HomeMy WebLinkAbout19921116_special24
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OF THE SPECIAL MEETIBG OF THg
ED= Clcry COUNCIL HELD AT CITY HLII;L
NOVEMBER 16, 1992
A closed Council Meeting was held on November 16, 1992, at 6:15 P.M. for the
purpose of discussing the status of pending litigation - James and Regina
Aufderheide vs. City of Edina, a municipal corporation, and Frederick
Richards, Mayor of the City of Edina, individually.
Answering rollcall were Members Paulus, Rice, Smith and Mayor Richards.
members present were Manager Rosland, Attorney Gilligan, Assistant Manager
Hughes, Planner Larsen, Assistant to Manager Smith and Clerk Daehn.
Staff
Manager Rosland advised Council of the provisions of the City's public
officials liability insurance and recommended that the Council take action to
indemnify Mayor Richards.
Planner Larsen said the lawsuit raises two issues: 1) permit that would allow
the Aufderheides to place a satellite antenna on the roof of their home at
5325 West 62nd Street, and 2) defense of the City's ordinance regulating
antennas (Code Section 815). He informed the Council that since the last
meeting staff has obtained a report from a consulting engineer who has
determined that there are only two locations that will give the Aufderheides
reasonable access to the satellite signal, (i) the roof and (ii) the front
yard near the street.
differentiate between dish antennas and other types of antenna are preempted.
FCC regulations provide that local restrictions that
I Attorney Gilligan advised the Council of the City's position regarding the
appeal by the Aufderheides for granting the requested variance that would
permit installation of a dish antenna on the roof of their home and the affect
such granting may have on the defense of the City's ordinance.
Tt was the consensus of the Council to proceed with action to indemnify Mayor
Richards and to consider at a future date further strategy on the lawsuit
following formal action by the Council on the request for variance at the
regular meeting of the Council at 7:OO P.M. this date.
No other business was discussed or formal action was taken.
adjourned by Mayor Richards at 6:50 P.M.
The meeting was
City Clerk
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