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HomeMy WebLinkAboutOct 27, 1986OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUt~CIL REGULAR COUNCIL MEETING OCTOBER 27, 1986 The Council Meeting was called to order by Council President Petkoff at 7:30 p.m. I. Roll Call Paulson, Carlson, Peterson, Petkoff - present Nawrocki - absent 2. Invocation The Invocation was offered by Pastor Ken Rice of Community United Methodist Church. 3. Minutes of Previous Meetings Motion by Paulson, second by Peterson to approve the minutes of the Special Council Meeting of October loth and the Regular Council Meeting of October 13th and that the reading be dispensed with. There were no corrections. Roll call: AI1 ayes 4. Oral Petitions There were no oral petitions at this time. 5. Ordinances and Resolutions a. Resolution No. 86-63; Resolution Regarding the Six Cities Watershed Management Organization's Water Management Plan Motion by Petkoff, second by Peterson to waive the reading of the resolution there being ample copies avaiable to the public. Roll call: All ayes RESOLUTION NO. 86-63 BEING A RESOLUTION REGARDING THE SlX CITIES WATERSHED MANAGEMENT ORGANIZATION'S WATER MANAGEMENT PLAN WHEREAS, the Columbia Heights City Council has reviewed in some detail the Six Cities Water Management Organization's Water Management Plan; and, WHEREAS, the Columbia Heights City Council questions the cost effectiveness of projects proposed to resolve problems described as "High Water on Tertiary Pond/Low Water on Clover Pond: and "Flooding South of 52nd Avenue"; and, WHEREAS, the problem described as "Flooding South of 52nd Avenue" exists primarily as a result of an error in allowing construction of a home at the existing elevation, and the proposed solution would tend to shift the problem to some other location; and, in either event, the proposed solution would not be the most cost effective method of resolving the problem; and, WHEREAS, the provisions of Flood Insurance for homes located in the flood area south of 52nd Avenue would be a more realistic and viabl'e alternative to the affected homeowners; NOW, THEREFORE BE IT RESOLVED by the Columbia Heights City Council that it expresses its concern with deep reservation regarding the proposed projects entitled "High Water on Tertiary Pond/Low Water on Clover Pond" and "Flooding South of 52nd Avenue" since the projects as proposed would not be cost effective. Passed thi, s 27th day of October, 1986. Regular Council Meeting October 27, 1986 page 2 ~fered by: Seconded by: Roll call: Petkoff Paulson Ali ayes Mayor Nawrockl arrived at the meeting at 7:4o p.m.. Proclamation Mayor Nawrocki read a proclamation proclaiming the month of November as Epilepsy Month in the City of Columbia Heights. The Mayor presented the proclamation to Doug Hill, a resident of Columbia Heights, who represents the Epilepsy Foundation. He commended Mr. Hill for his efforts on behalf of the Foundation. 6. Communications a. Planning and Zoning Commission 1. Tripp Oil Company, Inc., 3955 University Avenue, Conditional Use Permit Amendment The requested amendment to the conditional use permit would involve the relocation of the existing fuel pumps, construction of a canopy, and installation of new curb cuts. The Planning and Zoning Commission recommended approval of the amendment subject to the State Fire Marshall's Office and Fire Department approving the new fuel tank and pump locations. Motion by Peterson, second by Carlson to. approve the conditional use permit amend- ment as recommended by the Planning and Zoning Commission. Roll call: All ayes Jack Umland, 4935 Central Avenue, Conditional Use Permit s permit would allow the operation of a take out/delivery pizza restaurant with seating for patrons at 4935 Central Avenue. The Planning and Zoning Commission re- commends approval contingent upon seating being limited to 12 people. The Building Inspector stated that after refiguring the space seating would have to be limited to 15 people. Motion by Peterson, second by Carlson to approve the conditional use permit at 4935 Central Avenue with the understanding that seating would be for 15 people. Roll call: All ayes 7. Old and New Business a. Old Business 1. 1986 Audit Motion by Peterson, second by Paulson to retain Bergren, Holmgren, and Loberg, Ltd. to complete an audit of the City's )986 financial records at a cost not to exceed $11,000; and, furthermore, that the Mayor and City Manager be authori- zed to execute an agreement for same. Roll call: All ayes 2. Other Old Business None b. New Business JI~' Request for Temporary Signage for Schafer's Travel Center otion by Petkoff, second by Paulson to authorize the display of a portable sign at 5chafer's Travel Center, 4917 Central Avenue for the dates between October 29th and November 5th; however, such permit shall not exceed five consecutive caleddar days. Roll call: Ali ayes Regular Council Meeting October 27, 1986 page 3 Purchase of Weed and Feed for Parks Motion by Paterson, second by Carlson to authorize the purchase of 200 50-pound bags of Weed and Feed for City parks from Howe, Inc., at a unit price of $10.90, totalling $2,180 delivered, based upon low, Informal quotation; and, furthermore, that the Mayor an~ City Manager be authorized to execute an agreement for same. Roll call: All ayes 3. Authorization to Purchase Publicity Services and Materials Regarding the City's Recycling Program The City Manager reviewed the proposed plan for the recycling program promotion. He advised the Council that the materials included in this promotion would probably be sufficient for a three year project. Motion by Peterson, second by Paulson to authorize the purchase of publicity services and materials from Henning and Associates of Columbia Weights at a total cost not to exceed $2,877; and, furthermore, that the Mayor and City Manager be authorized to execute the contract for same. Roll call: All ayes 4. Purchase of Lumber for Hockey Rink Maintenance Motion by Carlson, second by Paterson to authorize the purchase of .6 treated lumber for the repair of hockey rinks from Smith Lumber Company in the amount of $2,772.80; based upon low, informal quotation. Roll. call: Ali ayes 5. Change Orders for John P. Murzyn Hall - Renovation and Addition Requests for two change orders are being made. Change order #G-17 has three parts as does change order #M-9. Parts 1 and 2 of each change order deal with lowering re facilities in the pre-school room in Murzyn Hall. The facilities in question e the sinks and a drinking fountain. There was a lengthy discussion regarding why these facilitles were installed at an inappropriate height. The third part of the change orders dealt with the removal of the door closers on the dutch doors and installation of surface bolts to lock the two doors together. Motfon by Peterson, second by Carlson that parts 1 and 2 of Change Order ~GLi~ be done in-house and that part 3 be discounted to $60.00 and an adjustment to the overhead and profit be made accordingly. Roll call: All ayes Motion by Peterson, second by Carlson to authorize the Mayor and City Manager to execute Change Order #M-9 for Air Conditioning Associates, Inc. in the amount of $2,140. Roll call: Paulson, Petkoff, Carlson, Peterson- aye Nawrocki - nay 6. Other New Business Mayor Nawrocki inquired if any additlonal information had been gotten regarding a concern expressed by a resident who had received an HRA loan or grant. The City Manager had pursued additional information from HRA staff but had not as yet re- ceived that information. The Mayor requested this information be gotten in the next week rather than wait for the next regular Council meeting. 8. Reports a. Report of the City Manager The City Manager's report was submitted in written form and the following items were discussed: 1. Senior Outreach Program: The Mayor noted that more information would be needed on this matter and requested that some type of monitoring of this program be done. 2. Air Conditioner at John P. Murzyn Hall: Mayor Nawrocki noted that this problem appears no closer to being solved than when first reported. The Public Works Regular Council Meeting October 27, 1986 page 4 Director advised the Council that payment to the mechanical contractor for Murzyn Hall is being withheld until this problem has been solved satlsfactorily. 3. Drainage Eminating From 1101 Pierce Terrace: The Council had a lengthy discussion with staff regarding whether or not the code requirements on this project have been met. It was decided that the Council would view this project on Saturday, November 1st. Sullivan Lake Development Proposals: The Council will view various projects of one of the developers on Saturday, November 1st. 5. Miller & Schroeder Financial Inc. - Refunding of General Obligation Bonds of 1985, Series B: The City Manager recommended that the refunding authorization not be given at this time. He anticipates that interest rates will continue to drop further in the future. 6. Upcoming Special Assessment Hearing: At this hearing the Council will be con- sidering improvements to an alley which includes 160 feet owned by the City of Minneapolis, Whether or not to assess the City of Minneapolis w$11 be discussed at a Council work session, 7. Pavement Management System - Public Works Department: Staff was requested to gather additional information on this matter for the .Council. 8. Evaluation of Structural Integrity of Municlpal Service Center ~ain Floor: Two bids have been received to do the testing of this floor. The Council was advised that the Iow bidder was Twin City Testing in the amount of $850.00. The analysis and evaluation will be done by the City. is Assistant City Engineer. Offer to Purchase Property at 2224 Malden Lane: A developer had expressed interest in purchasing this parcel for his clients. He has withdrawn his offer to purchase as his clients chose not to expend any money to improve the parcel for building a home. He i.s still interested in the parcel and may re-instate his offer if he locates someone interested in building. 10. Notice of Public Hearing: The Council received a notice of a public hearing being held on November 5th by the Board of Appeals. This hearing is to review the Building Administrator's decision to deny a request to allow a professional massage center to be located in the building at 838 40th Avenue. Mayor Nawrockl stated if perchance the Board of Appeals were to override the Building Adminis- trator's denial he wished for this matter to be brought before the City Council. 11. Traffic Accidents on 37th and Central Avenues: A memo from the Police Chief was distributed to the Council with data from January 1, 1978 to August 31, 1986 regarding traffic accidents at the intersection of 37th and Central Avenues. This matter wi11 be the subject of a Council work session. 12. Driveway Problem: The Council and staff received a letter from the resident at 37th and Polk Street regarding the dlfficult situation he is having with his driveway directly off the alley. It was suggested that Counellmembers view this driveway. b. Report of the City Attorney The City Attorney had nothing to report at this time. ''Regular Council Meeting October 27, 1986 page 5 Licenses )tion by Peterson, second by Carlson to approve the licenses as listed upon payment of proper fees. Roll call: All ayes The owner of Mr. Steak Restaurant of Columbia Heights has applied for a 1.i~Ited liquor license and has requested the investigatory fee of $500 be waived as the ownership is being changed simply by being reduced from two stockholders to one, that one being one of the'original stockholders. The City Attorney stated this request for waiver must be done by resolution. Motion by Peterson, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-64 BEING A RESOLUTION AUTHORIZING THE WAIVER OF INVESTIGATIVE FEE WHEREAS, The Council authorizes the waiver of the total investigative fee for the Mr. Steak Restaurant located at q545 Central Avenue N.E., Columbia Heights, Minnesota, noting that the reorganizing of the corporation if being accomplished by the reduction of two stockholders to one stockholder and the remaining stodkholder is one of the original stock- holders NOW, THEREFORE BE IT RESOLVED that the investigative fee of $500 be waived. Passed this 27th day of October, 1986. l~fered by: Peterson Seconded by: Petkoff Ro11 ca11: All ayes Jo-Anne Student, Council Secretary Mayor Bruce G. Nawrocki 10. Payment of Bills Motion by Paulson, second by Petkoff to pay the bills as listed out of proper funds. Roll ca11: All ayes Resolution No. 86-62; Resolution Approving the Change in Control of Group W Cable of Columbia Heights/Hilltop, Inc. Gary Matz, legal counsel to the City on cable matters, brlefly reviewed the resolution and distributed a revised page of the resolution. The revisions were minor and were underlined. Counsel to North Central Cable Communications Corporation reviewed the changes and other portions of the resolution. Mayor Nawrockl was not supportive of the resolution and noted that the Financlal Plan as presented may not be viable and he felt the company would eventually have financial problems. Councilmember Petkoff requested Matz to review the Council's opitions with regard to this resolution. It was her observation that if the resolUtion, were not passed by the Council the result would be a costly court situation. Motion by Petkof~, second by Peterson to waive the reading of the resolution there being ample copies available to the public. Roll call: Al1 ayes RESOLUTION NO. 86-62 ~OLUTION APPROVING THE CHANGE IN CONTROL OF GROUP W CABLE OF COLUMBIA HEIGHTS HILLTOP, INC. 'Regu'lar ~ouncil Meeting October 27, 1986 page 6 IEREAS, WHEREAS, the City of Columbia Heights (hereinafter "City") awarded a cable communications franchise (hereinafter "Franchise") to Group W Cable of Columbia Heights/Hilltop, Inc.; and Group W Cable, Inc. owns eighty-four percent (8q~) of stock of Group W Cable of Columbia Heights/Hilltop, Inc.; and WHEREAS, the City, in granting the Franchise, considered and approved Group W Cable of Columbia Heights/Hilltop, Inc.'s technical ability, financial condition and legal qualifications in a full public proceeding which afforded reasonable notice and a reasonable opportunity to be heard; and, WHEREAS, Minnesota law and the Franchise prohibit a change in control of Group W Cable of Columbia Heights/Hilltop, Inc. without prior consent of the City; and, WHEREAS, the City is in receipt of a NOTICE and REQUEST FOR APPROVAL OF SALE OF STOCK from Group W Cable, Inc., Group W Cable of Columbia Heights/Hilltop, Inc. and North Central Cable Communications Corporation (hereinafter "North Central"); and, WHEREAS, the Franchise states that the City may inquire into the qualifications of the prospective controlling party; and, WHEREAS, the City has undertaken a process and requested certain information from North Central to document North Central's technical ability, financial condition and legal qualifications; and, WHEREAS, the City has conducted a public Hearing that afforded reasonable notice and a reasonable opportunity to be heard and the process has, in all respects, ccxnp]ied with applicable law; NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights, Minnesota as follows: 1. The Franchise held by Group W Cable of Columbia Heights/Hilltop, Inc. is valid and in full force and effect. 2. The City hereby waives any right of first refusal to purchase the stock of Group W Cable of Columbia fleights/Hilitop, Inc. but only as that right of first refusal applies to the transaction now pending before the City. 3. The technical ability, financial condition and legal qualifications of North Central as they apply on the acquisition of a controlling interest and the operation of Group W Cable of Columbia Heights/Hilltop, Inc. is hereby approved. The City consents to and approves the change of control of Group W Cable of Columbia Heights/Hilltop, Inc. from Group W Cable, Inc. to North Central, subject to the closlng Of the purchase of stock and on the foliowlng conditions: A. North Central shall, within thirty (30) days of the date set forth below, submit to the City a certificate duly executed and acknow- ledged by the Chief Executive Officer or Chief Financial Officer Regular Council Meeting October 27, 1986 page 7 of North Central stating: 1. The officer has read and understands the financial proformas (hereinafter "Business Plan") of North Central that have been submitted to the City. 2. The Business Plan has been prepared in good faith and repre- sents management's professional judgement of the future per- formance of North Central; and The Business Plan, based on management's professional judge- ment, is reasonable and achieveable in light of the market- place. B. North Central shall, within thirty (30) days of the date set forth below, enter into a Guaranty Agreement in substance, form and manner acceptable to the City which guarantees performance of all the obllgations of Group W Cable of Columbia Heights/ Hilltop, Inc. under the Franchise. C. Together with those documents described in paragraphs (Al and (Bi above, North Central shall pay all reasonable costs and expenses incurred by the City as a result of the review and ap- proval of this transaction. D. In the event North Central fails to comply with any of the re- quirements set forth in paragraphs (Al through (C) within the time specified, unless the time is extended by the City, this RESOLUTION and any and all approvals, set forth herein shall be null and void. 5. North Central and/or Group W Cable of Columbia Heights/Hilltop, Inc. may grant to its lenders a security interest or lein on any or all of the cable, wires, and equipment of the System, the Franchise and its other tangible and intangible assets, both real and personal, including a pledge of the stock of North Central and/or Group W Cable of Columbia Heights/Hilltop, Inc. to secure the borrowing of North Central from such lender or lenders; provided, however, nothing contained herein shall limit in any way the rights or autho- rity of the City under the Franchise. 6. North Central shall, within fourteen (lq) days after the closing on the purchase of stock or the granting of any security interest or lien, file with the City a copy of the deed, ageement, mortgage, lease or other written instrument evidencing such security interest, lien, sale or transfer of ownership or control, certified and sworn to as correct by North Central. 7. In the event North Central fails to close.with Group W Cable, Inc. on or before December 31, 1986, unless such time is extended by an affirmative vote of the City, this RESOLUTION and any and all ap- provals contained herein shall be null and void. Passed this 27th day of October, 1986. Regular Council Meeting October 27, 1986 page 8 ATTEST BY: Robert S. Bocwinski (si~.) Its City Manager Bruce G. Nawrockl Its Mayor Offered by: Seconded by: Roll call: Petkoff Peterson' · Paulson, Petkoff, Carlson, Peterson - aye Nawrocki - nay Councilmember Paulson inquired if the counsel for North Central had drafted the letter addressing the moratorium. Counsel Erickson stated he had not at this point in time but would and send it to Gary Matz. Motion by Paulson, second by Peterson to ad] me :0 . Roll call: All ayes L /~Anne Student, CouncT1- Secretary