HomeMy WebLinkAbout19931206_specialMINUTES
OF THE CLOSED SPECIAL MEETING OF THE
EDINA CITY COUNCIL HELD AT CITY HAJJ,
DECEMBER 6, 1993 AT 6:30 P.H.
ROUCALL Answering rollcall were Members Kelly, Paulus, Smith and Mayor
Richards.
Mayor Richards stated that the purpose of this closed Special Council Meeting was
to discuss pending litigation against the City of Edina.
ABC Lawsuit
City Attorney Gilligan told Council that on Monday, November 22, 1993, the City
of Edina was named as a defendant in a lawsuit brought by sixteen residents of
Edina. Other defendants included the ABC Foundation (ABC) and Charles and Deena
Flammang who own the residence at 6617 Southdale Road.
order hearing was held that afternoon. The complaint asked for a declaratory
judgement that the proposed use of the residence at 6617 Southdale Road by ABC
would violate the City ordinance and also asked for a permanent injunction to
prevent that use.
A temporary restraining
On Monday, November 29, 1993, Judge Hedlund denied the temporary restraining
order. Trial date had been set for the week of December 13. ABC moved for
summary judgement on last Friday with the City joining in that action, e.g.
ruling by Judge Hedlund on the law, as applied to the case, that the proposed use
does not violate the City ordinance.
judgement motion under advisement and expects to rule by the end of December.
The trial date was set back until sometime between January 13 and February 7,
1994, assuming that the summary judgement is not granted.
recovery of attorney costs if it prevails.
Judge Hedlund has taken the summary
The City has asked for
Aufderheide Lawsuit
Attorney Gilligan said that nothing has happened in this lawsuit until recently.
In March, 1993, the City and plaitiff agreed to pursue settlement discussions
which would include potential changes in the City ordinance that would be brought
back to the Council.
time. The City's insurance company is willing to cover attorney fees up to
$25,000.
revisions to the City ordinance prepared by staff were given to the plaintiff.
There was no response until two weeks ago when, in anticipation of a trial date
in February, 1994, the plaintiff and his attorney came back with revisions to the
ordinance which would provide for a permit system for satellite antennas that
would not fit within the permitted location envelope as provided by ordinance.
The City's response was that the proposal was not acceptable.
Plaintiff also asked for recovery of attorney fees at that
In May, a meeting was held with the plaintiff and in July proposed
Attorney Gilligan informed Council that on December 6, 1993, the City met with
the plaintiff to discuss further conditions that would have to be met in order to
qualify for a variance, recognizing the provisions of the FCC order concerning
signal reception. He noted that the Aufderheide case is unusual because the City
had granted the variance request.
Music Cafe v. Citv of Edina et al.
Council was informed that the attorney representing the City has answered the
complaint and is now reviewing the tapes of the Council meetings pertaining to
90 12/6/93
the public dance permits for Hot Roxx.
federal court.
Also, the case has been removed to
No other business was discussed or action was taken.
by Mayor Richards at 6:58 P.M.
The meeting was adjourned
City Clerk