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HomeMy WebLinkAboutJuly 22, 2002CITY OF COLUMBIA HEIGHTS OFFICIAL MINUTES CITY COUNCIL MEETING JULY 22, 2002 Pastor Dave Briley of Oak Hill Baptist Church introduced Pastor Morris Leverty of Ireland, who gave the invocation. CALL TO ORDER The meeting was called to order at 7:08 p.m. by Mayor Gary Peterson. APPOINTMENT OF SECRETARY PRO TEM/ROLL CALL Motion by Councilmember Nawrocki, seconded by Councilmember Szurek, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. Roll call: Present -- Councilmembers Nawrocki, Szurek, Williams, Wyckoff, and Mayor Peterson. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA- None. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations The Mayor read the following proclamation regarding National Night Out: WHERAS: The National Town Watch Association is sponsoring a special coast -to -coast community crime prevention project on the evening of August 6, called "National Night Out," and "Minnesota Communities United Against Crime," and WHERAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime and drugs in our neighborhoods; and WHERAS: "National Night Out" provides an opportunity for Columbia Heights to join together with over 9,700 communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHERAS: Neighborhood spirit and cooperation is the theme of the "National Night Out" project and plays an important role in helping the Columbia Heights Police Department fight the war against crime and drugs in our community. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 6, 2002. FURTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 6, 2002 as "NATIONAL NIGHT OUT" in Columbia Heights. Corporal Paul Bonesteel from the Police Department spoke briefly about National Night Out Neighborhood parties are being held on August 6 from 6 -8:30 p.m. He encouraged residents to contact City Council Minutes July 22, 2002 Page 2 of 15 Karen Olson in the Police Department to register their neighborhood party. Presentations Ran Rittmiller invited the public to the Police /Fire Appreciation Dance, which will be held this Friday, July 26, 2002, at Murzyn Hall. There will be music and snacks provided. This citizen - generated event is being done to show appreciation for our local heroes. Introduction of New Employees There were no new employees to introduce tonight. Recognition The Mayor acknowledged donations to the Columbia Heights fireworks show from Tri -City American Legion, Columbia Heights VFW Post 230, The Kordiak Company, Northeast Bank, First Community Credit Union, and the Columbia Heights Lions Club. The Mayor also acknowledged the donation of lighting to the Murzyn Hall flagpole from the Columbia Heights VFW Post 230. CONSENT AGENDA The City Manager briefly highlighted each consent agenda item for the council. Councilmember Nawrocki asked that the following items be removed from the consent agenda: • The second part of Item 2, establishing Work Session dates • Item 5, establishing employer match to deferred compensation for the Recreation Director • Item 7, authorizing purchase of administrative vehicle. Motion by Councilmember Nawrocki, seconded by Councilmember Wyckoff, and passed unanimously to approve the following Consent Agenda items_ Minutes for Approval MOTION: Approve the minutes of the July 8, 2002, regular City Council meeting as presented. Adopt Resolution No. 2002 -47 being a Resolution designating elections judges for the 2000 Primary and General Elections MOTION: Waive the reading of Resolution No. 2002 -47 there being ample copies available to the public. RESOLUTION 2002 -47 BEING A RESOLUTION DESIGNATING ELECTIONS JUDGES FOR THE 2002 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and WHEREAS: Pursuant to City Charter, Section 30, and M. S. S.204A, the Council shall appoint qualified voters of each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary and General Elections to be held on September City Council Minutes July 22, 2002 Page 3 of 15 10, 2002 and November 5, 2002, respectively, with an hourly remuneration of $9.50 for head judge and $9.00 for an election judge. Passed this 22nd day of July, 2002. 2002 ELECTION JUDGES FOR PRIMARY AND GENERAL Precinct 1- Murzyn Hall, 530 Mill Street HJ Faye Cleasby, Charlotte Zarich, Mona Lundholm, Fran Jensen, Wanda Heining, Darlene Bieljeski, Pauline Pafko, Mildred Peterson, Steve Emme, and Sandy Engquist Precinct 2 -NEI College of Technology, 825 41 Avenue HJ Clara Shattuck, Mark Emme, Joann Kewatt, Frances Fleisher, Martin Heining, Steve Iserman, James McBroom, Gerry Mrozka, and Alpha Geslin Precinct 3 - Parkview Villa, 965 40 Avenue HJ Muriel Nichols, Laura Lindahl, Delores Jacobsen, Ruth Hillestad, Charles Helland, Otto Lausten, John Doan, Lorraine Malisheski, Patricia Klimek, and Barb Breen Precinct 4- Hi2hland Elementary School, 1500 49 Avenue HJ Marsha Stroik, Mavis Sibell, Janis Larson, Cliff Pelton, Audrey Olund* *, Mabel Jackson, Judy Dettman, Allison Rime, H Jaque Block, Marion Bernard, and Judy Schendel Precinct 5 -First Lutheran Church, 1555 40 Avenue HJ Edna Miracle, Mayme Lyons * *, Pat Weber, Nancy French, Irene Ricci, Dolores Roman, Richard Meixner, Sharon Ruettimann* *, Lorrie Nalezny, and Gloria Helm Precinct 6- Hi2hland Elementary School, 1500 49 Avenue HJ Judy Lee, LaVonne Seim, Barbara Elrod, Delores Marquette, Kay Mayer, Eva Pelton, Betty Doerner, Doris Sunheim, Marion Cellette, and Joanne Nelson Precinct 7- Valley View Elementary School, 800 49 Avenue HJ Kay Handley, Karin Mattson *, Rose Corbett *, Sylvia Weeks, Jeanette LeBlanc, Ann Kronstedt, Joan Fuhrman, William Burgoyne, Gloria Helm, and Bill Balamut Precinct 8- Valley View Elementary School, 800 49 Avenue HJ Pat Jindra, Mary Dowdle, Noranda Anderson, Ken Kronstedt, Ruby Hawkins, Dick Corbett, Margaret (June) Riley, James Davis, Irene Sunt, and Carol White ** * Judges who will serve at Crestview Home voting. * * Part Time /On Call MOTION: Adopt Resolution No. 2002 -47, being a Resolution designating election judges for the 2002 Primary and General Elections. Offer Long Term Care Insurance at employee expense through payroll deduction MOTION: Offer benefit eligible employees the option of obtaining, at their expense, the Municipal Pool's long -term care insurance through CNA, through payroll deduction. City Council Minutes July 22, 2002 Page 4 of 15 Accept 2002 -2003 Federal Law Enforcement Equipment Block Grant MOTION: Accept the 2002 -2003 federal law enforcement block grant in the amount of $17,241, with a 10 percent match in the amount of $1,916 to come from unexpended funds in the 2002 Police Department General Budget. Adopt Resolution 2002 -44, being a Resolution approving a lot split of the property located at 2120 43rd Avenue NE MOTION: Waive the reading of Resolution 2002 -44, there being ample copies available to the public. RESOLUTION NO. 2002 -44 SUBDIVISION REQUEST I, Dave Linsk, Hereby request a split of PIN 36 30 24 14 0003 Legally described as: Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota. PIN 36 30 24 14 0002 Legally described as: That part of Lot 1, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, which lies West of a line drawn from a point on the North line thereof distant Sixty -seven and Eighteen hundredths (67.18) feet East of the Northwest corner thereof to a point on the South line thereof distant Twenty -five (25) feet East of the Southwest corner thereof. THE DESCRIPTIONS HENCEFORTH TO BE: That part of Lot 1, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, which lies West of a line drawn from a point on the North line thereof distant Sixty -seven and Eighteen hundredths (67.18) feet East of the Northwest corner thereof to a point on the South line thereof distant Twenty -five (25) feet East of the Southwest corner thereof. TOGETHER WITH: That part of Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, described as follows: Beginning at the Northeast corner of said Lot 2, thence Southerly on the East line a distance of 94.00 feet; thence Westerly and parallel with the North line a distance of 16.00 feet; thence Northeasterly to a point on the North line, distant 7.00 feet westerly of the Northeast corner, thence Easterly to the point of beginning. Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, Except the following: That part of Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, described as follows: Beginning at the Northeast corner of said Lot 2, thence Southerly on the East line a distance of 94.00 feet; thence Westerly and parallel with the North line a distance of 16.00 feet; thence Northeasterly to a point on the North line, distant 7.00 feet westerly of the Northeast corner; thence Easterly to the point of beginning. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. City Council Minutes July 22, 2002 Page 5 of 15 Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (1) year of the date of the Council action. This 22 day of July, 2002. MOTION to adopt Resolution 2002 -44, a resolution approving a lot split of the property at 2120 43rd Avenue NE. Approve Business License Applications MOTION to approve the items as listed on the business license agenda for July 22, 2002 as presented. Approve Payment of Bills MOTION to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 98963 through 99148 in the amount of $1,672,666.72. The following items were removed from the consent agenda and were now acted upon: Work Session Meeting Dates for Monday, August 5, 2002 and Monday, August 19, 2002 Councilmember Nawrocki asked what the agenda items will be for the August 5 th work session. The City Manager reported the following items would be on the agenda: NPDES LMC Guide Plan Agreement, Public Works equipment replacements, AET Engineering contract for Central Avenue soils and materials testing, NEI contract for rental use of gyms, "Safe and Sober" campaign presentation, reimburse police overtime fund from general fund, and declaration of a hazardous building at 1036 Gould, liquor store discussion, and possible purchase of 4828 5 th Street. Councilmember Nawrocki asked what the agenda items would be for the August 19 work session. The City Manager stated that items are not known at this time for that meeting. Councilmember Wyckoff asked if there is a meeting scheduled for July 29 The City Manager stated that there was not. Motion by Councilmember Szurek, seconded by Councilmember Williams, to establish work session meeting dates for Monday, August 5, 2002, and Monday August 19, 2002, to begin at 7:00 p.m. in City Hall Conference Room 1. Roll call vote: Ayes: Wyckoff, Szurek, Williams, Peterson Nays: Nawrocki. Adopt Resolution No. 2002 -45, being a resolution establishing employer match to deferred compensation for Recreation Director Councilmember Nawrocki stated that he was against this motion. He stated that in all fairness, there are other employees, such as the Liquor Operations Manager who is responsible for a 5 million dollar budget, that should also get an increase in their deferred compensation, as well as others such as the Public Works Superintendent. He also stated that this action is in conflict with the bargaining process. Councilmember Wyckoff asked why this issue is being brought up now. The City Manager explained that the auditors brought this to the attention of city staff, as there was not a resolution on file approving this change. MOTION by Councilmember Szurek, seconded by Councilmember Williams, to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. City Council Minutes July 22, 2002 Page 6 of 15 MOTION by Councilmember Szurek, seconded by Councilmember Williams to adopt Resolution 2002 -45, being a resolution establishing employer match to deferred compensation for Recreation Director. Roll call vote: Ayes: Wyckoff, Szurek, Williams, Peterson. Nayes: Nawrocki. RESOLUTION NO. 2002 -45 RESOLUTION ESTABLISHING EMPLOYER MATCH TO DEFERRED COMPENSATION FOR RECREATION DIRECTOR WHEREAS, the position of Recreation Director reports directly to the City Manager, and WHEREAS, the position of Recreation Director reports information directly to a commission, and is responsible for making recommendations to the City Council, through the City Manager, for Recreation Department activities, and WHEREAS, it is the recommendation of the City Manager that the position of Recreation Director receive the same employer match to deferred compensation as the division heads under the Public Managers' Association. NOW, THEREFORE, be it resolved that the City Council of the City of Columbia Heights hereby establishes the same employer match for deferred compensation for the position of Recreation Director as the division heads under the Public Managers' Association. BE IT FURTHER RESOLVED THAT SUCH MATCH BE EFFECTIVE January, 2002. Passed this 22nd day of July, 2002. Authorization to purchase administrative vehicle Councilmember Nawrocki spoke against this motion, stating the department already has sixteen cars. Councilmember Williams stated this is for the Police Chief's car replacement, as he was involved in a rear end accident recently. MOTION by Councilmember Szurek, seconded by Councilmember Williams to authorize the purchase of one 2002 Ford Taurus from Superior Ford of Plymouth, Minnesota, with funding to come from the insurance payoff on squad 953 in the amount of $6,090 and the remainder from fund 431 - 42100 -5150 in the amount of $9,551.66, including tax; and to authorize the Mayor and City Manager to enter into a contract for same. Roll call vote: Ayes: Szurek, Williams, Wyckoff, Peterson. Nays: Nawrocki. PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 4610 -4612 Fillmore Street The Mayor closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Mohsen Dessouki Regarding Rental Property at 4610 -4612 Fillmore Street in that the Property Owner has received an extension to complete the work on the outside of the building. City Council Minutes July 22, 2002 Page 7 of 15 Public Hearing called for Revocation/Suspension of Rental Housing License at 4637 -4639 Pierce Street The Mayor closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Russell Waletski Regarding Rental Property at 4637 -4639 Pierce Street in that the Property Owner has received an extension to complete the work on the outside of the building. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution 2002 -48, approving, with conditions, application of AT &T Corporation for Approval of Transfer of Control Steve Guzzetta from the firm of Creighton, Bradley, and Guzzetta, the city's cable attorney, stated that AT & T Corporation has requested transfer of control to AT & T Comcast Corporation. He explained that this matter has been brought before the Telecommunications Commission for their review and approval. Mr. Guzzetta explained that per our agreement (with the conditions) there will be no increase in rates as a result of the transaction, and the city will be reimbursed for legal fees for this transaction. He also stated that the terms of the original agreement with AT & T Corporation do not change. The history of this merger began in December of 2001 when AT & T Corporation entered into an agreement and plan of merger. Under the merger agreement, AT & Broadband Corporation's and Comcast Corporation's respective cable television systems would be combined into a new company incorporated in Pennsylvania as AT & T Comcast Corporation. The proposed transaction requires changes in ultimate ownership and control of the franchise as well as the ultimate parent company. The entity actually holding the cable franchise in the City will not change as a result of the proposed transaction. Ashpaugh and Sculco, CPA's, were asked to analyze the Form 394 and to determine whether AT & T Comcast Corporation possessed the requisite financial, technical, legal, character, and managerial qualifications needed to control the cable franchise held by AT & T Broadband and to determine if the transaction would detrimentally impact services and rates. Their review determined that AT & T Comcast Corporation was not financially qualified to control the local franchise, and the proposed transaction would have a negative impact on the services and rates. AT & T Corporation and Comcast Corporation asked for additional time to provide information to our cable attorneys regarding this transaction. After consideration of additional information by Ashpaugh and Sculco, it was still recommended to deny approval of this merger. At the July 18, 2002, Columbia Heights Telecommunications Commission meeting, members voted (with one member voting against it) to recommend approval (with several conditions) of this transaction. Councilmember Nawrocki stated that he has had discussions with three different cable attorneys from other cities about this transfer of control. He stated that overall, cable companies are in financial trouble; there is no additional equity involved; and the issue of the transfer of existing stock is of concern. Councilmember Nawrocki stated that Ramsey - Washington was discussing this issue the same night as the last Telecom- munications Commission, and he wondered how they voted on this matter. Mr. Guzzetta stated that the resolution in front of the city tonight is virtually the same resolution as approved by Ramsey - Washington. Councilmember Nawrocki wondered what the percentage of the commissions around the country were that were recommending approval of the transfer of control. Mr. Guzzetta stated that he thought Pennsylvania and Ohio have denied the transfer of control. Councilmember Nawrocki stated that that if we don't approve this transfer, we could end up in a lawsuit. He asked for further elaboration on the "conditions ". John Gibbs, attorney for AT & T Corporation, was present and available for questions, along with Kathi Donnelly- Cohen. City Council Minutes July 22, 2002 Page 8 of 15 MOTION by Councilmember Williams, seconded by Councilmember Szurek, to waive the reading of Resolution No. 2002 -48, there being ample copies available to the public. Motion passed unanimously. RESOLUTION NO. 2002 -48 A RESOLUTION GRANTING THE CONSENT OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE AND CABLE TELEVISION SYSTEM FROM AT &T CORPORATION TO AT &T COMCAST CORPORATION WHEREAS, MediaOne of Columbia Heights, Inc., d /b /a AT &T Broadband ( "Franchisee ") holds a franchise (the "Franchise ") to operate a cable television system ( "the System ") in Columbia Heights, Minnesota pursuant to Chapter 11 of the City Code, as amended (the "Franchise Ordinance ") and is an indirect subsidiary of AT &T Corp. ( "AT &T "); WHEREAS, after a series of transfers, Franchisee was approved by Columbia Heights, Minnesota ( "City ") as the Franchise holder, pursuant to prior transfer resolutions (the "Prior Transfer Resolutions "). The Prior Transfer Resolutions, the Franchise, and the Franchise Ordinance, together with any applicable resolutions, codes, ordinances, acceptances, acknowledgments, guarantees, amendments, memoranda of understanding, social contracts and agreements, are collectively referred to as the "Franchise Documents "; and WHEREAS, Franchisee is a wholly -owned subsidiary of AT &T Corp. ( "AT &T "); and WHEREAS, AT &T, the ultimate parent corporation of Franchisee, and Comcast Corporation have agreed to combine AT &T's and Comcast Corporation's respective cable television systems in a new company incorporated in Pennsylvania as AT &T Comcast Corporation (the "Proposed Transaction "); and WHEREAS, under the Proposed Transaction, the Franchisee will continue to hold the Franchise and to operate the System, but Franchisee's ultimate parent company will be different and, consequently, the ultimate ownership of the Franchise will change as well; and WHEREAS, AT &T filed a copy of Federal Communications Commission Form 394, together with certain attached materials with the City on March 5, 2002, which materials more fully describe the proposed merger and which form, with its attachments, contains certain promises, representations and warranties by Franchisee, Comcast Corporation and AT &T Comcast Corporation (the "Transfer Application "); and WHEREAS, Franchisee, and Comcast Corporation, through its Comcast Cable Communications, Inc. subsidiary, provided written responses to some of the data requests issued by the City (the "Data Request Response ") and WHEREAS, Section 11.103(6)(B) of the Franchise Ordinance requires the City's prior consent to a fundamental corporate change, including a merger or a change in Franchisee's parent corporation; and WHEREAS, the City has reviewed the Transfer Application and considered all applicable and relevant factors; and City Council Minutes July 22, 2002 Page 9 of 15 WHEREAS, in reliance upon the representations made by and on behalf of Franchisee, Comcast Corporation, AT &T and AT &T Comcast Corporation, the City is willing to grant its consent to the Proposed Transaction, so long as those representations are complete and accurate; and WHEREAS, the City's approval of the Proposed Transaction is therefore appropriate if the Franchisee will continue to be responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS: Section 1 . The City's consent to, and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise Ordinance, subject to the following conditions: 1.1 Neither the Franchise, nor any control thereof, nor the System, nor any part of the System located in the City's public rights -of -way or on City property, shall be assigned or transferred, in whole or in part, without filing a written application with the City and obtaining the City's prior written approval of such transfer or assignment, but only to the extent required by applicable law. 1.2 The City's approval of the Transfer Application is made without prejudice to, or waiver of, the City's right to fully investigate and consider during any future franchise renewal process: (i) Franchisee's financial, technical, and legal qualifications; (ii) Franchisee's compliance with the Franchise Documents; and (iii) any other lawful, relevant considerations. 1.3 The City's approval of the Transfer Application is made without prejudice to, or waiver of, any right of the City to consider or raise claims based on Franchisee's defaults, any failure to provide reasonable service in light of the community's needs, or any failure to comply with the terms and conditions of the Franchise Documents, or with applicable law. 1.4 The City waives none of its rights with respect to the Franchisee's compliance with the terms, conditions, requirements and obligations set forth in the Franchise Documents and in applicable law. The City's approval of the Transfer Application shall in no way to deemed a representation by City that the Franchisee is in compliance with all of its obligations under the Franchise Documents and applicable law. 1.5 After the Proposed Transaction, Franchisee will be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise Documents and applicable law. The Proposed Transaction will have no effect on these obligations. 1.6 After the Proposed Transaction is consummated, the Franchisee will continue to be responsible for all past acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal to the same extent and in the same manner as before the Proposed Transaction. 1.7 Nothing in this Resolution amends or alters the Franchise Documents or any requirements therein in any way, and all provisions of the Franchise Documents remain in full force and effect and are enforceable in accordance with their terms and with applicable law. City Council Minutes July 22, 2002 Page 10 of 15 1.8 The Proposed Transaction shall not permit Franchisee, or AT &T Comcast Corporation to take any position or exercise any right with respect to the Franchise Documents and the relationship thereby established with the City that could not have been exercised prior to the Proposed Transaction. 1.9 The Franchisee will continue to abide by all terms of the Franchise Documents and applicable law after the Proposed Transaction, and will continue to assume the existing obligations, liabilities and responsibility for all acts and omissions under the Franchise Documents and applicable law, known and unknown, including (but not limited to) all acts and omissions of its predecessors in interest to the same extent as before the Proposed Transaction. 1.10 The City reserves all of its rights with respect to Franchisee's future compliance with the terms, conditions, requirements and obligations set forth in the Franchise Documents. 1.11 The City is not waiving any rights it may have to require franchise fee payments on present and future services delivered by Franchisee via the System. 1.12 The City is not waiving any right it may have related to any open access issue. 1.13 The City's approval of the Proposed Transaction and Transfer Application shall not constitute a waiver or release of any of the rights of the City under the Franchise Documents and applicable law, whether arising before or after the date of consummation of the Proposed Transaction. 1.14 MediaOne Group, Inc., acknowledges that Franchisee will be responsible for performance of the obligations required by the Franchise Ordinance, and MediaOne Group, Inc., further acknowledges its obligations to take no action to prevent Franchisee from fulfilling its aforesaid obligations. 1.15 MediaOne Group, Inc., assures that it will cause to be made available adequate financial resources to allow Franchisee to meet its current obligations under the Franchise Ordinance and enable Franchisee to maintain through 2005 the current operational and customer service levels taken as a whole. 1.16 The Franchisee represents and warrants that the Proposed Transaction and the fact that as a result thereof AT &T Broadband and Comcast Corporation are thereby merged will not result in any increase in subscriber rates; provided, however, that the Franchisee reserves the right to make lawful changes in subscriber rates in the ordinary course of business. Section 2 . If any of the conditions or requirements specified in this Resolution are not satisfied, then the City's consent to, and approval of, the Transfer Application and Proposed Transaction is hereby DENIED and void as of the date hereof. Section 3 . The Franchisee shall reimburse the City in accordance with prior agreements with the Franchisee. The City will present a single invoice to the Franchisee itemizing the costs and expenses incurred. The Franchisee shall remit payment for such costs and expenses within thirty (30) days of its receipt of the invoice. Such payment shall be made directly to the City, and not through payment to any other entity. The Franchisee shall not assert its right to claim that the reimbursement made under this Resolution shall be considered a franchise fee. City Council Minutes July 22, 2002 Page 11 of 15 Section 4 . If any of the oral or written representations made to the City by (i) the Franchisee, (ii) Comcast Corporation (iii) AT &T Comcast Corporation or (iv) any subsidiary or representative of the foregoing prove to be materially incomplete, untrue or inaccurate in any respect, it shall be deemed a material breach of the Franchise Documents and applicable law, including, without limitation, revocation or termination of the Franchise. Section 5 . This Resolution shall not be construed to grant or imply the City Council's consent to any other transfer or assignment of the Franchise or any other transaction that may require the City's consent under the Franchise Ordinance, or applicable law. The City reserves all its rights with regard to any such transactions. Section 6 . This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S.C.§ 537. Section 7 . The transfer of control of the Franchise from AT &T to AT &T Comcast Corporation shall not take effect until the consummation of the Proposed Transaction. Section 8 . This Resolution shall be effectively immediately upon its adoption of the City. Adopted by the Columbia Heights City Council this 22nd day of July, 2002. Passed this 22 day of July, 2002. MOTION by Councilmember Williams, seconded by Councilmember Szurek, to adopt Resolution No. 2002 -48, a Resolution granting the consent of the City of Columbia Heights, Minnesota, to the Transfer of Control of the Cable Television Franchise and Cable Television System from AT &T Corporation to AT & T Comcast Corporation. Motion passed unanimously. There were no bid considerations. OTHER BUSINESS Financial Analysis Professional Services Contract At the City Council meeting of June 24 staff proposed entering into a financial analysis contract with Springsted for review of the city's proposal to purchase property to relocate the City's liquor store(s). Per the request of Councilmember Nawrocki, an alternate bid was sought on this proposal. Tonight, the council has the option to choose between the bid from Ehlers and Associates or Springsted. Finance Director, Bill Elrite, explained that both companies are well qualified and would provide good service to the city. Ehlers and Associates' proposal goes beyond the bid from Springsted, as it covers the evaluation of both the relocation of the Central Avenue and University Avenue stores. Ehlers plans to complete the work in four to six weeks vs. Springsted's plan to complete the work is 8 -10 weeks. Ehlers' proposal range is from $3,500 to $7,500, with an allowance of $3,500 credit to the initial analysis if we utilize them for issuance of debt service. Councilmember Szurek stated our staff is not qualified to do this evaluation. Councilmember Nawrocki stated it was good to get another bid, so we can compare /contrast them. He stated he is not in favor of building new stores. Mayor Peterson stated that $3,500- $7,500 is a small price to pay for this important evaluation to be done. MOTION by Councilmember Szurek, seconded by Councilmember Williams to authorize the Mayor and City Manager to enter into an agreement with Ehlers and Associates based on their proposal to evaluate the City's plan to relocate the City's liquor stores on Central and University Avenues. Roll call vote: Ayes: Szurek, Williams, Peterson. Nays: Nawrocki, Wyckoff City Council Minutes July 22, 2002 Page 12 of 15 Purchase of Property for Central Avenue Liquor Store In September of 2001, the city entered into an agreement with TGS Partnership to research and locate possible properties for a new liquor store location on Central Avenue and University Avenue. In reviewing results of their search, the only real feasible alternative is on Central Avenue (Savers's building). It was explained that by making a contingency offer for the Hollywood Video /Savers Central Avenue property, it would give the city up to 90 days to decide. With the contingencies included, the city could withdraw at any point during the contingency timeframe. The current liquor store location on Central Avenue has about a two -plus year lease left. Lee Stauch, 1155 Kyber Lane, spoke against the purchase of this property. He stated that the city is getting the most revenue from the University Avenue store. Mr. Stauch stated that he did not feel that taxpayers would vote for the 49 and Central Avenue location, as it is so close to the schools. The city would need to raise taxes to pay for a new building /location. As we are in a recession, he stated the city needs to look at how financially burdensome this purchase could be. He figured that $350,00 in principal and interest would be needed to pay for a new building for twenty years. Mr. Stauch reported on some financial information he had obtained from the city about the revenues of the past five years. Both the University and Central Avenue stores have been quite profitable. Mr. Elrite, Finance Director, stated that the bond debt service payment for principal and interest for the new proposed Central Avenue property is less than we pay for rent and taxes now at the current Central Avenue location. It was also stated that MGM Liquor is going into the Hilltop strip mall on Central Avenue. Teresa Sposito, 1015 Peters Place, stated she felt that it was an inappropriate place for a liquor store on Central Avenue and 49 Avenue N.E. because of the closeness to the schools. Diane Egli, 1036 Gould Avenue N.E., also stated she felt it was a poor location and didn't want to see Savers pushed out of that location. The Finance Director was asked how many times the liquor stores have been sued and how this situation is covered. The Finance Director stated that once 10 -15 years ago, there was a case of the sale of liquor to an intoxicated person that was later dropped. Mr. Elrite stated the city has dram insurance for these types of claims. Larry Scott, Liquor Operations Manager, was available for questions and comments. He stated that he is proud of the municipal liquor stores and how they operate. He reiterated some of the policies that are in effect: minors are not allowed in municipal liquor stores unless they are accompanied by a parent or guardian; no consumption is allowed on premises; and that carding is done on anyone 30 years old or less and if someone is underage, they are asked to leave. Mr. Scott further stated that his employees take special training, and they do not sell to persons who appear under the influence of alcohol or mind - altering substances. Deb Johnson, 4638 Pierce Street, inquired how an intoxicated person in the store is handled. When asked if the city would do any landscaping around the building if purchased, Mr. Scott stated fencing and /or shrubs could be installed to shield the property. It was questioned why the city would want to get rid of Savers. The question was asked if the city has an ordinance on the books that states that a liquor store must be in excess of so many feet of a public school. The City Manager stated he believed it was 300 feet from door to door. It was also questioned if liquor stores had to be a particular number of feet away from a residential area zoned R -1. It was explained that if the City Council is not receptive to the results and evaluation of the financial feasibility of this location, we can withdraw from the contingent offer and get our promissory note back. City Council Minutes July 22, 2002 Page 13 of 15 The list of contingencies for the offer for the Central Avenue property were read for the public by Council - member Nawrocki. They are: 1. Acceptance by Savers to give up 4,000 square feet to allow retail and storage space for liquor store of 12,000 feet. 2. Acceptance by Hollywood Video to find space elsewhere or to move into a new building to be erected on the corner pad space at 49 and Central. 3. Up to a 90 day window to satisfy the above contingencies. 4. The evaluation of leases, relocation costs, and other information provided by owner will result in a project that is financially feasible for the City of Columbia Heights. MOTION by Councilmember Szurek, seconded by Councilmember Williams, to authorize the Mayor and City Manager to enter into a contingency offer for the Central Avenue property based on the contingencies listed on the attached document. Roll call vote: Ayes: Szurek, Williams, Peterson. Nays: Nawrocki, Wyckoff Motion passed. Request for preliminary and final plat approval of Parkside Village, a 25 unit owner - occupied townhome subdivision on 51 st Avenue. City Planner Tim Johnson stated that in 1998, a senior housing facility for this site was proposed, but the project never evolved. At this time, the owner, Bruce Nedegaard, is proposing to build a 25 unit owner - occupied townhome subdivision on 2.4 acres, split off from the St. Timothy's Lutheran Church property. The church recently decided to sell the property to Bruce Nedegaard for townhome development. Mr. Johnson reviewed details of the plans for Parkside Village, covering such items as pathways, additional visitor parking added, parking space available in driveways, garage space for each unit, overflow parking on 51 Avenue, park dedication, and estimate of improvements. Park dedication fees will be used to improve Sullivan Lake. Mr. Johnson also stated the project meets zoning and comprehensive plan requirements. With Sullivan Lake and trails nearby, it is a very desirable location for this project. The Planning and Zoning Commission reviewed the proposal on July 9, 2002, and recommends council approval of the preliminary and final plat subject to certain conditions. One of the conditions is that the developer will be required to make a connection on the north side of the development to the Medtronic walking pathway that connects to the Sullivan Lake pathway. Councilmember Nawrocki asked the Public Works Director, Kevin Hansen, whether or not the revised plans as presented this evening covered all public works requirements. Mr. Hansen stated that they did. It was also questioned who will maintain the fences along the park and north side of the property, and who will be responsible for the streets, storm sewer (privately owned), and water /sanitary sewer development (publicly owned). Councilmember Nawrocki still felt more parking needed to be available. Reference was made to the Sullivan Shores unit and parking layout. The architect (John Feges, ESG Architects) was present and had an architect's rendering of the project available to show the council. MOTION by Councilmember Williams, seconded by Councilmember Szurek, to approve the preliminary and final plat for Parkside Village, as the proposal is consistent with the City Subdivision Ordinance, and is consistent with the City Comprehensive Plan. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Szurek, to approve the preliminary and final plat for Parkside Village, and all that identified on the plat submitted at 825 51st Avenue NE, subject to the following conditions: City Council Minutes July 22, 2002 Page 14 of 15 1) City Engineer review and approval of Final Plat, and any changes deemed necessary. 2) Park dedication fees of $750.00 per unit, and that such fees be used to improve Sullivan Lake Park. 3) Fire Department review and approval of Final Plat, and any changes deemed necessary. 4) Development Agreement defining requirements and responsibilities of City and Developer. 5) Developer required to make a trail connection to the Medtronic and Sullivan Lake pathways. Motion passed unanimously. ADMINISTRATIVE REPORTS The City Manager reported the upcoming work session items earlier in this meeting. The public was again invited to the Police /Fire Appreciation Dance on July 26, 2002, at Murzyn Hall from 7:30 -10 p.m. The City Attorney had nothing to report. GENERAL COUNCIL COMMUNICATIONS The minutes of the following boards /commissions were received: the July 9 th Planning and Zoning Commission meeting; the June 18 Economic Development Authority meeting; the May 23 Charter Commission special meeting; and the April 16 Housing and Redevelopment Authority meeting. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Diane Egli, 1036 Gould Avenue N.E., spoke about a problem she is having with a neighbor planting vegetable plants on her property and also wanting to take her handicapped permit from her. The City Manager was instructed to provide the phone number for Mediation Services for Ms. Egli. The Mayor suggested she contact them for assistance in resolving this problem with her neighbor. Diana Arne, a Top Valu Liquor Store employee, spoke about the responsible and trained staff at the municipal liquor stores. Teresa Sposito, 1015 Peters Place, stated the neighboring apartment building next to her either needs additional dumpsters for garbage or an additional pick up. She had pictures for the council to view. Motion by Councilmember Nawrocki, seconded by Councilmember Wyckoff that the City Manager be directed to review this situation, take corrective action, advise the resident, and report back to the City Council. Motion passed unanimously. COUNCIL CORNER Councilmember Nawrocki: • expressed approval of the Police Department's actions at Murzyn Hall in the early hours of Saturday morning during a wedding reception. • asked if the water at Sullivan Lake should be aerated; item to be referred to the Park and Recreation Commission. • noticed signs were taken down around Sullivan Lake (51 -53 that no bikes are allowed; item to be referred to the Park and Recreation Commission. • asked if letters were sent to all property owners that were affected by the emergency ordinance passed at the last council meeting. City Council Minutes July 22, 2002 Page 15 of 15 • stated that the list of candidates who filed for office was not in the green sheet or on cable and requested that information. Linda Magee had that information with her and informed Councilmember Nawrocki of the names of the candidates. • requested that agendas for all boards /commissions be placed on cable. • requested that the list of candidates for office be placed on cable TV. • stated, "Practice what you preach ". Councilmember Wyckoff: • reiterated the statements of Councilmember Nawrocki that the Police Department did a great job at Murzyn Hall this past weekend. • stated she had attended a Three Rivers Project meeting at the Salvation Army Camp. She reported the camp will be there until September of this year or later. She talked about the Indian mounds from the 1800's located in the camp. reported the Columbia Heights Historical Society will be meeting at 7 p.m. Thursday at the Library. Councilmember Szurek: stated that a talk show was giving a different account of what exactly had happened at Murzyn Hall over the weekend, and that after reading the police reports, she wanted to express praise for the Police Department and their actions. stated she is excited about the 51 Avenue Project going ahead. Councilmember Williams: expressed approval of the housing project just approved for 51 Avenue. stated, "Not all those who wander are looking behind the cloud —the sun is still shining." stated, "It takes all sorts to make a world." Mayor Peterson: • expressed support to the Police Chief and Police Captain and the City Manager for the manner in which things were handled at Murzyn Hall over the weekend. He noted that Channel 5 changed their original reporting of the incident after they received and read the police reports. • urged residents to attend the Police /Fire Recognition Event on Friday, July 26 at Murzyn Hall. • Stated, "Don't take ourselves seriously; enjoy life; do a random act of kindness; and love your neighbor." ADJOURNMENT The meeting adjourned at 10:14 p.m. Carole J. Blowers, Secretary Pro Tern