HomeMy WebLinkAbout19881205_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HALL
DECEMBER 5, 1988
349
Answering rollcall were Members Kelly, Smith, Turner and Mayor Courtney.
CENTENNIAL UPDATE PRESENTED. Betty Hemstad, Co-Chair of the 1988 Centennial,
commented that the Centennial Year was coming to a close and expressed thanks on
behalf of herself and Kay Bach, Co-Chair, for the opportunity to serve the City.
She said that a lot of citizens had worked on the Centennial and that there is a
stronger feeling of community now than before the Centennial Year.
for November was the Edina Centennial Interfaith Celebration of Thanksgiving and
Community on November 20 held at the Edina Community Center.
of the churches held Centennial celebrations of their own.
the Founders' Day program to be held on December 12 at City Hall.
service will hand cancel mail using a Centennial cancellation from noon to 5 p.m.
and the evening program is scheduled for 7:30 p.m.
District will be celebrating by serving Centennial birthday cake to all school
children.
at the evening program.
Edinborough Park in appreciation for all the volunteers who worked on the
Centennial events. She said that Centennial memorabilia will be sold at The
Galleria the weekend of December 10-11 and suggested memorabilia items for
Christmas gifts.
1989. With donations still coming in, together with the donation from the Rotary
of $25,000, it is hoped that over $200,000 will be collected for the lasting
memorial. Following the Centennial report, the Council Members thanked Co-Chairs
Hemstad and Bach for their extraordinary efforts for the Centennial.
The main event
On November 13 some
Kay Bach elaborated on
The postal
During the day the School
Also, the Centennial tree that was planted last May will be dedicated
On December 30 a grand finale party is planned at
A financial report is expected to be completed during March,
JIM SINGLETON COMMENDED ON RECEIVING AWARD OF MERIT.
Jim Singleton, Edina Paramedic/Firefighter, was appointed to the Fire Department
on December 6, 1976 and was promoted to Paramedic on December 5, 1980. During
this past month he received an "Award of Merit" at the Fifth Annual Public Safety
Awards Dinner. This award was presented for his dedication and initiative in the
development and implementation of the first State of Minnesota Emergency Medical
Services Peer Counseling Program to deal with critical stress, debriefing,
training and guidance.
emergency medical service personnel to help themselves recognize and resolve their
personal or work related problems.
his dedicated service to the City and presented him with a silver pen bearing the
Edina logo.
CONSENT AGENDA ITEMS ADOPTED. Motion was made by Member Smith and was seconded by
Member Turner to approve and adopt the consent agenda items as presented, with the
exception of the removal of item VII1.D.
Rollcall :
Ayes: Kelly, Smith,. Turner, Courtney
Motion carried.
Manager Rosland advised that
The existence of a peer counseling program encourages
Manager Rosland commended Mr. Singleton for
Members of the Council also expressed their appreciation to him.
*MINUTES OF JOINT COUNCIL/HRA MEETING AND REGULAR MEETING OF SEPTEMBER 12. 1988
APPROVED. Motion was made by Member Smith and was seconded by Member Turner to
approve the minutes of the Joint Council/HRA Meeting and Regular Meeting of
September 12, 1988.
Motion carried on rollcall vote, four ayes.
ACTION ON PRELIMINARY PLAT APPROVAL FOR IRWIN FIRST ADDITION DELAYED UNTIL AFTER
ITEM 1II.D ON AGENDA.
ordered placed on file. Planner Craig Larsen recalled that the request for
preliminary plat approval for Irwin First Addition was continued at the Council
Meeting of November 21, 1988 to allow the proponent time to provide further
information on questions that had been raised at the public hearing.
property is located on the east side of Valley View Road between Moccasin Valley
Road and Bror Road. He advised that the proponent has submitted a site plan for
Council's review showing the proposed location of driveways, pads for the proposed
homes, and drainage. At the last meeting there was some discussion about sharing
a common driveway.
have been moved to the south side of the lots to create the maximum distance from
the interesection of Valley View Road and Dakota Trail. The plan also illustrates
the proposed ultimate drainage pattern for the development which has been reviewed
by and is acceptable to the City Engineer.
asked the staff to review the sizes of the lots in the surrounding vicinity that
were used for comparision purposes.
Valley View Road were somewhat over 20,000 square feet in area; the average size
for all the lots surveyed is somewhat over 22,000 square feet. The proposed new
lots would be in excess of 13,000 square feet.
staff's opinion, and reinforced by the recommendation of the Community Development
and Planning Commission, these lots compare very favorably on lot width and that
the size of many of the unusually shaped lots in the vicinity is gained by the
extra depth that many of them possess.
reason for staff's recommending approval for lots that are significantly smaller
Affidavits of Notice were presented by Clerk, approved and
The subject
At staff's suggestion the driveways have been separated and
At the last meeting the Council had
The average size of the lots used along
Planner Larsen said that in
Planner Larsen concluded that that was the
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350
than lots in the general neighborhood. Wally Irwin, proponent, then presented a
colored graphic showing elevations of the houses he proposed to develop on the two
lots.
the front to preserve the existing look and that the structures now on the
property would be removed. The proposed driveways have been moved to the southern
most point on each lot so that they are located away from the curve on Valley View
Road. Some of the existing trees would be relocated on the site. Mr. Irwin said
that he had called on the surrounding neighbors and had showed the site plan to .
them. Their reaction was 100% approval as indicated by their signatures on the
plot at the locations where they live. He concluded by stating that he felt it
would be a big improvement to the neighborhood and that the residents in the
neighborhood all felt the same way.
topography in the back of the lots.
any of the topography in the wooded area in the rear; that there is an existing
swale for drainage north to Valley View that will not be disturbed.
stated that he was still bothered by the proposed lot sizes but that he
appreciated the effort by the proponent in presenting the proposed footprint of
the houses and showing the plan to the neighbors.
driveways are better from the standpoint of street traffic.
Member Kelly, Planner Larsen reviewed the sizes of the lots in the area which were
used for comparison and that were directly related to the proposed subdivision.
Member Turner commented that lot sizes were also a concern to her and that one
thing the Council looks at in trying to make decisions on this kind of request is
character and symmetry of the neighborhood.
compared to others in the area.
13,700 square feet and either 20,300 or 22,000+ is significant and greater than
she could accept.
Member Kelly made a motion that action on the request for preliminary plat
approval for Irwin First Addition be taken following item 1II.D (Final Rezoning
and Final Plat Approval - Erhardt Addition) on the agenda.
Member Smith.
He explained that he planned to keep the existing rock retaining wall in
I Member Smith asked Mr. Irwin to speak to the
Mr. Irwin said that he did not plan to change
Member Smith
Also, that the divided
At the request of
.
One measure of that is the lot size
She said she felt that the difference between
Therefore, she said that she could not support the request.
Motion was seconded by I
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
RESOLUTION ADOPTED REGARDING MORATORIUM ON SINGLE FAMILY SUBDIVISIONS: ORDINANCE
NO. 119 ADOPTED IMPOSING MORATORIUM: SECOND READING WAIVED. Planner Larsen
recalled that at the last meeting the Council had asked staff and the City
Attorney to do research and come back with suggestions relative to the way the
City processes and hears proposals to subdivide lots in the Single Family
District.
impose a temporary moratorium on proposals to divide single family lots.
would only apply to subdivisions within the Single Family District. The moratorium
would be designed to last for one year, subject to earlier termination or
extension by the Council, to allow the Council to review the plans and ordinances
of the City to determine if any changes should be made to procedures and criteria
for approving single family subdivisions. Member Smith asked when such ordinance
would be effective if passed.
waived it would be effective upon publication in the Edina Sun-Current on
Wednesday of next week.
meeting would not be subject to the moratorium.
following resolution and moved its adoption:
WHEREAS, the City of Edina is essentially fully developed; and
WHEREAS, Edina is a city of many and varied residential housing units and
neighborhoods which are enhanced by their variety, quality and significance, and
in order to provide continuity and a complete community of the highest standards
as set out is the Mission Statement of the City, it is desirable to adopt this
resolution; and
WEEREAS, lots in the City are valuable and new lots will be developed in the City
mainly by subdividing existing lots; and
WEEREAS, the City Council believes that the ordinances and Comprehensive Plan of
the City are adequate to guide future subdivisions of existing lots without
detriment to the City or its citizens, but nevertheless, it is recognized that
planning is an ongoing process and it is desirable to continually review the plans
and ordinances of the CZty to determine if any changes or amendments should be
made to the procedures and criteria for approving subdivisions in the City,
especially as they relate to existing single family lots;
NOW, THEREFORE, BE IT RESOLVED, that the City staff is hereby directed to conduct
studies of the applicable plans and ordinances of the City, and to give
information to and make recommendations to the City Council relative to the need,
if any, for changing or clarifying the procedures and criteria for approving
plats, replats, subdivisions or divisions of lots or other property in the City,
and especiallywithin the Single Dwelling Unit District (R-1) of the City as
designated by the City Zoning Ordinance.
Motion for adoption of the resolution was seconded by Member Kelly.
Mayor Courtney asked for public comment on the resolution and hearing none called
for rollcall vote.
I He presented for the Council's consideration an ordinance that would
This
Planner Larsen said that if Second Reading were
Attorney Erickson clarified that any action taken at this
Member Smith introduced the
RESOLUTION
.
I
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
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Resolution adopted.
Member Smith then introduced Ordinance No. 119 and moved its adoption with waiver
of Second Reading as follows:
ORDINANCE NO. 119
AN ORDINANCE IMPOSING A MORATORIUM ON TEIE
PLATTING, REPLATTING, SUBDIVISION AND DIVISION OF
LOTS AND OTHER PROPERTY WITHIN ANY SINGLE DWETLING
UNIT DISTRICT (R-1) IN THE CITY OF EDINA
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Purpose. Pursuant to applicable Minnesota statutes, Edina is now
conducting studies for the purpose of considering adoption and/or amendment of
official controls, as defined in Minnesota Statutes, Section 462.352, Subdivision
15, including amendment of Ordinance No. 801 (the "Platting Ordinance") and
Ordinance No. 825 (the "Zoning Ordinance"). The official controls and amendments
being studied will consider, among other things, the desirability and suitability
of, and the requirements and conditions for, the processing and approval of plats,
replats, subdivisions and divisions of lots and other property within any Single
Family Dwelling District (R-l), as established by the Zoning Ordinance, in the
City. However, while the new official controls and amendments are being
considered, proposals for, and applications for such plats, replats, subdivisions
and divisions continue to be made. Therefore, in order to protect the planning
process and the health, safety and welfare of the citizens of Edina, it is
necessary and desirable to impose the following moratorium pursuant to the
authority granted by Minesota Statutes, Section 462.355, Subd. 4.
Sec. 2. Moratorium. From the effective date of this ordinance to and
including the first anniversary of such effective date, subject to earlier
termination or extension by the Edina City Council, the Edina City Council, the
Edina Community Development and Planning Commission, and the Edina City staff
shall not accept any applications for, or continue to process or act on, any
applications or requests for, any plats, replats, subdivisions or divisions of
lots or other property within any Single Dwelling Unit District (R-l), as
established by the Zoning Ordinance, in the City; provided, however, that the City
Council may disapprove any application for any such plat, replat, subdivision or
division solely to prevent approval thereof by operation of law pursuant to
Minnesota Staututes, Seciton 462.358, Subd. 3b.
upon its passage and publication.
Sec. 3. Effective Date. This ordinance shall be in full force and effect
Mayor
c. 2&z2-&'
ATTEST:
-7U'-ap). a
City Clerk
Motion for adoption of the ordinance was seconded by Member Turner.
Mayor Courtney asked for public comment and hearing none called for rollcall vote
on the ordinance.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Ordinance adopted.
FINAL 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: ORDINANCE NO.
825-A29 ADOPTED.
Double Dwelling Unit District for Lots 1, 2, and 3, Indian Hills 3rd Addition,
located on McCauley Trail.
vacant double bungalow lots presently zoned R-2 that are the most easterly three
lots in the Indina Hills 3rd Addition plat. On November 21, 1988 the Council
granted preliminary rezoning for the three lots for the purpose of constructing
three new single family homes on the subject property. Staff would recommend
granting Second Reading for the rezoning. Member Smith commented that at the
public hearing for rezoning he had expressed concern for building high value
single family homes on the subject lots from the standpoint of highway noise and
asked if the City had any obligation with regard to sound barriers. Planner
Larsen responded that the City does not have such obligation and that the
developer is doing some things at his own cost to try to mitigate the impact of
highway noise. Engineer Fran Hoffman commented that for the last two years the
developer has proposed an 8-foot high visual barrier for the west four double lots
of the subdivision and has installed the posts.
west has objected to the barrier because it would obstruct the view of the church
from the freeway. He said that he has been working with the church on this issue
and that staff's attitude is that this is similar to the Nine Mile Village
activity next to Colonial Church where there is a fence to break the sight lines.
Theyproponent has agreed to construct at his expense an 8-foot barrier, approved
by City staff, to break the visual sight of the freeway along the whole length of
his property; however, the property owner in one of the doubles has objected.
Engineer Hoffman said he has encouraged the proponent to construct the visual
barrier along the property.
Turner moved Second Reading and adoption Ordinance No. 825-A29 as follows:
Planner Larsen presented the request for final rezoning to R-1
He recalled that the subject property comprises three
The church immediately to the
No further comments or objections being heard, Hember
ORDINANCE NO. 825-A29
12/5/88
352
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
BY REZONING PROPERTY FROM R-2 DOUBTX DUETLING UNIT DISTRICT
TO R-1 SINGLE DWEUING 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 following 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 HII;Ls 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. I This ordinance shall be in full force and effect upon its passage and
publication.
ATTEST : * 5%. &i!.A-
City Clerk
Motion for adoption of the ordinance was seconded by Member Smith.
Rollcall:
Ayes: Kelly, Smith, Turner, Courtney
Ordinance adopted.
FINAL REZONING TO R-2 DOUBLE DWELLING UNIT DISTRICT AND FINAL PLAT APPROVED FOR
ERHARDT ADDITION.
Double Dwelling Unit District for Lot 2 and final plat approval for the Erhardt
Addition, generally located in the southeast quadrant of the Brookview
preliminary rezoning and preliminary plat approval for the subject property at its
meeting of October 17, 1988.
Dwelling Unit District for Lot 2 and final plat approval, subject to a subdivision
dedication fee based on a value for the new lot of $45,000.
objections being heard, Member Kelly made a motion for Second Reading and adoption
of Ordinance No. 825428 and adoption of the resolution for final plat approval as
follows, subject to payment of a subdivision dedication fee of $3,600.00:
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 825)
Planner Larsen presented the request for final rezoning to R-2
Avenueflalley View Road intersection. He recalled that the Council had granted !
i
Staff would recommend final rezoning to R-2 Double
No comment or
I ORDINANCE NO. 825-828
BY ADDING TO THE DOUBLE DWELLING UNIT DISTRICT (R-2)
THE CITY COUNCIL OF THE CITY OF EDINA, MNNESOTA, ORDAINS:
Section 6 of Ordinance No. 825 of the City is amended by adding
the following thereto:
Section 1.
"The extent of the Double Dwelling Unit District (Sub-District R-2) is
enlarged by the addition of the following property:
Sec. 2.
Lot 2, Block I, Erhardt Addition."
This ordinance shall be in full force and effect upon its passage and
publication.
RESOLUTION BPPROVING FINAL PIAT
FOR ERBBRDT ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "ZRBBRDT ADDITION", platted by Ronnie Phillips Erhardt and
Robert Erhardt as personal representatives of The Estate of Peggy Chalmers
Erhardt, also horn as Peggy C. Erhardt, and presented at the regular meeting of
the City Council of December 5, 1988, be and is hereby granted final plat
approval.
Motion for adoption of the ordinance and resolution was seconded by Member Turner.
1
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Ordinance and resolution adopted.
PRELIMINARY PLAT APPROVED FOR IRWIN FIRST ADDITION.
discussion on the request for preliminary plat approval for Irwin First Addition
and motion of the Council to take action thereon following item 1II.D on the
agenda, the Council again reviewed the square footage of the lots in the
surrounding neighborhood of the proposed subdivision. Wally Irwin, proponent
argued that the proposed new lots visually would look the same from the street as
other lots along Valley View Road and that the new lots are within 3,000 square
feet of the most recent lots that were subdivided in the area. Member Kelly
introduced the following resolution and moved adoption:
Following presentation and
I -
BESOLUTION GRANTING PRELIMNBRY AJTROVAL
FOR IRWIN FIRST ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that
certain plat entitled "IRWIN FIRST ADDITION", platted by Wally Irwin Construction,
Inc., and presented at the regular meeting of the City Council of December 5,
1988, be and is hereby granted preliminary plat approval.
Member Kelly said that she had made the motion for discussion purposes and added
that she felt Mr. Irwin could construct one really nice home on the subject
property. Motion for adoption of the resolution was seconded by Mayor Courtney.
.
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Following further discussion on the proposed subdivision, Mayor Courtney called
for rollcall vote on the motion.
Rollcall :
Ayes: Kelly, Smith, Courtney
Nays: Turner
Resolution adopted.
Member Smith made the comment to Mr. Irwin that the vote included a couple of
reluctant ayes, that he wanted Mr. Irwin to understand the significance of the
discussion prior to this action, and that the Council feels that the subdivision
of lots in the City has been of concern to the Council for some time.
HEARING DATE OF 12/19/88 SET FOR EDINA HIGHLANDS 2ND ADDITION. Planner Larsen
explained that the request for preliminary plat approval for Edina Highlands 2nd
Addition is a proposal to subdivide a single family lot and as such it will be
affected by the moratorium and that the proponent will be notified of that fact.
Member Turner made a motion setting December 19, 1988 as hearing date for
preliminary plat approval for Edina Highlands 2nd Addition. Motion was seconded
by Member Kelly.
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
*HEARING DATE SET OF 12/19/88 SET FOR VARIOUS PLANNING MATTERS. Motion was made
by Member Smith and was seconded by Member Tuirner setting December 19, 1988 as
hearing date for the following planning matters:
1) Conditional Use Permit - Good Samaritan United Methodist Church - 5730 Grove
Street - Construct New Sanctury and Fellowship Room
2) Re-Program CDBG Funds for Handicap Accessibility Improvements - Edina
Community Center.
Motion carried on rollcall vote, four ayes.
*BID AWARDED FOR PARK SHELTER BUILDINGS/RECONSTRUCT RESTROOMS. Motion was made by
Member Smith and was seconded by Member Turner for award of bid for reconstructing
restrooms at park shelter buildings (Arneson Acres Historical/Garden Center and
Pamela Park) to handicap accessibility to recommended low bidder, Peak
Construction, at $25,936.00.
Motion carried on rollcall vote,' four ayes.
*BID AWARDED FOR DRILLING/CONSTRUCTION OF WELL #19.
Smith and was seconded by Member Turner for dr2lling and construction of municipal
well #19 to recommended low bidder, E.H. Tenner & Sons, at $128,281.00.
Motion was made by Member
Motion carried on rollcall vote, four ayes.
PARK BOARD RECOMMENDATIONS APPROVED WAIVING GREENSFEES FOR SILVER ANNIVERSARY
TOURNAMENT AND FOR DEMOLITION OF PADDLE TENNIS COURTS: PROPOSAL FOR DEKHOCKEY AT
LEWIS PARK TABLED. Manager Rosland presented the following recommendations from
the Edina Park Board meeting of November 15, 1988: 1) that greensfees for the
Silver Anniversary Tournwent on July 9, 1989 be waived, 2) that dekhockey for the
1989 season at Lewis Park' be approved on a one-time basis, and 3) that the Park &
Recreation Department proceed to demolish the paddle tennis courts. Member Smith
asked what the financial impact would be of waiving the greensfees and whether or
not this has been done in the past with the exception of the Centennial
tournament. Park Director Kojetin said that attendance probably would be similar
to Saturdays, i.e. 144 people, at $10/12 each. However, we would take in other
fees by having people out there for the tournament. He explained that greensfees
were waived for the Junior Womens National about eight years ago; however, that
was on a tournament basis and the course was closed for four days.
dekhockey at Lewis Park, Member Turner asked if they will be using the hockey or
bandy rink; also if that would allow time for the City to flood the rinks for the
winter skating, and if this would displace other park programs. Director Kojetin
said that they would just be using the hockey rink during the summer time, March
through November, and then would be removing their equipment and that there is no
programmed activity there during the summer months. Member Kelly questioned the
advisability of leasing to an outside organization and said she wanted the City's
facilities to be available to the citizens. Also, that she was concerned about
wear and tear on park property that is leased. Member Smith brought up the issue
of a renting/leasing policy and asked if the Park Board had discussed this.
Director Kojetin said that at their November meeting the Board had discussed
proposed guidelines on renting/leasing Park and Recreation Department facilities
that had been prepared by staff.
the chairman had asked that the members review those and be prepared to act on a
policy in January.
questions contained in the guidelines to the Dekhockey proposal. Director Kojetin
said that staff had evaluated the request before bringing the proposal to the Park
Board and had felt that it fit into Catagory #2 of the guidelines; also that staff
had felt this would be a good recreational activity for Edina. Member Turner
suggested that for future proposals the Council should see the answers to the
questions posed in the guidelines.
dekhockey proposal, it was informally agreed that the Council would consider the
proposal following adoption of a rent/lease policy to be drafted and approved by
Regarding
No action was taken on the draft guidelines and
Member Turner asked if the Park Board had applied the
Following considerable discussion on the
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12/5/88
the Park -Jar Member nith suggested that the Council Members get their
comments regarding the draft renting/leasing policy to the Park Board prior to
their meeting in January.
Silver Anniversary Tournament at Braemar Golf Course on July 9, 1989 be waived.
Motion was seconded by Member Kelly.
Member Turner made a motion that the greensfees for the
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
Member Kelly made a motion approving the demolition of the paddle tennis courts.
Motion was seconded by Member Turner.
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
RELOCATION OF SENIOR CENTER TO EDINA COMMUNITY CENTER APPROVED. Manager Rosland
advised that the Senior Center Research Committee has been meeting since July to
consider alternative locations for the Senior Center which must vacate their
present space at 7151 York Avenue South. After many meetings and much research,
the Committee would recommend relocating the Senior Center to the West Community
Room on the third floor of the Edina Community Center.
drafted for the City to lease from the School District the West Community Room
space from 7 a.m. to 5 p.m. Monday through Friday for a five-year period with all
rental and use fees waived by the District. In return, the City would agree to
the following: 1) To install an elevator to serve floors one, two and three, 2) To
remodel third floor restrooms to handicapped standards, 3) To pay up to $20,000
for air conditioning of the third floor north wing if the District determines it
is feasible, 4) To open the south side of Southview Lane to street parking and
sign it for two hour parking from 7 AM to 10 PM and no parking from 10 PM to 7 AM.
5) Contract with the School District for janitorial services based on need.
Committee also would recommend that the City contract for one year with the
Volunteers of America (V0A)to provide the congregate dining program.
cost for this program is estimated to be $4,000 (VOA would pay $2.00 per meal with
the City contributing S.50 per meal) based on estimate of 50 meals daily. If this
number reaches 90-100 meals per day, VOA would resume 100% operation of congregate
dining and would pay the full cost of the program.
said the cost of the relocation would be as follows: Facility Improvements
$25,000, Congregate Dining $4,000 and Handicapped Accessibility $115,000, totaling
$144,000.
Funds $115,000 (Handicapped Accessibility). He recalled that the 1989 Budget
provided $50,000 in contingency for the Senior Center.
that she felt this was a very good solution and asked if the CDBG moneys were
excess funds or would the City be giving up any other project. Planner Craig
Larsen said that the reprogramming would be from the existing CDBG allocation that
the City would lose at the end of the year because the moneys would not have been
spent. It would not take away from any moneys that have already been committed.
Member Smith commended the members of the Committee who had worked on the
relocation of the Center and said this was a good example of the City and School
District working together. He cautioned that we be cognizant of the cost of the
janitorial services for cleaning as this would be provided by individuals in the
District's bargaining unit. He also said that the congregate dining program has
basically been self supporting and that the $4,000 cost should be viewed as
start-up costs for the program at the new location. Member Smith made a motion to
authorize the Manager to negotiate a suitable lease for the Senior Center facility
based on the recommendations of the Senior Center Research Committee as presented
and to bring it back for Council approval as soon as possible.
seconded by Member Turner.
An agreement has been
I
The
The City
In summary, Manager Rosland
This cost would be covered by City Operating Budget $29,000 and CDBG
Member Turner commented
Motion was
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
Member Kelly commented that she did not think the location at the Edina Community
Center was the best place for the Senior Center and that she hoped staff would
continue to search for a place that would be more suitable and convenient for the
senior population.
BENEFITS AUDIT REVIEWED..
completed during the past year and which had been sent to the Council Members
recently for review. He explained that the audit had compared the current
benefits to the City's stated benefit objectives and competitive practice.
Benefit objectives were established with a City task force in March, 1988.
competitive comparison, the City's benefits were compared to "select" Group Five
cities which are suburban cities that have been used for salary surveys in the
past. In addition, the benefits were compared to all Group Five cities and
midwest employees in the private sector.
objectives in providing benefits to employees: 1) to protect employees and their
families from financial hardship, 2) to promote the image of the City as a "good
place to work", and 3) to enhance recruitment and retention of employees. He
observed that while the City wishes to be perceived as a "premier community", the
Council had indicated in the past that the targeted range for salary and benefit
package is the middle top quartile.
to tie the audit in with the personnel ordinance which is now being reviewed by
the City's attorneys and the employee's handbook which is being reviewed by staff
along with a benefit increase to be proposed when the documents are brought to the
Manager Rosland referred to the Benefits Audit
D 'J
For
The task force identified three primary
Manager Rosland said that the intent would be
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Council sometime after the first of the year.
would be for an additional $lO/month into the insurance package.
1989 a "menu" approach to benefits will be brought to the Council.
be done prior to the budget process for 1990. No formal action was taken.
The benefit increase recommendation
Also, during
This will all
RESOLUTION ADOPTED SETTING PAEX & RECREATION FEES/CHARGES FOR 1989: RESOLUTION
OR DECREASE CERTAIN FEES. Manager Rosland presented draft resolutions setting
Park and Recreation fees and charges for 1989 as recommended by the Park Board and
ambulance service fees for 1989 as recommended by the Fire Department together
with an amendment to the Fees and Charges Ordinance No. 171 for those fees/charges
established by ordinance. He explained that the proposed fees and charges were
included in the revenues as adopted in the 1989 Budget and recommended adoption.
He further called to the Council's attention the comprehensive Fees and Charges
Study which had been requested by the Council and which provides a summary of fees
established by the City's ordinances. Member Smith expressed his appreciation for
the information contained in the Study.
resolutions and moved adoption:
ADOPTED SETTING AMBULANCE.SERVICE FEES: ORDINANCE NO. 171-A28 ADOPTED (TO INCREASE
Member Smith introduced the following
RESOLUTION SETTING PARK & RECREATION DEPARTMENT
FEES AND CHARGES FOR 1989
BE IT RESOLVED by the Edina City Council that the following Fees and Charges for
Park and Recreation
the year 1989, as submitted by the Park Board, be approved:
Playground !$ 8.00 T-Ball $22.00
Aquatic Instruction 22.00 Tennis Instruction 22.00
Memberships : Class Fees: (8 weeks)
Art Center
Family 35.00 Adult Member 65.00
Individual 25.00 Adult Non-Member 72.00
Child Member 40.00
Art Center Rental 75.00/group Child Non-Member 44.00
Single Hour Rate (As of September) 85.00
Late Night (midnight or later) 70.00
Open Skating (Youth & Adult) 2.50
Skate Rental 1.06
Skate Sharpening 1.50
Summer Rental Pavilion 5OO.OO/day
Season Tickets (Effective 10/1/88)
Arena
Resident Family 55.00
Resident Individual 35 .OO
Non-Resident Family 70.00
Non-Resident Individual 50.00
Classes (as of January 1, 1989) 45.00
Gun Range
Pistol - 1/2 hour
25 Rounds Trap
Building - per hour
Season Tickets: Daily Admission:
Pool
Resident Family $46.00 Adult and Youth
Resident Individual 30.00
Non-Resident Family 54.00
Non-Resident Individual 36.00
Braemar Golf Course
Patron Cards: Lockers :
Individual 50.00 Men's 72"
Additional Family Men's 42"
Computerized Handicaps: Club Rental
Resident 11.00 Pull Carts
Non-Resident 15.00
18 Holes 18.00 18 Holes
9 Holes 9.50 9 Holes
Member 45.00 Ladies' 72"
Golf Cars: Golf Cars - Seniors:
Group Golf Lessons: Golf Range:
Adult 45.00 Large Bucket
Junior 23.00 Small Bucket
Warm Up Bucket
Braemar Green Fees
18 Hole Non-Patron 13.50 Seniors :
18 Hole Patron 10.00 18 Hole Non-Patron
9 Hole Non-Patron 8.50 18 Hole Patron
9 Hole Patron 7.00 9 Hole Non-Patron
9 Hole Patron
Group Fees 17.00
Group Fees 9 Hole 10.00
Group Car Fees 2 2.00
Executive Course Green Fees
4.00
4.50
45.00
2.50
33.00
22.00
14.00
5.00
1.75
15.50
8.50
3.75
2.50
1.00
12.50
9.00
8.00
6.50
12/5/88
Adult Non-Patron
Adult Patron
Golf Car - everyone
Pull Carts
Group Fee
Braemar Room:
Night Rate Resident
Night Rate Non-Res.
6.25 Sr. & Jr. Non-Patron 5.25
5.25 Sr. & Jr. Patron 4.25
7.00
1.75
7.00
Braemar Clubhouse
450.00
500.00
Day Rate Resident 225.00
Day Rate Non-Res. 275.00
Edinborourth Park
Pool/Track/Skating:
Daily Pass - Youth and Adult
Annual Pass - Individual
Annual Pass - Family
Lockers
Towels
Skate Rental
Building Rental - Category #l
City of Edina - Boards and Associations
Building Rental - Category #2
Edina based civic organizations
including Edina Schools (per hour)
Great Hall
Arena
Theatre
Pool
Grotto
Building Rental - Category #2
Edina based civic organizations
including Edina Schools (exclusive use)
Great Hall
Arena
Theatre
Grotto
Building Rental - Category #3
Edina residents/business (per hour)
Great Hall
Arena
Theatre
Pool
Grotto
Building Rental - Category #3
Edina residenZs/business (exclusive use)
Great Hall
Arena
Theatre
Pool
Grotto
Building Rental - Category #4
Non-Ed- residents/business (per hour)
Great Hall
Arena
Theatre
Pool
Grotto
Building Rental - Category #4
Non-Edina residents/business (exclusive use)
Great Hall
Arena
Theatre
Pool
Domestic Photography by
Professional Photographer
Grotto
Great Hall mixed use
Ice Rink & Great Hall
Commercial Photography by
Professional Photographer
Grotto
Theatre
Great Hall
Ice Rink
Hjxed Use
Box Lunch Program: 6
Catering Kitchen: (assessed for use of kitchen)
Groups size Over 200
Groups size over 300
Groups size over 500
2.50
150.00
200.00
.25
-50
1.25
$150.00 day +
$12/man hour for
set-up and tear down
125.00
50.00
50.00
75.00
25.00
500.00
100.00
100.00
50.00
300.00
75.00
125.00
125.00
60.00
1,000.00
150.00
150.00
200.00
60.00
350.00
125.00
150.00
150.00
85.00
1,200.00
225.00
225.00
250.00
15.00
75.00
100.00
150.00
200.00
300.00
300.00
500.00
.oo-10.00
50.00
75.00
100.00
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357
Commercial Use: (trade shows, etc.)
Miscellaneous Charges:
Exclusive all day use 2,000.00
Table Rental to Edina Park Plaza
5.00/table and Corporate Center East
Children's Birthday Parties (limit 2 tables) 15.00/table
Dance Floor set-up 50.00
Mirror Ball 20.00
Park Department Rentals
Arneson Acres Terrace Room: $lOO/day ($50/lst hour, $25/hr after)
Braemar Ballfields: $35/hr - no lights, $55/hr - with lights
General Park Areas: $50/hr - commercial use (i.e. TV Commercials)
Picnic Shelters:
Showmobile : $600/day
Rental of Athletic Field: $3O/game, $50/game with lights
Portable Bleachers:
Recreational Picnic Equipment: Free usage
Tupa Park: $125/day
Park and Recreation Activity
Registration Refund Fee: $5.00
$35 up to 50 people, $70 over 50 people
(Lake Cornelia Park)
$l5O/day or $50/hr + delivery charge
RESOLUTION SETTING AMBULANCE FEES
BE IT RESOLVED that the Edina City Council does hereby approve and set the
following ambulance service fees:
Service Level Fees for Ambulance Service, including medical treatment and/or
transportation to a medical facility: Level I - On Scene Treatment $ 60.00
AMBULANCE FEES
Specialized medical services performed at scene
with no transport involved
Vital Signs
Bandaging, etc.
I.V. Setups
EXG Monitoring
Spine immobilization
Level I11 plus any: Medications
245.00 Level I1 - Minor Care (BLS)
Splinting
Level I11 - Moderate Care (ALS) 295.00
Level IV - Maior Care 345.00
MAST (inflated)
Additional manpower
Mechanical extrication
Cardio Pulmonary Resuscitation (CPR)
Defibrillation
Level V - Cardiac Arrest
Level IV plus any:
Additional Charge for Transportation to Downtown Hospitals
Abbott/Northwestern, Minneapolis Children's Medical
Center, Mt. Sinai, Fairview (Lutheran) Deaconess,
Fairview Ridges Medical Center, Hennepin County
Medical Center, Metropolitan Medical Center, Fairview/
St. ?!¶ary's, University of Minnesota, North Memorial
Medical Center, Veterans' Administration
Motion for adoption of the resolutions was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Resolutions adopted.
Member Smith introduced Ordinance No. 171-A28 and moved adoption, with waiver of
Second Reading as follows:
ORDINANCE NO. 171-A28
AN ORDINANCE AMENDING ORDINANCE NO. 171
TO INCREASE OR DECREASE CERTAIN FEES
THE CITY COUNCIL OF !CHE CITY OF EDINA, MINNESOTA, ORDAINS:
to Ordinance No. 171 are amended to read as follows:
ORD. SEC.
NO. NO. PURPOSE OF FEE/CHARGE AMOUNT
201 5 Public Dance Permit $35.00
202 Bowling alley license Business enterprise - $35.00 2a
per annum plus $10.00 per lane
Bona fide club - $5.00 per 2b
annum per lane
Section 1. The amounts of the following described fee numbers of Schedule A
FEE NO.
1 --
$35.00 per annum 4 204 4 Bingo occasion,
gambling device,
raffle license
device license
211 5 Machine or amusement
395.00
60.00
$35.00 annually per establishment, 5a
plus $5.00' per machine/device 5b
for all machines/devices
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355
408
434
434
643
644
645
645
645
661
731
761
1 Building Code compliance
inspection
27(f) Public or semi-public
swimming pool license
28(F) Public or semi-public
whirlpool bath or
therapeutic swimming
pool license
5 License to refill fire
extinguishers
3(d) Permit fee for cleaning
of commercial cooking
ventilation system
4 Sprinkler permit fees:
Number of Heads
1- 5
6- 10
11 - 25
26 - 50
4 Sprinkler permit fees:
Number of Heads
51 - 100
101 - 200
201 plus
4 Fire pump installation
and associated hardware
Standpipe installation
Each additional standpipe
response fee
1 False fire alarm
5 Food establishment
license
Take out facility
license
Packaged food sales
license
Food warehouse
license
Catering food
establishment
license
Itinerant food est-
tablishment license
Retail candy shop license
Readily perishable food
vehicle license
Fleet of 5 or more readily
perishable food vehicles
license
Bakery food vehicle
license
Catering food vehicle
license
Perishable food vehicle
license
Fleet of 5 or more
perishable food vehicles
license
Ice vending machine
license
3 License to operate a
described in Section 1.
of $75.00
$250.00 per annum for each
pool enclosed part or all of
the year
$135.00 per annum for each
outdoor pool
$55.00 per annum for each
bath or pool
$75.00 per hour with a minimum 10
17a
17b
18
$15.00 per annum per person 22
to be licensed
$35.00 for each permit 50
$40.00 (minimum fee) 22. la
$60.00 22. lb
$60.00 for first ten plus 22. IC
$22.00 for each additional
ten or fraction thereof
$104.00 for first twenty-five
plus $17.00 for each additional
ten or fraction thereof
22. Id
$155.00 for first fifty, plus 22. le
$11.00 for each additional
ten or fraction thereof
$210.00 for first one hundred
plus $9.00 for each additional
ten or fraction thereof
$300.00 for first 200 plus
$6.00 for each additional ten
or fraction thereof
$75.00
22. laa
22. lbb
22. If
$75.00 22. lg
$5.00 22.lh
$175.00 for third and each
subsequent response within one
calendar year
$345.00 per annum ($295 certified) 25a
plus $85.00 per annum for each
additional facility
$230.00 per annum ($180 certified) 25al
22a
$110.00 per annum 25a2
$50.00 per annum 25a3
$345.00 per annum ($295 certified) 25a4
plus $85.00 per annum for each
additional facility
$50.00 per event 25b
$35.00 per annum
$55.00 per annum
25c
25d
$275.00 per annum 25e
$50.00 per annum 25f
$130.00 per annum, plus $15.00 per 25g
annum for each additional vehicle
$55.00 per annum 25h
$275.00 per annum 25i
$10.00 per annum for each machine
dispensing packaged ice
$20.00 per annum for all other
ice machines
Hotels - $150.00 for 1-50 rooms 27a
25k
I
Il
I
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359
m 5
902 10
1101 l(a)
1111 3(a)
1111 3(b)
1301 6
1303 5
1331 3
1361 1
1432 4
Sec. 2.
hotel, lodging or and $1.00 per each room over 50
boarding house Lodging and boarding houses - 27b
Sunday intoxicating liquor $200.00 per annum 36a
sale license (Clubs only)
Sewer Rental Charge:
$55.00 per location
Single family dwellings, Based upon watee usage during 37a
townhouses, two-family winter quarter. (Three-month
dwellings, apartment period falling between Nov. 1
buildings containing and March 1.)
units :
four or less dwelling --
To and including 1800
cubic feet
From 1801 cubic feet
and over
$20.50 per quarter
$1.15 per 100 cubic feet
Apartment buildings with $88.50 plus $16.50 for each 37b
more than four dwelling unit over four, or $1.15 per
units hundred cubic feet of water
used during the quarter,
whichever is greater
industrial buildings, approved sewage metering device
including schools and on premises, or $1.15 per hundred
churches cubic feet of water used during
the quarter, whichever is greater
Commercial and $23.00 per water meter or 37c
Water service 1. 40 cents per 100 cubic feet 39a
for areas of City except areas
described in 2 and 3
Minimum charge of $6.00 per
quarter will be made where vater
consumption amounts to less than
1800 cubic feet
$30.00 for each additional vehicle
39d
Garbage hauler license $75.00 per annum first vehicle, 41
Solicitor's permit $35.00 per annum 43
Taxicab drivers license $35.00 per annum 46
False alarm response fee 48
Taxicab license $35.00 per annum for each vehicle 49
$75.00 for the third and each
subsequent response
Following publication, the effective date of this Ordinance shall be
January 1, 1989.
ATTEST :
Mayor 74d -2% Q-LL
City Clerk
Motion for adoption of the ordinance was seconded by Member Turner.
Ro 11 c a1 1 :
Ayes: Kelly, Smith, Turner, Courtney
ROBERT SHERMAN APPOINTED TO TRAFFIC SAFETY COMMITTEE.
the Council that two applications had been received for the seat vacated by Lois
Coon on the Traffic Safety Committee.
appointment of Robert J. Sherman to the Traffic Safety Committee.
seconded by Member Kelly.
Manager Rosland informed
Motion was made by Member Smith to approve
Motion was
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
1989 CALENDAR AND STRATEGIC WORK PROGRAM APPROVED.
Calendar and Strategic Work Program which had been drafted by Member Turner and
Manager presented the 1989
Assistant Manager Hughes with the recommendation that the work program calendar be
adopted and that the discussion of regular Council meeting dates be continued to
the December 19, 1989 agenda when Member Richards would be present.
that the Council may wish to postpone discussion on the Council meeting dates
until the new Council Members take office in January.
that, in terms of the work program dates, the Council had identified the issues
and set objectives at their spring retreat and had also agreed that following the
budget process specific dates would be proposed for the various elements of the
work program. Following some discussion, Member Kelly made a motion to approve
the 1988-1989 Work Program Dates as presented with the exception that the
Recycling presentation to the Council be changed from December 19, 1988 to January
9, 1989. Motion was seconded by Member Turner.
He suggested
Member Turner explained I
Ayes: Kelly, Smith, Turner, Courtney
Motion carried.
DRAFT AGENDA FOR COUNCIL/PARK BOARD MEETING ON 12/13/88 APPROVED.
presented the following draft agenda for the joint Council/Park Board Meeting
scheduled for December 13, 1988:
Manager Rosland
12/5/88
360
1)
2)
3)
4)
It was informally agreed to approve the draft agenda as presented.
Introduction of Council and Park Board Members
Overview of Park and Recreation Task Force Report
Discuss Elements of Assignment as Contained in Work Program
Review Timetale Including Advisability of Progress Meeting during 1989.
RESOLUTION ADOPTED FOR REAPPOINTMENT OF DOTTIE RIETOW TO METROPOLITAN COUNCIL.
Manager Rosland advised that Dottie Rietow has asked for Council support for her
reappointment to the Metropolitan Council as representative of District 11.
stated that he felt she has represented Edina's interest on the Council.
Courtney and Member Turner commented in support of her reappointment.
discussion, Member Kelly introduced the following resolution and moved its
adopt ion :
VBEREBS, the term of Dottie Rietow on the Metropolitan Council will expire in
January, 1989, and
WHEREAS, Dottie Rietow has been a dedicated representative of the City of Edina
and the other municipalities in District 11;
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
nominates Dottie Rietow for reappointment;
BE IT FUaTHw RESOLVED that the Edina City Council urges the Honorable Rudy
Perpich to approve the reappointment of Dottie Rietow as the District 11
representative on the Metropolitan Council.
Motion for adoption of the resolution was seconded by Member Turner.
He
Mayor
Following
RESOLUTION
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Resolution adopted .
I
i I
I *YEAR END COUNCIL MEETING DATE SET FOR 12/29/88.
and was seconded by Member Turner setting December 29, 1988 at 5:OO p.m. as the
Year-End Council Meeting date.
Motion was made by Member Smith' I
Motion carried on rollcall vote, four ayes.
*COUNCIL MINUTES OF 8/1/88 AMENDED REGARDING LOT DIVISION FOR 6315-6319 TIMBER
TRAIL.
the Council Minutes of August 1, 1988 with regard to the resolution for Lot
Division for 6315-6319 Timber Trail to correct the legal description as follows:
RESOLUTION
HEREBS, the following described tracts of land constitute various separate
parcels :
Motion vas made by Member Smith and was seconded by Member Turner to amend
Lot 10, Block 1, INDIAN HILLS 3RD ADDITION and
Lot 11, Block 1, INDIAN HII;Ls 3RD ADDITION
WEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described new and separate parcels (herein called "Parcels"):
VBEREBS, it has been determined that compliance with the Subdivision and Zoning
Lot 10, and that part of Lot 11 lying North of a line drawn easterly
from a point on the Uest line of said Lot 11 as measured along said
Uest line, distant 32.00 feet southerly of the Northwest comer
thereof, to the Northeast corner of said Lot 11.
Indian Hills 3rd Addition
and
Lot 11, Block I, Indian Hills 3rd Addition, except that part thereof
lying North of a line drawn easterly from a point on the West line
of said Lot 11 as measured along said West line, distant 32.00 feet
southerly of the Northwest corner thereof, to the Northeast corner
of said Lot 11.
All in Block 1,
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 Ordinances
Nos. 801 and 825;
NOU, 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 caried on rollcall vote, four ayes.
-
PUBLIC HEARING CONDUCTED ON TRANSFER OF OWNERSHIP/CONTROL OF CABLE FRANCHISE
GRANTEE: RESOLUTION ADOPTED GIVING FINAL APPROVAL TO ACQUISITION OF ROGERS
CABLESYSTEMS BY KBL CABLE, INC. Pursuant to due notice being given, a public
hearing was held to consider transfer of ownership and control of the City's cable
franchise. Manager Rosland recalled that Rogers Cablesystems, Inc. proposes to
sell all of its U.S. holdings and has asked that the five City Councils give final
approval to the acquisition of Rogers Cablesystems of the Southwest, Inc., by KBL
-.
12/5/88
361
N Ln
UI) 1
5 m
Cable, Inc. Attorney Erickson advised that the Southwest Suburban Cable
Commission (SWSCC) conducted a joint public hearing on behalf of the Member Cities
on November 30 and had adopted a resolution recommending approval of the transfer
of ownership. Council action required on the transfer would be l)*adoption of a
resolution giving final approval to the acquisition of Rogers Cablesystems of the
Southwest, Inc., by KBL Cable, Inc., and 2) approval of the Consent Agreement and
Guaranty of Performance. He explained that the Consent Agreement and Guaranty of
Performance has as its predecessor the guarantee agreement that the City received
from the parent companies of the existing franchisee.
replaced by the guarantee from KBL Cable, Inc. and it in turn is having its
obligations guaranteed by KBLCOM; both guarantees are part of the Consent
Agreement document. In addition, the resolution also establishes as a condition
to final approval of the change of ownership the performance of the Stipulation of
Settlement, which was reviewed at the November 21 Council Meeting.
Stipulation of Settlement includes among other things the obligation to pay the
$3.5 million and agreement to pay the Member Cities through the SWSCC their
reasonable costs and expenses incurred during the transfer process. Attorney
Erickson advised that all of this becomes effective only upon a change in the
ownership of the Rogers stock which is being purchased by KBL Cable, Inc.
expected to happen on or about February 28, 1989. There is a 10-day delay period
built into the documents which would extend the closing to March 10 at the latest
when we would expect the $3.5 million to be paid, the Consent Agreement and
Guarantee of Performance to be given and the other documents to be executed and
delivered. He advised that he has reviewed the documents and that the most recent
changes he had suggested have been made over the weekend and therefore would
recommend that the documents be approved and the resolution be adopted.
Smith asked what would be the effect of the transfer of ownership and if there
would be a change in cable programming.
would change for the better.
money could be put back in to provide better public access and governmental
programing channels.
organizations control programing. Warren Mobley, Vice President of KBLCOM, said
he concurred with Manager Rosland's comments.
decentralization; they have a small corporate staff which has a lot of expertize
to be able to assist the local managers to read the community, find out what they
want and then execute a good operating plan over the course of the year. He
elaborated on the expertize of the corporate staff and explained the studies they
conduct to get the opinion of the community to translate those into operations.
Member Smith also expressed concern about the adult programming currently on cable
television. Mr. Mobley responded, that representing KBLCOM, that type of program
will be viewed with discretion and that they will make them conform to the mores
of the community through public opinion surveys and through feedback from elected
officials. He pointed out that there is new programing on cable television such
as the Discovery channel and other quality family programming on some of the other
channels. That type of programming will continue to grow with the cable industry
and KBLCOM will be proponents far encouraging that type material from other
programming vendors. No further comment being heard, Mayor Courtney introduced
the following resolutions and moved their adoption:
That guarantee is being
The
That is
Member
Manager Rosland said that he felt it
With the money the Member Cities will be receiving
Also, KBLCOM is more decentralized and lets the local
Their philosophy is one of
RESOLUTION APPROVING CONSENT AGREEXfXNT
AND GUARAN!CY OF PERFORMANCE
BE RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
approves the Consent Agreement and Guarantee of Performance between the City of
Edina and KBL Cable, Inc., as presented at the regular meeting of the City Council
of December 5, 1988;
BE IT FURTHER RESOLVED that the Mayor and Manager are hereby authorized and
directed to execute the Consent Agreement and Guaranty of Performance on behalf of
the City.
RESOLUTION GIVING FINAL APPROVAL TO THE
ACQUISITION OF ROGERS CABLESYSTEMS OF THE
SOU'I%WEST. INC.. BY KBL CABLE, INC
'REIEREBS, the City of Edina, Minnesota (the "City"), granted a cable television
franchise to Rogers Cablesystems of Minnesota Limited Partnership ("RCMLJ?")
pursuant to the City's cable communications ordinance (the ordinance and the grant
of the franchise are referred to collectively as the "Franchise"); and
WHEREXS, RCMU subsequently decided to dissolve and pursuant to Amending Ordinance
No. 1121-81, the City approved the transfer of the Franchise to Rogers
Cablesystems of the Southwest, Inc. ("RCTSI"), which, upon the dissolution of
RCMLP, will be the grantee under the Franchise; and
WHEXEAS, RCTSI is a wholly-owned subsidiary of Rogers U.S. Cablesystems, Inc.
("RUSCI"), which in turn is a wholly-owned subsidiary of Rogers Cablesystems of
America, Inc. ("RCA"). RCA is a wholly-owned subsidiary of RCA Cablesystems
Holding Co. ("RCACH"), which in turn is a wholly-owned subsidiary of Rogers U.S.
Holdings, Limited ("RUSHL"), a wholly-owned subsidiary of Rogers Communications,
Inc. ("RCI"); and
WHEREAS, KBL Cable, Inc. ("KBLC"), a Texas corporation and a wholly-owned
subsidiary of KBLCOM Incorporated ("KBLCOM"), has agreed to acquire all of the
issued and outstanding common stock and all of the issued and outstanding
preferred stock of RCACH; and
12/5/88
362
WHIZEASY under the Franchise, the acquisition by KBLC of all of RCACH's issued and
outstanding common and preferred stock constitutes a transfer by means of a
fundamental corporate change with respect to RCACH and its subsidiaries, including
RCTSI; and
RHEREAS, under the Franchise, any transfer of the Franchise requires the approval
of the City; and
QHEREAS, KBLC as the parent company of RCTSI, desires to leave the Franchise in
the name of RCTSI and, to the extent not inconsistent with state or federal law,
including the Cable Communications Policy Act of 1984, to guarantee,
unconditionally, the full performance of all the obligations and commitments of
RCTSI under the Franchise and all other ordinances and agreements between the City
and RCTSI relating to the Franchise; and
QHEREAS, RCI desires the City to release it and RUSHL from any and all obligations
and responsibilities relating to the Franchise or to RCTSI's performance
thereunder ; and
'FJHEREBS, the Operating Committee of the Southwest Suburban Cable Commission (the
"SWSCC"), with the assistance of the Herbst Law Firm, Ltd., and Don,Richards
Associates, has reviewed the proposed acquisition by KBLC of the common and
preferred stock of RCACH (and the resulting acquisition of control over RCTSI) and
the legal, technical, financial and character qualifications of KBLC and its
parent company, KBLCOH; and
WEEREAS, reports and information regarding the qualifications of KBLC and KBLCOH
were prepared and the Operating Committee presented these reports to the SWSCC so
that a recommendation could be made as to the acquisition of control by KBLC over
RCTSI; and
QHEREAS, on November 30, 1988, the SWSCC conducted a joint public hearing on
behalf of its member cities regarding KBLC's acquisition of control over RCTSI and
KBLC's request that the Franchise remain in the name of RCTSI; and
QHEREAS, based on the reports and information of the Operating Committee and the
results of the joint public hearing, the SWSCC found no reason to disapprove the
acquisition by KBLC of control over RCTSI or of KBIS's request to leave the
Franchise in the name of RCTSI, and the SWSCC recommended to the City that it
approve said acquisition and request; and
WHEREAS, the City, after considering KBLC's technical ability, financial
condition, character and legal qualifications, and based on the recommendation of
common and preferred stock of RCACH (or the resulting acquisition of control over
RCTSI), or of KBIS's request to leave the Franchise in the name of RCTSI.
NOW, THEBEFORE, be it resolved by the City Council of the City of Edina:
1. That the City hereby approves the acquisition by KBLC of the common and
preferred stock of RCACH (and the resulting acquisition of control over RCTSI),
and the maintenance of the Franchise in the name of RCTSI, subject to the
following conditions:
common stock of RCACH, KBLC and KBLCOM shall file with the City an executed coyy
of a Consent Agreement and Guaranty of Performance substantially in the form and
substance of Wibit 1 attached hereto, along with an executed copy of each
document required by the Consent Agreement and Guaranty of Performance (including,
vithout limitation, an opinion of legal counsel, certified articles of
incorporation of RCTSI, KBLC and KBLCOM, evidence of insurance coverage as
required by the Franchise, RCTSI's letter of credit, and RCTSI's bond); and
Settlement and Release dated November 22, 1988, including, without limitation, the
payment to SWSCC of $3.5 million; and
Subject to the terms of the letter agreement dated October 17, 1988, between
KBLC and the SWSCC, KBLC shall reimburse its Member Cities, pro rata) for all
resonable costs, expenses and professional fees incurred as a result of the
approval of KBLC's acquisition of the common and preferred stock of RCACH (and the
resulting acquisition of control over RCTSI).
2. Effective only upon the performance by RCTSI and KBLC of the conditions set
forth in paragraph lhereof, the City forever releases and discharges RCI and
RUSHL from any and all responsibilities, liabilities, claims and disputes, known
or unknown, related to or arising from the Franchise or RCTSI's performance
hereunder, or the approval of KBIS's acquisition of control over RCTSI.
3. The City hereby waives its right of first refusal to purchase the Franchise or
related system, but only as such right-of-first-refusal applies to the request by
KBLC for approval of the acquisition of control by KBLC over KCTSI.
4.
the time specified, unless the time is extended by the City, this Resolution and
any and all approvals, releases, discharges and waivers by the City set forth
herein shall be null and void.
5.
Prairie, HopMns, Hinnetonka, and Richfield adopt a substantially similar
resolution within sixty (60) days after the adoption of this resolution.
This Resolution is passed and adopted the 5th day of December, 1988.
the SUSCC, has found no reason to disapprove oFthe acquisition by KBLC of the <4
I
a) Within ten days of the date KBLC acquires all of the issued and outstanding
b) RCTSI shall have performed its obligations under the Stipulation of
c)
In the event KBLC fails to comply with any of the above requirements within
This Resolution shall become effective only if all of the cities of Eden
12/5/88
363
ATTEST :
%4 %,UL
Citv Clerk
cu Lo Lo I m 5
Motion for adoption of the resolutions was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Resolutions adopted.
ALISON FUHR NOMINATED FOR REAPPOINTMENT TO REGIONAL TRANSIT BOARD.
Rosland advised that Alison Fuhr's term on the Regional Transit Board will expire
on January 1, 1989 and that she would like to continue on the Board. Member Kelly
said she wanted to be sure that Edina's views are represented. Mayor Courtney and
Member Turner commented that she has worked hard on the Regional Transit Board and
also on the 1-494 Corridor Study. Member Turner added that it is important that
the Council keeps in good communication with these people who represent us on
governmental agencies.
adoption:
Manager
Member Kelly introduced the following resolution and moved
RESOLUTION
WHERJWS, the term of Alison Fuhr on the Regional Transit Board expires on January - - 1, 1989, and
WHEREAS, Alison Fuhr has been a dedicated representative of the City of Edina;
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that it hereby
nominates Alison Fuhr for reappointment.
BE IT PURTHER RESOLVED that the Edina City Council urges the Metropolitan Council
to approve the reappointment of Alison Fuhr to the Regional Transit Board.
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Kelly, Smith, Turner, Courtney
Resolution adopted.
*RESOLUTION ADOPTED DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR OF SRA. Motion
was made by Member Smith and was seconded by Member Turner for adoption of the
following resolution:
RESOLUTION DESIGNATING DIRECTOR AND
ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
John C. Wallin is hereby designated to serve as a Director of the Suburban Rate
Authority, and James L. Knutson is hereby designated to serve as Alternate
Director of the Suburban Rate Authority for the year 1989 and until their
successors are appointed.
Motion carried on rollcall vote, four ayes.
*RESOLUTION ADOPTED DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR OF LOGIS. Motion
was made by Member Smith and was seconded by Member Turner for adoption of the
following resolution: I
RESOLUTION DESIGNATING DIRECTOR
AND ALTERNATE DIRECTOR TO MGIS
BE IT RESOLVED by the City Council of the City of Edina, Minnesota as follows:
John C. Wallin is hereby designated as a Director of MGIS and Kenneth E. Rosland
is hereby designated as Alternate Director of MGIS for the year 1989 and until
their successors are appointed.
Motion carried on rollcall vote, four ayes.
OFFICIAL NEWSPAPER DISCUSSED: ACTION POSTPONED TO DECEMBER 19. Member Kelly
commented that the delivery service of the Edina Sun-Current, the City's official
newspaper, has not been what is expected. She said that she had received many
phone calls from residents who were also concerned about this. Until the Edina
Sun-Current presents information as to how they will improve delivery of their
newspaper, Member Kelly said she was not willing to designate it as the official
newspaper for 1989. Manager Rosland referred to the letter of response from Jim
Raffey, Circulation Director, to the letter sent him on November 10 which had
indicated the concerns of the Council regarding delivery of the newspaper.
Following discussion it was agreed to delay action on designating the official
newspaper for 1989 until the meeting of December 19, 1988 so that additional
information could be obtained, e.g. statutory requirement, rates for legal notices
in the Star Tribune, etc.
FOUNDER'S DAY ON DECEMBER 12 NOTED. Member Turner thanked the Council Members for
their involvement for the Centennial Founder's Day Program to be held on December
12. She said she would be sending them the final script so that they would be
informed of the order of events for the evening program.
COUNCIL VACANCY APPOINTMENT PROCESS DISCUSSED.
Council's attention to the memorandum from Mayor-Elect Richards regarding the City
Council vacancy appointment process that he had drafted following meetings with
each of the Council Members. An announcement will be made in the December 5 issue
of the Edina Sun-Current that anyone interested in being considered for
appointment should submit their application to City Hall no later than 4:30 p.m.
Manager Rosland called the
. 12/5/88
364
on December 16, 1988.
Council Member would be one who exhibits leadership characteristics and has a
background of commitment and understanding of the Edina community.
should further be willing to remain active in Edina and in the broader metro-area
community. The recommended selection process would be as follows: 1) Anyone
interested in being considered for appointment should submit application to City
Hall by December 16; 2)
request that individuals submit an application by the same date; 3)
candidates would be announced at the Council Meeting on December 19 and depending
on the number of candidates, one-half hour interviews would be scheduled on
Friday, December 30 and Saturday, December 31; 4) At the first regular Council
meeting in January, Mayor Richards would make the recommendation and nomination to
fill the vacancy.
vacancy. Mayor-Elect Richards had asked that the Council Members contact him upon
his return from the NLC Conference if they had any differences with the process as
outlined. Otherwise staff would proceed to schedule interviews for the
candidates. Attorney Erickson pointed out that as part of the process Member
Richards should submit a statement of resignation effective on taking oath of
office as Mayor at the first regular Council meeting in January.
*CLAIMS PAID.
to approve papent of following claims as per pre-list dated 12/5/89:
Fund $89,350.26, Art Center $1,912.68, Capital Fund $5,212.03, Golf Course Fund
$23,791.87, Recreation Center Fund $6,989.49, Gun Range Fund $1,352.62,
Edinborough Park $5,882.90, Utility Fund $204,064.22, Liquor Dispensary Fund
$2,672.12, Construction Fund $7,685.58, Total $348,913.77.
The memorandum indicated that the profile of the new
That person
i i Council Members likewise should submit names and/or
All
I Voting would proceed and the Mayor and Council would fill the
Motion was made by Member Smith and was seconded by Member Turner
General
Motion carried on rollcall vote, four ayes.
There being no further business on the Council Agenda, Mayor Courtney declared the
meeting adjourned at 10:40 p.m.
City Clerk
a