HomeMy WebLinkAboutJune 25, 1990OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
JUNE 25, 1990
The meeting was called to order by Mayor Carlson at 7:10 p.m..
~. R~LL CALL
Nawrockl, Clerkln, Ruettimann, Peterson, Carlson - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were considered on the Consent Agenda:
Approval of Heetln9 Minutes
ine Council approved the minutes of the June 18, 1990 Public Improvement Hearing
as presented and there were no corrections.
Annual Kiddie Parade - qth of July - Columbia Heights Jaycees
The Council authorized the Police Department to issue a parade permit to the
Columbia Heights daycees for the Annual Fourth of duly Kiddie Parade to be held
on Wednesday, July 4, 1990, at 2:00 p.m. and the parade will occur on such
streets as indicated in the City Council letter dated June 20, 1990.
Change Order to Municipal pro~ect #8909 - Tank Removal at Pump Station #3
The Councli authorized Change Order #8909-3 in an amount of $130.12 and
authorized the funds to be transferred from line item 6Ol-qgq30-3050 to cover
the expense and also authorized the Mayor and City Manager to enter into an
agreement for the same.
Request from City of Fridle~ Deali~9 with Upgra~.in~ of Median at 53rd and
Central Avenues
The Council reaffirmed its decision of February 26, 1990 to participate with
the City of Fridley and HnDOT to upgrade the median located at 53rd Avenue
and Central Avenue to include interlocking red brick at a present estimated
cost of $6,138.29.
Conference Request - International Association of Fire Chiefs
The Council approved the attendance of Charles Kewatt, Fire Chief, at the Inter-
national 'Association of Fire Chiefs Annual Conference to be held in Orlando,
Florida from August 18 - 22, 1990 and authorized that related expenses be reim-
bursed.
Approval of License Applications.
The Council approved the 1990 license applications as listed upon payment of
proper fees.
4. APPROVAL OF CONSENT AGENDA
Hotion by Nawrocki, second by Clerkin to approve the Consent Agenda as pre-
sented. Roll call: AI1 ayes
APPROVAL OF MEETING MINUTES OF JUNE 11, 1990
£ouncilmember Nawrock,i requested 'She following corrections to the minutes of the
June 11, 1990 Regular Council Meeting be made:
meg,,~r Council Meeting
June 25, 1990
page 2
page 17; Establish Rates Charged to Residents for Weed Cutting Charges: This
motion should include that these rates are for the year 1990.
page 17; Authorization to Seek Bids: It should be stated that these bids are
for watermain cleaning and pipe installation.
page 18; Appointment of Acting City Manager: This Council has designated Stuart
Anderson, Police Chief, as Acting City Manager should be included in the comments.
Motion by Nawrocki, second by Ruettimann to accept the corrections to the June ll,
1990 minutes and they be approved. Roll call: All ayes
5. OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
Mayor Carlson had been contacted by the resident of 4344 Second Street regarding
a discount on utility bills for handicapped people. The Mayor recommended this
matter be discussed at a Council work session. Councilmember Nawrocki observed
that this matter had been discussed by previous councils and it was decided
not to grant a discount on that basis.
The resident at 4044 Maureen Drive advised the Council that the weeds and tall
grass along Highway #47 had not been cut but once between 37th and 44th Avenues
this season. He felt the staff should look into this matter as the growth is
very bothersome. He noted that between 44th and 53rd Avenues they had been cut
four times this year.
Roger Leitschuh, 577 38th Avenue, expressed his concerns regarding redevelopment
in his area and the condition of 38th Avenue. He noted that redevelopment had
been discussed for a long time and the area residents are still in limbo as to
what will be happening in the future. Mr. Leitschuh also expressed his reser-
vations about a rezoning (from R-3 to R-2) being considered. He felt a moratorium
be placed on this rezoning until all of the area has been cleaned up. He referred
to a neighboring foundry and its disposal of waste which appears to be hazardous.
CounciImember Nawrocki responded that 38th Avenue had been proposed for recon-
struction but the property owners in the area had been opposed to this project.
He recommended Mr. Leitschuh circulate a petition in his area requesting the
Council to reconsider this project.
Councilmember Paterson recalled that this foundry had been investigated and that
the material it was dumping on its property proved to be non-hazardous but the
owners were directed to cease the dumping.
Motion by Nawrocki, second by Peterson that the City Manager be directed to review
the possibilities of a temporary non-allowance of multiple buidlings on 38th Avenue
until the matter of rezoning has gone through the process and the City Manager
be directed to investigate the matter of hazardous conditions referred to by Mr.
Leitschuh. Roll call: All ayes
PLAQUE PRESENTATION
Mayor Carlson presented a plaque'to LeRoy Goranson in appreciation for the eight
years he has served as the City's Building Inspector. Mr. Goranson is retiring.
Doug Hill, a resident, also presented a certificate of.apprec|ation to Mr. Geranson
in recognition of his service to him and to the City. Other residents were in
attendance to express their appreciation to Roy Goranson.
- . ........ :1 Meeting
,~,,~- 25, 1990
pag~ .~
f~ayor Carlson read a plaque in recognition of the service of Jerrold Kobs who
had served on the Traffic COmmission until his death In the winter. The plaque
will be presented to his widow.
~ayor Car!son read a letter of appreciation to Oan Lowe, who represented the City
in the recent Mayor's Challenge Swim-a-Cross sponsored by the Anoka County Branch
of the ~merican Red Cross.
6. PUBLIC HEARINGS~ ORDINANCES AND RESOLUTIONS
a. Second Reading of Ordinance No. 1202; Being an Ordinance Amending Ordinance
No. 853, City Code of 1977, Renewing the Franchise for a Term of Fifteen Years
and Altering Certain Franchise Requirements
Tom Crelghton, the City's legal counsel on cable matters, briefly reviewed the
ordinance. It was noted that It would not require another second reading as there
were no major changes merely those changes required to adopt the ordinance form
used by the City.
Councilmember Nawrocki, recognizing that the legal counsel had gotte~ t~e ~est
that could be gotten, stated hls intention to not vote for the ordinance. His
reason was he is not satisfied with the fashion in which the franchise has
developed.
Motion by Nawrocki, second by Peterson to waive the reading of the ordinance
there being ample copies available to the public. Roll call: All ayes
ORDINANCE NO. 1202
AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, TO RENEW THE FRANCHISE FOR A
TERM OF FIFTEEN (15) YEARS AND ALTERING CERTAIN FRANCHISE REQUIREMENTS
THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN:
Section 1: Section 11.102(2) of the City Code of 1977, which section was passed
on November 9, 1981, is amended as follows:
11.103 (2) Duration
The franchise shall commence on the effec, tive date of thls ordinance
and shall continue for a period through and includlng November 9,
2006, unless sooner terminated as provlded in this code.
Section 2: Section 11.103 (3) of the City Code of 1977, which section was passed
on November 9, 1981, is amended as follows:
i1.103 (3) Non-Exclusive Grant
Nothing in this ordinance shall affect the right of the City to
grant to any other person a franchise or' right to occupy and use
the streets or any part thereof for the construction, operation
and maintenance of a.System within the City, subject to State
and Federal law. The &rantee shall not take a legal position con-
testing, or otherwise contest in any manner, the City's right or
decision to grant such other franchise or to authorize such use
of the streets or any part thereof. Nothing contained in the
Heaular Council Meeting
June 25, 1990
page 4
subdivision shall prohibit the Grantee from appearing and being
heard on any application.for the grant of such franchise or
right.
Section 3: Section 11.103 (5) of the City Code of 1977, which section was
passed on November 9, 1981, is amended as follows:
11.103 (5) Written Notice
All notices, reports and demands required to be in writing pursuant
to this franchise shall be deemed to be ~iven when delivered per-
sonally to any office of Grantee or the City Manager of Columbia
Heights or forty"eight (48) hours after it is deposited in the
U.S. Mail as registered or certified mail, addressed to the party
to which notice is being given, as follows:
If to City:
City Manager
City of Columbia Heights
590 40th Avenue Northeast
Columbia Heights, Minnesota
55421
If to Grantee:
Cable T.V. North Central
934 Woodhill Drive
Roseville, Minnesota 55113
Attention: Vice President and General Manager
Section 4: Section ll.103 (151 (C) of the City Code of 1977, which section was
passed on November 9, 1981, is amended as follows:
'11.103 (151 (C)
Grantee may apply for renewal of this franchise by making application
to do so not later than twelve months prior to the exp'iration of the
franchise. Said application shall be on forms provided by the City.
If application for renewal is not made as herein set forth the
franchise shall terminate at the end of the franchise period. Any
renewal of the franchise shall not be for more than 15 years.
Section 5: Section 11.105 (11 of the City Code of 1977, which section was passed
on November 9, 1981, and amended on May 27, 1986, is amended as follows:
11.105 (I) System Design
(a)
The Grantee shall provide a system serviced by the headend in the
City of Roseville feeding a single-cable subscriber network and
a separate mid-split institutional network. Both networks shall
utilize 440 MHz equipment, fully activated for two-way trans-
mission.
The extension from the headend in Roseville shall utilize fiber
optic technology, construction of which shall be commenced on
or before June 1,'199l, and completed no later than November 1,
1992.
, ~ ,,.-, ,_r,unci] Meeting
J,,ne 2~. !qclo
page 5
Section 6:
Section 7:
The headend used to service City shall be constructed, operated
and maintained with t.he following equipment:
Scientific-Atlantic Model
6650 Video Receivers
Scientific-Atlantic Model
6350 Modulators
Scientific-Atlantic Model
6150 and 6105PL Signal Processors
ONAN Standby/Emergency Generator
(bi
On or before November 1, 2OO1, the Grantee shall have completed
the refurbishing of the cable trunk distribution system to the
best available technology which is economically and technically
feasible at the time of the commencement of construction. On or
before January !, 1996, the City may require Grantee to provide
a preliminary report on the best available technology which is
economically and technically feasible which Grantee may use
to refurbish the cable distribution system in the furture. On
or after January 1, 1998, the City may require the Grantee to
provide a report of the best available technology which is
economically and technically feasible which Grantee intends
to use to refurbish the cable trunk distribution syStem within
the City.
Section 11.105 (181 of the City Code of 1977, which section was
passed on November 9, 1981, is amended as follows:
'11.105 (18) Channel Capacity
The Grantee shall construct the subscriber network so that 58 down-
stream channels and the equivalent of 4 upstream channels are activated
upon the effective date of this amendment to the Code.
Section 11.106 of the City Code of 1977, which section was passed
on November 9, 1981, and amended on May-27, 1986, is amended as
fol)ows:
11.106 System Service
Delete the following text:
The Grantee shall provide as a minumum those services proposed in
Grantee's application, as shown in the "Summary of Services as
Allocated to Channels" which is attached hereto as Exhibit D;
and "Summary of F.M. and Audio Services" which is attached hereto
as Exhibit E and incorporated by reference.
Notwithstanding the preceding provision,
Leaving the following text:
7,~.~.,;-~r Counc11 I~eetln9
,bm,=. 25, !~90
page 6
Any vacant channels or under-utllized channels shall be programmed
with available non-duplicated autio-vldeo satellite programmi,ng
selected at the sole discretion of Grantee. For the purpose of this
paragraph, under-utilized channels means those chaane]s without
programming for eighteen (18) or more hours a day, seven (7) days
a week, other than public, educatlona] and governmental access
channe I s, One-ha 1 f of these channe I s sha I i be prog rammed w I th ava i I ab le
non-duplicated audio-video, satellite programming on or before the
effective date of this Ordinance. The remaining channels shall be
filled with non-duplicated audio-video programming at the tlme of
acceptance of this ordinance.
Section 8: Section 11.106 (1)(A) of the City Code of 1977,.which section was
passed on November 9, 1981, is amended as follows:
11.106 (1) (A) Minimum Channel Services
(A) Local Orl~inatlon
The Grantee shall cablecast a mlnimum of qO hours per week of
programming, of which at 1east 20 hours per week shall be pro-
duced locally. The Grantee shall provide two full-time staff
members for its local origination effort, and wlii provide
a two-camera color studio with editing facility, and a master
control facility. 'All facilltles w111 be available for access
at times determined in the operating.rules to be developed by
Grantee and the City or its designate.
Section 9:
Section 11.106 of the City Code of 1977, which section was passed
on November 9, 1981, is amended by adding the following new sub-
divisions:
11.106 (4) Stereo on Channels
On or before July 1, 1991, Grantee will commence the introduction of
MT5 stereo service on those video services capable of stereo trans-
mission to the subscribers' t.v. set~ for those subscribers's t.v.
sets capable of receiving such service. On or before duly 1, 1993,
Grantee shall provide MTS stereo service on all such services capable
of transmitting in stereo.
11.106 (5) Automatic Audio Volume Control
Grantee shall commence the provision of automatic audio control of
all video program channels on or before December 1, 1991.
Section 10: Section 11.107 of the City Code of 1977, which section was passed on
November 9, 1981. and amended on Nay 27, 1986, Is amended as follows.:
!1.107 Video Production Facilities, Staff and Budgets for Access
Programming Ninimum Faci'li"ties
The Grantee shall mak~ readily available for public use at the least
the mlnlmal equlpment necessary for the production of.programming and
playback of prerecorded programs for the speclally designated noncommerclal
~ ....~,' Councll Heetlng
Ou~s Z$ ~990
public access channel. The Grantee shall also make readily available,
upon need being shown the minimum equipment necessary to make it
possible to record programs at remote locations with batter operated
portable equipment. Grantee shall provide local programming equipment
and facillties set forth in Exhibit B attached hereto and made a part
hereof. Need shall be determined by subscriber petition. The petition
must contain the signature of at least IO percent of the subscribers
of the system, but in no case more than 500 nor fewer than 100 signatures.
The Grantee shall make available to access users the two-camera color
studio with editing facility and the master control as.described in
Section 11.106(1)(A) at 'times determined in the operating rules to be
developed by the Grantee and the'City or Its designate.
Notwithstanding anything to t. he contrary, Grantee shall be responsible,
at its own expense, for maintaining, repairing, adjusting, and replacLng
all equipment as set forth in Exhibit B, or any replacements thereto
added by Grantee, to ensure that it is kept in good working order.
Capita1 expenditures of no less than $70,000 for. replacement of local
programming equipment shall be made by Grantee during the term of this
franchise. Grantee is hereby relieved of the requirement to have a
mobile production van exclusively for access users in the City. A
mobile production van shall be available, however, for public access
user upon thirty (30) days advance written request.
Minimum Staff
The Grantee shall provide a minimum of at least two full-time staff
persons for facilitating access programming. Staff'assistance for training
for access producers will be provided at no charge.
Delete the following text:
Rates for non-commercial use of the facilities and training shall be
set forth in Exhibit F and incorporated by reference.
Section 11: Section 11.109 (~) of the City Code of 1977, which section was passed
on Hay 27, .1986, is amended as follows:
11.109 (q) Non-Regulated Rates
Prior to implementing any rate increase for any service not subject
to local rate regulation, other than pay-per-channel or pay-per-view
channels, Grantee shall give the following notice:
(Al
At 1east forty-five (~5) days advance written notice to City
together with such supporting documentation as Grantee in its
sole discretion determines appropriate;
(c)
At least thirty (30) days advance written notice to subscribers
of that service; and
Carriage of an announcement of the rate increase on one channel
twenty-four (2q) hours a day for seven (7) consecutive days.
This announcement may be in the form of a crawl across a portion
of the television picture.
Re~!,:,ar Council Meeting
Ju.~ ?5, 1~90
page 8
Section 12a: Section !1.113 (4) of the City Code of !g77, which section was
passed on November 9, 1981, and amended on May 27, 1986, is
repealed in its entirety. The section to be repealed is as follows:
11.113 (4) Bonds
Delete the following text:
(Al At the time the franchise becomes effective, the Grantee shall
file with the City Manager, and shall ma intaln during the con-
struction period of the System, and until Grantee has liquidated
all of its obligations with the Ci:ty, the foliowleg bonds:
(i)
A labor .and materlal payment bond in the sum of $1,O00,O00
guaranteeing payment by the Grantee of. claims, 1lens and
taxes due to the City which arise by reason of the construction,
operation or maintenance of the Cable Communications system.
A faithful performance bond running to'the'City in the penal
sum of $1,000,O00 conditioned upon the faithful performance
of Grantee of all. the terms and conditions of the ordinance
and upon further-condition that, in the event the'Grantee shall
fail to comply with any law, ordinance,, rule or ~egulation
governing this franchise, there shall be recoverable jointly
and severally from the principal and surety of the'bond
any damage or loss suffered by the City as a result, including
the full amount of any compensation, Indemnification or cost
of the removal or abandonment of property of the Grantee,
plus costs and reasonable attorney's fees up to the full
amount of the bond. The rights reserved by the city with
respect to the bond are in addition to all other rights
the City may have under the franchise or any other law.
(B) Following the completion of all construction contemplated by
this franchise, the City may require the Grantee to file with
the City Manager and to maintain throughout the terms of this
franchise, the bonds up to the amounts listed below:
(1)
A labor and material payment bond in the sum of $500,000
guaranteeing payment by the Grantee of claims, liens and
taxes due to the City which arlse by reason of the construc-
tion, operation or maintenance of the Cable Communications
System.
(2)
A faithful performance bond running to the City in the penal
sum of $500,000 conditioned upon the faithful performance
of the Grantee of all. the terms and conditions of the ordi-
nance and upon the further condition that in the event the
Grantee shall fail to comply with any law, ordinance, rule
or regulation governing the franchise, there shall be
recoverable jointly and severally from the principal and
surety of the bond any damage or loss suffered by the City
as a result,. Including the full amount of .any compensation,
indemnification, or cost of removal or abandonment of property
of the Grantee plus costs and reasonable attorney's fees up
to the full amount of the bond~
,hln~ ?~
paae 9
~,,ncel Meeting
(C) The rights reserved by the City with respect to the bond are
in addition to all other rights the City may have under the
franchise or any other law.
(D) The bonds shall be subject to the approval of the City and shall
be in full force and effect at al1 times until the Grantee has
liquidated ali of its obligation with the City.
(E) The bonds shall contain the following endorsement:
~'lt is hereby understood and agreed that this bond may not be
cancelled until 120 days after receipt by the City Manager,
by registered mail, return receipt requested, of a written
notice of intent to cancel or not to renew.~
(F) Upon the completion of construction pursuant to Section
hereof the Grantee may:
(1) Extinguish the labor and material payment bond descri, bed
in paragraph (B)(2) above; and
(2) Reduce the faithful performance bond described in paragraph
(B)(2) above to the penal sum of $100,000.
Section 12b: And further section 11.113(4) of the City Code of 1977, which section
was passed on November 9, 1981, amended on May 27, 1986, and repealed
in its entirety herein, is amended as follows:
1 1.113 (4) Bonds
(A) Grantee shall provide a faithful performance bond running to the
City in the penal sum of $25,000 conditioned upon the falthful
performance of the Grantee of all the terms and conditions of the
ordinance and upon the further condition that in the event the
Grantee shall fall to comply with any law, ordinance, rule or
regulation governing the franchise, there shall be recoverable
jointly and severally from the principal and surety of the bond
any damages or loss suffered by the City as a result, including
the full amount of any compensation, Indemnification, or cost of
removal or abandonment of property of the Grantee plus costs and
reasonable attorney's fees up to the full amount of the bond.
(B) In addition to the bond requirement in (A) above, at such time as
the Grantee commences the rebuild and upgrade pursuant to Section
11.105(t)(b) of the Code, the Grantee shall file with the City a
labor and material bond in the sum of $250,000, guaranteeing pay-
ment by the Grantee of claims, l|ens, and taxes due to the City
which arise by reason of the rebuild and upgrade construction. At
such time as Grantee has accomplished the refurbishing pursuant to
Section 11.105 (i)(b), Grantee shall notify the City. Upon receipt
of such notice, the City shall have ninety (90) days to obtain and
receive a written report from an independent engineer; provided,
however, if the City fails to receive such a written report within
ninety (90) days, the construction'shall be deemed complete. The
Grantee may extinguish the labor and material bond u'pon a deter-
mination by the City or under this section of the Code that con-
struction is complete.
Regular Council Meeting
~l,,n~ 25, 1990
page 10
(C) The rights reserved by the City with respect to the bonds are
in addition to all other rights the City may have under this
Code or any other law.
(D) The bonds shall be subject to the approval of the City and shall
be in full force and effect at all times until the Grantee has
liquidated all of its obligation with the City.
(El The bonds shall contain the following endorsement:
"It is hereby understood and agreed that this bond may not
be cancelled uqtil 120 days after receipt by the City Manager,
by certified mail, return receipt requested, of a written
notice of intent to cancel or not to renew.
Section 13: Section il.l14(F) of the City Code of 1977, which section was passed
on November 9, 1981, is amended as follows:
ll.ll4(F)
Section 14:
Grantee shall maintain the system in conformance with this Code
and all applicable codes and shall handle service complaints
consistent with this Code and industry practice.
Section 11,115(E)(3) of the City Code of 1977, which section was
passed on November 9, 1981, and amended May 27, 1986, is amended
as follows:
ll.ll5(E) (3)
Section 15:
The consolidation described in (2) above shall be reviewed by City
upon system-wide outages exceeding twenty-four (24) hours per any
twelve (12) month period, as determined by City.
Section 11.117(3) of the City Code of 1977, which section was passed
on November 9, 198l, is amended as follows:
11.117(3) Grantee Will Not Contest Va)idity of Franchise
Section 16:
Grantee agrees that it will not set up against City in any claim or
proceeding, except as provided by State or Federal law, any condition
or term of the franchise as unreasonable, arbitrary, void or that
City had no power or authority to make such term or condition, but
shall be required to accept the validity of the terms and conditions
of the franchise in their entirety.
Section 11.118(3) of the City Code of 1977, which section was passed
on November 9, 1981, is amended as follows:
11.118(3)
The franchise ordinance, or any amendments hereto, shall be in full
force and effect thiFty-one (31) days after its passage provided
Grantee accepts the franchise, or any amendments hereto, within
thirty (30) days of passage. Upon acceptance, Grantee shall be bound
,':j ..... ~'m,nci 1 Meeting
June ~S ~ aqo
oaae I 1
Section 17:
Section 18:
Section 19:
Section 20:
by all of the terms and conditions contained herein. Grantee shall
continue to provide at a minimum all facilities and equipment and
al1 broad categories of services provided on the effective date of
this amentrnent to the Code except to the extent they are not subject
to regulation by the City under State or Federal law or upon the
mutual consent of, the City and Grantee. Grantee shall provide one
cable outlet and non-premium monthlyservice at no charge to City
governmental institutions and educational institutions. Any ad-
ditional outlets shall be installed on a "time and materials"
basis to be paid by the governmental institutions or educational
institutions. The repeal of Exhibits B-G to the initial franchise
does not constitute a waiver of any rights of elther the City or
Grantee.
Section 11.102(13) of the City Code of.1977, which section was passed
on November 9, 1981, is repealed in its entirety. The section to be
repealed is as follows:
11.102(13)
"Grantee's proposal" means that certain document dated Hay 6, 1981,
entitled, "Application for Cable Communications System Franchise
for the Cities of Columbia Heights and Hilltop, Minnesota", consisting
of three bound volumes and a letter of clarification dated July 9,
1981, which were signed by Grantee and are on file with the City
Clerk.
Section 11.105(9)(D) of the City Code of 1977, which section was
passed on November 9, 1981, is repealed in its entirety. The section
to be repealed is as follows:
(D)
Grantee's construction practices shall conform to those
practices set forth in the "CATV" Cable Construction Manual"
appended to Form H of Grantee's proposal dated May 6, 1981.
Exhrbits B,C,D,E,F, and G of Ordinance No. 982, which revised ordi-
nance No. 853 of the City Code of 1977, which ordinance waa passed
on November 9, 1981, are repealed in their entirety. The Exhibits
to be repealed are attached hereto as Exhibit C to this ordinance
and made a part hereof.
Section 11.118(q) of the City Code of 1977, which section was.passed
on November 9, 1981, is amended to delete'reference to the repealed
Exhibits. The language to be deleted from Section 11.118(q) is as
follows:
11.118(4)
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit G:
Construction Schedule
.Construction Schedule Map
'Summary of Services as Allocated to Channels
Summary of FM and Audio Services
September 18, 1981, letter from Teleprompter
regarding Video Production Facilities, Staff
Regular Council Meeting
J,,~e 25, 1990
page 12
and Budgets for Access Programming
Section 21:
This ordinance shall be in full force and effect thirty-one (31)
days after its passage provided Grantee accepts this, ordinance
within thirty (30) days'after its passage, in form and substance
acceptable to City. Upon acceptance, Grantee shall be bound by
all of the terms and conditions contained herein.
First reading:
Second reading:
Offered by:
Seconded by:
Roll call:
.June 11, 1990
June 25, 1990
Ruettimann
Paterson
C]erkin, Ruettimann, Paterson, Carlson - aye
Nawrocki - nay
Date of Passage: June 25, 1990
I~ayor Edward M. Cajrlson
Jo-Anne Student, Council Secretary
b. Continuation of Public Hearing of May 14, 1990 and June 11, 1990 for Purpose
of Considering the Invocation by North Central Cable Communications
The City Manager referred to the letter received today from the cable company's
legal counsel which indicated the company has agreed to withdraw its modification
petition which was scheduled for this hearing. The City Manager advised that the
hearing is no longer necessary.
flotion by Carlson, second by Clerkin to receive and place on file the letter
dated June 25, 1990 from Lee Sheehy, legal counsel for North Central Cable
TV to Thomas Creighton, legal counsel for the City's Cable Commission.
Roll call: All ayes
7. COMHUNICATIONS
a. Lotsplit - Helen Gallus, 4025 Stinson Boulevard
Councilmember Clerkin inquired if anything had changed since this lotsplit
request had been denied last year. The City Hanager stated that nothing had
changed and that the Council felt the odd-shaped lot would not meet the
spirit of the Ordinance.
Jeff Johnson, legal counsel for a property owner of adjoining property to q025
Stinson Boulevard, felt this lotsplit would be in direct contradiction to the
goal and intent of the ordinance. Philip Carlson, a Senior Planner, advised
that the lotsplit would not allow orderly development in the area. He pre-
sented letters, maps and an aerial photo which addressed his position. He
;t~tcd that if a structure were to be placed on the front portion of the lot
itt would not be compatable nor consistent with others in the area. If it were
placed on that portion of the lot which sits back from the front it would
only be afforded a 5q foot width which would not comply with orderly develop-
ment either.
Residents in the area stated thei~ concerns regarding this proposed lotsplit.
It was noted that they felt this was a unique area and careful consideration
must be given to situations which could develop if owners of other properties
which are quite large in area should decide to sell their property.
· -~-,,~r council Meeting
!,,r,. ~ ~990
paae 13
Councilmember Nawrocki felt there was sufficient ambiguity in the technical
portion of the ordinance to accept staff's recommendation and Mr. Johnson's
suggestion to deny the lotspllt request. He referred to the general platting
po;-tion of the ordinance noting that it sets up the criteria for a lotsplit
but does not necessarily mandate a lotsplit. Me also felt there was no evidence
of an existing hardship.
Motion by Nawrocki,.second by Ruettimann to deny the lotsplit request for 4025
gt~sen Boulevard.
The City Attorney suggested that Findings of Fact be included in the motion
to deny. Councilmember Nawrocki felt this was not a requirement of the denial.
The City Attorney felt these should be included so that the motion does not
appear to be arbitrary and capricious. He stated three Findings of Fact which
coul0 be included in the motion. Councilmember Nawrocki stated he is not
inciined to include these Findings of Fact in his motion. The motion was
withdrawn.
Mayor Carlson stated he is going to support the denial of the lotsplit noting
that the information presented by the Planner aided him in his dec|sion.
Motion by Nawrocki, second by Ruettimann to waive the reading of the resolution
there being ample copies available to the public. Ro]l call: All ayes
RESOLUTION NO. 90-36
SUBDIVISION REQUEST
I, Joseph B. & Helen C. Gallus, hereby request a split of PIN 36 30 2441 0087,
legal]y described as:
Lot 16, Block 1, Silver Lake Addition, Anoka County, Minnesota
THE DESCRIPTION HENCEFORTH TO BE:
l. That part of Lot, B]ock l, Silver Lake Addition to Columbia Heights, Anoka
County, Minnesota lying westerly of the following described line: Commencing
at the most southerly corner of said lot 16; thence northwesterly along the
(A) southwesterly line of said lot 16, a distance of 75.0 feet; thence north-
westerly 70.0 feet to a point which is 50' westerly of the easterly line of
said lot 16; thence northerly on a line 50' westerly of and parallel with
said easterly llne of lot .16 to the shoreline of Silver Lake and there termi-
nating.
2. That part of Lot 16, Block 1, Silver Lake Addltion to Columbia Heights, Anoka
ro,~ty, Minnesota lying easterly of the following described line: Commencing
at the most southerly corner of said lot 16; thence northwesterly along the
(B) southwesterly line of said lot 16, a distance of 75.0 feet; thence north-
westerly 70.0 feet to a point which is 50' westerly of the easterly line of
said lot 16; thence northerly on a line 50' westerly of and parallel with
said easterly line of lot 16 to the shoreline of Silver Lake and there
terminating. ..
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,
Regular Council Meeting
Ju~- ?5, 1990
page ! q
in the amount of $ -0- be divided. Paid.
Any pending or future assessments will be levied according to the new split
as approved this day.
Any ]otsplit given approva] shall become inva]id if the resolution, motion or
other Council action approving the said lotsplit is not filed with the County
Auditor within.one (1) year of the date of the Council action.
PLANNING $ ZONING DEPT. ACTION:
Forward to Council without
recommendation
This Sth day of June, 1990.
Offered by: Markow
Seconded by: Ryan
Ro]l call: q ayes, I nay
LeRo¥ Goranson (sig.)
Zoning Officer
Helen C. Gallus (sig.)
Joseph G. Gallus (sig.)
Signature of Owners, Notarized
4025 Stinson Boulevard
Owner's Address
Telephone No. 781-8512
SUBSCRIBED AND SWORN TO BEFORE ME
this 17th day of Hay, 1990.
Sharon R. Keikenapp (sig.)
Notary Public
CITY COUNCIL ACTION:
DENIED
This 25th day of June, 1990
Offered by:
Seconded by:
Roll call:
Nawrocki
Ruettimann
No ayes
Nawrocki, Clerkin, Ruettimann
Peterson, Carlson - nay
Edward M. Carlson, Mayor
Jo-Anne Student, Council Secretary
Fee $10.00
Date Paid: 5-17-90
Receipt No. 0022
8. OLD BUSINESS
a. Termination of B]ack Dirt Contract
This dirt is needed for sodding and for park areas. The City Manager briefly
reviewed what had transpired with the contractor who.dumped his dirt at the
~u~ci~al Service Center. Don Jolly, Superintendent Of Public Works, advised
the Council he had tested a random sample of dirt the :contractor stated would
be delivered. This evaluation was done on March 26th and Jolly advised the
contractor it would not meet the specifications. The dirt was also tested by
the State Labs and their findings were that the dirt would not meet the speci-
fications.
Jolly was contacted by radio at th~ time the contractor, Namar, Inc., was at
the Municipal Servi:ce Center to deliver the dirt and advised the staff that
this dirt was not to be dumped as it didn't meet the specifications. The contractor,
~ .... ~.. r .... rll Heeting
2.5,
-,
Les Cn~¢s of Namar, Inc., dumPed the dlrt at the Service Center and left.
Hction by Nawrocki, second by Peterson to terminate the contract with Namar, Inc.
of Fridley, for the supp]y of top soi] based on the fact that material supplied
does not meet the specified prescription; and furthermore, to require material
delivered to the City facility be.removed at the expense of the constractor and
no payment be made for materia] delivered. Ro]] call: All ayes
Councilmember Nawrocki requested the staff to make a loader available for the
contractor to remove the dirt and to return the bid bond when the dirt is
removee. Me requested Hr. Chieg to contact staff about removing the dirt.
Motion by Nawrocki, second by Peterson to authorize the Mayor and City Manager
to enter into a contract with the next Iow bidder, Quality Black Dirt of Columbia
Heights for a unit price of $11.00 per cubic yard in amounts less than 500 cubic
yards and $10.50 per cubic yard for amounts over 500 cubic yards. Roll call: All
ayes
b. Repair of 43rd Avenue
A resident inquired when the repair project of 43rd Avenue would be commencing.
The Public Works Director stated he is working with the contractors for both
43rd ~nd qqth Avenues to avoid having both streets torn up at the same time,
RECESS: 9:58 p.m.
R/CONVENE: 10:i0 p.m.
NEW BUSINESS
a. Authorize City Attorney to Prepare Ordinance to Provide for Sale of Property
The property being considered is a seven foot strip of land located at 4441
Washington Street. Councilmember Nawrocki inquired if property owners on both
sides of this strip were advised of the opportunity to purchase it. The City
Hanager advised that this had been done.
Appraisals of the land were done in 1980 or 1891 and it was very low. Council-
member Nawrocki felt both neighbors to this property should be contacted regarding
its availability, He inquired who usually pays the costs for transferring a piece
of property such as this, He was advised that in the past the City has paid the
costs, Councilmember Nawrocki felt the sale price should capture the costs in
making this type of transaction,
Notion by Nawrocki, second by Peterson to authorize the City Attorney to pre-
pare an ordinance and other appropriate documentation to authorize and accommodate
the sale of tax-forfeit property located adjacent to or at 4h41 Washington Street
and that the City Manager be directed to contact the property owner on the south
side of the strip to ascertain any Interest in the property. Roll call: All ayes
b. Dental Insurance for City Employees
Counci]member Nawrocki inquired if any information has been received regarding
dental insurance for City employees through Anoka County. He had requested this
information previously add noted it is considerably less expensive. The Assistant
to the City Hanager will pursue additional information and also establish how
many employees carry family dental insurance.
r;~,, ar' Council Meeting
June 25, 1990
page 16
c. Award of Major Peintenance Work for Municipal Projects #9018, 9019, 9020,
9021 and 9022
t4otion by Paterson, second by Ruettlmann to award the work for Municipal Projects
#9018, 9019, 9020, 9021 and 9022 to Bituminous Consulting and Contracting Company,
Inc. of Minneapolis for an amount of $99,988.21 based on low formal bids received;
and furthermore, to authorize the Mayor and City Manager to enter into a contract
for £he same. Counclimember Nawrocki felt the process used to secure bids was
highly ~mproper and it should have been authorized by the Council before bids were
sought. Roll call: Al1 ayes
d. Authorization to Purchase Tractor
Notion by Paterson, second by Clerkin to authorize the purchase of one Ford
Node1 #3930 Tractor with Node1 AH Front Mounted Hydraulic Sweeper from Long
Lake Ford & Tractor, Inc. of Long Lake, Mlnnesota for $17,878.00 Including
trade-in of Unit #28q, based.upon low formal bids received, and furthermore,
that the Mayor and City Manager'be authorized to enter into a contract for
the same.
The Public Works Director advised that speciflcations for this equipment had
been sent to eight .bidder and only one was returned. One bidder Indicated they
could not meet the specifications.
Councilmember Nawrocki inquired if staff had been authorized to seek bids on
this equipment. The Clty Panager responded they had not but this had been the
past practice. Councilmember Nawrocki observed that three members of thcs City
Council had not been privy to the discussion regarding this matter .and were
not part of the budget process last year. He felt the body responsible for accepting
bids should be the body who calls for bids.
The City Manager noted that this had not been the practice for two and one half
years and this Council had indicated this practice should continue and it had
been discussed. Councilmember Nawrocki reviewed the purchase/bid process again
and felt the previous City Council did not change the process.
Councilmember Ruettimann noted he has seen situations where only one bid had
been received previously. He felt the Council viewed each item at budget time
and was of the opinion that the procedure should not be drawn out by viewing
each item again.
Councilmember Peterson felt the previous City Council viewed the staff differently
and accepted more Input from staff. He has confidence In staff and noted that
the former City Council members did rely on staff more to use their judgement
and expertise.
Roll call: Clerkin, Ruettimann, Paterson - aye Nawrocki, Carlson - nay
e. Award of Contract to Resurface Prestemon Tennis Court
Councllmember Nawrocki observed, that staff had not been authorized to seek bids
for this project.
Notion by Clerkln, second by Ruettimann to authorize the award of wOrk for
Municipal Project #901q to Sjostrom, Inc. of Fridley, Minnesota, for an amount
of $3,232.00 based upon low formal'bid received and furthermore, to authorize
the Mayor and City Manager to enter into an agreement for the same. Roll call:
Ail ayes
. :.~, .... ~uuncil Meeting
,Jt~ne 25. 1990
page i 7
f. Purchase of Total Surveying Station
Councilmember Nawrocki stated that staff was not authorized to solicit bids for
this equipment and noted that very little time was spent on the budget last
ye:r. He also inquired if this equipment were needed and what does the present
equipment do. The Assistant City Engineer explained this equipment and noted
some of its additional features which would be useful to the City.
.,~,~n by Ruettimann, second by Peterson to authorize the purchase of one
Lietz Total Surveying System Package from Leitz Company of Overland Park, Kansas
~n an amount of $19,100.70 based upon iow formal bids received and furthermore,
to authorize the Nayor and .City Nanager to enter into an agreement for the same.
Roll call: Clerkin, Ruettimann, Peterson - aye Nawrocki, Carlson - nay
g. Update of ComprehenSive Plan (Request for Proposals)
Motion by Peterson, second by Clerkin to approve the attached Request for Pro-
posals for the Comprehensive Plan Update and the budget for the project as
included in Exhibit "A".
Councilmember Nawrocki noted that previously he had inquired what is wrong
with the present Comprehensive Plan, He has also recommended that rather than
hire a consultant the City hire an intern and do the Comprehensive Plan in-house,
Councilmember Nawrocki also mentioned that there is no mention of citizen input
and questioned if this were a good use for the money budgeted,
The HRA Director advised that the budget for the Plan Update increased when
a Water Nanagement Plan was included. He noted that the RFP requires the con-
sultant to seek citizen input. The City Manager a]so addressed some of the
areas which wou]d benefit from having an update of the P]an.
Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye
Nawrocki - nay
h. Animal Control Contract
Motion by Nawrocki, second by Ruettimann to authorize the Mayor.and Ci'ty Manager
to enter into a contract for animal control services with the Greater Anoka
County Humane Society for the period of August 1, 1990 through August 1, 1991,
at the rates proposed in their letter to the City Manager on June ]9, 1990;
and that staff contact other communities regarding the possibilities of deve-
loping other sources for these services. Roll call: All ayes
i. Authorization to Seek Bids for Paving Equipment
It was noted that this equipment is not a budgeted item. Counci]member Ruettlmann
requested staff to obtain costs for training plus the option between the box
and the self-propelled paving equipment previously discussed by the Council.
Notion by Peterson, second by Ruettimann to authorize staff to seek bids for
paving equipment. Roll call: All ayes
j. Establish Dates for Work Sessions
Motion by Nawrocki, second by Ruettimann to establish a work session for Thursday,
June 28th at 7:00 p,.m.; Wednesday, July 18th at 8:00 p.m.; and Thursday, July
19th at 8:00 p.m.. Roll call: All ayes
Regular Council Meeting
Jt~-e 25, 1990
page 18
10. REPORTS
a. Report of the City Manager
The City Manager's report was submitted in written form and the following
items were discussed: '
a) Water Issues with School District: The City Manager advised he will contact
the Superintendent and request he meet with City st~ff to discuss the water
issues regarding Valley View School and Central Middle School. Councilmember
Nawrocki noted that this issue had already been discussed previously and
questioned at what point a certain standard is needed for water supplies.
b) Wargo Court Park Reconstruction: Councilmember Peterson expressed his
irritation at this project not having been completed last year. He noted
that the Council had been assured that the fountain and the filter would
be working properly and felt the project is right back where it started.
It was noted that the Anoka County Commissioner of Parks had submitted
drawings for the park.
b. Report of the City Attorney
The City Attorney advised the Council that he had appeared at the County's Board
of Equalization regarding the assessed valuation and tax status of the parking
ramp on 40th and Central Avenues. He was advised today that a value of $549,000
was placed on the ramp and the land. This was one third of the assessed valuation
previously placed on this facility and parcel. The City Attorney also noted that
this issue is also being heard in tax court. Councilmember Ruettimann had sug-
gested that the tax status of the ramp adjacent to the Anoka County Court House
should be reviewed.
The Public Works Director advised the Council that the contractor who did the
sealcoat work in the City last year is aware that the City is not pleased with
the work and that their bonding company has been notified.
The Building Inspector stated that the unsafe house at 5051 University Avenue
has been torn down.
The City Manager noted that two appeals of the Housing Maintenance Code have been
received and will be heard by the Board of Appeals which is the Planning and Zoning
Commission.
11. PAYMENT OF BILLS
Mayor Carlson inquired what was included in the bill from Citywide Locksmith
Company. The Finance Director gave him the breakdown on the work which was
included.
Motion by Carlson, second by Nawrocki to approve the bills as listed out of
proper funds. Roll call: All ayes
ADJOURNMENT
Motion by Peterson, second by Nawrocki to adjourn at 12:20 a.m.. Roll call: All
ayes
,~o-/~nne StUdent, ~ouncil
Secretary
Ma~'or Edward M. CaFlson
OFFICIAL PROCEEDINGS
CONTINUED PUBLIC IMPROVEMENT HEARING
JUNE 25, 1990
The Continued Public Improvement Hearing was called to order by Mayor Carlson
at 6:40 p.m..
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present
2. PURPOSE OF MEETING
To continue the Public Improvement Hearing regarding major maintenance and seal-
coating of 43rd Avenue from Central Avenue to Pierce Street, and to determine
whether resident interest exists regarding reconstruction of 43rd Avenue (petition
from resident-owner).
3. ACKNOWLEDGEMENT OF PETITIONS/LETTERS RECEIVED
A letter was received from the property owner at lO11 43rd Avenue indicating he
is no longer interested in pursuing reconstruction of 43rd Avenue.
Motion by Carlson, second by Nawrocki to receive the letter from the property
owner at 1011 43rd Avenue and place on file. Roll call: All ayes
A petition was received from the property owner at 1037 43rd Avenue bearing
nineteen signatures stating opposition to reconstruction of 43rd Avenue.
Motion by Nawrocki, second by Clerkin to receive the petition and place on
file. Roll call: All ayes
4. PRESENTATION OF INFORMATION BY STAFF
Information regarding this project had been presented at a previous Public Imp-
rovement Hearing.
The resident at 1021 43rd Avenue inquired if residents can do their own work with
regard to repair of curbs. The City Manager responded there could be a problem with
residents installing their own curb and gutter in that they set the elevation and
in the future, if the street is reconstructed there could be problems with this
work.
Councilmember Nawrocki concurred that residents could repair or install curbing
but it was to be understood that if this street is reconstructed that all of the
curb and cement work would have to be removed. The resident at 1021 43rd Avenue
aisc stated he intends to place cement in the boulevard area. The City Manager
requested this property owner to contact the Engineering Department before he
undertakes any of this self-repalr project.
5. rCONSIDERATION OF RESOLUTION AUTHORIZING PROJECT
Motion by Nawrocki, second by Ruettimann that the assessment for Project 9020
be the same as for other sealcoat work; that being $2.13 per street foot and
that the City Manager be directed .to work with the property owner of 1021 43rd
Avenue to repair curb in front of his home. Roll call: All ayes
Motion by Nawrockl, second by Ruettimann to waive the reading of the resolution
Continued Public Improvement Hearing
June 25, 1990
page 2
there being ample copies available to the public. Roll call: All ayes
RESOLUTION NO. 90-35
BEING A RESOLUTION ORDERING IMPROVEMENTS
BE IT HEREBY RESOLVED by the City of Columbia Heights by motion on the 14th day
of May, 1990 ordered notice of a hearing to be given to property owners, and
WHEREAS, pursuant to a notice of hearing certain residents appeared at a Council
Meeting on the 4th day of June, 1990, the 18th day of June, and on the 25th
day of June, 1990, and
WHEREAS, the Council determines to proceed with this local improvement, a portion
of the cost being defrayed by special assessments under Charter provisions.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
1. That the location and extent of such improvements is as follows:
Major maintenance and sealcoat of 43rd Avenue from Central Avenue to
Pierce Street
Work would include selective concrete curb and gutter replacement, selective
cutting and removal of bituminous surface, bituminous surface patching, and
sealcoating application
2. That the materials to be used are as follows:
Concrete curb and gutter, bituminous patching, asphalt emulsion and
seaicoat aggregate
3. That a careful estimate of the cost of the improvements has been made by
the City Manager and the several lots and parcels of land fronting upon
and adjacent to such proposed improvements, which be deemed benefited
thereby, were properly notified of said hearings, and
4. That the City Manager shall also list the names and owners of the several
parcels so improved as nearly as can be ascertained.
5. That the City Manager shall proceed with taking of bids for the improvements,
or portions of the'improvements as stated herein.
6. These improvements shall also be known as P.I.R. #834 - Project 9020.
Passed this 25th day of June, 1990.
Offered by:
Seconded by:
Roll call:
Peterson
Ruettimann
All ayes
Jo-Anne Student, Council Secretary
Mayor Edward M. Carlson
Continued Public Improvement Hearing
June 25, 1990
page 3
6. ADJOURNMENT
Motion by Peterson, second by Nawrocki to adjourn the continued public imp-
rovement Hearing at 6:58 p.m.. Roll call: All ayes
Mayor Edward-I~.- Car'r~'6n
6-Anr~e Student, C~uncil Secretary
I
J