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HomeMy WebLinkAbout19931101_regular6 0- MEmTES OF THE BJIGULAR mTING OF THE EDINA CITP COUNCIL HELD AT CITY HALT.. NOVEMBER 1, 1993 ROILCAU Answering rollcall were Members Kelly, Paulus, Rice, Smith, and Mayor Richards. MINNESOTA CEEHICAL HEALTH WEEK PROCIAIMED proclamation which was unanimously adopted on motion of Member Paulus and seconded by Member Smith: A PROCIAHATION. VHEBEBS, 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 communi- efforts to reduce the demand for drugs in our communities; and WHEREAS, November 12 - 19, 1993, is HIJSIESOTA CHEMICAL BEhtTH WEEK; and UHEREAS, 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 displaying red ribbons during MINNESOTA CHEMICAL HEbLTH VEEg. NOW, THEBEFORE, BE IT RESOLVED that November 12 - 19, 1993, be declared throughout the Ci- of Ed-. BE IT FUR- RESOLVED that the Mayor and Council Members of the City of Ed-, in recognition of this event, support the activities sponsored by MINNESOTA CHEMCAL HEATA'H VEEK and EDIXA CHEMICAL AWARENESS and encourage comrmmity participation in drug avareness, education and prevention activities. Mayor Richards presented the following MINNESOTA CHEMICAL HEALTH UEEK Roger Larson accepted the proclamation on behalf of Edina Rotary, the organization which initially promoted and funded the Edina Chemical Awareness Committee. COPJSJZNT AGENDA ITICE3 APPROVED Member Smith to adopt the Council Consent Agenda items as presented. Motion vas made by Member Rice and vas seconded by Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *MINUTES OF COUNCIL MEETING OF OCTOBER 18. 1993. APPROVED Motion vas made by Member Rice and was seconded by Member Smith to approve the Council Minutes of the regular meet3ng of October 18, 1993. Motion carried on rollcall vote - five ayes. FINAT.. PLAT APPROVED FOR TBE CRESCENT OF C- LAKES (OUTLOT A. SOUTH ED= DEVELOPME" ADDITION1 Presentation by Planner Planner Larsen recalled that on October 4, 1993, the Council granted preliminary plat and final site plan approval for a 98 unit townhouse development located west of York Avenue and north of Parklawn Avenue extended identified as Outlot A, South Edina Development Addition. increments. of the property remaining an outlot until future phases are presented for final approval by Council. Staff would recommend final plat approval conditioned on: 1) an executed development agreement, and 2) an executed developer's agreement. The details of the development agreement between the Edina HRA and the developers would be the same as presented to the Council at preliminary approval. The plat is proposed to be finaled in The first phase would comprise four townhouse lots with the balance The 11/1/93 61 developer's agreement would address the installation of the public improvements that are necessary for the project to proceed. Planner Larsen pointed out that on October 4, 1993, Council gave overall preliminary plat approval for the entire project. is the request to approve the first phase consisting of four townhouse lots on the southerly portion of the property. The remainder of the property would remain as an outlot until further final plats are presented to Council for approval as future phases proceed. Mr. Larsen concluded by noting that both developers, Larry Laukka and Peter Jamis, were present to respond to questions. Before Council at this meeting Mayor Richards then called for public comment on the plat as proposed. comment or objection was heard. No Member Smith introduced the following resolution and moved adoption, subject to: 1) an executed development agreement, and 2) an executed developer's agreement: RESOLUTION APPROVING FINAL PLAT FOR THE CRESCENT AT CENTENNIAL LAKES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "THE CRESCENT AT CENTENNIAL LAKES", platted by the Housing and Redevelopment Authority of Edina, Minnesota, a public body corporate and politic under the laws of the State of Minnesota; Kenneth M. Anderson, Personal Representative of the Estate of Fred W. Hedberg, deceased, an undivided 92.86% interest, John W. Hedberg and Jean Hedberg, husband and wife, an undivided 7.14% interest; and Eden Place, Inc., a Minnesota nonprofit corporation; and presented at the regular meeting of the City Council of November 1, 1993, be and is hereby granted final plat approval. Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. Mayor Richards asked when work would begin on project. Jarvis, Inc., said activity on the site would begin in three to four weeks. Engineer Hoffman said that a bridge feasibility study is being done by the Engineering department now for presentation to the Council in the near future. Larry Laukka, Laukka- *LQT DIVISION GRANTED FOR 5520 CODE AVENUE AM) 5208 WEST 56TH STREET Motion was made by Member Rice and was seconded by Member Smith for adoption of the following resolution: WHEREAS, the following described tracts of land constitute various separate parcels : RESOLUTION Lot 1, RICHMOND HILLS 3RD ADDITION, and Lot 4, RICHMOND HILLS 3RD ADDITION; WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels, herein called Parcels: Lot 1 and the easterly 4 feet of that part of Lot 4, RICHMOND HILLS 3RD ADDITION lying north of the westerly extension of the south line of Lot 1, RICHMOND HILLS 3RD ADDITION, according to the recorded plat thereof, Hennepin County, MN; and Lot 4 except the easterly 4 feet of that part of Lot 4, RICHMOND HILLS 3RD ADDITION lying north of the westerly extension of the south line of Lot 1, RICHMOND HILLS 3RD ADDITION, according to the recorded plat thereof, Hennepin County, MN; WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the subdivision and Zoning Regulations as contained in the City of Edina Code Sections 810 and 850; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina 11/1/93 . that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Code Section 810 and Code Section 850 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion carried on rollcall vote - five ayes. PUBLIC J3EARING ON VACATION OF U'l!ILITY/CONSERVATION EASEMENTS FOR LOT 1. BIX)CK 2, TBFT ADDITION CONTINUED TO NOVEXBER 15. 1993 Affidavits.of Notice were presented, approved and ordered placed on file. Presentation bv Engineer Engineer Hoffman explained that Robert Holl, property owner at 5020 Scriver Road, has petitioned for vacation of a utility easement and part of the overlaying conservation easement on said property. engineering staff have no opposition to the vacation of the utility easement. The City planning staff has suggested that the request to vacate a portion of the conservation easement be reduced by eight feet on the southerly side. The utility companies and City Concerning the conservation easement, by memorandum dated October 28, 1993, Planner Larsen pointed out that the subject property-is a part of the Taft Addition approved by Council in 1977. foot Conservation easement upland from the pond located in the southerly portion of the lot. The easement, as applied to the plat, exceeds the 100 foot requirement resulting in an extremely limited rear yard for the home. recorded easement does not allow any clearing in the easement area nor does it allow any structures or buildings. Review of the records does not indicate an intent by the City to protect more than the first 100 feet up from the pond. requested, the proposed vacation would leave an easement of approximately 92 feet. Staff would support the vacation if adjusted to leave an easement of approximately 100 feet. maintaining adequate protection of the wild area adjacent to the pond. A condition of that approval was a 100 The As This would allow for a more reasonable rear yard while Presentation bv Petitioner Bob Holl told Council that they moved to 5020 Scriver Road on July 1, 1993. He explained that he had petitioned for vacation of the easements in order to give his family a larger rear yard area in which to garden and play. He pointed out that previous to their purchase of the home, a potential sale fell through because of the restrictive easements. Subsequently, they then purchased the house at a lower price. request for vacation was reasonable and were confident that it would be approved. Mr. Holl stated that they were led to believe that the Public Comment Dave Burkholder, 5024 Scriver Road, spoke to his letter dated October 21, 1993. He said one of their main reasons for purchasing their home was the uniqueness and privacy of the heavily-wooded setting. In speaking to the City Planner he learned that once the easement is vacated it is permanent so that even though the current property owner may not intend to initiate anything to alter the setting, future owners could and might do so. Mr. Burkholder said they feel they must protect the value of their property and would not want to see the unique setting changed. Mr. Holl responded that he had attempted to contact the neighbor at 5024 Scriver Road on five separate occasions but never found anyone at home. intent was not to chop down trees but to gain a little more use of their rear yard, most of which would be on the westerlyportion of the property which He said their 11/1/93 63 -- currently is approximately 11 acres of undeveloped land. David Culbert, attorney representing Mr. Holl, submitted photographs illustrating the restrictive limitations the easement has on the use of the Holl's rear yard. Council Comment/Action Engineer Hoffman answered Member Kelly that if the vacation is granted as proposed, building could occur on the vacated portion. Member Rice recalled a similar vacation request for property in the area. Planner Larsen said there was a somewhat similar request for vacation of a conservation easement on the south side of this same pond (6204 Fox Meadow Lane). However, the conditions of the easements are different. Council, the conservation easement is a "no touch" easement, i.e. the easement area must be left in its natural state. easement did not allow structures but the area could be maintained as yard. request was made to permit placement of a play structure in the rear yard. Permission was ultimately granted by the Council for placement of the play structure with the permitted use limited to the present property owners. Member Rice asked Mr. Hollhow he intended to use the rear yard if the request is granted. but only wanted to be able to use the area for activities such as gardening, putting up a volley ball net, etc. be willing to restrict himself to that kind of use. Mr. Holl said he would prefer not to have the use restricted as he was concerned about resale if a subsequent owner would want to put a gazebo, tennis court or swimming pool there. In the case before In the previous case, the open space That Mr. Holl said he had no intention of building an addition to the house Member Rice then asked Mr. Holl if he would Member Smith said he concurred with Member Rice regarding restricting the use if the vacation was granted. Mayor Richards commented that the easements were of record to potential buyers and that he felt there were valid reasons for the easements that were placed on the property when the plat was presented for approval. heard no reasons to support modifying those easements. that the hearing be continued so that the petitioner could present a specific proposal for the land use. He added that he had Mayor Richards suggested Member Paulus asked that the plan indicate whether any filling of land would be made and if vegetation would be removed. advise Council if the proposed use could be restricted to the current property owner. She also asked the City Attorney to Member Paulus made a motion to continue the public hearing on the proposed vacation of easements on Lot 1, Block 2, Taft Addition to November 15. 1993. to allow the petitioner time to present a plan of the proposed use in support of the proposed vacation of easements. Motion was seconded by Member Rice. Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. *BID AWARDED FOR SANITARY SEWER IMPRO- MO. NO. STS-225. WATERMAIN IMPRO- NO. UM-373 APPROVED - (THE CRESCENT OF SS-384. STORW SEWER. -0- CE"NIAL LAKES1 Smith for award of bid for Sanitary Sewer Improvement No. SS-384. Storm Sewer Improvement No. STS-225 and Watermain Improvement WM-373 to recommended law bidder, Volk Sewer h Water, Inc., at $75.540.51. Motion was made by Member Rice and was seconded by Member Motion carried on rollcall vote - five ayes. *BID AWARDJCD FOR STANDBY GENERATOR - PUBLIC WORKS BUILDING Motion was made by Member Rice and was seconded by Member Smith for award of bid for a standby 11/1/93 6 -4- generator at the Public Works building to recommended lov bidder, Interstate Detroit Diesel, Inc., at $8,866.13. Motion carried on rollcall vote - five aye. PWLIC FTF.ARTEIG HELD: IN-E IN BEW AND WINE LICENSE PEES FOR 1994 APPROVED Affidavits of Notice were presented, approved and ordered placed on file. Pursuant to due notice given, a public hearing was conducted to consider increasing the fees for beer and wine licenses in accordance with M.S. 340A.408, Subd. 3A. Manager Rosland advised Council that a copy of the notice was mailed to all licensees on October 1, 1993. increased cost for staff time in issuance of the licenses and for inspections by the Police Department. holders of beer or wine licenses. The increase is proposed to recover No comment or correspondence has been received from Mayor Richards called for public comment on the proposed license fee increase. No public comment or objection was heard. Member Rice made a motion to approve the follooring beer and wine license fees, effective January 1994, to be subsequently adopted by ordinance: ON-SAIX WINE: Restaurants with 50 or fewer seats $ 690 51 - 100 seats, inclusive 750 101 - 150 seats, inclusive 810 Over150 seats 865 Manager s License 60 ON-SALE 3.2 BEER: $ 210 (renewal) OFF-SALE 3.2 BEER: $ 210 (renewal) !CEHPOMRY 3.2 BEEa LICENSE $ 40 270 (new) 270 (new) Motion was seconded by Member Smith. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. REPORT GIVW ONHC CAULEY 'I!RAIL POND: HEARING DATE OF 12/06/93 SET Engineer Hoffman informed Council that by letter dated September 25, 1993, the Indian Hills Association, representing eight townhouses on McCauley Trail, had expressed concern about the flood potential to their homes because of the elevation fluctuations during heavy rainfall events of the pond adjacent to their rear yards. City Engineering staff had provided several options for consideration and discussion by the members of the Association as follows: He pointed out that the existing storm water system meets City standards. 1) 2) Provide flood-proof design at each unit or a total system covering several units. Enlarge outfall system from pond to Arrowhead Lake. solution as expense would be very large and system now meets design standards. Reduce area of drainage into pond thus reducing the amount of "pond elevation fluctuation" during heavy rainfall events. be less water in pond during dry seasons. Set small pump station on west end of pond to pump pond down to a lower "normal elevation" thereby providing more storage in a heavy rainfall event. (Estimated cost at $5,000.00 split 50 percent from residents, 50 percent from the stormwater utility fund.) Private cost as opposed to public cost. Not a practical 3) Only downside would 4) Engineer Hoffman presented an aerial view of the subject pond and adjacent homes together with a pond profile illustrating: a) normal water elevation, b) 100 year 11/1/93 65 design standard elevation, and c) regulatory flood above the design standard elevation). protection elevation (one foot and cost effective. The Staff would recommend option four as most feasible project cost is estimated to be approximately $5,000.00. discussed would be the source of funding, either from the stormwater utility or a cost split between the stormwater utility and special assessment to benefitted properties. Since the existing system meets the City's current standards but the association members desire an upgraded system, staff would suggest that the cost be split on a 50%/50% basis. The issue to be Member Paulus asked if the pond is a natural pond or was created for drainage and if homes built after 1987 were constructed at a higher elevation. Hoffman responded that the developer created the pond by dredging and designing it according to DNR watershed standards. The building elevation of the homes to be constructed on the site was established based on those standards. Following the 1987 rainstorm event, the same building elevation standards were applied for new construction throughout the City. He reiterated that Edina's standards provide a one foot "bounce" over the standard system. Engineer Arley Bjella, Chairman of the Indian Hills Pond Committee, and William Abraham, committee member, stated that they did not feel an answer to the problem would be determined at this meeting but they wanted to get the process started. Bjella told Council that he moved into his unit in 1986 and following the 1987 storm the cost for flood damage to his home was over $25,000.00. 1992, they just about got "wiped out" again when the official records indicated rainfall of 2.18 inches. Mr. On July 2, Mayor Richards asked, assuming the project were approved, if would agree to share the cost on a 50/50 basis. Mr. Abraham has never been discussed with the members. He noted that in double townhouse units there are other homes adjacent to the By consensus, the Council agreed to hold a public hearing on so that all potential benefitted properties would be advised the Association responded that this addition to the four pond. the proposed project of the estimated project cost and proposed special assessment as recommended by staff. Member Smith moved adoption of the folloving resolution: RESOLUTION PROVIDING FOR PUBLIC HEARING ON STORM SEVEB IMPROVEMENT NO. STS-226 1. the feasibility of the proposed storm sewer improvement 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 6, 1993, at 7:OO P.H. in the Edina City Hall, to consider in public hearing the vievs of all persons interested in said improvements. 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 folloving form: The City Engineer, having submitted to the Council a preliminary report as to The City Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) CITP OF EDIHB 4801 WEST 50TH STREET EDIHIL, l4l"ESOTA 55424 11/1/93 6 6- NOTICE OF PlJBIXC HEIRING STORH SEWER HC CAUTXZ TRAIL POND IHPROVEMENT NO. STS-226 The Edina City Council will meet at the Edina City Hall on Monday, December 6, 1993, at 7:OO P.M., to consider the following proposed improvement to be cdnstructed under the authority granted by Minnesota Statutes, Chapter 429. approximate cost of said improvement is estimated as set forth below: The Storm Sever - McCauley Trail Pond Estimated Cost $6,000 .OO STORM SEWER MpaovEHENT STS-226 The area proposed to.be assessed for a portion of the cost of proposed improvements includes: Lots 1 thru 7. Block 1, Indian Hills 3rd Addition and Lot 1, Block 1, The Timbers. estimated cost of $250.00 per dwelling unit. These properties are proposed to be assessed at an Marcella M. Daehn, City Clerk Motion was seconded by Member Kelly. Rollcall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. RE"G OF BRAKMAR CLUBHOUSE ADDRESS TO 6364 JOHN HARRIS DRIVE RECOMMENDED Mayor Richards recalled that Council had asked the Mayor to work with staff as to a recommendation in recognition of and as a lasting tribute to Edina resident, John Harris, winner of the 1993 Walker Cup and the U.S. Amateur Golf Tournament. It was concluded that the road from Braemar Boulevard to the Braemar Clubhouse be renamed "John Harris Drive", resulting in an address for the clubhouse of 6364 John Harris Drive. The clubhouse address is presently 6364 Dewey Hill Road. Mayor Richards said that, if the Council concurs, staff would bring back an ordinance amendment for formal adoption of the street name. Council agreed to the proposed street name change. By consensus, the REPLACEMENT OF PARK AND RECREBTION DIRECTOR APPROVED the Council that Robert Kojetin, Director of Parks and Recreation, has submitted his resignation as of January 28, 1994, under the early retirement incentive program. According to the provisions of the program, the Council must authorize any replacement for the position. Rosland asked Council to approve replacement. Manager Rosland informed Because this is a key position, Manager Member Smith made a motion approving replacement of the position of Director of Park and Recreation due to an employee taking advantage of the early retirement incentive program. Motion was seconded by Member Kelly. Rollcall: Ayes: Kelly, Paulus, Rice, Smith, Richards Motion carried. Manager Rosland mentioned that Bill Bach, Manager of Edinborough Park, has tendered his resignation to accept a position in private industry. Assistant Director of Communications, has resigned to accept a position with the City of Eagan. Joanna Foote, RESOLUTIONS OF INDEMNIFICATION FOR CITY OFFICIAIS ADOPTED advised that Attorney Gilligan had prepared for consideration by the Council resolutions determining that it is "fitting and proper" for the City to defend and indemnify each of the officers of the City named as a defendant in the Music Cafes litigation. official capacities and individual capacity. Under the resolution, the defense and indemnification would cover the officers both in their official capacity and Manager Rosland I The officers have been named in such action both in their 11/1/93 7r 67 individual capacity. each City officer named as a defendant. By memorandum dated October 29, 1993, Attorney Gilligan advised Council that Minnesota Statutes, Section 466.07, subd. 1, provides as follows: A separate resolution has been prepared with respect to "Indemnification required. 466.04, a municipality or an instrumentality of a municipality shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee: position; and duty, or bad faith. Subject to the limitations in section I (1) was acting in the performance of the duties of the (2) was not guilty of malfeasance in office, willful neglect of This section provides that the City shall defend an officer for damages claimed against the officer if the officer was acting in the performance of the duties of the position and was not guilty of malfeasance in office, willful neglect of duty or bad faith. Case law in Minnesota interpreting this section indicates that the City should make a determination that it is "fitting and proper" to provide defense and indemnity to an officer or employee pursuant to this section. making this determination, the City may consider such factors as may be reasonably relevant and helpful in reaching a conclusion. conclusion, the City Council should state in writing the reasons for its decision. In In reaching the In the Music Cafes litigation the City officers have been named as defendants because of actions taken in performance of their duties as officers of the City and the Summons and complaint in the action contains no allegations of malfeasance in office or willful or wanton neglect of duties by any officer. A claim has been submitted to the City's public officials liability insurance carrier with respect to the litigation and the City has been notified that the insurer will defend the City and the individual defendants entirely in both their official capacities and individual capacities. deductible per occurrence. It is recommended that the resolutions determining that it is "fitting and proper" to defend each of the individual defendants be adopted at this time. The policy has a $15,000.00 Mayor Richards called for public comment on the proposed resolutions to indemnify and defend the City officials in the Music Cafes litigation. heard, Mayor Richards then asked Mayor Pro-Tem Kelly to assume the chair and stated that he would abstain from consideration and action on the following resolution. No comment being Mayor Pro-Tem Kelly then called for a motion on the resolution to indemnify and defend Mayor Richards. resolution : Member Smith made a motion to adopt the following RESOLUTION DETERMINING THAT IT IS FITTING AND PROPER TO INDEMNIFY AND DEFEND MAYOR RICHARDS IN CONNECTION WITH THE MUSIC CAFES LITIGATION BE IT RESOLVED by the City Council of Edina, Minnesota (the "City") as follows: Rice and Smith and Kenneth E. Rosland, the City Manager (such individuals being herein together referred to as the I'Individual Defendants"), have been named as defendants in an action brought in Minnesota District Court (the llActionll) by Music Cafes, Inc. d/b/a Arnold's Hot Roxx Music Cafe (the "Plaintiff"), alleging certain violations of the Plaintiff's rights, and seeking damages and costs and 1. Recitals. The City, Mayor Richards, Council Members Kelly, Paulus, 11/1/93 attorneys' fees. Action in their official capacities as officers of the City and in their The Individual Defendants have been named as defendants in the individual capacities. Minnesota Statutes, Section 466.07- provides that the City shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee (i) was acting in the performance of the duties of the position, and (ii) was not guilty of malfeasance in office, willful neglect of duty, or bad faith. Individual Defendants have submitted a claim with respect to the Action under the public officials liability insurance policy of the City and the Individual Defendants may not be covered under such policy with respect to all claims against the Individual Defendants. commencing the Action has been submitted to and reviewed by this Council. Complaint commencing the Action, the naming of Mayor Richards as a defendant in the Action has arisen solely from his performance of duties as an officer of the City, and the Summons and Complaint commencing the Action contains no allegations of malfeasance in office or willful or wanton neglect of duties by Mayor Richards, and in the absence of any information to the contrary, it is fitting and proper for the City to defend Mayor Richards in the Action and both in his official capacity and individual capacity to pay any damages and costs levied against such person in the Action to the extent not covered by the public officials liability insurance policy of the City. Motion was seconded by Member Paulus. I The City and the A copy of the Summons and Complaint 2. Findinns and Determination. Based upon review of the Summons and Rollcall : Ayes: Paulus, Rice, Smith, Mayor Pro-tem Kelly Abstaining: Richards Resolution adopted . I Mayor Richards then assumed the chair for the remainder of the meeting. Member Kelly abstained from consideration and action on the following resolution. Member Paulus made a motion to adopt the following resolution: RESOLUTION DETEBMLriIHG TEAT IT IS FITTING AND PROPER TO INDEMNIFY AND DEFEND COUlUCIL MEMBER KEI;LY IN CONNECTION WITH THE MUSIC CAFES LITIGATION BE IT RESOLVED by the City Council of Edina, Minnesota (the "Cityw) as follows: Rice and Smith and Kenneth E. Rosland, the City Manager (such individuals being herein together referred to as the "Individual Defendants"), have been named as defendants in an action brought in Minnesota District Court (the wActionw) by Music Cafes, Inc. d/b/a Arnold's Hot Roxx Music Cafe (the "Plaintiff"), alleging certain violations of the Plaintiff's rights, and seeking damages and costs and attorneys' fees. The Individual Defendants have been named as defendants in the Action in their official capacities as officers of the City and in their individual capacities. Minnesota Statutes, Section 466.07 provides that the City shall defend and indemnify any of its officers and employees, *ether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee (i) was acting in the performance of the duties of the position, and (ii) vas not guilty of malfeasance in office, villful neglect of duty, or bad faith. Individual Defendants have submitted a claim uith respect to the Action under the public officials liability insurance policy of the City and the Individual Defendants may not be cavered under such policy with respect to all claims against the Individual Defendants. commencing the Action has been submitted to and revieved by this Council. Complaint commencing the Action, the naming of Council Member Kelly as a defendant in the Action has arisen solely from her performance of duties as an officer of the City, and the Summons and Complaint commencing the Action contains 1. Recitals. The City, Mayor Richards, Council Hembers Kelly, Paul-, The City and the I A copy of the Summons and Complaint 2. Findings and Determination. Based upon review of the Summons and 11/1/93 69 no allegations Council Member of malfeasance in Kelly, and in the office or willful or wanton neglect of duties by absence of any information to the contrary, it is fitting and proper for the City to defend Council Member Kelly in the Action and both in her official capacity and individual capacity to pay any damages and costs levied against such person in the Action to the extent not covered by the public officials liability insurance policy of the City. Motion was seconded by Member Rice. Rollcall : Ayes: Paulus, Rice, Smith, Richards Abstaining: Kelly Resolution adopted. Member Smith abstained from consideration and action on the following resolution. Member Paulus made a motion to adopt the following resolution: RESOLUTION DETERMINING THAT IT IS FITTING AND PROPER TO INDEMNIPY AND DEFEND COUNCIL MEMBER SMITH IN CONNECTION WITH TEE MUSIC CAFES LITIGATION BE IT RESOLVED by the City Council of Edina, Minnesota (the "City") as follows: Rice and Smith and Kenneth E. Rosland, the City Manager (such individuals being herein together referred to as the "Individual Defendants"), have been named as defendants in an action brought in Minnesota District Court (the "Action") by Music Cafes, Inc. d/b/a Arnold's Hot Roxr Music Cafe (the "Plaintiff"), alleging certain violations of the Plaintiff's rights, and seeking damages and costs and attorneys' fees. The Individual Defendants have been named as defendants in the Action in their official capacities as officers of the City and in their individual capacities. Minnesota Statutes, Section 466.07 provides that the City shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee (i) was acting in the performance of the duties of the position, and (ii) was not guilty of malfeasance in office, willful neglect of duty, or bad faith. The City and the Individual Defendants have submitted a claim with respect to the Action under the public officials liability insurance policy of the City and the Individual Defendants may not be covered under such policy with respect to all claims against the Individual Defendants. commencing the Action has been submitted to and reviewed by this Council. Complaint commencing the Action, the naming of Council Member Smith as a defendant in the Action has arisen solely from his performance of duties as an officer of the City, and the Summons and Complaint commencing the Action contains no allegations of malfeasance in office or willful or wanton neglect of duties by Council Member Smith, and in the absence of any information to the contrary, it is fitting and proper for the City to defend Council Member Smith in the Action and both in his official capacity and individual capacity to pay any damages and costs levied against such person in the Action to the extent not covered by the public officials liability insurance policy of the City. Motion was seconded by Member Kelly. 1. Recitals. The City, Mayor Richards, Council Members Kelly, Paulus, A copy of the Summons and Complaint 2. Pindinns and Determination. Based upon review of the Summons and Rollcall : Ayes: Kelly, Paulus, Rice, Richards Abstaining: Smith Resolution adopted. Member Rice abstained from consideration and action on the following resolution. Member Kelly made a motion to adopt the folloving resolution: RESOLUTION DETERMINING THAT IT IS FITTING AND PROPER TO INDEMNIFY AND DEFEND COUNCIL MEMBER RICE IN CONNECTION WITH THE MUSIC CAFES LITIGATION BE IT RESOLVED by the City Council of Ed-, Minnesota (the "City") as follows: 11/1/93 a -0- 1. Recitals. The City, Mayor Richards, Council Members Kelly, Paulus, Rice and Smith and Kenneth E. Rosland, the City Manager (such individuals being herein together referred to as the "Individual Defendants"), have been named as defendants in an action brought in Minnesota District Court (the "Action") by Music Cafes, Inc. d/b/a Arnold's Hot Roxx Music Cafe (the "Plaintiff"), alleging certain violations of the Plaintiff's rights, and seekhg damages and costs and attorneys' fees. The Individual Defendants have been named as defendants in the Action in their official capacities as officers of the City and in their individual capacities. Minnesota Statutes, Section 466.07 provides that the City shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee (i) vas acting in the performance of the duties of the position, and (ii) was not guilty of malfeasance in office, willful neglect of duty, or bad faith. Individual Defendants have submitted a claim with respect to the Action under the public officials liability insurance policy of the City and the Individual Defendants may not be covered under such policy with respect to all claims against the Individual Defendants. commencing the Action has been submitted to and reviewed by this Council. Based upon review of the Summons and Complaint commencing the Action, the naming of Council Member Rice as a defendant in the Action has arisen solely from his performance of duties as an officer of the City, and the Summons and Complaint commencing the Action contains no allegations of malfeasance in office or willful or wanton neglect of duties by Council Member Rice, and in the absence of any information to the contrary. it is fitting and proper for the City to defend Council Member Rice in the Action and both inhis official capacity and individual capacity to pay any damages and costs levied against such person in the Action to the extent not covered by the public officials liability insurance policy of the City. Motion was seconded by Member Smith. I The City and the A copy of the Summons and Complaint 2. Findings and Determination. I Rollcall : Ayes: Kelly, Paulus, Smith, Richards Abstaining: Rice Resolution adopted. Member Paulus abstained from consideration and action on the following resolution. Member Rice made a motion to adopt the following resolution: BESOLUTION DETERHRJING THhT IT IS PITTING AND PROPER TO INDEMNIFY AND DEFEND COUNCIL MEMBER PAULUS IN CONNECTION UI!l!H THE MUSIC CAFES LITIGATION BE IT RESOLVED by the City Council of Ed-, Minnesota (the "City") as follors: Rice and Smith and Kenneth E. Rosland, the City Manager (such individuals being herein together referred to as the "Individual Defendants"), have been named as defendants in an action brought in Minnesota District Court (the "Action") by Music Cafes, Inc. d/b/a Arnold's Hot Ron Music Cafe (the "Plaintiff"). alleging certain violations of the Plaintiff's rights, and seeking damages and costs and attorneys' fees. The Individual Defendants have been named as defendants in the Action in their official capacities as officers of the City and in their individual capacities. Minnesota Statutes, Section 466.07 provides that the City shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee (i) was acting in the performance of the duties of the position, and (ii) was not guilty of malfeasance in office, willful neglect of duty, or bad faith. Individual Defendants have submitted a claim with respect to the Action under the public officials liability insurance policy of the City and the Individual Defendants may not be covered under such policy with respect to all claims 1. Recitals. The City, Mayor Richards, Council Members Kelly, Paulus, The City and the . 11/1/33 _-- 71 against the Individual Defendants. commencing the Action has been submitted to and reviewed by this Council. Complaint commencing the Action, the naming of Council Member Paulus as a defendant in the Action has arisen solely from her performance of duties as an officer of the City, and the Summons and Complaint commencing the Action contains no allegations of malfeasance in office or willful or wanton neglect of duties by Council Member Paulus, and in the absence of any information to the contrary, it is fitting and proper for the City to defend Council Member Paulus in the Action and both in her official capacity and individual capacity to pay any damages and costs levied against such person in the Action to the extent not covered by the public officials liability insurance policy of the City. Mayor Richards seconded the motion. A copy of the Summons and Complaint 2. Pindinps and Determination. Based upon review of the Summons and I Rollcall : Ayes: Kelly, Rice, Smith, Richards Abstaining : Paulus Resolution adopted. Member Paulus introduced the following resolution and moved its adoption: RESOLUTION DETERMEIING TEAT IT IS PITTING AND PROPER TO INDEMNIFP AND DEFEND !CHE CITY MANAGER IN CONNECTION WITH THE MUSIC CAFES LITIGATION BE IT RESOLVED by the City Council of Edina, Minnesota (the "City") as follows: Rice and Smith and Kenneth E. Rosland, the City Manager (such individuals being herein together referred to as the "Individual Defendants"), have been named as defendants in an action brought in Minnesota District Court (the "Action") by Music Cafes, Inc. d/b/a Arnold's Hot Roxx Music Cafe (the "Plaintiff"), alleging certain violations of the Plaintiff's rights, and seeking damages and costs and attorneys' fees. The Individual Defendants have been named as defendants in the Action in their official capacities as officers of the City and in their individual capacities. Minnesota Statutes, Section 466.07 provides that the City shall defend and indemnify any of its officers and employees, whether elective or appointive, for damages, including punitive damages, claimed or levied against the officer or employee, provided that the officer or employee (i) was acting in the performance of the duties of the position, and (ii) was not guilty of malfeasance in office, willful neglect of duty, or bad faith. Individual Defendants have submitted a claim with respect to the Action under the public officials liability insurance policy of the City and the Individual Defendants may not be covered under such policy with respect to all claims against the Individual Defendants. commencing the Action has been submitted to and reviewed by this Council. Complaint commencing the Action, the naming of Kenneth E. Rosland as a defendant in the Action has arisen solely from his performance of duties as an officer of the City, and the Summons and Complaint commencing the Action contains no allegations of malfeasance in office or willful or wanton neglect of duties by Kexmeth E. Rosland, and in the absence of any information to the contrary, it is fitting and proper for the City to defend Kenneth E. Rosland in the Action and both in his official capacity and individual capacity to pay any damages and costs levied against such person in the Action to the extent not covered by.the public officials liability insurance policy of the City. Member Rice seconded the motion. 1. Recitals. The City, Mayor Richards, Council Members Kelly, Paulus, The City and the A copy of the Summons and Complaint 2. Findinprs and Determination. Based upon review of the Summons and Ro 1 hall : Ayes: Kelly, Paulus, Rice, Smith, Richards Resolution adopted. *CLAIMS PAID to approve payment of the following claims as shown in detail on the Check Motion was made by Member Rice and was seconded by Member Smith 11/1/93 Register dated October 28, 1993, $153,432.10; C.D.B.G. $9,374.90; and consisting of 26 pages: General Fund Comrmmication $1,850.68; Working Capital $13,346.75; Art Center $10,171.81; Swimming Pool $300.00; Golf Course $70,845.36; Ice Arena $5,564.67; Gun Range $371.37; Edinborough/Centennial Lakes $21,065.44; Utility Fund $273,842.63; Storm Sewer $70,351.71; Liquor Fund $40,072.18; TOTAL $670,589.60. I Motion carried on rollcall vote - five ayes. There being no further business on the Council Agenda, Mayor Richards declared the meeting adjourned at 8:40 P.M. City Clerk