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HomeMy WebLinkAbout19911104_regular236 IfINWlXS OF THE REGULAR HEXTING OF THE EDI€?A CITY COlRiTCIL HELD AT CITY HAIL NOVEMBER 4, 1991 ROIUAIJ. Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor Richards. CHEMCAL HEALTH UEEK PROCLBIMED proclamation vhich was unanimously adopted: PROCLAMATION WHEREAS, alcohol and other drug abuse in the United States has reached epidemic stages, and the 15-24 year-old age group is dying at a faster rate than any other age group; and WHEREAS, red ribbons have been chosen as a symbol of individual and community efforts to reduce the demand for drugs in our communities; and WHEREAS, November 8-15, 1991, is Minnesota Chemical Health Ueek in Minnesota, and Governor Arne Carlson is the State Honorary Chaixperson of Minnesota Chemical Health Ueek; and WHEREAS, business, government, law enforcement, schools, religious institutions, service organizations, communities, neighborhoods, youth, senior citizens and individuals will demonstrate their commitment to help reduce and prevent alcohol and other drug abuse by wearing and displaying red ribbons during Minnesota Chemical Health Ueek. NOU, TBEBEPORE, BE IT RESOLVED that November 8-15, 1991, be declared Minnesota Chemical Health Ueek throughout the City of Edina; and BE IT FURTHER RESOLVED that the Mayor and Council Members of the City of Edina, in recognition of this event, support the activities sponsored by Minnesota Chemical Health Week and encourage comrmmity participation in drug awareness, education and prevention activities. Mayor Richards presented the folloving CONSENT AGENDA ITEMS APPROVED Motion was made by Member by Member Smith to approve and adopt the Council Consent presented. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Kelly and vas seconded Agenda items as *MINUTES OF SPECIAL AND REGULAR MEETJXGS OF OCTOBER 21. 1991 APPROVED Motion was made by Member Kelly and was seconded by Member Smith to approve the Council Minutes of the Special and Regular Meetings of October 21, 1991. Motion carried on rollcall vote - five ayes. - PRELIMINARY REZONING TO PRD-2 FOR PARKWOOD KNOLLS 20TJ3. ADDITION. OUTLOT B AND -Y PLAT APPROVED FOR PARKWOOD KNOLLS 23TH ADDITION: VACATION OF HARVEY LANE GRANTED file. Preliminary rezoning for Parkwood Knolls 20th Addition, Outlot B, preliminary plat for Parkwood Knolls 23th addition and vacation of Harvey Lane affecting the same property, public hearings were conducted concurrently. Presentation bv Planner Planner Larsen said that the subject property, generally located in the northwestern portion of the City on the westerly side of platted right of way for Malibu Drive, is a vacant tract of land 2.84 acres in size. The overall master plan for Parkwood Knolls approved in 1978, illustrated the subject property for development as seven R-2, double bungalow lots. Adjacent land uses include the Lincoln apartments to the west, double bungalows to the south, vacant single family lots to the north, and undeveloped portions to the east. The subject property is designated 'ILow Density Attached Residential" by the Comprehensive Affidavits of Notice were presented, approved and ordered placed on 11/4/91 237 Plan. The proponent, Harvey Hansen, is proposing to substitute a zero lot line single family development for the R-2 development contained in the master plan. result would be a reduction in density from 14 units to 11 units. range in size from 11,552 square feet to 12,778 square feet of area. would approximate 78 feet for all except the most northerly lot, Lot 11, which would be approximately 100 feet wide. maintain a northerly zero setback on the north property line on all lots except Lot 11, which would maintain a 20 foot setback as required by the PRD-2 District. The proposed development would comply with all Zoning Ordinance requirements. The zero setback would allow the sideyard to be the focus of the outdoor living area instead of the typical rear yard. identical but would be similar in size and scale and would utilize compatible exterior materials.. The The lots would Lot width The 11 single family homes and would The individual units would not be Planner Larsen explained that the public hearing for Parkwood Knolls 23rd Addition was continued from the September 23, 1991, Council meeting to allow the required publication and mailing of notices for the proposed vacation of Harvey Lane. proposed subdivision. Drive for a three acre parcel of land owned by Wallace Kenneth that is located west of the subject property. be developed with doubles or a similar project in the future. the parcel does front on Lincoln Drive and that vacation of the right of way would not landlock the parcel. vacation should be decided prior to rezoning and preliminary plat approval since the vacation is required for subdivision. Harvey Lane remains unimproved though the right of way has been dedicated to the City. The utility companies do not object to the proposed vacation and it would appear that Harvey Lane is not critical as public access to Mr. Kenneth's parcel as access is available along the full west side of the property. The vacation of the dedicated Harvey Lane right of way is required for the The dedicated right of way would provide access to Malibu The parcel contains Mr. Kenneth's home and could It was noted that The City Attorney has indicated that the street Engineer Hoffman has advised that Staff would recommend rezoning and preliminary plat approval for the following reasons: 1) The Comprehensive Plan and the Parkwood Knolls master plan consider this site suitable for R-2 development and the proposal would comply with all Zoning Ordinance requirements. not be set for smaller single family lots in areas. of Parkwood Knolls which remain undeveloped. density. 2) By zoning the property PRD-2 a precedent would 3) The development plan would result in a reduction in At its meeting of September 4, 1991, the Planning Commission recommended approval of the proposed rezoning and preliminary plat subject to: 1) Final Rezoning, 2) Final Plat, and 3) Vacation of Harvey Lane. Public Comment Wallace Kenneth, 5101 Lincoln Drive, explained that Harvey Lane was developed and dedicated some time ago at his request because he wanted to enter his home from a single family street. He said his concern was that development other than single family could occur on the property directly north of his home and that he wished to have the option to access his home from Harvey Lane. the proposed vacation be tabled until development to the north has been determined. to be directly adjacent to his home. Mr. Kenneth asked that Also, if not vacated that it be moved 20 to 30 feet northerly so as Planner Larsen submitted that Outlot C (the area directly north of the Kenneth property) is zoned for three double dwelling units on Lincoln Drive and for two 11/4/91 238 single family dwellings on Malibu Drive. Presentation bv Prouonent Harvey Hansen, proponent, explained that he did not think Mr. Kenneth would want access to his home via Harvey Lane since his home fronts on Lincoln Drive. Further,:,he said to do the zero lot line project of relatively small scale as proposed would be difficult with a street or even a driveway in the center. pointed out that if developed as illustrated in the original master plan the result would be 14 units. units would be built. - He If rezoned to PRD-2 as proposed eleven zero lot line Council Comment/Action In response to Member Paulus, Planner Larsen clarified that the reason the Harvey Lane right of way exists was to prov2de another means of access for the property at 5101 Lincoln Drive owned by Wallace Kenneth. property would not be landlocked if Harvey Lane were vacated. Member Rice, Mr. Kenneth affirmed that access to his home from Lincoln Drive has served him adequately during the some 20 years he has lived there. although he enters from Lincoln Drive, his house is actually setback 200 to 300 feet. He stated that Mr. Kenneth's In response to He added that Member Rice introduced the following resolution and moved its adoption: RESOLUTION VACATING HARVEY LBNe WHEREAS, a resolution of the City Council, adopted the 7th day of October, 1991, fixed a date for a public hearing on the proposed vacation of the following described street: Haroey Lane, PARKWOOD KN0IJ.S 20TH ADDITION, according to the recorded plat thereof, Hennepin County. WHEREAS, two veeks' published and posted notice of said hearing vas given and the hearing vas held on the 4th day of November, 1991, at vhich time all persons desiring to be heard vere given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and WHEREAS, the Council has considered the extent to vhich the vacation affects existing easements vithin the area of the vacation and the extent to vhich the vacation affects the authority of any person, corporation, or municipality owning or controlling electric, cable, or telephone poles and lines, gas and sever lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such street/easement or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOW, THEREFORE. BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Hinnesota, that the following described street is hereby vacated effective as of November 5, 1991: Harvey Lane, PARKWOOD KNOW 20TH ADDITION, according to the recorded plat thereof, Hennepin County. The Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the County Recorder in accordance vith Minnesota Statutes, Section 412.851. Motion was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Member Smith introduced Ordinqnce No. 825-AGG for First Reading as follows: ORDINANCE NO. 825-864 AI? ORDINANCE mING THE ZONING ORDINANCE (NO. 825) 11/4/91 239 BYADDING TO THE PUNNED RESIDENCE DISTRICT (PRD-2) THE CITY COUI?CIL OF THE CITY OF ED=, MINNIISOTA, ORDAINS: Section 1. the following.thereto: "The extent of the Planned Residence District (Sub-District PRD-2) is enlarged by the addition of the following property: Section 6 of Ordinance No. 825 of the City is amended by adding Outlot B, Parkwood Knolls 20th Addition, Edina, Minnesota That part of Outlot C, Parkwood Knolls 20th Addition that lies southerly of a line which bears North 61 degrees 47 minutes 31 seconds East from the Northeast comer of Outlot B, Interlachen Hills 3rd Addition, Edina, Minnesota Harvey Lane (to be vacated) westerly of thewesterly right of way line of Malibu Drive, Parkwood Knolls 20th Addition, Edina, Minnesota." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion was seconded by Member Paulus. Ro 11 call : Ayes: Kelly, Paulus, Rice, Smith, Richards First Reading granted. Member Smith introduced the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLAT FOR PAJUWOOD KNOU 23RD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Parkwood Knolls 23rd Addition" platted by Parkwood Knolls Construction Company and the estate of Carl M. Hansen, and presented at the regular meeting of the City Council of November 4, 1991, be and is hereby granted preliminary plat approval. Motion was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. PUBLIC HEARING ON PROPOSED ALJXY VACATION (BETWEEN 5411 ZEXITH AV. SO. AND 5408 PORK AV. SO.) CONTINUED TO 11/18/91 Affidavits of Notice were presented, approved and ordered placed on file. Presentation bv Engineer Engineer Hoffman presented the petition requesting the vacation of a portion of an unconstructed public alley located between 5411 Zenith Avenue South and 5408 York Avenue South in Seely's 1st Addition to Hawthorne Park. recommend vacation with reservation of a utility easement for both NSP and Minnegasco to maintain their equipment lines. alley would preclude any of the abutting properties from future petitioning for construction of a public alley to service the rear of their properties. From a City perspective, staff does not believe there is reason for a public alley as there have never been one in that location. is not the only issue in the area as residents on York Avenue have contacted the City with concerns about the unimproved northerly portion of York Avenue. Staff would Vacation of this portion of the The proposed alley vacation Presentation bv Proponent Rebecca Speakes, 2254 Cleveland Street N.E., stated that she had owned all four properties, 5400, 5404 and 5408 York Avenue and 5411 Zenith, but had recently sold 5400 and 5404 York. because the perspective buyers of 5411 Zenith requested that the subject alley segment become part of their property as it currently functions as part of the The petition to vacate the alley right of way was made I backyard. Public Comment Bob Christianson, Best and Flanagan, and representing 11/4/91 240 M.J. Coyne, 5405 York Avenue, stated that Ms. Coyne opposes the proposed vacation at this time. York Avenue from 5405 York to 54th Street but that was not possible because of logistical problems. situation that currently exists with respect to that area. north to West 54th Street is an unimproved dirt track where residents randomly park cars, move earth around on the dedicated portion of the street, and the existing overall situation is an eyesore. be premature to vacate an area by bits and pieces. The City and those residents would be better served if the Engineer and Planner took a close look at the area to try to resolve the problem. vacation hearing so that an analysis could be made and an overall plan could be developed for that area. He said he had hoped to present a petition to vacate a portion of The purpose would be to call to the Council's attention the York Avenue from 5404 - Mr. Christianson said he felt it would He requested a continuance of the proposed Council Comment/Action In response to Member Paulus, Engineer Hoffman said he would not support vacating the unimproved portion of the York Avenue right of way because it serves as access to some of those properties. York Avenue but that the affected property owners might not support an improvement project as it would be an assessed project. Personally, he said he would like to see that portion improved with pavement and with curb and gutter. He said he has had calls about that part of Member Smith commented that he would like to get the affected residents in to talk about the area. hearing there should be an estimate of improvements costs. that the area needs some planning and maybe some'improvement. commented he felt the property owners involved should be the petitioners if something were to be done and that the Council should not be the initiator for any upgrading or vacating. public issues, i.e. W. 54th Street, York Avenue and the subject alley, but not in the format of a public hearing and that the residents who are affected affected should be notified of this. Member Kelly said she agreed and if there was to be a Member Rice concurred Mayor Richards Member Smith said he would propose looking at the Xember Smith made a motion to: 1) Continue the public hearing on the proposed alley vacation to November 18, 1991, and 2) To notice all affected property ovners/residents that the Council. will look at all access options for the area of West 54th Street, York Avenue and the alley between York and Zenith. seconded by Member Kelly. Motion.was Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. RESOLUTION ADOPTED: FIRST READING GRANTED FOR ORDIXANCE NO. 1122 REIATING To 1991 CABLE !CV RELIEF EXTENSION meeting he had informed the Council of the request by Paragon Cable for extension of the relief agreement that had been previously approved by member cities in 1985 and extended in 1988. Following an in-depth study of the issues involved, the Southwest Suburban Cable Commission (SWSCC) had recommended that the member cities approve Paragon's request. In summary, the modifications to the franchise ordinances are as follows and as presented previously: Manager Rosland recalled that at the August 5, 1991, 1) Franchise Fee - Full 5% franchise fee would be paid to the cities beginning August 1, 1992. 2) Local Programming Funding - Current formula (1% match between the cities and cable company) would remain in effect until July 31, 1992. additional modification would take place. 3) Local Programming Services - Paragon would continue to meet the service levels described in the Performance and Facilities contracts now in force. Some 11/4/91 241 4) Continued Cooperation - It is intended that coordination and cooperation with Paragon would continue. At the August meeting, the Council approved the recommendation of SWSCC. Documents have been prepared, reviewed by attorneys for each city, and the member cities are now being asked to give formal approval as indicated in a letter date October 23, 1991, from Karen Anderson, Chair of SWSCC. I Member Rice said he could not support this because it was his understanding that this relief extension would cover the full term of the franchise agreement through December 31, 1999, and because the City has very little control over the operations of the cable company. After further discussion, Member Smith moved First Reading of Ordinance No. 1122 as presented and on file in the office of the City Clerk. Motion was for First Reading was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Nays: Rice Member Kelly introduced the following resolution and moved its adoption: A RESOLUTION APPROVING A SETTTZMENT WITH THE GRBNTEE UNDW TEIE CITY'S CABLE COMMUNICATIONS FRANCHISE ORDINANCE REGARDING REVISIONS TO AND EXTENSION OF CWTAIN TERMS ENACTMENT OF THE LOCAL PROGRAMMING RESTRUC!LTJRING ORDINANCE AND MODIFICATIONS TO OTHW RELATED AGREEHENTS OF THE CATV RELIEF ORDINANCE AS AMENDED, BASED UPON TJHWEAS, the City Council of the City of Edina ("City") is the official governing body of City; and WHEREAS, City has awarded a cable communications franchise ("Franchise") which is held by KBL Cablesystems of the Southwest, Inc. ("Grantee"); and WHEREAS, the City adopted Ordinance No. 1121 in 1985 ("CAW Relief ordinance"), providing for modification of certain requirements of the Franchise; and WEEREAS, Grantee underwent a change of control in 1989 and in connection thereto requested that City and the Southvest Suburban Cable Commission ("SWSCC"), a joint powers commission comprised of this City and the Cities of Eden Prairie, Hopkins, Minnetonka, and Richfield ("Member Cities") modify and extend the CATV Relief Ordinance as a part of the transfer of ownership; and WHEREAS, the City adopted Ordinance No. 1121-AI. providing modifications to the CAW Relief Ordinance in contemplation of a transfer of control of the City's Franchise ("CATV" Relief Ordinance Amendment"); and WHEREAS, the CATV Relief Ordinance, as amended by the CATV Relief Amendment ("collectively "Relief Ordinances"), provided that the relief would terminate as of March 1, 1992; and WHEREAS, the Relief Ordinances required Grantee to make any requests for extension of the relief prior to September 1, 1990; and WHEREAS, Grantee on August 27, 1990, notified City and the SWSCC of its desire to continue the provisions of the Relief Ordinances in effect after March 1, 1992; and WHEREAS, the SWSCC reviewed Grantee's request during a series of meetings of the SWSCC's operating committee and regularly scheduled commission meetings: and WEEREAS, the SWSCC, at a commission meeting, held on May 22, 1991, authorized its staff to enter into negotiations with Grantee to develop a SWSCC recommendation to City to continue in effect certain provisions of the Relief Ordinances on a modified basis; and WEEREAS, the SVSCC, at a meeting held on October 23, 1991, adopted a Resolution ("SWSCC Resolution") recommending that the City approve and accept the conditions 11/4/91 -. 242 upon which certain provisions of the Relief Ordinances and certain agreements entered into pursuant to the Relief Ordinances would be modified and extended, a copy of vhich is attached hereto as Ekhibit 1; and WHEREAS, the City has reviewed the recommendation of the SVSCC and documents modifying and extending certain provisions of the Relief Ordhances as set forth in Ordinance No. 1122, ("Local Programming Restructuring Ordinance"), as well as modifying certain provisions of those agreements entered into pursuant to the Relief Ordinances, and based upon this review accepts the recommendation of the SWSCG and finds said documents to be reasonable and acceptable to the City; and WHEREAS, the City and Grantee agree that the provisions of the Relief Ordinances shall expire March 1, 1992, unless and until the necessary actions set forth in the SWSCC Resolution are taken by all Member Cities; I NOW, TEEREFORE, in a regular meeting of the City Council of the City of Edina, the following is resolved: 1) The Mayor and City Manager are hereby authorized to sign, on behalf of City, all documents necessary to evidence the repeal the Relief Ordinances and effectuate the Local Programming Restructuring Ord-ce. documents shall include, but shall not be limited to, those documents listed on Exhibit 2 attached hereto ("Documents"). 2) The terms of this Resolution are contingent upon adoption, approval, and/or execution of all necessary Documents by the City, other Member Cities of the SVSCC and the SUSCC. 3) This Resolution shall be null and void if a similar resolution is not approved by all Member Cities of the SWSCC within 90 days from the effective date of the enactment of the first such resolution by a Member 4) The terms of this Resolution shall be null and void unless the conditions precedent to the effective date of the Local Programming Restructuring Ordinances, as set forth in Section 9 thereof, have been satisfied. 5) The City Clerk is authorized to forward to the SVSCC Administrator four (4) executed and certified copies of all Documents and this Resolution, and the SWSCC is authorized to coordinate a closing to be held within 90 days of the adoption of the Local Programming Restructuring Ordinance by the final Member City, at the office of the SWSCC Administrator. The Resolution is passed and adopted this 4th day of November, 1991. CITP OF EDm Such city. EXHIBIT 1 VrPH THE GRBNTEE UNDER THE CABLE COMM"ICATI0NS FRANCHISE A RESOLUTION APPROVING A SETTWDENT ORDIHBPJCE REGARDING REVISIONS TO AND EXTWSION OF CERTAJX TERMS OF THE CATV RELIEF ORDINANCE AS AMEXDED, BASED UPON ENACTMENT OF THE LOCAL PROGRAMMING RESTRUCTURING ORDINANCE dM) MODIFICATIONS TO 0- RELATED AG"TS FJHEaEBs, the Southwest Suburban Cable Commission ("SWSCC"), is a joint powers commission comprised of the Cities of Eden Prairie, Edina, Hopkins, Mhnetonka, and Richfield ("Member Cities"); and WHEREAS, each of the Member Cities has awarded a cable communications franchise ("Franchise") vhich is held by KBL Cablesystems of the Southwest, Inc. ("Grantee"); and 11/4/91 243 WEREAS, the Member Cities have delegated to the SWSCC the day-to-day regulation of Grantee; and WHFXUUS, in 1985, at the recommendation of the SliECC, the Member Cities adopted a CAW Relief Ordinance ("CATV Relief ordinance"), providing for modification of certain requirements of the Franchise; and WEREAS, Grantee underwent a change of control in 1989 and in connection therewith requested the SWSCC and the Member Cities to modify and extend the CAW Relief Ordinance; and WEREAS, .at the recommendation of the SWSCC, each Member City adopted an Ordinance providing modifications to the CATV Relief Ordinance in contemplation of a transfer of control of the City's cable communication franchise ("CAW Relief Ordinance Amendment"); and WHEREAS, the CAW Relief Ordinance, as amended by the CATV Relief Ordinance Amendment (collectively "Relief Ordinances"), provided that the relief would terminate as of March 1, 1992; and WHEREAS, the Relief Ordinances required Grantee to make any requests for extension of the relief prior to September 1, 1990; and WHEREAS, Grantee on August 27, 1990, notified City and the SWSCC of its desire to continue the provisions of the Relief Ordinances in effect after March 1, 1992; and v, the SWSCC reviewed Grantee's request during a series of meetings of the SWSCC's operating committee and regularly scheduled commission meetings; and WHEREAS, the SWSCC, at a commission meeting, held on May 22, 1991, authorized staff to enter into negotiations vith Grantee to continue in effect certain provisions of the Relief Ordinances on a modified basis; and WHEREAS, Grantee and Commission staff reached agreement on terms for the extension and modification of certain provisions of the Relief Ordinances which vere in turn approved by the WSCC at the regularly scheduled Commission meeting of July 24, 1991, a summary of such terms being attached hereto as Exhibit 1; and WHEREAS, the SWSCC authorized staff to negotiate vith Grantee the necessary documents to effectuate the terms summarized in Exhibit 1; and WHEREAS, the Commission has reviewed the necessary documents modifying and extending certain provisions of the Relief Ordinances, as set forth in ordinances to be enacted by each Member City ("Local Programming Restructuring Ordinance"), as well as modifying certain provisions of certain agreements entered into pursuant to the Relief Ordinances, and finds them to be acceptable and recommends their adoption by the Member Cities; NOW, THEREFORE, it is hereby resolved by the Southwest Suburban Cable Commission, at its regularly scheduled meeting of October 23, 1991, that: I 1) The Chairman and Administrator are directed to forward a copy of this Resolution and copies of the documents listed in Exhibit 2 to the Member Cities and further to provide additional assistance as necessary to the Member Cities in their deliberations. 2) The Chairman is hereby authorized to sign, on behalf of the SWSCC, all documents necessary to rescind the Relief Ordinances and to effectuate the Local Programming Restructuring Ordinance. Such documents shall include, but shall not be limited to, those documents listed on Exhibit 2 (hereto "Documents"). 3) The terms of this Resolution are contingent upon adoption, approval, and/or execution of all necessary Documents by the Member Cities of the SWSCC . 4) "his Resolution shall be null and void if similar resolutions are not approved by all other Member Cities of the SWSCC within 90 days from the effective date of the first such resolution, as passed by a Member City. 5) The terms of this Resolution shall be null and void unless the conditions precedent to the effective date of the Local Programming Restructuring Ordinance, as set forth in Section 9 thereof, have been satisfied. 244 11/4/91 This Resolution is passed and adopted this 23rd day SOU!L'HWEST Rv of October, 1991. SUBURBAN CABLE COMMISSION -.r chairman EXBIBIT I to SUSCC RESOLUTION SlJWARY OF KEY EIEKENTS TO BE INCLUDED It? A- TO EXTEND RELIEF 7/24/91 Unless otherwise identified the changes begin August 1, 1992: 5% franchise fee to Cities Paragon Cable assumes full responsibility for "local programming" News show production beginning November 24, 1991 Annual budget $347,000, escalated by 5% each year and deducted from gross revenues prior to calculation of the franchise fee Beginning November, 1993, nevs show will continue or $100,000 of budget will be devoted to local origination Continued coordination of programming with Cities and Commission Retain service levels, equipment repair and replacement as defined in Performance Agreement and current contracts for local programming No itemization of cost for local programming on customer bills for at least 2 years (July 31, 1994) Cooperation and participation between Paragon Cable and Commission to create meaningful reporting requirements New agreement terminates upon sale or transfer EXHIBIT 2 to SWSCC Resolution LIST OF DOCUMENTS 1. SVSCC Resolution. 2. Restated Performance Agreement. 3. 4. Restated Contract for Public, Educational and Government Access Services. Restated Contract for Local Programming Facilities. EXHIBIT 2 LIST OF DOCUMENTS I 1. City Resolution. 2.. Local Programming Restructuring Ordinance. 3. Restated Performance Agreement. 4. Motion for adoption of the resolution was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Nays: Rice Resolution adopted. Consent Agreement and Guaranty of Performance. *BID AWARDED FOR 1992 PARK AND RECREATION ACTIVITIES CBLENDBR Hotion was made by Member Kelly and was seconded by Member Smith for award of bid for the 1992 Park and Recreation Activities Calendar to low bidder, Sexton Printing, at $9,299.00. Motion carried on rollcall vote - five ayes. - AHM LEGISLATIVE POLICIES ADOPTED Manager Rosland reported that the following Association of Metropolitan Municipalities (AMM) legislative policies have been changed or slightly modified since 1990 and are basically the position of the Council as summarized in the Council packet report: 1. Policy I-C Local Government Aid (LGA) 2. Policy I-F Sales Tax Dedication Guarantee 3. Policy 111-B-3 Tax Increment Financing 4. Policy 111-C Land Use Planning 11/4/91 245 5. 6. Policy V-D Transportation (Highway and Transit) Funding Alternatives 7. Policy V-0 Airport Policy 8. Fiscal Disparities Policy IV-I Water Supply in Metropolitan Area "he rest of the AMM policies remain unchanged, have been reviewed by staff and also generally reflect the position of the Council. Member Kelly made a motion to accept and support the proposed AMM policies and legislative proposals for 1992 as recommended by the AMH Board of Directors for action at the membership meeting on November 7, 1991. mot ion. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Member Smith seconded the APPOINTMENT TO COMMUNITY HJIALTH SERVICES ADVISORY COMEITTEE CONTINUED TO 11/18/91 Mayor Richards advised there is an opening for a lay person on the Community Health Services Advisory Committee and asked that names of persons interested in serving be brought to the Council meeting of November 18, 1991. *1992 COU"?CIL MEETING DATES APPROVED seconded by Member Smith to approve the following Council Meeting schedule for 1992 for months when the regular meeting falls on a holiday: Motion was made by Member Kelly and was January - Monday, January 6 Tuesday, January 21 February - Monday, February 3 Tuesday, February 18 September - Tuesday, September 8 Monday, September 21 Motion carried on rollcall vote - five ayes. FEASIBILITY REPORT PRESENTED: HEARING DATE OF 12/02/91 SET FOR TREE TRIMMING PROJECT adoption of the following resolution: Motion was made by Member Kelly and was seconded by Member Smith for RESOLUTION PROVIDING FOR PUBLIC ElEARING ON TREE TRIMMING/REMOVAL PROJECT 1. preliminary report as to the feasibility of the proposed Tree Trimming/Removal Project described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, December 2, 1991, at 7:OO P.M. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The Park and Recreation Director, having submitted to the Council a The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITY OF EDINA 4801 WEST 50TH STREET ED=, MN 55424 NOTICE OF PUBLIC HEARING TREE TRIMMING PROJECT NO. !L'T-92/93 AN AREA BOmJDED BY HIGHWAY 100 ON THE EAST, VERNON AVEm ON THE SOUTH, HIGHWAY 169 ON THE WEST Am) THE NORTHERN CITY BOUNDARY LINE ON THE NORTH. 248 11/4/91 The Edina City Council will meet at the Edina City Hall, on Monday, December 2, 1991 at 7:OO p.m., to consider the proposed tree trimming project under the authority granted by Minnesota Statutes, Chapter 429. PROPOSED ASSESSMENT BREB: Properties with trimmed trees in an area bounded by Highway 100 on the east, Vernon Avenue on the south, Highway 169 on the west and the northern City Boundary line on the north. ESTIMATED COST FOR PROJECT AREA: $77,900.00 The project would be funded by special assessment - Marcella H. Daehn, City Clerk Motion carried on rollcall vote - five ayes. *PETITION FOR STREET LIGHTING (INTERSECTION OF ScHdeFw ROAD. KNOLL DRIVE AND SOUTH KNOU DRIVE) REFERRED TO ENGI"G DEPARTMENT Motion vas made by Hember Kelly and vas seconded by Member Smith to refer the petition for street lighting at the intersection of Schaefer Road, Knoll Drive and South moll Drive to the Engineering Department for processing. Motion carried on rollcall vote - five ayes. LHC DRAF'J! RESOLUTION ON POSTPO"!C OR REPEAL OF PRESIDENTIAL PRIMARY DISCUSSED Manager Rosland reported that a letter had been received from the League of Minnesota Cities (LMC), regarding a draft resolution calling on the legislature to repeal or postpone the scheduled 1992 Presidential Primary. that city councils consider supporting such action by adoption of the resolution. Because this is an additional cost to the City, staff would recommend support of such action. legislators that it does not support the 1992 Presidential Primary. seconded by Member Paulus. LMC had asked Member Kelly made a motion that the Edina City Council advise Motion was Brief discussion followed. Ayes: Kelly Nays: Paulus, Rice, Smith, Richards Motion failed. *CLAIMS PAID approve payment of the following claims as shown in detail on the Check Register dated November 4, 1991, and consisting of 30 pages: General Fund $387,962.87; Communications $720.68; Art Center $2,928.81; Capital Fund $106,386.50; Golf Course Fund $45,652.81; Recreation Center Fund $3,084.48; Gun Range Fund $394.30; Edinborough Park $14,330.54; Utility Fund $251,982.82; Storm Sewer Utility $1,365.00; Liquor Dispensary Fund $4,625.20; Construction Fund $671.33; TOTAL $820,105.34. Motion was made by Member Kelly and vas seconded by Member Smith to Motion carried on rollcall vote - five ayes. There being the meeting no further business on the Council Agenda, Mayor Richards declared adjourned at 8:50 P.M. City Clerk