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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