HomeMy WebLinkAboutAugust 26, 1996OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
AUGUST 26, 1996
CALL TO ORDER/ROLL CALL
Mayor Sturdevant called the Council Meeting to order at 7:00
p.m.
Mayor Sturdevant and Councilmembers Jones, Jolly and Peterson
were present. Councilmember Ruettimann was out of town.
PLEDGE OF ALLEGIANCE
ADDITIONS/DEL~TION$ TO THE MEETING AGENDA
The City Manager requested item 4-a-2,
establishment of work session dates, be
consent agenda.
that being the
removed from the
CONSENT AGENDA
A. Motion by Peterson, second by Jolly to approve the
following items on the Consent Agenda:
ADproval of Council Meeting Minutes
The Council approved the minutes of
Council Meeting as presented.
the August 12, 1996
Adopt Revisions to John P. Murzyn Hall Management p~n
The Council adopted the revisions to the John P. Murzyn Hall
management plan establishing criteria for scheduling security
services and dates that Murzyn Hall be closed in observance of
holidays, as outlined in Park and Recreation Commission
submittals dated August 9, 1996.
Authorize Eleventh Annual 500 Club Kielbasa Days Celebration
The Council authorized the 500 Club to serve beer and have
live music in their parking lot on September 6, 7, and 8, 1996
from 3:00 p.m. each day, in conjunction with their Eleventh
Annual Kielbasa Days Celebration at 500 40th Avenue Northeast.
Approve License Applications
The Council approved the license applications as listed upon
payment of proper fees.
Approve Pa_vment of Bills
The Council approved the payment of the bills as listed out of
proper funds.
Roll call: Ail ayes
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 2
e
Sstablish Work Session Dates for September. 1996
Motion by Sturdevant, second by Peterson to establish
Wednesday, September 4, 1996 at 7:00 p.m. and Monday,
September 16, 1996 at 8:00 p.m. as Council work session dates
and times. Roll call: All ayes
The City Manager advised the agenda for the September 4th work
session would include items regarding the initial discussion
of the 1997 budget and discussion of enforcement procedures of
the Housing Maintenance Code.
Councilmember Jolly noted that the Rice Creek Watershed
District task force, on which he serves, is also meeting on
September 4th.
RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS
A. Introduction of New Employee
Police Chief Johnson introduced Dale Sorensen, the newly-hired
Community Service Officer in the Police Department.
B. ~Qka County Recycling Recognition
Jean Kuehn, Special Projects Coordinator, presented a framed
certificate from the Anoka County Board of Commissioners to
the Council which recognized the efforts of Columbia Heights
residents in meeting the goals of waste abatement from 1988
through 1995. Members of the City Council also recognized the
outstanding efforts of Ms. Kuehn in facilitating the recycling
achievements in the community.
PUBLIC HEARINGS
A. $$Gond Reading of Ordinance No. 1330. Being an Ordinance
Amending Zoning Ordinance Relating to Car Sales in the Retail
Business District
Motion by Peterson, second by Jolly to waive the reading of
the ordinance there being ample copies available for the
public. Roll call: All ayes
ORDINANCE NO. 1330
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF
1977 AND PERTAINING TO ZONING AMENDMENTS
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 3
The City of Columbia Heights does ordain:
Section 1: Section 9.113(2)(k) of Ordinance No. 853, City Code
of 1977, which currently reads as follows, to wit:
9.113(2) Conditional Uses
Within any "RB" Business District, no structure or land shall
be used for the following uses except by conditional use
permit.
(k) New auto and truck sales, used auto and truck sales in
conjunction therewith, provided that the site involved
therewith is a minimum of three (3) acres.
is hereby amended to read as follows:
9.113(2) Conditional Uses
Within any "RB" Business District, no structure or land shall
be used for the following uses except by conditional use
permit.
(k) Vehicles. not to exceed 2-tons. for sale in Conjunction
with only automobile repair businesses which do ~Qt sell fuel,
provided that the following requirements are ~et
1) Parking area for car sales cannot eliminate required
parking spaces for primary ~e.
2) No more than 10 vehicles can be displayed ~or sale at
any one time.
3) Traffic flow on lot. lightingJ parking 10~ striping
must be approved through the Conditional Use Permit
process before approval for such operation can be
granted.
4) Size. type and style of any signage ~Qr such vehicl~
must be within the vehicle at all times and approved by
staff.
5) Ail reauired state and 1Q~al ~¢enses must be
obtained.
Section 2: This ordinance shall be in full force and effect
from and after thirty (30) days after its passage.
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 4
First Reading:
Second Reading:
Date of Passage:
August 12, 1996
August 26, 1996
August 26, 1996
Offered by:
Seconded by:
Roll call:
Peterson
Jolly
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student
ITEMS FOR CONSIDERATION
A. Other Resolutions/Ordinances
1. Resolution No. 96-55 Being a Resolution Consenting
to Cable Television Transfer to Continental
There are two cable television franchise transfers being
considered. One is from Meredith Cable to Continental
Cablevision, Inc. and the second is from Continental to U.S.
WEST.
The City's cable legal counsel addressed the history of the
last four months when the transfer requests were considered
and reviewed. In response to a Councilmember's inquiry
regarding any affect these transfers may have on subscriber
rates and on programming, the legal counsel advised that both
companies agreed to be bound by the current franchise
agreement. He explained that an eighteen month waiver has been
granted to U.S. WEST to own both a telephone company and a
cable company. At the end of that eighteen month period they
will be required to sell the cable company.
Ail of the conditions of the transfers are included in both of
the resolutions which address the transfers. Members of the
Telecommunications Commission analyzed each of the
transactions separately and recommended that each resolution
be approved.
Members of the Commission were apprised of what conditions
would have been necessary to deny the transfers. Denial of the
transfers would need to be based on the company not meeting
technical, financial, legal or character qualifications.
Motion by Jolly, second by Jones to waive the reading of the
resolution there being ample copies available for the public.
Roll call: All ayes
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 5
RESQLUTION NO. 96-55
RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND
CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION
FRANCHISE TO CONTINENTAL
WHEREAS, the cable television franchise (the "Franchise") of
the municipality of Columbia Heights (the "Authority") is
currently owned and operated by Group W Cable of Columbia
Heights/Hilltop, Inc. ("Group W") which is owned by
Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP");
and
WHEREAS, the general partner of MNHSP has entered into a
Purchase Agreement dated March 15, 1996 with Continental
Cablevision, Inc. ("Continental") whereby said general partner
is proposed to be replaced by North Central Communications
Corporation, Continental of Minnesota, Inc. or Continental of
St. Paul, Inc., both wholly owned subsidiaries of Continental
(the "Meredith/Continental Agreement"); and
WHEREAS, Group W will continue to hold the Franchise; and
WHEREAS, the Authority has received a request for consent to
the transfer of control contemplated by the
Meredith/Continental Agreement; and
WHEREAS, no notice or breach or default under the Franchise
has been issued by Authority within the past 12 months and
none is outstanding; and
WHEREAS, the Authority has determined that subject to certain
conditions which must be met, Continental possesses the
requisite legal, technical and financial qualifications;
NOW, THEREFORE, BE IT RESOLVED, that the transfer contemplated
by the Meredith/Continental Agreement is hereby consented to
by the Authority and permitted conditioned upon:
Execution and delivery of a Corporate Guaranty from
Continental Cablevision, Inc. in the form attached
hereto; and
Documentation that a wholly owned subsidiary of
Continental Cablevision, Inc. is duly admitted as a
successor general partner pursuant to the Restated
Agreement of Limited Partnership of Meredith/New Heritage
Strategic Partners, L.P. dated December 30, 1991 or any
amendment thereof; and
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 6
Payment of $25,000.00 to the City of Columbia Heights as
required in the Memorandum of Understanding between the
Authority and Group W for equipment purchases; and
Reimbursement of all reasonable fees incurred in the
Authority's review of the proposed transactions; and
Se
The successful closing of the transaction described in
the Meredith/Continental Agreement.
BE IT RESOLVED FURTHER, that the Continental may, at any time
and from time to time, assign or grant or otherwise convey one
or more liens or security interests in its assets, including
its rights, obligations and benefits in and to the Franchise
(the "Collateral") to any lender providing the franchise to
Continental ("Secured Party"), from time to time. Secured
Party shall have no duty to preserve the confidentiality of
the information provided in the Franchise with respect to any
disclosure (a) to Secured Party's regulators, auditors or
attorneys, (b) made pursuant to the order of any governmental
authority, (c) consented to by'the Authority or (d) any of
such information which was, prior to the date of such
disclosure, disclosed by the Authority to any third party and
such party is not subject to any confidentiality or similar
disclosure restriction with respect to such information
subject, however, to each of the terms and conditions of the
Franchise.
Passed this 26th day of August, 1996.
Offered by:
Seconded by:
Roll call:
Jolly
Jones
Ail ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
CERTIFICATION
I hereby certify that the aforegoing resolution is a true and
correct copy of the resolution presented to and adopted by the
City Council of the City of Columbia Heights, at a duly
authorized meeting thereof held on the 26th day of August,
1996.
William J. Elrite, City Clerk
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 7
2. Resolution No. 96-56. Being a Resolution Consentina to
C~ble Television Transfer to U.S. WEST
Motion by Jones, second by Peterson to waive the reading of
the resolution there being ample copies available for the
public. Roll call: All ayes
RESOLUTION NO..96-56
RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF AND
CERTAIN OWNERSHIP INTERESTS IN A CABLE TELEVISION
FRANCHISE TO U.S. WEST
WHEREAS, the cable television franchise (the "Franchise") of
the municipality of Columbia Heights (the "Authority") is
currently owned and operated by Group W Cable of Columbia
Heights/Hilltop, Inc. (Group "W"), which is owned by
Meredith/New Heritage Strategic Partnership, L.P. ("MNHSP");
and
WHEREAS, the general partner of MNHSP, has entered into a
Purchase Agreement dated March 15, 1996 with Continental
Cablevision, Inc. (Continental") whereby Group W will be owned
by Continental (the "Meredith/Continental Agreement"); and
WHEREAS, Continental will guarantee the Franchise obligations
pursuant to a Corporate Guaranty; and
WHEREAS, the Authority has consented to the transaction
described in the Meredith/Continental Agreement; and
WHEREAS, Continental intends on merging into U.S. WEST, Inc.
or a wholly owned subsidiary of U.S. WEST, Inc. (herein
collectively known as "U.S. WEST") pursuant to that certain
Agreement and Plan of Merger dated February 27, 1996 (the
"Continental/U.S. WEST Agreement"); and
WHEREAS: Group W will continue to hold the Franchise; and
WHEREAS: the Authority has received a request for consent to
the merger of Continental and U.S. WEST (the "Continental/U.S.
WEST Merger"); and
WHEREAS, no notice of breach or default under the Franchise
has been issued by Authority within the past 12 months and
none is outstanding; and
WHEREAS, the Authority has determined that subject to certain
conditions which must be met, U.S. WEST possesses the
requisite legal, technical and financial qualifications;
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 8
NOW, THEREFORE, BE IT RESOLVED, that the Continental U.S. WEST
merger is hereby consented to by the Authority and permitted
conditioned upon:
1. Execution and delivery of a Corporate Guaranty from U.S.
WEST in the form attached hereto; and
2. Securing all necessary federal, state and local government
waivers, authorizations, or approvals relating to U.S. West's
acquisition and operation of the system to the extent provided
by law; and
3. Reimbursement of all reasonable fees, incurred in the
Authority's review of the proposed transactions; and
4. The successful closing of the Transaction described in the
Continental/U.S. WEST Agreement.
BE IT FURTHER RESOLVED, that nothing herein shall be construed
or interpreted to constitute any approval or disapproval of or
consent or non-consent to U.S. WEST's Petition for Special
Relief currently pending before the FCC, or any other federal,
state, or local government waivers, authorizations or
approvals, other than that transaction delineated above.
BE IT FURTHER RESOLVED, that U.S. WEST may, at any time and
from time to time, assign or grant or otherwise convey one or
more liens or security interests in its assets, including its
rights, obligations and benefits in and to the Franchise (the
"Collateral") to any lender providing financing to U.S. WEST
("Secured Party"), from time to time. Secured Party shall have
no duty to preserve the confidentiality of the information
provided in the Franchise with respect to any disclosure (a)
to Secured Party's regulators, auditors or attorneys, (b) made
pursuant to the order of any governmental authority, (c)
consented to by the Authority or (d) any of such information
which was, prior to the date of such disclosure, disclosed by
the Authority to any third party and such party is not subject
to any confidentiality or similar disclosure restriction with
respect to such information subject, however, to each of the
terms and conditions of the Franchise.
Passed this 26th day of August, 1996.
Offered by:
Seconded by:
Roll call:
Jones
Peterson
All ayes
Mayor Joseph Sturdevant
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 9
B. Bid Considerations
1. Authorize Staff to Seek Bids to Line/Repair Pipes at
LaBelle Pond
Motion by Sturdevant, second by Peterson to authorize staff to
seek bids to line/replace C.M.P. outletting into LaBelle Pond.
Roll call: All ayes
2. Approve Final Payment for 1996 Street and Parkina Lane
Striping
Motion by Jones, second by Sturdevant to accept the work for
1996 street and parking lane striping and to authorize payment
of $5,143.64 to AAA Striping Service Company of Rogers,
Minnesota. Roll call: All ayes
3. ~uthorize Purchase of Mobile Data Equipment
Motion by Peterson, second by Jolly to authorize the Mayor and
City Manager to enter into agreements to purchase two Motorola
radio/modem units with software and associated hardware and
one notebook computer for a total of $8,400 plus applicable
sales tax, funded from the Capital Equipment Replacement Fund
431-42100-5180. Roll call: All ayes
4. Approve Ouotations for City Newsletter Printing
The City Manager advised that consideration is being given to
decreasing the number of pages in the City newsletter and
increasing the frequency of publication.
Motion by Jones, second by Jolly to approve the low quotations
of Rapid Graphics in the amount of $5,943.00 for the printing
of the 1996 fall/winter "Heights Happenings" City newsletter
and Recreation Department brochure with funds being
appropriated from Fund 101-45040-3440, and authorize the Mayor
and City Manager to enter into an agreement for the same. Roll
call: All ayes
C. Other Business
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 10
1. Consideration of Verbal Bid for Demolition of 537 38th
Avenue Northeast
An amended handout from the Finance Director was distributed
to the Council. The amendment addresses the source of funding
for this demolition. The Finance Director advised there were
not sufficient funds in the Community Development General
Administration Fund to cover the costs of the demolition. It
was noted this also had not been past practice regarding
demolitions nor condemnations.
Motion by Peterson, second by Jones to award the demolition of
527 38th Avenue Northeast in the amount of $4,645 to K.A.
Stark Excavating, Inc., with funds to be appropriated from the
P.I.R. Fund, and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same. Roll call:
All ayes
2. Accept Recreation Department Donations
The donation list included all of the contributions received
by the Recreation Department since the first of the year
through August 16, 1996. The list of individual contributors
was read.
Motion by Jolly, second by Peterson to accept the donations
from the community organizations and businesses listed in the
August 16, 1996 Recreation Director's memo from the Recreation
Department programs, supplies or equipment, and the cash
amount reflected in the 881 budget account. Roll call: All
ayes
3. Extend Refuse/Recycling/Yard Waste Contract with
BFI/Woodlake Sanitary Service
The City Manager mentioned the excellent and affordable
service the City provides for its residents. Some discussion
followed regarding disposal of tires which are left in yards.
Motion by Sturdevant, second by Jones to authorize the Mayor
and City Manager to enter into a three year extension of the
refuse/recycling/yardwaste contract with BFI/Woodlake Sanitary
Service, effective January 1, 1997 - December 31, 1999. Roll
call: All ayes
ADMINISTRATIVE REPORTS
a. Report of the City Manager
REGULAR COUNCIL MEETING
AUGUST 26, 1996
PAGE 11
®
The City Manager advised that the 1997 budget will be
distributed. He will be contacting each member of the Council
regarding his/her concerns or opinions relative to the budget.
Enforcement of the Housing Maintenance Code will be on the
agenda for the upcoming Council work session.
The City Manager will be attending the ICMA Conference in
October or the National League of Cities Conference in
December.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
GENERAL COUNCIL COMMUNICATIONS
Minutes of the August 15, 1996 Telecommunications Commission
Meeting were included in the agenda packet.
10. CITIZEN FORUM
11.
A resident, whose property is on Jackson Street, expressed her
concerns regarding numerous matters; among them were the
Housing Maintenance Code enforcement, police reports, parking
surface requirements and mediation services.
Councilmember Jolly inquired as to the status of the pilot
project for meter reading. The City Manager advised that the
Finance Department is sending out a survey regarding this
matter. It was noted that meters could be read by Minnegasco.
A resident of Fifth Street stated his concerns regarding the
placement of water meters, his overdue utility bill and the
assessed value of property recently purchased by the City.
ADJOURNMENT
Motion by Sturdevant, second by Peterson to adjourn
meeting at 8:30 p.m. Roll call: All ayes
An~e Student, Council Secretary
the