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HomeMy WebLinkAbout19911118_regular247 lUNU!WlS OF THE REGULAR HEXTR?G OF THE EDII'?A CITY COUPJCIL HELL) AT CITY HALT., NOVEMBER18, 1991 ROLLCALL Answering rollcall were Members Kelly, Paulus, Smith and Mayor Richards. GIRL SCOUTS INTRODUCED FROM CONCORD AND HIGHLAND SCHOOLS introduced and welcomed Girl Scout Troop 877, from Concord and Highland Elementary Schools, who are working on their Junior Citizen Badges. Mayor Richards TRUTH IN TAXATION PUBLIC HEARING HELL) FOR THE 1992 BUDGET notice given, a public hearing was conducted on the proposed property tax increase in the 1992 Budget for the City of Edina, as mandated by truth in taxation legislation. be on two issues: 1) Proposed City Budget for 1992, and 2) Impact of Budget on levying of taxes to be collected in 1992 if adopted as proposed. residents with questions about or objections to the market value of their homes to appear before the Board of Review which would meet on April 27, 1992. Pursuant to published Mayor Richards stated that the focus of the hearing would He urged Mayor Richards then gave the following background information. Staff had established budget assumptions for 1992 totalling $13,817,945 that they felt would be applicable, which included capital expenditures, wages based upon inflation and central services. General Fund total expenditures for 1992 represented a 1.77% increase over 1991. The Council then had reviewed each line item in the proposed Budget, made changes and tentatively accepted it for the purpose of holding this public hearing. If the proposed 1992 Budget is adopted, the proposed real estate tax levy would be $9,825,625. and collected for 1991. No new programs were proposed. The proposed This would be a decrease of $185,282 or 1.85% from the tax levied Mayor Richards opened the hearing for public comment. spoke to the proposed 1992 Budget: Mr./Mrs. Dionysios Giannakakis, 5508 France Avenue (owners of homes at 3935/37 West 49 1/2 Street; Kathy Iverson, 5410 York Avenue; Ted Dean, owner of 3925/27 West 49th Street; Charlie Snyder, 5501 Wooddale; and A1 Wendt, 7401 West Shore Drive. The following residents Comments or questions voiced included: staffing at Centennial Lakes Park, the minimal increase of the 1991 Budget should be commended, is City exploring all avenues to reduce expenditures, what pressure is put on the system to actually affect the reduction of expenditures, and how does Edina compare with surrounding communities on local government aid received. Robert Kojetin, Director of Parks and Recreation, explained that the Centennial Lakes/Edinborough Parks programs are managed by a combined staff, funding for which is provided by fees from the surrounding residential units all of which are part of that tax increment district. Additional funding comes from the interest on the developer's fund. ' Mayor Richards explained that the City of Edina does not institute new programs and is very traditional in delivery of services. item yet to be resolved is a possible increase in employee health benefits. In recent years the City of Edina has received no local government aid. As to surrounding cities, Minnetonka, Richfield,and Eden Prairie receive very little. Some funds will be received from the Homestead Agricultural Credit Aid (HACA). The funds Edina has received has been used to keep taxes at the level proposed. He explained that one budget It was noted that written comments were received from: Thomas 0. Moe, 5316 Dundee 248 111 1819 1 Road; Paul Gauro, 302 Harrison Av. S., Donald Geesaman, 4606 Drexel Av.; Griffin J. Baker, 6312 St. Johns Av.; and Muriel Erickson, 4401 Parklawn #101, opposing any increase in property taxes to fund the proposed budget. Grove St., commended Council for only a 2% tax increase. No further comment being heard, Mayor Richards announced that the hearing would be continued to December 4, 1991 at which time the 1992 Budget would be formally adopted. I Bob Ryder, 5509 GONSEPJT AGENDA ITEMS ADOPTED Member Kelly to approve and adopt the Council Consent Agenda items as presented. Motion was made by Member Smith and was seconded by Rollcall : Ayes: Kelly, Paulus, Smith, Richards Motion carried. PWIJC HEARING ON VACATION OF ATLEY BETWEEN 5408 YORK AND 5411 ZF3KtTH CO~~ TO 12/16/91: HEARING DAlX OF 12/16/91 SET FOR YORK AVEJ!4DE IMPROVEMENTS Hoffman recalled that the request to vacate a portion of unconstructed alley behind 5408 York Avenue was continued from the meeting of November 4, 1991, so that all affected property owners/residents could be noticed that the Council will look at all access options for that area. Engineer Engineer Hoffman explained that all properties on the east side of York from West 55th to West 54th Street have an improved alley servicing their properties. York Avenue from West 55th Street north to the north property line of 5411York has an improved street. driveway on the York Avenue right of way to access their properties. West 54th Street until recently was a gravel roadway. This summer City crews took milled bituminous material from the 50th and France area and spread it on West 54th to somewhat improve the street. boundary along Minnehaha Creek and pointed out that the property at 5411 Zenith is within the flood plain. If that house were to bum or be removed, it would be questionable whether a building permit for a new structure could be issued. The properties to the north of this point use an unimproved He showed a graphic outlining the flood plain Other issues in the neighborhood include non-conforming lot sizes, setback problems and a garage that is partially located off the property. An expenditure of approximately $40,000 to $70,000 would bring the street system up to public standards, resulting in a estimated assessment of $5,000 to $10,000 per lot, depending upqn the extent of the improvement. requested, the City should retain the right to maintain the City's sanitary sewer line and also the right of the public utility companies to maintain their service lines. If the alley were vacated as Engineer Hoffman said given all the issues in the neighborhood, staff would recommend dealing with the vacation of the unconstructed alley west of York Avenue as one project, and to conduct public hearings on the public improvement issues as to York Avenue and West 54th Street if it so desired. Mayor Richards reiterated that the specific issue is the vacation of the alley between 5408 York and 5411 Zenith and opened the hearing to public comment. Public Comment Bob Christianson, attorney, representing M.J. Cope of 5405 York Avenue, said there are more issues in the area than just the vacation of the subject alleyway. He suggested that a public hearing be scheduled to deal with the entire area. Tim and Cindy Mulnrennan, 5420 York Avenue, presented a petition signed by residents on the 5400 block of York Avenue stating that they opposed the possibility of making York Avenue a through street which would incur a 11/18/91 substantial assessment on their properties. (i.e. randomly parked vehicles) and want it to remain a quiet neighborhood. They would like the area cleaned up Mike Menzel, 5410 York Avenue, also spoke to the petition in opposition to York Avenue becoming a through street. Further, that the problem of the randomly parked cars and/or abandoned car should be addressed. that upon complaint questionable vehicles are investigated and the ordinance enforced if they are found to be inoperable. Chief Swanson responded Council Comment/Action In response to Member Paulus, Attorney.Erickson said that in order to vacate the alleyway, the City has to make an affirmative finding that it is no longer needed for a public purpose. The fact that the City has no foreseeable use for it does not mean it is abandoned. If the Council decides to open it, it could be used for a public street. even though it is not used. vacating a small portion of the alley to serve an individual owner. that the proponent was not present to speak to the request. It would maintain its legal status as a public easement Member Paulus commented that she would not support It was noted Mayor Richards called for a motion on the request to vacate the alley between 5408 York and 5411 Zenith. No motion was offered. Mayor Richards then asked for Council comment on scheduling a public hearing for the purpose of considering improving York Avenue from 55th Street to 54th Street. that it is not Council's responsibility to identify areas that need improvement. If residents in the area want to petition for a hearing they should do so. Mayor Richards observed that he would support a public hearing to consider improvements to York Avenue from West 55th to West 54th Street because it would get the residents in to talk about the subject area. Member Smith commented Member Smith introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEllRING ON PERWNEWI STREET SURFACING WITH CURB AND GUTTER IMPROVEMENT NO. BA-297 - YORK AV. - W. 54TH ST. TO 55TH ST. AND BA-297A - YORKAV. - W 54TH ST. TO 200 FEET SOUTH The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Street Improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. This Council shall meet on Monday, December 16, 1991, at 7:OO P.H. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (OFFICIAL PUBLICATION) CITY OF EDINA 4801U. 50TH STREET ED=, MINNESOTA 55424 NOTICE OF PUBLIC HEARRJG PERWWENT STREET SURFACING WITH CURB AND GUTTER IMPROVEMENT NO. BA-297 YORK AVENUE - 8. 54TH STREET TO W. 55TH STREET IMPROVEMENT NO. BA-297A YORK AVENUE - W. 54TH STREET TO 200' SOUTH The Edina City Council will meet at the Edina City Hall, on Monday, December 16, ,250 11/18/91 1991, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. approximate cost of said improvements are estimated by the City as set forth below: The ESTIMATED COST IMPROVEMENT NO. BA-297 York Ave. - W. 54th St. to W. 55th St. $117,498.03 York Ave. - W. 54th St. to 200' South $ 33,039.96 IMPROVEMENT NO. BA-297A The areas proposed that may be assessed for the cost of the proposed improvements includes : Lots 1 thru 15, Block 2, Seely's First Addition to Hawthorn and Lots 16 thru 30, Block 1, Seely's First Addition to Hawthorn. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Smith, Richards Motion carried. ORDINANCE NO- 1122 (REPEALING CATV RELIEP ORDINANCE AND REIJXP ORDIEIBNCE AMENDMEXW) ADOPTED ON SECOND READING adoption of Ordinance No. 1122 as follows: Member Kelly moved Second Reading and ORDINANCE NO. 1122 AH ORDINANCE REPEALING THE CATV BELIEF ORDINANCE, ORDINANCE NO. 1121, AND CATV REIJXF ORDINANCE KKEJ!-WHEElT, OF CERTAIN ASPECTS OF THE CATV REmF ORDINANCE, LOCAL PROGBBMIIPJG IS FUNJXZD. THE CITY COUNCIL OF THE CITY OF EDINA, I!II"ESOTA, ORDAINS AS FOLLOWS: Section 1. Short Title. This Ordinance shall be known as the "Local Programming Restructuring Ordinance." Sec. 2 Background and pur0 ose. In 1984, Grantee requested that the Southwest Suburban Cable Commission ("SWSCC") and Member Cities substantially restructure certain aspects of the Franchise in response to the serious financial difficulties experienced by the Grantee. Relief Ordinance and the SVSCC and the Member Cities entered into the Performance Agreement in response to Grantee's request. Local Programming Obligations and Franchise Fee requirement, provide Grantee with an incentive to refinance its debt obligation and increase the involvement of the SVSCC and Member Cities in funding Local Programming Obligations and monitoring Grantee's performance. The CATV Relief Ordinance Amendment was enacted in 1988 as a part of the transfer of control of Grantee and resulted in the conthuance of the CATV Relief Ordinance with some modification. ORDINANCE NO. 1121-81, PROVIDING FOR THE CONTINUANCE AS AMENDED, AND RESTRUC-G THE MANT!ER IN WHICH The Member Cities enacted the CATV The result was to reduce Grantee; In 1990, Grantee petitioned SWSCC to extend the provisions of the CATV Relief Ordinance and CATV Relief Ordinance Amendment (collectively "Relief Ordinances") through the term of the franchise. through a series of meetings of the SWSCC operating committee and commission. The SUSCC, Member Cities and Grantee concur that the implementation of the Relief Ordinances has contributed to the achievement of the original goal of the SVSCC and its Member Cities: stabilizing and improving the financial condition of the Grantee. As a result, certain SUSCC oversight responsibilities and reporting requirements imposed by the Relief Ordinances and Performance Agreement are no longer necessary. The SWSCC and Grantee also concur that certain changes in the usage of channels on the cable system and the provision of access programming, communi- access programming and local origination programming (collectively "Local Programming") resulted in a channel line-up including more satellite programming services than originally proposed by Grantee, as well as focusing Local Programming channels so The SWSCC and Grantee revieved the request I 11/18/91 251 as to better serve the Member Cities. diversity and appeal to CATV subscribers while maintaining a strong Local Programming component. It was agreed that the mix and level of satellite services and Local Programming should be continued. The resulting programming line-up provides Finally, it vas determined that since Grantee had improved and stabilized its financial condition, it should assume full responsibility for funding Local Programming as was contemplated at the time of the Franchise award. e Since the SWSOC will no longer be a direct participant in the funding of Local Programming, it was determined that the role of the SWSCC in the oversight of Local Programming should be restructured. The SWSCC has adopted a resolution approving the modification and extension of certain provisions of the Relief Ordinances and related documents ("SWSCC Resolution"). Each of the Member Cities must also adopt a similar Resolution. This Ordinance will be effective only if the terms of the SVSCC Resolution are satisfied and Grantee agrees to be bound by the terms of this Ordinance through the execution of an Acceptance Agreement. Sec. 3. Relationship to Cable Communications Ordinance. This Ordinance does not permanently amend any provision of the Cable Communications Ordinance (the "Franchise") but provides that certain provisions of that ordinance are modified for a period of time as provided herein. Except as expressly modified in this Ordinance and related agreements entered into pursuant to this Ordinance, the provisions of the Franchise remain in full force and effect. offering and any provision of this Ordinance, the Restated Performance Agreement or any other document entered into pursuant to this Ordinance, the provision of this Ordinance, the Restated Performance figreement or said document entered into pursuant to this Ordinance shall be controlling so long as this ordinance remains in effect. In the event of a conflict or inconsistency between the Franchise or Sec. 4. Definitions. Subd. 1. Subd. 2. In addition, the following words and phrases shall have the The definitions in the Franchise also apply to this Ordinance. meanings given them: now or hereafter amended. local origination programming as set forth in the Restated Performance Agreement. "Local Programming Obligations" means Grantee's obligations under the Franchise and the Offering for cablecast access, community access and local origination programming. "News Show" means that show produced by Grantee pursuant to an Agreement with the SWSCC dated January 23, 1991. "Relief Ordinances" means the CATV Relief Ordinance as modified by the CATV Relief Ordinance Amendment. "Restated Performance Agreement" means that contractual agreement between Grantee, City and SWSCC establishing the terms and conditions under which Grantee will be required to fund and otherwise fulfill its Local Programming requirements and establishing reporting standards and criteria for Franchise compliance in other areas. (7) Grantee's access, community access and local origination programming obligations as set forth in the Local Programming Restructuring Ordinance and the Restated Performance Agreement. Compliance vith the Restructured Local Programming Obligations shall supersede and be in complete satisfaction of the Local Programming Obligations. This Ordinance hereby repeals the CATV Relief Ordinance, Ordinance No. 1121 and (1) (2) "Local Programming" means access, community access and/or (3) "Franchise" means the Cable Communications Ordinance as (4) (5) (6) "Restructured Local Programming Obligations" means Sec. 5. Repeal of Relief Ordinances. 2.5 2 11/18/91 ._ the CATV Relief Ordinance Amendment, Ordinance No. 1121-Al effective August 1, 1992. Through July 31, 1992, the provisions of the Relief Ordinances shall rerpain in effect uuless specifically superseded by this Ordinance. typographical error, Section 6, Subdivision 1 of the CATV Relief Ordinance date to be referred to is March 1, 1992. While this Ordinance is in effect the obligations of Grantee are modified to the extent provided in this section. shall be 5% of Gross Revenues payable as follows. shall be paid to City in equal quarterly payments on or before the first day of each of the months of November, February, May and August next following the end of Grantee's fiscal year. arrangement contained in the Relief Ordinance. In addition and pursuant to the new local programming funding commitments set forth in Subdivision 4 herein, an annual franchise fee of 1% of Gross Revenues for the most recently completed quarter shall be paid to City in quarterly payments on or before the first day of each of the months of November, February, May and August on current year revenues beginning August 1, 1992. all amotmts spent to fund the Restructured Local Programming Obligations shall be deducted from Gross Revenues. reduce the required amount of the Letter of Credit below $50,000 if in its sole discretion it determines that a lesser amount is reasonable and adequate to protect the public. Letter of Credit to be increased or fully restored to the amount of $50,000. Grantee shall comply with this requirement within sixty days after written notice has been given by the City. $300,000 performance bond required by the Franchise. thereafter by resolution require that such bond, or similar bond in a lesser amount, be provided by Grantee. vithin sixty days after written notice has been given by the City. the third weekly show of November, 1991, Grantee shall assume responsibility for funding the production of the News Show. produced in a manner which is generally consistent with the terms of the Agreement for Programming Services between Grantee and the SWSCC, a copy of which is attached hereto as Exhibit 1. However, the role of the SWSCC and the Member Cities shall be advisory in nature and neither the SWSCC or Member Cities shall be required to provide ongoing direct financial support for the News Show. Grantee shall be obligated to continue to fund and produce the News Show for a period of tvo (2) years through the second weekly show of November, 1993. Thereafter, Grantee shall be required to expend at least $100,000 annually of its total funding requirement under the Restructured Local Programming Obligations on local origination programming. Such funding shall be expended by Grantee in consultation with the SWSCC, as set forth in the Restated Performance Agreement. Due to a . Amendment stated an Automatic Termination date of March 1, 1991. The correct Sec. 6. Financial Terms. Subd. 1. Franchise Fees - Percentage. The annual'franchise fee An annual franchise fee of 4% These payments are consistent with the payment For purposes of calculating the annual franchise fee, Subd. 2. Letters of Credit. The City Council may by resolution It may thereafter, by resolution, require the amoupt of the Subd. 3. Performance Bond. The Grantee may dispense with the The City Council may Grantee shall comply with this requirement Subd. 4. Restructured Local Progrdg Obligations. Beginning with The News Show shall continue to be All provisions of the Relief Ordinances and Performance Agreement related to the funding of Local Progrdg shall remain in effect through July 31, 1992. Beginning August 1, 1992, Grantee shall assume full responsibility for funding the Restructured Local Programming Obligations. 31, 1992, the budget for localprogram3ng shall be 5/12ths of $347,000; provided that Grantee shall be required to meet all Restructured Local Programming Obligations, including the production of the News Show, irrespective of the actual cost of meeting such obligations. escalated by an amount equal to five percent (5%) of such budget on an anuualized From August 1 through December Thereafter, the annual budget shall be 11/18/91 253 basis as estimated in Exhibit 2 hereto. Throughout the term of this Ordinance, Grantee shall consult with the SWSCC concerning the provision of the Restructured Local Programming Obligations pursuant to the terms of the Restated Performance Agreement. complete satisfaction of Grantee's total Restructured Local Programming Obligations during the period of this ordinance and shall be deemed to satisfy Grantee's Local Programming Obligations as well. The expenditures made pursuant to this subdivision shall be in The amount of funding for the Restructured Local Programming Obligations shall not include any costs of operation, capital for access equipment replacement or administration not directly related to the provision of Local Programming. Grantee shall be responsible to maintain or replace, as necessary, the equipment listed in the Exhibit to the Contract for Local Programming Facilities, which is Exhibit 1 to the Performance Agreement, and shall not offset such expenditures against the funding for the Restructured Local Programming Obligations. The provisions of this Ordinance, and the reduced financial terms contained herein may, at the option of City, cease to be effective, upon the occurrence of the earliest of any of the following events; Subd. 1. required amount of the Letter of Credit as provided in Article VIII, Section 4, paragraph H of the Franchise. Subd. 2. Failure of the Grantee to restore, replace or increase either a Letter of Credit or bond within sixty days of written notice by the City, as provided in Section 6, Subdivisions 2 and 3 of this Ordinance. A holding or determination by any court or agency that any term, condition or provision of this Ordinance is invalid or unenforceable, as a result of any action taken by Grantee or anyone acting on Grantee's behalf seeking such determination. Sale or transfer of all or substantially all of the System to a person or entity other than a parent, subsidiary, related corporation, affiliated corporation, partner or joint venturer or Grantee or any parent of Grantee. Sec. 7. Automatic Termination. Failure of the Grantee to restore or replace the full Subd. 3. Subd. 4. Subd. 5. Termination of the Franchise. Sec. 8. Other Terminations. This Ordinance may also be terminated for cause, under the same procedures for termination as are contained in the Franchise, for the following reasons: the Local Programming Restructuring Ordinance, except to the extent that Grantee's performance obligations are modified in the Local Programming Restructuring Ordinance. provisions of the Restated Performance Agreement. This ordinance shall be effective upon passage and adoption by City and upon satisfaction of all of the following conditions: Subd. 1. All grounds for termination provided in the Franchise and Subd. 2. Failure of the Grantee to comply with any of the material Sec. 9. Effective Date. (1) Publication of this Ordinance; (2) Passage and adoption by each of the Member Cities of the WSCC of an Ordinance similar to this Ordinance within 90 days of the adoption of such Ordinance by the first Member City; Ordinances and effectuate the Local Programming Restructuring Ordinance. documents shall include, but not be limited to, those documents listed on Exhibit 3 attached hereto ("Documents"). closing to be held at the office of the SWSCC administrator within 90 days of the passage of the Local Programming Restructuring Ordinance by the final Member City ("Closing"). including delivery to the City of the acceptance, opinion of legal counsel, (3) Execution by Grantee of all documents necessary to repeal the Relief Such The executed Documents shall be delivered at a (4) Conformance with the provisions of Article XIV of the Franchise 11/18/91 2 5 4*. guarantees, and Passed by Hmember, 1991. crsshg. A'J!!I!EST : other documents as required by said Article XIV, before or at the City Council of the City of Edina, Minnesota this 18thday of Mayor 3d7qU City Clerk EXHIBIT 1 To ORDII?Al'?CE A- FOB PROGRAM SERVICES This made and entered into by and between the Southwest Suburban Cable Commission, a Joint Powers Commission organized pursuant to the lavs of the State of Mhmesota, hereinafter referred to as the "SVSCC", and Paragon Cable of Minnesota, hereinafter zplasm as "Contractor". WI'I'ITESSETH: VHEBEhS, the SVSCC wishes to purchase the services of the Contractor to provide videotape programming for a news show to be known as "Southwest Community News"; and VHEBEbS, the Contractor has the capability and personnel to provide the programming desired by the SVSCC; and VHEBEhS, the Contractor understands and the SVSCC likewise understands that in order to provide the programming that is desired by the SVSCC, the cooperation of both the SUSCC and Contractor will be essential; and WHEREAS, the SUSCC has made available funding for the purchase of the services of Contractor; and ROU, TBEBEFoaE, in consideration of the mutual undertakings and agreements hereinafter set forth, the SVSCC and the contractor agree as follows: I. RESPONSIBILITIES OF THE PARTIES I A. Contractor Responsibilities: 1. Southwest Communi- News Show. Contractor will develop and produce fifty-two (52) weekly news shows covering events and issues both relevant and timely to the five Southwest Cities, members of the SVSCC. providing and developing the news show, will rely heavily on the cooperation and assistance of each of the five Southwest Cities. will be provided by each of the Cities on a weekly basis. understanding of the Contractor and the SVSCC that in the event any City does not provide information or assistance in a timely manner, it will result in uneven representation of the Cities and perhaps higher production costs. 2. Southwest Commmitv News Show Format. The program will be a 30- minute news show with generally short (1-4 minutes) news items. The Contractor will explore with the SUSCC the option of including studio interviews or more indepth reporting of complex and/or controversial issues. format brought about by specific requests of the SUSCC may require further costs. However, Contractor understands that any changes will not be initiated without first receiving the authority of the SVSCC. on Channel 34 (to the five Member Cities) a minimum of fourteen (14) times over a seven (7) day period eth each show being first shown each Friday at 6:30 p.m. The show will also be shown during two (2) time slots each week on Channel 7, the Regional Chaxmel. contractor to schedule up to three (3) narrowcasts (to that City) each week. All such requests for narrowcasting shall be in writing every thirty (30) days and with not less than seven (7) days advance notice to contractor. All playback of the show will be within the rerrularlv scheduled plavback hours (as defined by the Access Rules). Contractor will experiment with other time slots in order to identify the most watched time slots; however, schedules will be published in advance and minimal changes will be made. Contractor, in The story ideas and contacts It is the Any change in the 3. Southwest Commmitv News Schedulinpr. The show will be simulcast Additionally, each Member City has the option to request the I 11/18/9 1 255 4. Southwest Community News Show Viewer Feedback. Contractor will I have a dedicated phone line providing 24-hour feedback by subscribers to its’ cable system. contractor, as well as the SWSCC, about the interest of the viewing public in the news shov. The purpose of this will be to provide timely information to 5. Promotion & Evaluation. a. The Contractor will cooperate with the Cities in providing information to enable the SWSCC to promote the program. schedules will be prepared by the SWSCC on its letterhead. counsel based on its experience and resources. of the provisions of its responsibilities included herein are essential to bring about the best possible nevs show. Further, Contractor understands that it will need to assist and work vith appropriate representatives designated by each of the five Southwest Member Cities. specific persons who will have the responsibility to ensure the production of the programming and to coordinate with representatives of the City. Press releases and b. Contractor will assist in evaluation, providing information and 6. CooDeration. Contractor understands that its timely performance Contractor agrees that it will designate B. Responsibilities of SWSCC: 1. CooDeration in the Develomnent of News Shows. Each of the Member It vi11 Cities to the SWSCC will designate a contact person for the Contractor. be the responsibility of each person so designated by the City to coordinate with and work with the representatives of the Contractor to ensure the initiation of the story, ideas, and content of programming to be developed by the Contractor. provide reasonable access to their facilities for the Contractor to ensure that the Contractor is able to provide at the various Cities’ facilities news shows in response to the request of the designated individuals of the City. marketing the show and for costs it incurs for such purposes. understood that it vi11 have the assistance of Contractor and its expertise. Further, it is understood that Contractor will include a listing of the show in the Cable Guide. Contractor, conduct a survey, focus group review, or incorporate other measures to evaluate the impact of the show and the subscriber acceptance of it. for any such evaluation shall be the responsibility of the SWSCC, except the reasonable time and service of Contractor devoted to providing assistance. 2. Facilities. The SWSCC vi11 ensure that its Member Cities will 3. Promotion. The SWSCC will be responsible for promotion and Hovever, it is 4. Focus. The SWSCC may, at any time, vith the assistance of Costs 11. TERM AND TERMINATION A. Term: B. Termination: This Agreement shall be for a 12-month term consisting of fifty- two (52) weekly shovs beginning November 17, 1990. days written notice to the other. Either party may terminate this Agreement by giving 30 111. COST AND PAYMENT A. Cost: B. Monthly Statements: Contractor vi11 submit monthly billing statements Each show will be produced at a cost not to exceed $1,962.50. to the SWSCC with payment due within 30 days of the date of the billing statement. IV. INDEPENDENT CONTRACTOR The Contractor shall select the means, method, and manner of performing the services herein. creating or establishing the relationship of co-partners between the parties hereto or as constituting the Contractor as the agent, representative, or employee of the SWSCC for any purpose or in any manner whatsoever. Contractor is to be and shall remain an independent Contractor with respect to all services performed under this Agreement. has or will secure at its own expense all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons vhile engaged in the performance of any work or services required by the Nothing is intended or should be construed in any manner as The The Contractor represents that it 256 11/18/91 Contractor under this Agreement shall not have any contractual relationship with the SWCC or its Member Cities; and shall not be considered employees of the SUSCC or its Member Cities. Unemployment Compensation Act or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment, including, vithont limitation, claims of discrimination against Contractor, its officers, agents, contractors, or employees, shall in no vay, be the responsibility of the SUSCC or its Member Cities., The Contractor shall defend, indemnify, and hold the SRSCC and its Member Cities and any of their officers, agents, and employees, harmless from any and all such claims irrespective of any determination of any pertinent, tribunal, agency, board, commission, or court. be entitled to any compensation, rights or benefits of any kind whatsoever from the SUSCC or its Member Cities, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' compensation, unemployment insurance, disability, severance pay, and PERA. I Any and all claims that may or might arise under the Such personnel or other persons shall neither require nor V. INDEMNITP AND INSURANCE A. The Contractor agrees to defend, indemnify, and hold the SVSCC, its officers, employees, and agents, harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission (including without limitation professional errors or omissions) of the Contractor, its agents, employees, or assignees in performance of the services provided by this Agreement and against all loss by reason of the failure of said Contractor to fully perform, in any respect, all obligations under this Agreement. B. provisions here and above set forth, the Contractor agrees at all times during the term of this Agreement to have and keep in force: A single limit or combined limit or access umbrella professional liability insurance policy covering the activities of the Contractor while performing services for the SUSCC, through its Member Cities, in the following amounts: $1-million for personal injuries and/or damages, and $1-million for total personal injuries and/or damages arising from one occurrence. A single limit or combined limit or access umbrella commercial general liability insurance policy of an amount of not less than $1-million for property damage arising from one occurrence, $l-million for total bodily injuries and/or damages arising from one occurrence, and $1-million for total personal injuries and/or damages arising from one occurrence. In order to protect itself, as well as the SWSCC, under the indemnity I 1, 2. VI. DATA PRIVACY Contractor agrees to abide by all applicable state and federal laws and regulations concerning the handling and disclosure of private and confidential information concerning individuals and/or data including, but not limited to, information made nonpublic by such laws or regulations. VII. OlimmSHIP Contractor shall be the property of the SUSCC and the SUSCC shall be responsible for the maintenance and storage of each program videotape. shall have the responsibility to ensure that any applicable requirements with respect to the storage of these program tapes are accomplished by it. will retain the video tapes during the term of this Agreement. this Agreement, SVSCC vi11 be responsible for the location and storage of the video tapes. Contractor understands, and SUSCC agrees, that all programs produced by the Further, the SWSCC Contractor Bfter the term of VI11 . NOl?-ASSE"T The Contractor shall not assign, subcontract, transfer, or pledge this Agreement and/or the serrlces to be performed tender, whether in whole or in part, without the prior written consent of the SUSCC. IX. MERGER AND MODIFICATION A. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral 11/18/91 257 agreements and negotiations between the parties relating to the subject matter hereof. are deemed to be part of this Agreement. this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. All items referred to in this Agreement are incorporated or attached and B. Any alterations, variations, modifications, or waivers of provisions of X. CONTRACT ADMINISTRATION In order to coordinate the services of the Contractor with the activities of the SUSCC and its Member Cities so as to accomplish the purpose of this Agreement, Adrian Herbst, administrator for the SVSCC, shall manage this Agreement on behalf of the SUSCC and serve as liaison between the SUSCC, its Member Cities, and the Contractor. XI. NOTICES Any notice or demand which must be given or made by a party hereto under the terms of this Agreement or any statute or ordinance shall be in writing and shall be sent registered or certified mail. Notices to the SUSCC shall be sent to the SUSCC administrator at 4800 Norwest Center, Minneapolis, Minnesota 55402. Notices to the Contractor shall be sent to the attention of Debra Cottone, at 801 Plymouth Ave. No., Minneapolis, Minnesota 55411. XII. LAW AND JURISDICTION This Agreement is entered into and may be the State of Minnesota and courts of applicable Minnesota. This foregoing Agreement has been entered 23rd day of January, 1991. Each of the parties understand it, and agree to be bound by it. enforced pursuant to the jurisdiction in Hennepin into between the parties have read the Agreement, laws of County, this PARAGON CABLE svscc EXBIBIT 2 TO ORDINBNCE SCHEDULE OF ESTIMATED ANNUAL MINIMUM MCAL PROGRAMMING EXPENDITURES - YEAR ESTIMATED BUDGET ($OOO'S) 1992 $ 347* 1993 364 1994 383 1995 402 1996 422 1997 443 1998 465 1999 488 * 1992 estimate based on 2% of gross revenues for 7 months (January - July) and 5/12ths of $347,000. 1992 Base will be escalated by 5% annually thereafter. EXHIBIT 3 LIST OF DOCUMENTS 1. Restated Performance Agreement 2. 3. Restated Contract for Public, Educational and Government Access Services 4. 5. Motion was seconded by Member Smith Restated Contract for Local Programming Facilities Acceptance of Local Programming Restructuring Ordinance Consent Agreement and Guaranty of Performance Rollcall : Ayes: Kelly, Paulus, Smith, Richards Ordinance adopted. CITY EMPLOYEES COMMENDED FOR RESPONSE TO SNOW OF THE CENTURY Walter Sandison, 11/18/91 258 4612 West 8th Street, commended City crews (Police, Fire and Public Works) for their quick action in getting Edina back to normal after the snow of the century. A letter of commendation for the Public Works snowplowers was also noted from Mr. and Mrs. James A. Kelsey, 5525 Hansen Road. CORRESPONDENCE RECEIVED REGARDING BLBKE ROAD IHPROVEHEN!CS John Zwicke, 5020 Blake Road, spoke to his cover letter dated November 21, 1991 with an attached petition to not install a sidewalk or destroy the natural beauty of the roadway with excessive road widening on Blake Road, north of Pine Grove Road, to State collector road standards, including sidewalk. The petition signed by area residents asked that the City consider alternative courses of action for the section between Scriver Road and Interlachen Boulevard. to collector road standards would involve major reconstruction and widening, would be difficult and costly and would destroy the scenic country look of the road. repaired with overlay if necessary. will only attract more traffic and encourage higher speeds. north of Lake Ridge Road would serve very few residents. Upgrading this section They felt the existing road is repairable and suggested it be simply Their concern is that widening the roadway Also, sidewalk Following further discussion, it was the consensus of the Council that all alternatives should be considered before the project would be approved. Hoffman said he would ask for direction from the Council before staff gets further into the roadway design. Engineer *BID AWARDED FOR COLLECTION OF REPUSE FROM CITY PROPERTIES Motion vas made by Member Smith and was seconded by Member Kelly for avard of bid for collection of refuse from Ciq properties to recommended lov bidder, Aagard Environmental Services, at $5.83 per cubic yard. Motion carried on rollcall vote - four ayes. *BID AWARDED FOR AIR T[IRNovw HEATING SYSTEM Motion was made by Member Smith and was seconded by Member Kelly for award of bid for an air turnaver heating system to recommended low bidder, E.A.H. Schmidt and Associates, at $14,691.00. Motion carried on rollcall vote - four ayes. 1992 PROPOSED FEES AND CHARGES APPROVED of Proposed 1992 Fees and Charges. rate each year and proposes changes accordingly. and charges are in line with those charged by other communities. Manager Rosland presented the Schedule He explained that staff examines the burden In general, the proposed fees Member Kelly moved approval of the Schedule of Proposed 1992 Fees and Charges, dated November 18, 1991, as presented and on file in the office of the Finance Director. Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Motion carried. Member Kelly introduced Ordinance No. 171-A37 and moved its adoption as follows, with waiver of Second Reading: ORDINANCE NO. 171-A37 AN ORDINANCE AMENDING ORDINANCE NO. 171 CERTAIN FEE NUMBERS TO INCREASE CERTAIN FEES AND TO ADDWPLACE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: No. 171 are amended to read as follows: ORD. SEC. -- NO. NO. PURPOSE OF FEEKHARGE AMOUNT FEE NO. Section 1. The following described fee numbers of Schedule A to Ordinance 11/ 18/91 259 411 42 9 431 434 434 451 45 1 731 7 3 LA9 731 731 731 731 731 731 731 731 731 731 804 2 Permit for moving of buildings 38 Oil burner installer's license, stoker installer's license, steam and hot water heating system installer's license, mechanical warm air heating & air conditioning system installer's license, refrigeration system installer's license 21 Gasfitting license 27(f) Public or semi-public swimming pool license 28(f) Public or semi-public whirlpool bath or therapeutic swimming pool license 6(b) Sign permit 6(g) Sign variance fee 5 Food establishment license 5 Day-care, limited food 5 Take-out facility license establishment 5 Packaged food sales license 5 Food warehouse license 5 Catering food establishment license 5 Itinerant food establish- 5 Retail candy shop license ment license 5 Readily perishable food 5 vehicle license Fleet of 5 or more readily perishable food vehicles 1 icens e 1 icens e 5 Perishable food vehicle 5 Fleet of 5 or more perishable food vehicles 9(a) Plat and subdivision filing 1 ic ens e fee $200.00 $50.00 $50.00 $270.00 per annum for each pool $145.00 per annum for each $65.00 per annum for each bath enclosed part or all of the year outdoor pool or pool $60.00 $100.00 - residential property $200.00 - commercial property $375.00 per annum, $325.00 if certified pursuant to Ord. No. 731-A7, plus $100.00 per annum for each additional facility $115.00 per annum $250.00 per annum, $200.00 if certified pursuant to Ord. No. 731-A7 $120.00 per annum $60.00 per annum $375.00 per annum, $325.00 if certified pursuant to Ord. No. 731-A7, plus $100.00 per annum for each additional facility $60.00 per event $45.00 per annum, plus $5.00 per annum for each additional facility $65.00 per annum $325.00 per annum $65.00 per annum $325.00 per annum For division of one or more lots where no new buildable lots are created - $50.00 per lot divided subdivisions - $350.00 plus For all other plats and lla 12 13a 17a 17b 18 19a 19c 19d 25a 25aa 25al 25a2 25a3 25a4 25b 25c 25d 25e 25h 251 28a 28b 260 11/18/91 $10.00 per lot 825 4(e) Variance Fee Residential - $100.00 Commercial - $200.00 825 4(e) Final Development Plan $400.00 ~ 902 16 Non-intoxicating malt liquor license On-sale $190.00 per annum (renewal) $245.00 per annum (new) Off -sale $190.00 per annum (renewal) $245.00 per annum (new) 902-A1 38(b)On-sale wine license: Per year - Restaurants with 50 or fewer seats $630.00 51 - 100 seats, inclusive $680.00 101 - 150 seats, inclusive $735.00 Over 150 seats 1101 3(a) Sewer Rental Charge: Single family dwellings, townhouses, two-family dwellings, apartment buildings containing four or less dwelling units : To and including 1600 cubic feet From 1601 cubic feet and over Apartment buildings with more than four dwelling units Commercial and industrial buildings, including schools and churches 1102-A1 Service Availability Charge (SAC) 1111 3(a) Water service 1111 3(b) 1301 6 Garbage hauler license 1302 4 Scavenger License $785.00 $23.20 per quarter $ 1.45 per 100 cubic feet $112.00 + $20.75 for each unit over four, or $1.45 per hundred cubic feet of water used during the quarter, whichever is greater $29.00 per water meter or approved sewage metering device on premises, or $1.45 per hundred cubic feet of water used during the quarter, whichever is greater $700.00 per SAC unit x number of SAC units computed as set forth in Ord. No. 1102-A1 1. $0.46 per 100 cubic feet for areas of City except areas described in 2. and 3. (Fee Nos. 39b and 39c) Minimum charge of $7.36 per quarter will be made where water consumption amounts to less than 1600 cubic feet $110.00 per annum for first vehicle, $40.00 for each additional vehicle $30.00 for first license, $20.00 for each annual renewal 29a 36c 36d 36~-1 36d-1 37a 37b 37d 13af 39a 39d 41 42a Sec. 2. Fee No. 10 of Schedule A to Ordinance No. 171 is replaced with the following: 408 1 Building Code compliance Residential - $ 75.00 per hour Commercial - $125.00 per hour with minimum of $75.00 10a with minimum of $125 .OO 10b 11/18/91 261 Sec. 3. Fee Nos. lld and lle of Schedule A to Ordinance No. 171 are replaced with the following: 421 4 Street Surface Repair Under 10 sq. ft. - $15/sq. ft. lld I 10 - 25 Sq. ft. - $lO/Sq. ft. lle Over 25 sq. ft. - $ 5/sq. ft. llf I Sec. 4. Fee Nos. 14a through 14r, 14y, 14y-1, 142, 142-1, 14aa, 14ab, 14ab1, 14ac, 14ad, 14ae, 14af are replaced with the following: 43281 15 Plumbing permit, Minimum Fee - Residential $20.50 14.la gas fitting permit Commercial 25.50 14. lb Fee calculated on total valuation of work as follows: i $ 0.00 - $ 1,000.00 $ 13.75 + 2.75% > $ 500.00 14. IC + 2.25% > 1,000.00 14. Id + 2.00% > 5,000.00 14.le + 1.75% > 10,000.00 14. If + 1.50% > 25,000.00 14.lg 1 + 1.25% > 50,000.00 14.lh 1 1,.001.00 - 5,000.00 26.25 5,001.00 - 10,000.00 116.25 10,001.00 - 25,000.00 216.25 25,001.00 - 50,000.00 478.75 50,001.00 - and over 865.75 I Sec. 5. Fee Nos. 15p-5, 15p-6, 15p-8 and 15p-13 are amended to read as 1 433 Heating, Air Conditioning, I Ventilation, Mechanical, I follows and Fee No. 15P-7 is hereby deleted: Fireplaces & Gas Piping Permit Minimum Fee - Residential $20.50 15p-5 1 - Commercial 25.50 15p- 6 $ 0.00 - $ 1,000.00 $13.75 + 2.75% > $ 500.00 15~-8 All fees for above permits based on contract price as follows: 50,001.00 - and over 865.75 + 1.25% > 50,000.00 f5p-13 Sec. 6. Following publication, the effective date of this Ordinance shall be January 1, 1992. ATTEST : Mayor PAhKA "ry1 &db City Clerk Motion for adoption of the ordinance was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Ordinance adopted. Member Paulus introduced the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby approve and set the following ambulance service fees for 1992: Service Level Fees for Ambulance Service, including medical treatment and/or transportation to a medical facility: Level I- On Scene Treatment $ 70.00 RESOLUTION SETTING AMBULANCE FEES FOR 1992 AMBULANCE FEES Specialized medical services performed at scene 11/18/91 26% with no transport involved Vital Signs Bandaging, Etc. I.V. Setups EKG Monitoring Spine Zmobilization Level I11 plus any: Medications Level I1 - Minor Care (BE3 Splinting Level I11 - Moderate Care (AIS2 Level IV - ?hior Care MAST (inflated) Additional Hanpover Mechanical Extrication LevelV - Cardiac Arrest Level IV plus any: Cardio Pulmonary Resuscitation (CPR) $475.00 $ 70.00 Defibrillation Additional Charge for Transportation to "Downtown" Hospitals Abbottflorthvestern, Minneapolis Children's Medical Center, Metropolitan Mount Sinai, Fairviev Riverside, Fairviev aidges Medical Center, Hennepin County Medical Center, University of Minnesota, North Memorial Medical Center, Veteran's Administration Motion for adoption of the resolution was seconded by Member Smith. Rollcall: Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. Member Smith introduced the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby approve and set the following miscellaneous fees for 1992: RESOLUTION SETTING HISCETJANEOUS FEES FOR 1992 HAZARDOUS MATEXfAIS/SPIKLS RESPONSE Engine/Fire Company HazHAt Unit $300.00 per hour Specialized Personnel Specialized Ewipment Supplies Disposal Other Ciw Resources $150.00 per hour/2 hour minimum $ 50.00 per hour/:! hour minimum Cost + 10% administrative charge Cost + 10% administrative charge Cost + 10% administrative charge Cost + 10% administrative charge Motion for adoption of the resolution was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. Member Smith introduced the following resolution and moved its adoption: RESOLUTION SETTING PARK h BECREATION DEPARTMENT FEES AND CHARGES FOR 1992 BE IT RESOLVED by the Edina City Council that the following Fees and Charges for the year 1992, as submitted by the Park Board, be approved: PARK & REcRehTION: Aquatic Instruction $30.00 Playground $10.00 Coach Pitch $22.00 $300 .OO $360.00 $415.00 Tennis Instruction $25.00 Pee Uee Tennis $15.00 Team Tennis $30.00 ART CIBTTER: Memberships Family $35.00 11/18/91 263 Individual ' $25.00 Class Fees (based on number of hrs in class) 1992 Non-Mem/Mem 24 hrs $3.25 / 3.00 21 hrs $3.50 / 3.25 20 hrs $3.50 / 3.25 18 hrs $3.50 / 3.25 16 hrs $3.50 / 3.25 . 14hrs $3.75 / 3.50 12 hrs $3.75 / 3.50 10 hrs $3.75 / 3.50 9 hrs $3.75 / 3.50 a hrs $3.75 / 3.50 6 hrs $4.25 / 4.00 ARENA: Single Hour Rate (as of Sept.) Open Skating (Youth C Adult) Skate Rental Skate Sharpening Season Tickets (Effective 10/1/92) Resident Family Resident Indiv. Non-Resi.Family Non-Resi.Indiv. Classes GUM RANGE: Pistol 1/2 hour 25 rounds trap Building/hr Firearm Safety POOL: Season Tickets: Resident Pam. $65.00 Resident Indiv. $50.00 Non-Resi.Fam. $75.00 Non-Resi.Indiv. $60.00 GOLF COURSE: Patron Cards: Individual $55.00 Additional Family Members $50.00 Resident $13.00 Non-Resident $18.00 Computerized Handicaps: Golf Cars: 18 holes t $19.00 9 holes $11.00 Group Golf Lessons: Adult $50.00 Junior $25.00 BRAEXAR GIZEEJ!i FEES: Green Fees: 18 hole/non-pat. $15.50 18 hole/patron $12.50 9 hole/patron $ 9.25 9 hole/patron $ 7.75 $95.00 $ 2.50 $ 1.25 $ 2.00 $60 I 00 $40.00 $75.00 $50.00 $50.00 $ 5.00 $ 4.50 $45.00 $ 6.00 Daily Admission: Adult & Youth $3.00 Waterslide $3.00 Lockers : Men's 72" Men's 42" Ladies' 72" Club Rental Pull Carts Golf Cars - Seniors: 18 holes 9 holes Golf Range: Large Bucket Small Bucket Warm-up Bucket $35.00 $25.00 $15.00 $ 5.00 $ 2.00 $18.00 $10.00 $ 4.00 $ 2.75 $ 1.25 Green Fees - Seniors: 18 hole/non-pat. $15.00 9 hole/non-pat. $ 8.75 9 hole/patron $ 7.25 18 hole/patron $12.00 11/18/91 264 Group Fees $21.00 Group Fees - 9 hole $12.00 Group Car Fees $25.00 BRAEMAR EXECUTIVE COURSE GREEN FEES: Adult/non-pat. $ 6.50 Adult/patron $ 5.50 Sr & Jr non-pat. $ 5.50 Sr & Jr patron $ 4.50 BBBElIBR CTXBHOUSE: Braemar Room Night Rate/resi. $550.00 Night Rate/non-resi. $600.00 Concession Fees (Concession is an anuual increase of 53, GOLF DOBE: Large Bucket $ 4.50 Sr./Jr. Bucket $ 4.25 Time Golf 1/2 hour $ 6.95 EDINBOROUGH: Daily Passes Season Passes Edina indiv. Edina family Non-Edina indiv. Towel Fee Skate Rental Fee Box Lunch Program Nm-Edina family Golf Cars/all $ 8.00 Pull Carts $ 1.75 Group Fees $ 8.00 Day Rate/resi. $250.00 Day Rate/non-resi. $300.00 Variable prices as a general rule) Soccer rentalbour $ 90.00 League $515.00 $ 2..50 $150.00 $200.00 $200.00 $250.00 $ .50 $ 1.25 Range $6 - $10 Domestic Photography by Professionals per hour Grotto $ 50.00 Theater $ 75.00 Great Hall $ 75.00 Ice Rink $100.00 Grotto $150.00 Theater $200.00 Great Hall $300.00 . Ice Rink $300.00 Mixed Use $500.00 East & Park Plaza $ 5.00 (Trade Shows) $2,500.00 Commercial Photography by Professional per hour Table Rental to Corp. Commercial Use Building Rentals Category 1 - City of Edina Boards/Associations Category 2 - Edina Civic Organizations & Edina Schools 04-Th) $lSO/day+$12/man - set-up/dovn Great Hall $ 125.00 Theatre $ 50.00 Grotto $ 25.00 Great Hall $ 300.00 Grotto $ 75.00 Theatre $ 125.00 Category 4 - Non-Edina Residents & Business (per hour) Great Hall $ 350.00 Grotto $ 125.00 Theatre $ 150.00 Category 3 - Edina Residents & Businesses (per hour) ll/lS/9 1 265 Category 5 - Exclusive Rentals Friday Nights Saturday Nights $1300.00 $1500.00 CENTENIUIAL LAKES: Rentals : Radio Control $2.50/half hr Paddle Boat $2.50/half hr Tot Stroller $2. 50/hour Winter Sled $2. 50/hour Ice Skate $1.25/per pair PARK DEPARTMENT RENTAT.23: General Park Areas: Picnic Shelters : Athletic Field Rental: (Baseball, Softball, Football, Soccer) Associations Cost = Expenses (includes overhead) Residentsflon-Residents: Per Day - $100/per field/per day plus expenses $ 50/hr - commercial use (5.e. TV Commercials) $lOO/hr vith lights $ 7O/group at Lake Cornelia Park Showmobile : $700/daY Per Hour - $ 35/per field/per hour Arneson Acres Terrace Room $125/day ($50 1st hour minimum, $25/hr after) Tupa Park $125/day ($50 1st hour minimum, $25/hr after) $ 55/per field/per hour with lights Cahill School Grange Hall Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. PURCHASING POLICIES AND REQUIREMENTS FOR CITY ADOPTED Finance Director John Wallin presented a draft of the City of Edina Purchasing Policies and Requirements, and State Statute. The policies include the addition of state requirements concerning non-discrimination, workers compensation insurance, withholding and prevailing wage rates to comply with provisions of state statute relating to requirements of contractors before final payments are made by the City. He explained that these are a combination of current City policy Most of these are currently in use by the City. The provisions of paragraph 1.9e are contrary to the present practice of the City. The Council has these options: 1. 2. 3. Continue to operate against State Statute and have liquor checks issued prior to Council approval. Pay the checks on the regular Council meeting and forego any discounts. Have three members of Council come to City Hall and approve these checks on a weekly basis. A brief discussion followed with a consensus to continue to operate as in the past. Member Smith made a motion to approve and adopt the City of Edina Purchasing Policies and Requirements, dated October 31, 1991, as presented and on file in the office of the Director of Finance. Member Paulus seconded the motion. Ayes: Kelly, Paulus, Smith, Richards Motion carried. APPOllTlENT MADE TO COMMUNITY EDUCATION SERVICES BOARD recommended that Jean Rydell be appointed to serve as the Park Board representative on the Community Education Semices Board as suggested by the Edina Park Board. Mayor Richards 111 1819 1 266 Member smith made a motion to approve the appointment of Jean Rydell to serve on the Community Education Services Board as the Ed- Park Board representative to fill an unexpired term through June 30, 1992. Kelly. Ayes: Kelly, Paulus, Smith, Richards Motion carried. Motion was seconded by Member I VACANCY EXISTS ON COMMUNITY HEAL.TH SERVICES ADVISORY COMMITTEE Mayor Richards reminded Council of the vacancy existing on the Community Health Services Advisory Committee and asked for names-to be submitted for possible appointment. STOP SIGNS REQUEST FOR If. 54TH STREET FROM WCE AV. TO ZENITEI CONTlIWED TO 12/2/91 Engineer Hoffman said the stop sign issue was the result of a request by Edina residents to change traffic flow conditions on West 54th Street from France Avenue to Zenith Avenue. The City of Edina has conducted considerable study activity on the common border street between Edina and Minneapolis. Hoffman said this is a compromise position between the engineering staffs of Edina and Minneapolis. similar to the pattern of STOP signs that Minneapolis uses on West 51st, West 52nd and West 53rd Streets between France and Xerxes Avenues. Engineer He presented a graphic depicting a STOP sign layout The Edina Traffic Safety Committee supports the layout but questioned whether the City should conduct a public hearing with notices on this issue. The Edina staff is unaware of a similar neighborhood request being processed through the Minneapolis side of the system. To move this issue to a final position, staff would recommend Council take a position of support on this issue and move the process to the City of Minneapolis for consideration. Staff believes that the Abbott Place northbound STOP sign should be established to define right of way at that intersection if nothing else is approved by the joint actions of the City of Edina and the City of Minneapolis. Residents speaking in favor of the proposal were Ken Gordon, 3701 W. 54th Street; John Falk, 3301 W. 54th Street; Jim Wilson, 3225 W. 54th Street; and Jeff Sather, 5407 Abbott Place. Marianne Falk, 3301 W. 54th St., said she would like east/west signs on Abbott Avenue installed also, as traffic gains momentum from Beard around Zenith. In response to Member Paulus, Engineer Hoffman pointed out that normally an issue such as this goes to the Traffic Safety Committee for a technical solution and possible compromise between two cities. proposed. He said the City of Minneapolis would require a letter of recommendation by the first week in December. Normally a public hearing would not be Member Paulus made a motion to hold a public hearing on December 2, 1991, on the STOP sign layout as presented, withnotice to all residents on the Edina side. Motion was seconded by Member Kelly. Ayes: Kelly, Paulus, Smith, Richards Motion carried. *BOARD OF REVIEW DATE SET FOR APRIL 27. 1992. 5:OO PH Motion vas made by Member Smith and vas seconded by Member Kelly to set April 27, 1992 at 5:OO P.M. as the date for the Board of Beviev. Motion carried on rollcall vote - four ayes. WN-SALE VINE LICENSE BND ON-SBLE 3.2 BEER LICENSE APPROVED FOR PIZZERIA UNO Motion vas made by Member Smith and vas seconded by Member Kelly to approve the issuance of an On-sale Wine License and On-sale 3.2 Beer License to Pizzeria Uno, 6740 France Avenue South. Motion carried on rollcall vote - four ayes. 11/18/91 267 CODIFICATION WORK PROGRAM SCHEDULE NOTED work program schedule for codification of the City's ordinances. objection to the schedule as presented. Manager Rosland presented a proposed There was no LETTER REGARDING DISH ANTENNA NOTED received from Earl P. Belschner, 6700 Hillside Lane, dated November 3, 1991, expressing his concern about a dish antenna that has been installed in the neighboring backyard. antennas. The matter was referred to Planner Larsen for investigation and compliance with ordinance requirements. Manager Rosland explained a letter had been He pointed out that Edina is still under the moratorium on PUBLIC HEARING HELD ON PROPOSED ISSUANCE OF REF"DING BONDS BY CITY OF WINNeAPOLIS ON BEHALF OF FAIRVIEM HOSPITAL AND HEAL!TECARE SERVICES: RESOLUTION ADOPTED APPROVING ISSUANCE Pursuant to due notice given, a public hearing was held to consider a proposal that the city of Minneapolis issue revenue bonds in order to refund bonds issued in 1985, that were issued to refund the 1981 bonds to finance the construction and improvement of facilities of Fairview Hospital and Healthcare Services and the acquisition and installation of items of equipment therein located in the City of Minneapolis and the City of Edina (Fairview Southdale Hospital). Manager Rosland advised that he had met with Mark Enger, Vice President and Administrator of Fairview Southdale Hospital for the purpose of sharing concerns of Council and staff and to close existing communication gaps between the hospital and the City. Mark Enger informed Council that the request is the result of the Tax Reform Act of 1986 which requires the host City to pass a resolution allowing Fairview to proceed with a refunding of bonds that were issued in 1985. through the City of Minneapolis and a portion of the bond issue proceeds was used for construction projects and equipment purchased for Fairview Southdale Hospital, thus obligating the resolution relating to the refinancing. The funding was No public comment or objections were heard on the proposed issuance of refunding bonds. Member Kelly introduced the following Resolution and moved its adoption: RESOLUTION APPROVING THE PROPOSED ISSUANCE OF REFUNDING BONDS OF THE CITY OF MNNEAPOLIS ON BEHALF OF FAIRVIEW HOSPITBL AND EJXLTHCARE SERVICES SECTION 1 Recitals BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1.1 The City has been advised by representatives of Fairview Hospital and Healthcare Services (Fairview), that in 1981 the City of Minneapolis, Minnesota (Minneapolis), issued revenue bonds (the 1981 Bonds) under Minnesota Statutes, Sections 469.152 to 469.165 (the.Act) to finance the construction and improvement of facilities of Fairview and the acquisition and installation of items of equipment therein, and that in 1985 the Minneapolis Community Development Agency issued revenue bonds (the.1985 Bonds) under the Act to refund the 1981 Bonds. A portion of the facilities financed with the 1981 Bonds consisted of improvements to facilities of Fairview located in the City. Fairview has advised the City that it has requested Minneapolis to issue revenue bonds under the Act to refund the 1985 Bonds (the Minneapolis Refunding Bonds). 1.2 in the City, Section 1313(a) of the Tax Reform Act of 1986 and Section 147(f) of the Internal Revenue Code of 1986, as amended and regulations promulgated thereunder, requires that prior to the issuance by Minneapolis of the Minneapolis Refunding Bonds, this Council approve the issuance of the Minneapolis Refunding Since a portion of the facilities financed with the 1981 Bonds are located Y 268 11/18/91 Bonds after conducting a public hearing thereon, and such a public hearing has been held on the date hereof. SECTION 2 Approvals The City hereby approves the issuance by Minneapolis of the Minneapolis 2.1 Refunding Bonds to refund the 1985 Bonds. understanding that the City shall not incur any liability vith respect to the issuance of the Minneapolis Refunding Bonds nor any responsibility with respect thereto or for the repayment thereof and that the Minneapolis Refunding Bonds sbalf not in any manner constitute an indebtedness or obligation of the City. This approval is given vith the Adopted by the City Council of the City of Edina on this 18th day of November, 1991. Mayor Attest: 3fd %- Clerk Motion for adoption of the resolution was seconded by Member Paulus. Rollcall : Ayes: Kelly, Paulus, Smith, Richards Resolution adopted. *CLAIMS PAID Motion vas made by Member Smith and was seconded by Member Kelly to approve payment of the following claims as shown in detail on the Check Register dated 11/18/91 and consisting of 26 pages: Pool Fund $4,342.57; Golf Course Fund $21,136.70; Recreation Center Fund $12,475.97; Gun Range Fund $910.37; Edinborough Park $29,734.09; Utility Fund $54,532.56; Storm Sewer Utility $271.58; Liquor Dispensary Fund $5,818.08; Construction Fund $252,140.98; IMP Bond Redemption #2 $248,618.11, !l!O!ML $2,753,282.01; and for confinnation of payment of the folloving claims as shown in detail on the Check Register dated 10/31/91 and consisting of 18 pages: General Fund $128,336.44; Art Center $308.85; Capital Fund $4.67; Svimming Pool Fund $57.52; Golf Course Fund $8,633.16; Recreation Center Fund $658.86; Gun Range Fund $148.54; Edinborough Park $95.72; Utility Fund $2,192.62; Liquor Dispensary Fund $341,368.95; Construction Fund ($117.04); TOT& $481,688.29. General Fund $2,106,144.90; Communications $30.07; Art Center $10,521.89; Capital Fund $6,604.14; Sviumun -8 I There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 9:30 P.M.