Resolution; and
WHEREAS, RCTSI acknowledges that the Stipulation of Settlement and Release
approved by the SWSCC and submitted for approval to its Member Cities shall be
binding on RCMLP;
NOW, THEREFORE, BE IT RESOLVED:
The City hereby consents to the extension of time for filing documents required by
Section A of Resolution as follows:
That the Acceptance Agreement containing the requirements set forth in
Article XIV, Section 2 of the Franchise Ordinance will be executed and filed
with the City on or before March 1, 1989.
Passed and adopted this 21st day of November, 1988, by the City of Edina.
ATTEST :
City Clerk
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Abstaining: Richards
Resolution adopted.
Member Smith introduced the following resolution and moved adoption:
RESOLIPTION APPROVING A JOINT PUBLIC HEARING
BEFORE THE SOUTHGTEST SUBURBAN CABLE COMMISSION
ON A PROPOSED TRBNSFER OF O'RNERSHIP
RELATING TO THE CABLE COMMUNICATIONS FRANCHISE
FOR THE CITY OF EDINA
WHEREAS, the City Council of the City of Edina ("City") is the official governing
body of the City; and,
WHEREAS, the City, in association with the Cities of Eden Prairie, Hopkins,
Minnetonka and Richfield ("Member Cities") formed the Southwest Suburban Cable
Commission ("SWSCC"), a joint powers commission; and,
WHEREAS, the City, in association with the other Member Cities, granted a Cable
Communications Franchise ("Franchise") to Rogers Cablesystems of the Southwest,
Inc. ("Rogers"); and,
WJERJQU, Minnesota Statutes Section 238.081, Subdivision 5, authorized the City to
delegate authority vested in it to grant, administer, and enforce the Franchise;
and,
WHEREAS, Article XIII, Section 3, of the Franchise authorizes the City to delegate
from time to time certain rights or obligations under the Franchise to the SWSCC;
and,
WHEREAS, Minnesota Statutes Section 238.083 provides that a public hearing may be
held in the event of a proposed transfer of ownership of the Franchise; and,
WHEREAS, Rogers has proposed a transfer of ownership to KBL Cable, Inc. of the
Grantee of the Franchise through the transfer of the controlling stock interest in
an indirect parent corporation of the Grantee; and,
11/21/88
342
WHEREAS, the City, in cooperation with the other Member Cities, wishes to hold a
joint public hearing to consider the proposed transfer of ownership pertaining to
the Franchise; and,
WEEREAS, the SVSCC through its Operating Committee has recommended to the City and
the Member Cities that a joint public hearing relating to this proposed transfer
of ownership be held on behalf of all Member Cities on November 30, 1988, before
the SVSCC at the Edina City Hall beginning at 7:OO p.m.; and,
WEEREAS, legal public notice of said public hearing shall be published inviting
any interested person to discuss the legal, technical and financial qualifications
and character of the proposed transferee; and,
IJHERFU, this public hearing and legal notice shall be in satisfaction of all
state and local public hearing requirements related to the proposed transfer of
ownership.
NOW, THEREFORE, in a regular meeting assembled of the City Council of the City of
Ed-, the following was resolved:
1,
Member Cities, to hold a joht public hearing on the proposed transfer of
ownership of the Franchise on November 30, 1988.
2. Legal notice of this hearing will be published by the SUSCC pursuant to the
requirements of state and local law.
3. All interested persons in the City who wish to attend or participate in the
public hearing on the proposed transfer of ownership of the Franchise are asked to
attend the joint public hearing on November 30, 1988.
4. The foregobg notice of public hearing and public hearing shall satisfy all
state and local requirements pertaining to this proposed transfer of ownership of
the Franchise.
This Resolution is passed and adopted the 21st day of November, 1988.
I The SUSCC is requested on behalf of the City, in cooperation with the other
City Clerk
Motion for adoption of the resolution was seconded by Member Kelly.
Rollcall:
Ayes: Kelly, Smith, Turner, Courtney
Abstaining: Richards
Resolution adopted.
Member Kelly introduced the following resolution and moved adoption:
RESOLUTION BPPROVING RECOMMENDATIONS OF
SOUTBGJEST INSTITUTIONAL NETUORK GROUP ISWING)
WHEREAS, during relief negotiations with Rogers Cablesystems, Inc. (Rogers), in
1985, the Southwest Suburban Cable Commission (SUSCC) agreed to temporarily
relieve Rogers of their obligation to provide an institutional network tkough the
Southwest suburbs for video, voice and data transmission, and
WHEREAS, the relief of this obligation was hinged on the formation of a study
group to evaluate the viability of such a network in the area: and
VHEBEBS, the study group named the Southwest Institutional Network Group (SQING)
was selected by the SUSCC and Rogers in the Spring of 1987 and began their study
in August 1987; and
WHEREAS, SUING after completion of their study has prepared Findings and made
Recommendations to the SUSCC; and
WHEREAS, the SUSCC at their meeting on September 7, 1988 approved the following
recommendations to the Member Cities:
1) The requirement to build an I-net in the SU franchise area should
be deferred for a minimum of five years or until such time as a sizeable
base of institutional users is identified and secured to finance the capital
expense without cable subscriber subsidy.
2) of the I-net should be at the Commission's discretion.
3) cost share between the SUSCC and the cable company of the $35,321 amount.
The Commission, by contributing $17,660.50, is making sure the enhancement
is begun prior to transfer of the system and completed shortly thereafter as
the ordering of equipment allows. In order to recoup some of the cost in the
future from the school districts, requests for channel time on the government
and public access channel will be negotiated at a cost to the school
districts.
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby approves the
recommendations of the SUSCC as herein set out and authorizes the contribution by
SUSCC of $17,660.50.
Future study of the telecommunications market and economic feasibility
That the enhancement of the residential network be implemented in a 50%
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AmST :
-%A% w
City Clerk
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
11/21/88
343
Abstaining: Richards
Resolution adopted.
Member Turner introduced the following resolution and moved adoption:
RESOLUTION APPROVING A SETTLEW3NT WITH THE GRANTEE
UNDER THE CITY'S CABLE COMMUNICATIONS FRANCHISE ORDINANCE
REGARDING TBE EXTENSION OF THE TERM OF THE CATV RELIEF ORDINANCE,
BASED UPON CERTAIN MODIFICATIONS THEREOF, TO A PROPOSED TRANSFEREE
OF THE FRANCHISE FOR THE CITY'S CABLE COMMUNICATION SYSTEM
WHEREAS, the City Council of the City of Edina ("City") is the official governing
body of City; and
WHEREAS, City, in association with other cities, granted a Cable Communications
Franchise tg Rogers Cablesystems of the Southwest, Inc. ("Grantee"); and
WHEREAS, the City adopted the CATV Relief Ordinance No. 1121 in 1985 ("CATV Relief
Ordinance"), providing for modifications of the requirements of the City's Cable
Communications Franchise Ordinance ("Franchise"); and
WHEREAS, in approximately August 1988, Rogers Communications, Inc. "(Rogers"),
notified City and the Southwest Suburban Cable Commission ("SWSCC"), a joint
powers commission comprised of this City and the cities of Eden Prairie, Hopkins,
Minnetonka, and Richfield ("Member Cities"), of the fact that Rogers intended to
sell all interest and holdings in its U.S. cable systems to KBL Cable, Inc., a
Texas corporation ("Proposed Transferee"); and
WHEREAS, as part of Rogers' proposed sale of its U.S. cable systems, Rogers
requested that the City extend the term of the CATV Relief Ordinance after the
Closing; and
WHEREAS, on behalf of this City and other Member Cities of the SWSCC, the SWSCC
undertook an evaluation and study of the request of Rogers; and
WHEREAS, after considerable study and negotiation, the SWSCC made a recommendation
based upon the final offer of Rogers, which is included as Exhibit 1 to this
Resolution as a Stipulation of Settlement and Release ("Stipulation"); and
WHEREAS, at a Commission meeting of the SWSCC on September 7, 1988, the SWSCC
recommended that the City approve and accept the conditions under which an
extension of the terms of the CATV Relief Ordinance would be made; and
WHEREAS, the City has reviewed the recommendation of the SWSCC and the Stipulation
and has determined that an extension of the CATV Relief Ordinance as amended, in
accordance with the requirements set forth in the Stipulation, is reasonable and
acceptable to the City; and
WHEREAS, the City understands that Grantee and Rogers agree that the terms of the
Stipulation shall not be effective unless the Proposed Transferee enters into a
Guarantee Agreement on or before the time of Closing agreeing to guarantee
Grantee's performance of the Franchise as amended, the Stipulation, the CATV
Relief Ordinance as amended, the Performance Agreement as amended, and compliance
with the acceptance terms of the Franchise; and
WHEREAS, the City acknowledges that the SWSCC has incurred substantial expense in
evaluating this proposed settlement, as set forth in the Stipulation.
also has incurred expense in this process.
for the expenses incurred.
undertaken by the SWSCC, the Grantee has paid monies towards such expenses
incurred by SWSCC. The balance of such expenses of SWSCC and also the City will
be paid from the funds paid pursuant to paragraph 7 be1ow;'and
WHEREAS, the SWSCC has recommended that Rogers pay to it directly the proceeds of
the settlement pursuant to the Stipulation and such monies be held by the SWSCC
until the SWSCC is able to recommend the best use and distribution for on behalf
of each of the Member Cities; and
WEEREAS, the City has determined that the Stipulation with its attached Exhibits
and Resolution, shall not be effective until the sale and transfer by Rogers to
the Proposed Transferee is completed. The terms of this Resolution shall not be
effective until Grantee and Rogers have complied in full with the Resolution and
satisfied all of the requirements of this Resolution, the Stipulation, the
acceptance of modifications to the Performance Agreement, and the amendment to the
CATV Relief Ordinance, as well as having closed with the Proposed Transferee.
NOW, TEEREFORE, in a regular meeting assembled of the City Council of the City of
Edina, the following was resolved:
Exhibit 1, is hereby approved and the Mayor and City Manager are authorized to
sign the same on behalf of the City.
adoption of the CATV Relief Ordinance Amendment and Amendment to Performance
Agreement, which are attached to the Stipulation, by the City, other Member Cities
of the SWSCC and the SWSCC.
Resolution is not approved by other Member Cities of the SWSCC within 45 days from
the date of thLs Resolution.
and Rogers shall have signed the Stipulation and the Proposed Transferee
guarantees the performance of the Grantee and satisfies the transfer requirements
of the Franchise.
not be effective, unless Proposed Transferee enters into a guarantee agreement on
or before the time of Closing of transfer of ownership from Rogers to Proposed
The City
Both the SWSCC and City must be paid
The City acknowledges that as part of the process
1) That the Stipulation with its exhibits, which is attached hereto as
2) That the terms of this Resolution are contingent upon approval and
3) That the terms of this Resolution shall be null and void if a similar
4) That the terms of this Resolution shall be null and void unless Grantee
5) This Stipulation and all of its lhhibits shall be null and void and shall
11/21 /88
344
Transferee agreeing to guarantee Grantee's performance of the Franchise as
amended, this Stipulation, the CATV Relief Ordinance as amended, and the
Performance Agreement as amended, and unless the Proposed Transferee complies with
the terms of Article XIV of the Franchise; and
That if a Closing of the transfer by and between Rogers and the Proposed
Transferee does not occur within six (6) months, the terms of this Resolution
shall be null and void.
Member Cities has given final approval to a similar resolution.
period may be extended by either Grantee or SWSCC for an additional six (6) months
without further consideration.
and mailed to the last known address of each of the parties identified herein.
The Closing shall also provide that the Proposed Transferee of the Franchise shall
agree to be botmd by the terms in this Resolution and shall guarantee Grantee's
performance of the Franchise, the CATV Relief Ordinance and Amendment to the CATV
Relief Ordinance, the Stipulation and such other requirements as may be set forth
in the resolution by the City approving the transfer to the Proposed Transferee.
The SWSCC is hereby authorized to collect the sum of $3.5 Million (U.S.)
in immediately available U.S. funds wired by Rogers to the SWSCC account, First
Bank Mhneapolis, Account No. 602-3377-564 at the time of the Closing betveen
Rogers and its Proposed Transferee. The sum so collected by the SWSCC may be
deposited in the account of the SWSCC and invested in accordance with requirements
applicable to municipalities. Within thirty (30) days after the $3.5 Million
(U.S.) payment is deposited in the SWSCC account, the SWSCC shall accomplish the
6)
The 6-month period commences when the last of the five
The 6-month
Notice of such extension must be done in writing
I
7)
folloving:
(a) The SWSCC is authorized to reimburse itself for its costs and
expenses in connection with the Stipulation and not previously paid for
by the Grantee and Rogers.
advance payment made by the Member Cities to the SWSCC for expenses of
the SWSCC in connection with this Stipulation.
pursuant to Section 2 of the Stipulation, if required, the Cities' portion
of costs for the enhancement of the subscriber netvork as identified in
the Stipulation.
interest will be disbursed by the SWSCC in accordance with paragraph 8 below.
8)
Cities, the SWSCC shall distribute the balance of the proceeds to the Member
Cities in accordance with the folloving distribution formula and City shall be
responsible for its own costs and expenses in connection with this Stipulation out
of its portion of the distribution:
PROPORTIONAL DISTRIBUTION*
(b) The SWSCC will reimburse to each of the Member Cities an
(c) The SWSCC will pay to Rogers or place the sum in escrow
(d) The balance of the $3.5 Million (U.S.) together with accrued
Unless otherwise specifically authorized by resolution of all the Member I
Eden Prairie 20.0% $ 700,000
Edina 25.0 875,000
Hopkins 10.0 350 , 000
Minnetonka 24.5 857 , 500
Richfield 20.5 717 , 500
TOTAL 100.0% $3,500,000
*Based on an average of each city's proportion of the total
subscriber revenues for the 7-year period of the Relief Agreement
adjusted to reflect the fact that each city provides an equal
contribution for a portion of the funding of the SWSCC.
The SWSCC shall review cable-related needs of the Member Cities and shall make its
recommendations on the uses of the $3.5 Million (U.S.) proceeds prior to the
Closing between Grantee and the Proposed Transferee. The Member Cities shall have
the opportunity for consideration and approval.
recommendations shall not delay distribution of such balance to the Member Cities.
Consideration of such
This Resolution is passed and idopted
ATTEST :
the 21st day of November, - 1988.
Motion for adoption of the resolution was seconded by Member Smith.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Abstaining: Richards
Resolution adopted.
Member Turner moved adoption Ordinance No. 1121-81 as follows, with waiver of
Second Reading :
ORDINANCE NO. 1121-81
AN ORDINANCE &KENDING CATV RELIEF ORDINANCE,
ORDINANCE NO. 1121, PROVIDING MODIFICATIONS IN
CONTEMPLATION OF A TRANSPER OF OrJNwsHIP OF THE CITY'S
CABLE COMMUNICATIONS FRANCHISE AND PERMTTING CONTI"CE OF
RELIEF TO THE TRANSFEREE OF THE FRANCHISE IN ACCORDANCE WITH THIS ORDINANCE
THE CITY COUNCIL OF THE CITY OF EDINA, MNNESOTA, ORDAINS AS FOILOWS:
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345
CU Ln Ln 72 a 5
Section 1. Short Title.
Section 2. Background and Purpose.
and holding in its U.S. cable systems to KBL Cable, Inc., a Texas corporation
("Proposed Transferee"). The transfer from Rogers to the Proposed Transferee
shall be effectuated through the transfer of the controlling stock interest in RCA
Cablesystems Holding Co., the parent corporation of the Grantee.
previously granted relief to the Grantee under the Franchise by Ordinance known as
the CATV Relief Ordinance. Rogers has requested relief from the Franchise to be
extended after the Closing, irrespective of the requirement in the CATV Relief
Ordinance that the CATV Relief Ordinance terminates upon transfer of ownership and
control of Grantee of the Franchise to a new owner.
request of Rogers and recommended extending certain portions of the CATV Relief
Ordinance to a proposed new owner.
with certain conditions by the Grantee and the acceptance of requirements
including this Ordinance, by the Proposed Transferee of the Franchise. A
Stipulation of Settlement with Rogers and Grantee, Exhibit A ("Stipulation") and a
Resolution of Approval of Settlement, Exhibit B ("Resolution"), are attached. The
Stipulation and Resolution provide a description of requirements and conditions
and are made part of this Ordinance by reference.
effective only if the Stipulation and Resolution are satisfied and Proposed
Transferee agrees to be bound by the terms of this Ordinance as part of its
acceptance of the transfer of the ownership of Grantee.
Section 3.
follows :
This Ordinance shall be known as the "CATV Relief Ordinance Amendment."
Rogers Communications, Inc. ("Rogers") has agreed to' sell all interests
The City
The Southwest Suburban Cable Commission ("SWSCC") has reviewed the
This recommendation is based upon compliance
This Ordinance will be
That Section 4 of the Relief Ordinance is hereby amended to read as
SECTION 4. DEFINITIONS.
Subdivision 1.
Ordinance.
Subdivision 2.
the meanings given them:
(1) "Franchise" means the Cable Communications Ordinance as now or
hereafter amended.
(2) "Local Programming Obligations" means, for the purpose of this
ordinance, Grantee's obligations under the Franchise and the Offering for
cablecast access, community access and local origination programming.
Grantee, City and SWSCC providing a means for monitoring Grantee's financial
condition, assuring an adequate level of local programming, and providing for
certain other matters related to Grantee's requested relief, as amended.
The definitions in the Franchise also apply to this
In addition, the following words and phrases shall have
(3) "Performance Agreement" means a contractual agreement between
Section 4. That Section 5 of the CATV Relief Ordinance is amended to read as
follows :
SECTION 5. RELIEF GRANTED.
While this Ordinance is in effect the obligations of Grantee are modified to
the extent provided in this section.
this Ordinance No. 1121-Al, the annual franchise fee shall be 3% of gross
revenues. Commencing with the effective date of this Ordinance No. 1121-A1
the annual franchise fee is 5% of Gross Revenues. Such annual fee shall be
paid to City in equal quarterly payments on or before the first day of each of
the months of November, February, May and August next following the end of
Grantee's fiscal year.
Subdivision 2.
reduce the required amount of the Letter of Credit below $50,000 if in its
sole discretion it determines that a lesser amount is reasonable and adequate
to protect the public.
of the Letter of Credit to be increased or fully restored to the amount of
$50,000.
written notice has been given by the City.
$300,000 performance bond required by the Franchise. The City Council may
thereafter by resolution require that such bond, or a similar bond in a lesser
amount, be provided by Grantee.
within sixty days after written notice has been given by the City.
least 1% of its annual Gross Revenues each fiscal year in fulfilling its Local
Programming Obligations under the Franchise Local Programming Obligations
under the Franchise for public, governmental, and educational access, but it
shall not be obligated to expend more than that amount for such access. That
amount shall not include any costs of operation, capital for access equipment
replacement previously agreed to by the parties in Exhibit 2 to the Contract
for Local Programming Facilities, which is Exhibit A to the Performance
Agreement, which shows the equipment to be maintained and replaced, or
administration not directly related to the provision of local programming.
This expenditure shall be in complete satisfaction of Grantee's total Local
Programming Obligations during the.period of this ordinance.
That Section 6 of the Relief Ordinance is hereby amended to read as
Subdivision 1. Franchise Fees - Percentage. Until the effective date of
Letters of Credit. The City Council may by resolution
It may thereafter, by resolution, require the amount
Grantee shall comply with this requirement within sixty days after
Subdivision 3. Performance Bond. The Grantee may dispense with the
Grantee shall comply with this requirement
Subdivision 4. Local Programming Obligations. Grantee shall expend at
Section 5.
follows :
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346
SECTION 6. AUTOMATIC TERMNBTION OF RELIEF ORDINANCE PROVISIONS.
The provisions of this ordinance, and the relief herein granted, shall cease
to be effective, automatically, upon the occurrence of the earliest of any of
the following events:
Subdivision 1. March 1, 1991.
Subdivision 2. Failure of the Grantee to restore or replace the full
required amount of the Letter of Credit as provided in Article VIII,
Section 4, paragraph H of the Franchise.
either a Letter of Credit or bond within sixty days of written notice by the
City, as provided in Section 5, Subdivisions 2 and 3 of this ordinance.
term, condition or provision of this Relief Ordinance is invalid or
unenforceable, as a result of any action taken by Grantee or anyone acting on
Grantee's behalf seeking such determination.
Subdivision 3. Failure of the Grantee to restore, replace or increase
I Subdivision 4. A holding or determination by any court or agency that any
Subdivision 5. Termination of the Franchise.
Section 6. That Section 7 of the Relief Ordinance is amended to read as follows:
SECTION 7. OTBER TERMINATIONS.
This ordinance may also be terminated for cause, under the same procedures for
termination as are contained in the Franchise, for the following reasons:
including the Relief Ordinance as amended, except to the extent that Grantee's
performance obligations are modified in this Ordinance.
provisions of the Performance Agreement.
This ordinance shall be effective upon passage and adoption by City and upon
(1) Publication of this Ordinance;
(2) Ordinance similar to this Ordinance within 45 days of the adoption of this
Ordinance;
(3) Conformance by Grantee with all the terms and conditions of the
Resolution, Exhibit B, and of the Stipulation, Exhibit A, and of the Amendment
to the Performance Agreement, Exhibit DD to the Stipulation, mibit A.
(4)
(5)
within one (1) year from the date hereof and notice thereof to the Member
Cities of SWSCC.
(6) required by Paragraph 5 of the Stipulation.
Subdivision 1. All grounds for termination provided in the Franchise,
Subdivision 2. Failure of the Grantee to comply vith any of the
Section 7. Effective Date.
satisfaction of all of the following conditions:
Passage and adoption by each of the Member Cities of the SWSCC of an
Acceptance by Grantee in conformance with Section 8 of this Ordinance:
Closing of the transfer of ownership from Rogers to Proposed Transferee I Execution and delivery by Proposed Transferee of a guarantee agreement as
Section 8.
Guarantees.
Except as otherwise provided herein, this Ordinance shall be effective in
accordance with the provisions of Article XIV of the Franchise including delivery
to the City of the acceptance, opinion of legal counsel, guarantees and other
documents as required by said Article XIV.
November, 1988.
Acceptance of the Relief Ordinance as amended; Providing of
Passed by the City Council of the City of Edina, Minnesota, this 21st day of
&\ Mayor ATTEST :
*&JG% k
City Clerk
Motion for adoption of the ordinance was seconded by Member Kelly.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Abstaining: Richards
Ordinance adopted.
RESOLUTION ADOPTED OPPOSING STATE FUNDING OF MINNEAPOLIS/ST. PAUL COMBINED SEWER.
Manager Rosland advised that the Suburban Rate Authority (SRA) has requested that
member cities approve a resolution opposing state funding of the Minneapolis and
St. Paul combined sewer separation.
has been very active in working with the MPCA and others to develop a method of
funding combined sewer separation projects in the two core cities. Subsequently,
the Legislature passed a bill providing for a loan and grant program which would
enable St. Paul and Minneapolis to complete their sewer separations by 1996. The
scheme settled on included a combination of federal grants, no interest state
loans to be repaid beginning in 1996, state grants and self-help.
hours of the last Legislature, two provisions were inserted in the appropriations
bill which repealed the provisions requiring repayment of the loans.
the repealer forgave the approximately $32 Million that was to be repaid by the
two cities in 1996. Another factor is the abolition of the federal grant program.
It now appears that the federal share will be reduced by approximately $49 Million
from that expected when the funding plan was developed. The Legislature will have
to face the problem in the upcoming session.
two cities will ask the Legislature to make up the $49 Million in federal money
Finance Director Wallin explained the the SRA
In the waning
In effect,
The SRA Board anticipates that the
11/21/88
347
which will n t be forthcoming. The Board fe 1s it is patently unfair for the
residents of the state to pay for the replacement and separation of sewers in the
two cities as most cities have paid for their own separate storm and sanitary
sewer systems.
cities speak up. In addition to passing the resolution, elected officials should
make sure that their state legislative delegation understands the problems.
Member Turner noted that the AMM policy on this issue has been that if the state
government continues to pursue the accelerated CSO program in the core cities that
is also continue to provide funding to ensure that neither local property taxes
nor metropolitan sanitary sewer costs are increased due to the accelerated build
effort. The AMM Board has requested that it have the opportunity to review and
comment on any proposed legislation for significant change in the financing for
the separation project.
requiring repayment of the $32 Million loan, Member Turner commented that the
reason for the repealer was that there was a trade-off.
projects that would have been paid for by state money, e.g. Como Park and River
Road Project, were picked up by Minneapolis and St. Paul as the trade-off for
forgiving the $32 Million loan.
Member Smith introduced the following resolution and moved adoption:
RESOLUTION
UJBREAS, the Suburban Rate Authority has assisted the Metropolitan Council, the
Minnesota Pollution Control Agency and the Minnesota Legislature in formulating a
program for funding combined sewer separation in the cities of Minneapolis and St.
Paul; and
'RIIEREBS, such sewer separation is required by law and by contract, and is
otherwise desirable; and
UJBREAS, expected federal funding for the program has been cancelled and
replacement funding must be identified; and
WHlBEAS, most cities in the seven county metropolitan area have built separate
sanitary and storm sewer systems, principally through local funding;
NOW, THEREFORE, the Council of the City of Edina, does by this resolution state
that it is opposed to the spreading of the replacement funding upon the State
Treasury, and that it believes the most equitable resolution is for the affected
cities to themselves provide that funding.
Motion for adoption of the resolution was seconded by Member Richards.
Therefore, the SRA Board feels it is imperative that the member
With regard to the legislation repealing the provisions
Two regional park
Following discussion on the proposed resolution,
Rollc a1 1 :
Ayes: Kelly, Richards, Smith, Turner, Courtney
Resolution adopted .
*1989 LABORATORY SERVICES AGREEMENT WITH HENNEPIN COUNTY APPROVED. Motion was
made by Member Turner and seconded by Member Kelly for adoption of the following
resolution:
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
authorizes and directs the Mayor and Manager to execute Agreement No. 90137
between the County of Hennepin and the City of Edina, for the period of January 1,
1989 through December 31, 1989 for the purpose of providing Environmental Health
Laboratory Services for Hennepin County.
RESOLUTION
Motion carried on rollcall vote, five ayes.
LETTER OF MARY LAYER REGARDING RAMP PARKING DISCUSSED. Manager Rosland referred
to a letter addressed to the Council dated November 21, 1988 from Mary C. Layer,
The Lanterns, requesting permission to obtain a parking permit which would allow
parking in excess of the time limits posted in the ramps. Specifically, she and
apparently other residents of The Lanterns wish to park their cars overnight in
the 51st Street Ramp.
to Ordinance No. 1232 only persons employed by businesses at 50th and France may
purchase such stickers.
permit has been discouraged due to the risk of vandalism or theft.
not closed or gated at night and the City does not employ a security service for
the ramps.
to prepare an amendment to the ordinance. Staff would recommend against such an
amendment due fo concerns about overnight parking.
the Council that staff should respond to Ms. Layer and tell her that the Council
has denied her request because 1) the City has always discouraged overnight
parking in municipal ramps due to risk of vandalism, etc. and 2) the City is
concerned that if overnight parking were granted individuals may ask for long term
storage of vehicles which would conflict with the intended purpose of the ramps.
COUNCIL LIAISON WITH BOARDS/COMMISSIONS DISCUSSED. Member Turner commented that
with the new Council in January that the matter of Council liaison with boards and
commissions would be reviewed. She reminded the Council that she is currently the
elected representative on the South Hennepin Human Services Council Board.
is a working board and specifically requires a member of the Council.
Courtney also pointed out that the representative to the Southwest Suburban Cable
Commission must be an elected official.
Parking permits are available at 50th/France but according
In addition, overnight parking by persons possessing a
The ramps are
If the Council wished to consider the request, it should direct staff
It was informally agreed by
That
Mayor
APPOINTMENT PROCESS FOR COUNCIL MEMBER DISCUSSED. Member Turner commented that
she has received calls rezardine the Council appointment to be made in January,
11/21/88
348
She suggested that the public be informed as to the process that will be followed.
Member Richards commented that the process is open, but that the Council cannot
formally deal with the appointment until the first meeting in January when there
will be a vacancy.
forth his thoughts on how to proceed so that this can be discussed by the Council
at the December 5 meeting.
COUNCIL PACKET BEING SENT TO COUNCIL MEMBER ELECT PAULUS.
that a Council packet has been sent to Council Member Elect Jane Paulus and that
we will continue to provide a packet to her until she takes office in January.
said he had also invited her to attend the Council meetings.
CLAIMS PAID.
approve payment of the following claims as per pre-list dated 11/21/88: General
Fund $329,452.96, Art Center $3,620.04, Capital Fund $12,434.50, Swimming Pool
Fund $118.84, Golf Course Fund $12,278.08, Recreation Center Fund $143,118.26, Gun
Range Fund $369.01, Edinborough Park $9,573.86, Utility Fund $9,376.69, Liquor
Dispensary Fund $77,086.52, Construction Fund $59,690.43, Total $657,129.19 and
for confirmation of payment of the following claims dated 10/31/88: General Fund
$12,072,714.80, Art Center $957.70, Svimming Pool Fund $3,231.71, Golf Course Fund
$13,360.44, Recreation Center Fund $7,782.19, Gun Range Fund $444.32, Edinborough
Park $11,030.22, Utiliw Fund $43,452.77, Liquor Dispensary Fund $238,372.45,
Total $12,391.346.60.
He said he would circulate a memorandum to the Council setting
d
Manager Rosland advised
He
I Motion was made by Member Kelly and was seconded by Member Turner to
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Courtney declared the
meeting adjourned at 10:02 p.m.
, . --
City Clerk
MXNUTES
OF THE CLOSED MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
DECEMBER 5, 1988
Council Member Present: Kelly, Smith, Turner and Mayor Courtney
Others Present: City Staff and City Attorney
The Edina City Council held a closed meeting on Monday, December 5, 1988 at 6:15
p.m. for the purpose of discussing possible litigation concerning the proposed
Berenberg subdivision.
Attorney Erickson explained the City's legal position on the proposed subdivision.
He also advised that, considering the Council's concern with regard to requests
for subdivision of large lots, a moratorium on platting and subdivision of lots in
any Single Dwelling Unit District be considered by the Council so that the
existing ordinances and controls regulating plats and subdivisions could be
studied to determine whether or not they should be amended.
taken and no other business was discussed by the Council.
at 6:50 p.m.
No formal action was
The meeting adjourned
+aucvc-3, Wk
City Clerk