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HomeMy WebLinkAboutMay 26, 1998OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING MAY 26, 1998 1. CALL TO ORDER/ROLL CALL The Council Meeting was called to order at 7:05 p.m. by Mayor Sturdevant. Present were Mayor Sturdevant and Councilmembers Jolly, Ruettimann, and Peterson. Councilmember Szurek was absent. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE MEETING AGENDA There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (Items on the Consent Agenda are considered routine by the City Council and are enacted by one motion. Items removed from the Consent Agenda are taken up as the next order of business.) A. Motion by Peterson, second by Sturdevant to adopt the Consent Agenda as follows: 1) Approval of Council Meeting Minutes The Council approved the minutes of the May 11, 1998 Regular Council Meeting. 2) Revision to Salary_ Range for Assistant Finance Director The Council approved the revised 1998 monthly salary range for the position of Assistant Finance Director, effective June 1, 1998, as follows: Entry, $3,802; 6 Months, $3,931; 1 Year, $4,061; 2 Years, $4,190 and 3 Years, $4,320. 3) Establish Council Work Session Dates for June The Council established Wednesday, June 3, 1998 at 7:00 p.m. and Monday, June 15, 1998 at 7:00 p.m. as dates and times for Council work sessions. 4) 1999-2001 CDBG Programs The Council allowed the Joint Cooperation Agreement of 1987 to automatically renew and continue in effect so long as there is a CDBG Program in the Urban County of Anoka. 5) Payment of Bills The Council approved payment of the bills as listed out of proper funds. REGULAR COUNCIL MEETING MAY 26,1998 PAGE 2 6) Approval of License Applications The Council approved the license applications as listed and approved the rental housing license applications as listed in the two memos dated April 13, 1998 from the Fire Chief. Roll call on the Consent Agenda: All ayes 5. RECOGNITIONS, PRESENTATIONS, PROCLAMATIONS AND GUESTS There were no items for this section of the agenda. 6. PUBLIC HEAR1NGS There were no public hearings. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1373 Being an Ordinance Vacating an Alley This alley vacation is in conjunction with the development and re-plat of the area at 37th and Central Avenues to be called Bobby and Steve's Autoworld. Motion by Peterson, second by Sturdevant to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1373 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, VACATING A CERTAIN ALLEY The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates the public alley over, across, and under the following described property, to wit: REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 3 That part of the alley found within the plats of CENTRAL AVENUE SUBDIVISION and SPAIN'S ADDITION, Anoka County, Minnesota, lying between the easterly extension of the northerly line of the South 41 feet of Lot 9, said CENTRAL AVENUE SUBDIVISION, and the northwesterly right of way line of RESERVOIR BOULEVARD, excepting and reserving the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon and thereunder, to continue maintaining the same or to enter upon such way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after passage. First Reading: Second Reading: Date of Passage: May 11, 1998 May 26, 1998 May 26, 1998 Offered by: Peterson Seconded by: Sturdevant Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 2) Resolution No. 98-47 Being a Resolution Consenting to the Separation of the US WEST Communications and US WEST Media Group The City's cable counsel advised the Council he has reviewed the documents relative to the separation. He reviewed the five contingencies regarding approval of the separation resolution. Motion by Ruettimann, second by Jolly to waive the reading of the resolution there being ample copies available for the public. REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 4 RESOLUTION NO. 98-47 RESOLUTION CONSENTING TO THE SEPARATION OF US WEST COMMUNICATIONS AND US WEST MEDIA GROUP WHEREAS, the cable television franchise (the "Franchise") of the City of Columbia Heights ("City") is currently owned and operated by Group W Cable of Columbia Heights, Inc. ("Grantee") which is indirectly but wholly-owned by US WEST, Inc. ("USW"); and WHEREAS, USW's Board of Directors has voted to recommend restructuring USW into two completely separate, unaffiliated companies and USW's shareholders are expected to vote on such restructuring at the next annual meeting of shareholders; and WHEREAS, the restructuring, as more fully described in the SEC Form S-4 Registration Statement filed by USW-C, Inc. on behalf of USW ("SEC Form S-4") which is incorporated herein by reference, will result in the formation of New US WEST, Inc. (to be renamed US WEST, Inc. and referred to herein as "New US WEST") and MediaOne Group, Inc. ("MediaOne Group"); and WHEREAS, subsequent to restructuring, Media One Group will own and operate substantially all of the cable systems currently owned and operated by USW, along with certain other businesses, and New US WEST will own and operate the fourteen (14) state regional bell operating company telephone business currently owned and operated by USW, along with certain other businesses; and WHEREAS, subsequent to restructuring, MediaOne Group will wholly own the Grantee and New US WEST will have no interest in the Grantee; and WHEREAS, this restructuring will impact the technical, legal and financial qualifications of USW, and is subject to review and approval by the City pursuant to federal, state, and local law, and the Franchise; and WHEREAS, USW has requested the City's consent and approval for this restructuring and has filed documentation related thereto ("Request"); and WHEREAS, the City has previously consented to ownership by USW upon certain conditions, including the provision of a Corporate Guaranty; and REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 5 WHEREAS, the City has reviewed the Request including the SEC from S-4, has solicited, received and reviewed certain other information and responses from USW including certain IRA rulings, a draft Separation Agreement and FCC Orders, and has procured, received, and reviewed an analysis of the financial impact of the restructuring; and WHEREAS, MediaOne Group will guarantee all Franchise obligations pursuant to a reaffirmation of the Corporate Guaranty currently provided by USW; and WHEREAS, no notice of breach or default under the Franchise has been issued by City or any of its Member Municipalities within the past 12 months and none is outstanding; and WHEREAS, the City has determined that subject to certain conditions which must be met, MediaOne Group possesses the requisite minimum legal, technical and financial qualifications. NOW, THEREFORE, BE IT RESOLVED, that the restructuring of USW into two separate companies - MediaOne Group, Inc. and the New US WEST, Inc. is hereby approved and consented to by the City and permitted conditioned upon: Execution and delivery of a letter reaffirming the Corporate Guaranty form MediaOne Group in a form and substance acceptable to City; and Execution and delivery of a copy of the Separation Agreement detailing the understandings and agreements between MediaOne Group and New US WEST subsequent to separation, the inclusion therein of non-competitive agreements shall void this approval and consent as of the date hereof; and Compliance with all federal, state, and local government orders, decisions, authorizations, or approvals relating to MediaOne Group's ownership and operation of the system; and Successful consummation of the transaction as decribed in the SEC Form S-4, including receipt of all required regulatory and shareholder approvals, on or before July 31, 1998, with written certification that the transaction was consummated in materially the same manner as indicated in the SEC Form S-4. In the event closing does not occur prior to this date, the City's consent to transfer shall be deemed to be withheld. 5. Reimbursement of all reasonable fees incurred in the City's review of the proposed transactions; and REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 6 BE IT FURTHER RESOLVED, that MediaOne Group 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 the Franchise to any lender providing financing to MediaOne Group, from time to time. Passed this 26th day of May, 1998. Offered by: Ruettimann Seconded by: Jolly Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary B. Bid Considerations None C. Other Business None 8. ADMINISTRATIVE REPORTS A. Report of the City Manager 1) Media Release from Minneapolis Regarding Reservoir Construction: A copy of a media release was distributed to the Council which addressed the timetable for the reservoir construction. The City Manager also explained the proposal for installation of a retaining wall on the reservoir site as well as landscaping plans. Councilmember Ruettimann requested the City Manager get a mock-up of the plan which would include this retaining wall. He also stated there appears to be much damage being done to 49th Avenue and this was not anticipated. He recalled a verbal statement made by representatives of Minneapolis which referenced their intention to restore 49th Avenue to its condition before the project and associated hauling commenced. He has received some resident calls concerning this matter. REGULAR COUNCIL MEETING MAY 26, 1998 PAGE 7 Councilmember Ruettimann requested the City Manager to follow up on establishing a joint work session with the New Brighton City Council to review this project. Councilmember Jolly felt this meeting should include residents and representatives of Minneapolis as well. He also requested a status report on 49th Avenue. 2) Leaking Roof at the Library: The City Manager noted that the roof at the Library has been leaking and has caused some damage to books and other materials. He felt the roof replacement may be moved up on the Capital Improvement Program. 3) Update on Issues: Councilmember Jolly inquired as to the status of remote meter reading radios. He was advised this issue is currently being readied for an upcoming meeting. Councilmember Jolly also asked if there were any comments received regarding the water line on Innsbruck Parkway. He was advised there were none. 4) Municipal Service Center Open House: Councilmember Peterson thanked the staff for the very successful Open House at the Service Center. It was videotaped by a cable representative. 5) Community Spirit: Councilmember Ruettimann had a tree damaged in the recent storm. He noted he received help and offers of assistance from neighbors, passersby and people he had never met. He felt this reflected an admirable spirit and was typical of Columbia Heights. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNCIATIONS Included in the agenda packet were the minutes of the following meetings: May 4, 1998 Traffic Commission, May 5, 1998 Planning and Zoning Commission, May 5, 1998 Library Board of Trustees and April 16, 1998 Charter Commission. No Council action was required as this was for informational purposes only. 10. CITIZEN FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA There were no residents present for the Citizen Forum. REGULAR COUNCIL MEETING REGULAR COUNCIL MEEIING MAY 26, 1998 PAGE 8 The City Manager advised that the Council has been challenged by the Chamber of Commerce in a softball game during the Jamboree. Saturday aria-noon of Jamboree Week was selecled as the time for the game. 11. ADIOUR.NM'ENT Motion by Peterson, second by Ruertimann to adjourn the meeting at 7:35 p.m. Roll call: All ayes Jo-Anne Stuclen~, Council Secretary yor .~se~h Sturdevan! ~