HomeMy WebLinkAbout19921207_special-3 8
l!ImmEs
OF THE SPECIAL HEETING OF THE
ED= CITP COIINCIL HELD AT CITY HAIL
DECEMBER 7, 1992
A closed Council Meeting was held on December 7, 1992, at 6:15 P.M. for the
purpose of discussing the following 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 Kelly, Rice, Smith and Mayor Richards.
members present were: Assistant Manager Hughes, Attorney Gilligan, Planner
Larsen, Assistant to Manager Smith and Clerk Daehn.
Staff
Attorney Gilligan informed the Council that the granting of the variance by the
Council on November 16, 1992, to locate an eight foot satellite dish antenna on
the roof of the Aufderheide's home was not sufficient to resolve the litigation
commenced by the Aufderheides. By letter dated November 25, 1992, their
attorneys (Faegre & Benson) have set forth the conditions on which they would be
willing to settle the lawsuit.
pay the Aufderheides' costs and attorney fees and require the City to reach
agreement with Mr. Aufderheide and representatives of the Satellite Broadcasting
and Communications Association (SBCA) as to revisions to Code Section 815,
working from the model ordinance proposed by SBCA.
The settlement demand would require the City to
Attorney Gilligan then explained the requirements of the Federal Communications
Commission Order adopted in 1986 and its application to Code Section 815.
noted that the federal preemption issue would be determined on the basis of
whether Section 815 unreasonably limits or imposes excessive costs on the receipt
of satellite signals by dish antennas.
determined on the basis of the variance procedure provided for in Section 815.
He
The resolution of this issue would be
The Council was also advised of the coverage afforded by the City's public
officials liability insurance.
would be responsible for the fees of the attorneys retained by the insurance
company to defend the City (Marshall and Associates) until the deductible is
exhausted. It may also provide some coverage for the attorneys' fees for the
Aufderheides .
The policy has a $15,000 deductible and the City
Member Kelly interjected that, for the record, her son is a litigating attorney
with Faegre & Benson and her son-in-law is in the corporate department with
Dorsey & Whitney.
discussion if the Council felt that advisable.
She said she would abstain from participating in the
No objection was voiced.
Planner Larsen briefly reviewed the restrictions provided by Section 815
pertaining to setbacks, maximum height limitation, and location for antennas that
may be preempted by the FCC Order.
Considerable discussion followed on the proposed settlement offer and legal
counsel to represent the City and Mayor Richards.
Member Smith then moved the follooring action: 1) to direct counsel for the Cim
to answer the complaint, and 2) authorize staff and the Dorsey firm to negotiate
with the City's insurance company regarding retaining the Dorsey firm as co-
counsel. Motion was seconded by Member Rice.
Ayes: Kelly, Rice, Smith, Richards
Motion carried.
12/7/92
No other business was discussed or other action was taken. The meeting was
adjourned by Mayor Richards at 7:OO P.M.
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City Clerk
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