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HomeMy WebLinkAboutMay 12, 1986OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL ~EGULAR COUNCIL MEETING 12, 1986 The meeting was called to order by Mayor Nawrocki at 7:30 P.M.. 1. Roll Call Paulson, Petkoff, Carlson, Peterson, Nawrocki - present 2. Invocation There were no invocators available. 3. Minutes Approval Motion by Petkoff, second by Paulson to approve the minutes of the Continued Board of Review of April 28th, and the Regular Council Meeting of April 28th, as presented in writing and that the reading be dispensed with. Roll call: All ayes 4. Oral Petitions There were no oral petitions. 5. Ordinances and Resolutions a. First Reading of Ordinance No. l125 Regarding Certain Group W Activities Mayor Nawrocki inquired what advantages the changes being proposed with this ordi- nance would have for cable subscribers. Gary Matz, legal counsel to the City on cable matters, listed the following advantages: 1. The headend in Columbia Heights would be closed and would originate in the Roseville studio which would result in better picture quality for Columbia Heights subscribers. 2. The technical standards would be improved. 3. There would be additional programming. 4. The financial reporting would be improved, and 5. Subscribers would have input on programming via a survey which would be dist- ributed to them as well as input on the methods for handling complaints. Matz noted that the advantages to the cable company offered by this ordinance would be certain consolidation of staff dependent on City review and the deferral of inter- active services which at the present time are not feasible. Mayor Nawrocki inquired how binding these changes would be. Matz referred to that section of the ordinance which addressed operational standards and observed that Group W has committed to standards not required. Noting that cable technology is improving regularly Mayor Nawrocki inquired if the City would have any grounds on which to require Group W must improve also. Matz referred to a section of the ordi- nance which states they would. Matz stated that the ordinance is quite clear that the local access of Group W Cable wilt remain in the City of Columbia Heights. Mayor Nawrocki questioned a point of prior negotiations regarding the convertor which many subscribers have been experiencing problems. It had been suggested that a replace- ment convertor had been sought. Matz stated that a replacement convertor had been decided against since it would not have the remote capabilities. It was determined that Group W would improve on the maintenance of the convertor presently being used. Councilman Paulson inquired if the survey discussed would be reviewed by the City Council before it is mailed out to subscribers. Matz advised it will be reviewed by the Cable Communications Commission. Postage will be paid by Group W Cable and the survey will be returned either to the City Council or to Group W depending on the Council's wishes. Motion by Peterson, second by Carlson to waive the reading of the ordinance there Regular Council Meeting May 12, 1986 page 2 ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1125 AN ORDINANCE AMENDING ORDINANCE NO. 853 ESTABLISHING CONDITIONS FOR THE RELEASE AND/OR REDUCTION OF CERTAIN BONDS; DEFERRING THE PROVISIONS OF CERTAIN BONDS; AUTHORIZING THE CONSOLIDATION OF CERTAIN GROUP W ADMINISTRATIVE FUNCTIONS. THE CITY OF COLUMBIA HEIGHTS, MINNESOTA DOES ORDAIN: SECTION 1. That Article l, Section 5, Subdivision 1, of said Ordinance be amended to read as follows: 11.105(1) System Design The Grantee shall provide a system serviced by a headend in the City of Roseville feeding a single-cable subscriber network and a separate mid-split institutional network. Both networks shall utilize 400 MHz equipment, fully activated for two- way transmission. The extension from the headend in Roseville shall utilize feed-forward FM tech- nology. The extension shall consist of not more than twenty-eight (28) amplifiers spaced at twenty-two decibals (22db). The headend used to service City shall be constructed, operated and maintained with the following equipment: Scientific - Atlantic Model Scientific - Atlantic Model Scientific - Atlantic Model RCA CTM20 Model Modulators 9O-O4O0 6650 Video Receivers 6350 Modulators 6150 and 6150 PL Signal Processors Texcan Standby Power Supply Model 90-0300 and Model Section 2: That Article 1, Section 5, Subdivision 2, of said Ordinance be amended to read as follows: 11.105(2) The Grantee shall design and construct the system so that at least the following locations may originate and transmit video, audio and data signals on any subscriber or institutional network: the fire and police station, the Colum- bia Heights Public Library, the fire department training classroom, all public and private elementary and secondary school buildings, the Department of Public Works, the Columbia Heights City Hal1, Parkview Villa, Murzyn Hall, Huset Park Bandshell, High School Stadium, Columbia Heights Municipal Service Center, Munici- pal Liquor Stores within the 3ity, Columbia Heights' city park activity centers, community centers and other locations as may be designated by the City. Grantee further agrees to include North Park Elementary School in the institutional new- work at such time as allowed by law. All locations mentioned shall each receive a modulator at no cost, except that the municipal liquor bar and park activity centers shall share the use of two modulators. Grantee shall provide a separate 16 mile institutional network, with 38 activated downstrean channels and 16 activated upstream channels for use by city government, schools and other local Columbia Heights institutions and businesses. Locations of the institutional network facilities are shown on "Institutional Network Faci- lities Locations'l listing which is attached hereto as Exhibit A and incorporated by reference. R~gu'lar Council Meeting May 12, 1986 page 3 Grantee shall, at~ its own expense, be responsible for maintaining, repairing, replacing, and adjusting the institutional network and all necessary equipment including, but not limited to, modulators and processors. The Grantee shall extend the instituional network to institutions or users not described above upon request of that institution or user and the payment of the necessary construction cost. Necessary construction cost is defined as including plant make ready and all labor and material costs necessary to construct and activate that part of the institutional network commencing at the nearest useable point of existing plant and running to the user. Construction shall be completed and service made available to the requesting institution or user within sixty (60) days of the institution's or user's payment of the necessary construction cost, unless the parties otherwise agree on a different schedule. Section 3: That Article l, Section 5, Subdivision 15, of said Ordinance be amended to read as follows: 11.105(15) Emergency Override The Grantee shall provide an audio and video emergency alert override system in- cluding the provision of equipment to the official or officials designated by the City to activate the system. Grantee shall provide at no additional cost to subscriber an audio or visual alarm unit which will alert subscribers to an emergency situation whether or not the television set is turned on. rantee shall work and cooperate on a continuing basis with City and its designees o ensure that the audio and video emergency alert override system is operating to the reasonable satisfaction of City. Section 4. That Article 1, Section 7 of said Ordinance for Access Programming Access Programming Minimum Facilities The Grantee shall make make readily available for public use at least the minimal equipment necessary for the production of programming and playback of prerecorded programs for the specifically designated noncommercial public access channel. The Grantee shall also make readily available, upon need being shown, the minimum equip- ment necessary to make it possible to record programs at remote locations with battery operated portable equipment. Need be determined by subscriber petition. The petition must contain the signatures of at least 10 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, the two-camera color van and the master control as described in Section ll.106(1)(A) at times determined in the operating rules to be developed by the Grantee and the City or its designate. In addition, Grantee shall provide two portable VTR/cameras, and an audio studio for access use. These facilities will be supplied with equipment shown in the Grantee's letter of 9/28/81 and accompanying 15 pages specifying local program production equipment and facilities, a copy of which is attached hereto as Exhibit G. The total capital inve~,~ment for the portable VTR/cameras and audio studio shall be a minimum of $27,700 in Year 1. Capital for access and local origination equipment replacement in Year 10 shall be a minimum of $118,000. Maintenance budgets for access and local origi- tion equipment shall be a minimum of $5,000 in Year l, $7,000 in Year 3, $8,000 in Year 5 and $13,000 in Year 10. Notwithstanding anything to the contrary, Grantee shall be responsible, at its own expense, for maintaining, repairing, adjusting, and replacing all public, educa- tional, and governmental access equipment provided by Grantee. Grantee is hereby Regular Council Meeting May 12, 1986 page 4 relieved of the requirement to have a mobile production van exclusively for access users in the City. A mobile production van shall be available, howew~r, for public access users upon thirty (30) days advance written request. In lieu of the mobile production van, Grantee shall make available by June 1, 1986 one (1) 2-camera switcher for use by public access users. The switcher shall be capable, at a mini- mum, of handling two (2) cameras. Grantee and City shall review the availability of a mobile production van, similar to that specified in the Code, on an annual basis to determine whether the need exists for a mobile production w~n dedicated exclusively for public access use. Grantee shall abide by the decision of the City. Section 5. That Article l, Section 6 of said Ordinance be amended to read as follows: 11.106 System Services The Grantee shall provide as a minimum those services proposed in Grantee's ap- plication, 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, any vacant channels or underutilized channels shall be programmed with available non-duplicated audio-video satellite programming selected at the sole discretion of Grantee. For the purpose of this paragraph, underutilized channels means those channels without programming for eighteen (t8) or more hours a day, seven (7) days a week, other than public, educa- tional or governmental access channels. One-half of these channels shall be pro- grammed with available 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 time of acceptance of this Ordinance. Section 6. That Article 1, Section 8 of said Ordinance be amended to read as follows: 11.108 Interactive Services The Grantee shall offer subscribers a home security system including fire detection and medical alert options. The security system must be designed to operate so that the first signal is sent to an intermediary who will verify that the alert is a true emergency prior to notifying the appropriate emergency service. The Grantee will provide at system activation a full-channel videotext infor- mation retrieval service, equipment for subscribers to send data messages to the system and for interactive education. Notwithstanding anything to the contrary, the requirement to immediately provide the above-described interactive services is temporarily deferred subject to the following: (A) Grantee shall, as part of the annual report, report in writing the current technical feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code, but not currently made available to subscribers; and (B) Grantee shall, in the event Grantee or any parent, subsidiary', related corporation, affiliated corporation, partner or joint venture of Grantee, its parent or any of its subsidiaries makes available any interactive service to subscribers of a System in Minnesota, report in writing within sixty (60) days of the provision of such service the current technical R~g~lar Council Meeting May 12, 1986 page 5 feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code but not currently made available to subscribers; and (C) Grantee shall, within sixty (60) days of achieving a forty-five percent (45%) Basic Service, as defined herein, penetration, report in writing, the current technical feasibility and financial reasonableness of the interactive services set forth in the Cable Communications Code but not currently made available to subscribers. At any review session described in paragraphs (A) (B) or (C) above, Grantee shall bear the burden of establishing, to the satisfaction of City, that the provision on interactive services is not technically feasible or financially reasonable. Should Grantee fail to establish, to the sole satisfaction of the City at any such review session, that the provision of interactive services in not technically feasible or financially reasonable, the City may request Grantee to provide such services within sixty (60) days and Grantee shall comply with any such request. The sixty (60) days may be extended by the City upon a reasonable showing of need by Grantee. If this section or any of its subsections are deemed inenforceable under federal or state law or the implementation of its requirements are deemed illegal or un- enforceable under federal or state law, then, to that extent, this Section will be of no effect and the pertinent provisions of the Cable Communications Code as it existed immediately prior to the enactment of this Ordinance Amendment is auto- matically reconstituted and shall be of full force and effect. Section 7. That said Ordinance be amended by adding an Article 1, Section 9, Sub- division 4 reading as follows: 11.109(4) Non-Regulated Rates Prior to implementing any rate increases 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: (A (B At least sixty (60) days advance written notice to City together with such supporting documentation as Grantee in its sole discretion determines ap- propriate; At least thirty (30) days advance written notice to subscribers of that service, and (C Carriage of an announcement of the rate increase on one channel twenty four (24) 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. Section 8. That Article 1, Section 13, Subdivision 4, of said Ordinance be amended to read as follows: 11.113(4) Bonds (A) At the time the franchise becomes effective, the Grantee shall file with the City Manager, and shall maintain during the construction period of the System, and until Grantee has liquidated all of its obligations with the City, the following bonds: Regular Council Meeting May 12, 1986 page 6 (1) A labor and material payment bond in the sum of $1,000,000, guaranteeing payment by the Grantee of claims, liens 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 $1,000,000 conditioned upon the faithful performance of Grantee of all of the terms and conditions of the ordinance and upon the further condition that, in the event the Grantee shall fail to comply with any law, ordinance, rule or regulation 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 removal or abandonment of pro- perty 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 main- tain 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 arise by reason of the construction, 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 ordinance and upon the further condition that is the event the Grantee shall fait 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 suf- fered by the City as a result, including the full amount of any compensation, indemnification, or cost of removal and 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. 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. E) The bonds shall contain the following endorsement: "It 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 14 hereof the Grantee may: (1) Extinguish the labor and material payment bond described in paragraph (B)(1) above; and (2) Reduce the faithful performance bond described in paragraph (B)(2) above to the penal sum of $100,000. Regular Council Meeting May 12, 1986 page 7 SECTION 9. That Article I, Section 14 of said Ordinance be amended to read as follows: ll.ll4 Interruption of Service and Complaint Procedure. (A) The Grantee shall put, keep and maintain all parts of the System in good con- dition throughout the term of the franchise. Service to subscribers shall not be shut off or interrupted by Grantee except when necessary, and then only during periods of minimum use of the System. Unless such interruption is unforeseen or immediately necessary, Grantee shall give 48 hours notice thereof to affected subscribers. All costs incurred in repairing system shall be borne by Grantee. If service is interrupted for more than 24 hours, subscriber shall be credited on a pro rata basis for such interruption. In all cases, the cause of interruption of service shall be removed and remedied by Grantee as promptly as possible. (B) Grantee shall maintain an office in the City, or other location as approved by the City Council, which shall be open during normal business hours and in no event less than from 9:00 a.m. - 5:00 p.m. Monday - Friday exclusive of legal holidays. Further, said office shall have a publicly listed local telephone and shall be so operated to receive complaints and requests for repairs or adjustments on a twenty-four (24) hour a day basis, seven (7) days per week. This office shall have sufficient telephone service to permit subscribers to communicate with Grantee without excessive delay. Notwithstanding any- thing to the contrary, Grantee shall maintain customer service hours from 9:00 a.m. to 9:00 p.m. for telephone inquiries. The use of an answerina machine answering service or similar instrument shall not meet the requirements of the preceeding sentence. Notice of this information shall be provided to all new subscribers at the time of subscription and to existing subscribers annually. (C) All complaints by City, subscribers, or other persons regarding the quality of service, equipment malfunction, billing disputes, and any other matters relative to the system shall be investigated and responded to by a service representative of Grantee within 24 hours. If the complaintant is not satis- fied by the action taken by the Grantee, the complaintant shall file a com- plaint with the City Council or its designate. Grantee must provide the City Council or its designate with a statement of the action taken to resolve the complaint and/or to preclude any recurrence of the complaint. The City Council or its designate shall cooperate with the company in rectifying the complaint. (D) Grantee shall employ repair technicians capable of responding to and resolving requests for repair service within 24 hours following receipt of the subscriber complaint or request for repair service. Request for repairs or adjustments received prior to 2:00 p.m. shall be responded to the same day. In no event shall the reponse time for calls received after 2:00 p.m. exceed 24 hours. Service shall be restored as promptly as possible, and in all cases within three calendar days from receipt of the request for repair service. The cost of repair service maintenance of the system shall be borne by Grantee. If service is not restored within 24 hours, the subscriber shall be credited on a pro rate basis for such loss of service. (E) Grantee shall prepare and maintain a record of all complaints made to Grantee. This record shall indicate the nature of each complaint, the date and time of receipt, the disposition of said complaint and the time and date thereof. This record shall be made available for inspection upon request by the City. Regular Council Meeting May 21, 1986 page 8 (F) Grantee shall maintain the system as set forth in Form 1, pages 30 - 30f of its proposal submitted May 6, 1981, and shall handte service complaints as set forth in Form 1, pages 31 - 3lb of its proposal submitted May 6, 1981. SECTION 10. That Article 1, Section 15, Subdivision (D) of said Ordinance be amended to read as follows: ll.lt5(D) Annual Reports (1) Grantee shall file with the City Manager a certified annual report, on or before March 31 in each calendar year for the preceeding calendar year ending December 31. The annual report shall include the following: (a) A statement summarizing the previous year's activities in development of the system, including services commenced and terminated, and subscribers gained or lost; (b) A financial statement including a statement of income, revenues, operating expenses, value of plant, annual capital expenditures, depreciation schedule, interest paid, taxes paid, balance sheet and a statement of sources and uses of funds certified by an officer of Grantee and in a format approved by City. Such format shall be in the same format as any pro formas submitted by the Grantee. (c) A current statement of cost of construction by component category; (d A statement of construction planned for next year; (e A statement regarding complaints, identifying the number, nature and disposition; (f A current list of the names and addresses of each officer and director of Grantee; (g A statement of current b~illing practices; (h) A current copy of rules of Grantee; (i) A current copy of the subscribers service of Contract of Grantee; (j) Results of system performance tests, including a descriptive narrative, conducted within the previous one hundred and twenty (120) days for the purpose of verifying technical standards set forth at Section 13 hereof at such sites as were used to determine completion of construction pur- suant to Section 15 hereof. In the event the technical standards of Section 13 hereof were not met, Grantee shall further report in writing what steps are being taken to meet said standards. A representative of City may, upon request of City, accompany Grantee at the time such tests or repeat tests are conducted. (k) Results of the Annual Subscriber Survey. (1) A marketing plan, including specific goals and projections, together with a reconciliation of projections and actual results from the previous year. RegUlar Council Meeting May 21, 1986 page 9 'ION ll. That Article l, Section 15, Subdivision (E) of said Ordinance be amended to read as follows: ll.ll5(E) Location and Availability of Books and Records of Grantee (t) The Grantee shall maintain an office in the City or other locations as approved by the City, for so long as it continues to operate the system or any portion thereof and hereby designates that office as the place where all notices, direc- tions, orders and requests may be served or delivered under the franchise. (2) The requirement in paragraph one (1) above shall be temporarily deferred in order to allow Grantee to consolidate the following operations with the cable television system serving the North Suburban Cable Service Territory: Plant manager, technicians, marketing, administration, programming All access employees shall remain at the Columbia Heights public access studio. (3) The consolidation described in (2) above shall be reviewed by City upon the happening of any one or more of the following: (a) Grantee achieving a forty-five percent (45%) Basic Service penetration; or (b) The third anniversary of this Ordinance amendment; or (c) System-wide outages exceeding twenty-four (24) hours per any twelve (12) month period as determined by City. (4) At any review session described in paragraph (3) above, Grantee shall bear the burden of establishing to the satisfaction of City that the consolidation des- cribed in paragraph (2) above is still necessary and appropriate. (5) As a result of any review session described above, City may, at its sole discretion, request a termination of the consolidation or a modification to the consolidation and Grantee shall comply with any such request including any reasonable time requirements established by City. (6) The common costs due to the above-described consolidation shall be allocated to City in an amount which bears the same ration to all the common costs of consolidation as the number of subscribers, plant mileage or homes passed in the City bears to the total number of subscribers, plant miles or homes passed in all of the systems participating in the consolidation. All costs that can be specifically identified will be allocated specifically to City. (7) If this section or any of its subscribers are deemed unenforceable under federal or state law or the implementation of its requirements are deemed illegal or unenforceable under federal or state law, then, to that extent, this Section will be of no effect and the pertinent provisions of the Cable Communications Code as it existed immediately prior to the enactment of this Ordinance Amendment is automatically reconstituted and shall be in full force and effect. Regular Council Meeting May 12, 1986 page 10 (a) The Grantee shall keep complete and accurate books of account and records of its business and operations under and in connection with the franchise in accordance w~th normal and accepted bookkeeping and accounting prac- tices for the Cable Communications industry, and allow for inspection times at designated offices. The books and records to be maintained by Grantee shall include: (1) A record of all requests for service; (2) A record of all subscriber or other complaints, action taken by Grantee, and the disposition thereof: (3) A file of all subscriber contracts: (4) Grantee policies, procedures, and company rules~ and (5) Financial records. (b) The City or any other person designated by the City Council, shall have access to all books of account and records of the Grantee for the pur- pose of ascertaining the correctness of any and all reports, and shall have authority to audit the Grantee's accounting and financial records upon 24 hour notice. The Council may examine the Grantee's officers and employees, under oath, in respect thereto. (c) Any false entry in the books of account or records of the Grantee or false statement in the reports required to be filed by the Grantee shall consti- tute a breach of material provision of the franchise. SECTION 12. That Article 1, Section 16, of said Ordinance be amended to read as follows: ll.ll6 Testing The Grantee shall provide a minimum operational standard as indicated below: (A) (B) The system shall deliver to the subscribers' terminal, a signal that is capable of producing a picture, without visual material degradation in quality. The system shall transmit or distribute signals without causing objectionable cross modulation within the cables or interfacing with other electrical or electronic networks or with the reception of other television or radio receivers in the area not connected to the network. (c) Grantee shall construct, operate and maintain the system so as to meet the following standards at the furthest subscriber: Carrier to noise 43.81 db. Composite trible beat -55.0 db. Cross modulation -55.3 db. The standards set forth above shall apply and be measured at the converter output. R~g~lar Council Meeting May 12, 1986 page ll (D) Grantee shall provide all technical employees with a minimum of forty (40) hours of technical staff training per year. (E) The Grantee shall be responsible to abate all interference arising from inter- fering signals of less than 5 volts per meter. (F) The Grantee shall be responsible for providing special testing of the system as required by the City. Cost for such special testing shall be the responsibility of the Grantee. (G) Results of any tests required by the GCC shall be filed within 10 days of the conduction of such tests with the City and the Board. (H) Grantee agrees that the technical standards set forth at paragraph (C) above have been freely offered by Grantee and Grantee or any parent, subsidiary, related corporation, partner or joint venture of Grantee, its parents or any of its subsidiaries will not assert and will oppose any assertion that the technical standards set forth in paragraph (C) above are not enforceable under federal, state or local taw. SECTION 13. That said Ordinance be amended by adding Article 1, Section 17, Sub- division (10) reading as follows: ll.ll7(lO) Annual Subscriber Survey (A) Commencing in 1987 and annually thereafter, Grantee shall, no earlier than ninety (90) days and no later than thirty (30) days prior to submitting its written annual report conduct a survey of the programming preferences and service satisfaction of all subscribers. (B) Each questionnaire shall be prepared and conducted so as to provide reliable measurements of subscriber preferences for: (I) Programming offered by Grantee at the time the poll is conducted; (2) Programming generally available to cable subscribers nationally but not offered by Grantee at the time the poll is conducted; and (3) General subscriber satisfaction or dissatisfaction with the maintenance and complaint practices of Grantee. (c) The survey documents shall be prepared and conducted in conformity with such requirements, including supervision and review of returned surveys, as the City may prescribe. (D) Grantee shall report the results of the survey in writing as part of its annual report and report what steps Grantee is taking to implement the findings of the survey. SECTION 14. That said Ordinance be amended by adding an Article l, Section 17, Sub- division (ll) reading as follows: Regular Council Meeting May 12, 1986 page 12 11.117(10) Completion of Construction At such time as Grantee has accomplished all construction, upgrading and adjustments contemplated by this Ordinance, Grantee shall so notify the City. Upon receipt of such notice the City shall have ninety (90) days to receive a written report from an inde- pendent engineer, provided, however, if the City fails to receive such a written report within the ninety (90) days the system construction shall be deemed completed. In the event an independent engineer is retained by City, system construction shall be deemed completed on the date on which the independent engineer reports positive confirmation of the following: (A) Verification of headend equipment and system extension equipment as required herein. Satisfactory test results using the technical standards set forth herein at up to twelve (12) widely separated subscriber locations selected by the independent engineer and using the following tests: (c) Signal level Hum Bandpass response of system Carrier to noise of system Picture disparities at subscriber location and headend. TASO picture quality Verification that the emergency alert system is working to the reasonable satisfaction of the City; and (D) Compliance with all applicable codes and standards. A Grantee designated engineer may accompany the independent engineer in the inspection and evaluation. In the event that any of the tests are not immediately satisfactory, the independent engineer shall orally and at the same time so inform the Grantee engineer and the Grantee engineer shall have twenty four (24) hours in which to correct the deficiency. If the deficiency is corrected within twenty four (24) hours, the subscriber location in question shall be promptly retested. Such new test results with respect to such subscriber location shall be reflected in the report of the independent engineer. The cost of the independent engineer and subsequent testing shall be borne equally by Grantee and City, provided, however, that if subsequent testing is necessary beyond the retesting described above, Grantee shall be responsible for the cost of that subsequent testing. SECTION 15. This ordinance shall be in full force and effect thirty one (31) days after its passage provided Grantee accepts this ordinance, in form and substance acceptable to City, within thirty (30) days of passage. Upon acceptance, Grantee shall be bound by all of the terms and conditions contained herein. SECTION 16. With its accpetance, Grantee shall also deliver to City true and correct copies of documents creating Grantee and evidencing the power and authority of that officer or officers accepting on behalf of Grantee. SECTION 17. With its acceptance, Grantee shall also deliver to City a certificate or affidavit acknowledged by a notary of public that the programming requirements R~g~lar Council Meeting May 12, 1986 page 13 ~et forth in Section 4 hereof have been complied with. First Reading: May 12, 1986 The second reading and public hearing is scheduled for May 27, 1986. Gary Matz, legal counsel to the City for cable matters, advised the Council that stock transfer documents are expected to be at City Hall on May 13th. These docu- ments would include a management agreement, list of the stock buyers and a cover letter from Matz summarizing the documents. Oral Petitions Glenn Getty, who lives across the street from Prestemon Park, requested the Council to move the baseball backstop to the southwest corner of the park. He told the Council that participants in the games and spectators park their cars on the streets around the park and make it difficult and dangerous for residents in the area. He and his wife expressed a special concern for the safety of children. The City Engineer advised the Council he was given a cost figure of $35,000 to move the backstop. He would verify the accuracy of this amount. Mr. Getty said he would also get a cost figure from a private contractor. Discussion followed regarding signage which would restrict parking. The Gettys will attend the next Park Board meeting to address this matter. 6. Communications Planning and Zoning Commission 1. Lotsplit, 1134 43rd Avenue, Sam Rusinyak, Jr. 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. 86-34 SUBDIVISION REQUEST I, Samuel Rusinyak, Jr. hereby request a split of PIN 36 30 24 23 0009 Legally described as: The easterly 60 feet of Lot B, Block 3, Reservoir Hills, except the southerly 30 feet thereof, Anoka County, Minnesota. * THE DESCRIPTION HENCEFORTH TO BE: 1. The easterly 60 feet of Lot 8 lying north of the south 165 feet, Block 3, Reservoir Hills, Anoka County, Minnesota * 2. The south 165 feet of the east 60 feet of Lot 8, Block 3, Reservoir Hills, Anoka County, Minnesota. Subject to road and utility easement over the south 30 feet. '"Subject to road and utility easement over the north 5 feet is not listed in the legal description nor can a record of it be located at Anoka County. This easement is necessary for 43rd Avenue and should be taken. Be it further resolved that special assessments of record in the office of the City Regular Council Meeting May 12, 1986 page 14 of Columbia Heights as of this day, against the above described property, 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 lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one (1) year of the date of Council action. PLANNING & ZONING DEPARTMENT ACTION: Approved - provided 5 foot road and utility easement is obtained. This 6th day of May, 1986. Offered by: Peterson Seconded by: Nixon Roll call: All ayes Samuel Rusinyak, Jr. Signature of Owner, Notarized 1134 43rd Avenue N.E. Col. Hts., Mn. Owner's Address Telephone No. 788-8924 Subscribed and sworn to before me this 31st day of March, 1986. LeRoy Goranson, Zoning Officer CITY COUNCIL ACTION: Sharon R. Kiekenapp Notary Public Approved This 12th day of May, 1986. Offered by: Peterson Seconded by: Carlson Roll call: All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student Secretary to the Council 2. Special Purpose Fence, 1332 45½ Avenue, Cheryl Rehnelt Ms. Rehnelt is requesting this fence for privacy. Her neighbor at 1326 45½ Avenue objects to this fence because it will cut off her view of the park adjacent to Ms. Rehnelt's home. She understood the request but feels the fence could be lower so as not to block her view of the park. Discussion followed regarding allowing the fence and not blocking the neighbor's view of the park. Motion by Peterson, second by Petkoff to grant a special purpose fence to Cheryl Rehnelt for the construction of a six foot high alternating board fence or other relatively non-climable board fence made of approved building materials commencing at a point inside the west property line even with the rear of the house located on the premises and extending 26 feet to the south 4 foot high fence extending from the 6 foot fence to the rear proprety line and an additional 22 feet of a 4 foot high fence in a southerly direction. Councilmember Peterson had suggested a com- promise for the neighbors by having the fence be lower where the deck of the neighbor at 1326 45½ Avenue ends so the view of the park would not be blocked. Roll call: All ayes 3. Lotsplit, 4008/10 Cleveland Street Lotsplit, 4014/4016 Cleveland Street Regular Council Meeting May 12, 1986 page 15 It was noted that these lotsplits must be recorded with the County Auditor within one year. Motion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-35 SUBDIVISION REQUEST Fee: $10.O0 Date Paid: 4-16-86 Receipt No.: 14019 I, Gerald Ingaldson hereby request a split of PIN 36 30 24 41 0060 legally described The south seventy three (73) feet of the north two hundred nineteen (219) feet of Lot 4, Block 6, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota THE DESCRIPTION HENCEFORTH TO BE: 1. The south seventy three feet, except the north five feet of the north two hundred nineteen feet of Lot 4, Block 6, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota. i. The north five feet of the south seventy three feet of the north two hundred ineteen feet of Lot 4, Block 6, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota. (TO BE COMBINED WITH PROPERTY AT THE NORTH) 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, 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 lotsplit given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Auditor within one year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Approved This 6th day of May, 1986. Offered by: Peterson Seconded by: Marko Roll call: All ayes ,.eRoy Goranson, Zoning Officer Gerald G. Ingaldson Signature of Owner, Notarized 6777 7th Street N.E., Fridley, Mn. Owner's Address Telephone No. 571-3467 Subscribed and sworn to before me this 16th day of April, 1986. Sharon R. Keikenapp Notary Public Regular Council Meeting May 12, 1986 page 16 CITY COUNCIL ACTION: Approved This 12th day of May, 1986. Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Jo-Anne Student Secretary to the Council This resolution shall be. effective only upon and after the documents effectuating this split, the split described on Resolution No. 86-36 (receipt No. 14020) and the combination requested by Leonard E. Jerzak and Lew A. Rask shall be filed with the County Recorder Mayor Bruce G. Nawrocki Motion by Petkoff, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION NO. 86-36 SUBDIVISION REQUEST Fee: $10.00 Date Paid: 4-16-86 Receipt No: 14020 I, Gerald Ingaldson hereby request a split of PIN 36 30 24 41 O061 legally described as: The south seventy three feet of the north one hundred forty six feet of Lot 4 Block 6, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Min- nesota THE DESCRIPTION HENCEFORTH TO BE: 1. The south seventy three feet, except the north nine feet of the north one hundred forty six feet of Lot 4, Block 6, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota. 2. The north nine feet of the south seventy three feet, of the north one hundred forty six feet of Lot 4, Block 6, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota. (TO BE COMBINED WITH PARCEL TO THE NORTH) 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, in the amount of S - 0 be divided. Paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lotsplit given approval shall become invalid if the resolution, motion or other Council action approving the said lotsplit is not filed with the County Auditor within one year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Approved This 6th day of May, 1986. This resolution shall be effective only upon and after the documents effectuating this split, the split described on Resolution No. 86-35 (receipt No. 14019) and the combination requested by Leonard E. Jerzak and Lew A. Rask shall be filed with the County Recorder Regular Council Meeting May 12, t986 page 17 Offered by: Nixon Seconded by: Peterson Roll call: All ayes LeRoy Goranson, Zoning Officer CITY COUNCIL ACTION: Approved This 12th day of May, 1986. Offered by: Petkoff Seconded by: Paulson Roll call: All ayes Jo-Anne Student Secretary to the Council Gerald G. Ingaldson Signature of Owner, Notarized 6777 7th Street N.E., Fridley, Mn. Owner's Address Telephone No. 571-3467 Subscribed and sworn to before me this 16th day of April, 1986. Sharon R. Kiekenapp Notary Public Mayor Bruce G. Nawrocki 4. Lotsplit, 1419 42nd Avenue and 1410 42½ Avenue This is City-owned property being sold to David and Marlaine Szurek whose property is adjacent to the parcels. otion by Petkoff, second by Paulson to waive the reading of the resolution there being le copies available to the public. Roll call: All ayes RESOLUTION NO. 86-37 SUBDIVISION REQUEST I, Robert Bocwinski, Columbia Heights City Manager hereby request a split of PIN 36 30 24 0136 legally described as: Lots 49 and 50 except the east 90 feet of the south 130 feet of said Lot 50, as measured along the south and east lines, respectively, of said Lot 50, and except that part of the north 175 feet of said Lots 49 and 50 lying westerly of a line drawn from a point on the north line of said Lot 49 distant 27.42 feet east of the northwest corner of said Lot 49 to a point on the south line of the north 175 feet of said Lot 50 distant 20 feet east of the southwest corner of the north 175 feet of said Lot 50, all in Block 3, "Reservoir Hills" Columbia Heights, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. Lots 49 and 50 except the east 90 feet of the south 130 feet of said Lot 50, as measured along the south and east lines, respectively, of said Lot 50, and.except that part of the north 175 feet of said Lots 49 and 50 lying westerly of a line drawn from a point on the north line of said Lot 49 distant 27.42 feet east of the northwest corner of said Lot 49 to a point on the south line of the north 175 feet of said Lot 50 distant 20 feet east of the southwest corner of the north 175 feet of id Lot 50 and except the south 140 feet of Lot 49, and except the south 140 feet the west 20 feet of said Lot 50; All in Block 3, "Reservoir Hills" Columbia Heights, Anoka County, Minnesota. Regular Council Meeting May 12, 1986 page 18 Reserving and subject to a roadway and utility easement in favor of the City of Columbia Heights, a municipal corporation, over that part lying within 45.00 feet of a point on the north line of said Lot 49, distant 33.54 feet east of the northwest corner of said Lot 49, and an additional utility easement for storm sewer across the north 15.00 feet of said Lots 49 and 50 not lying within previously described roadway easement. All in Block 3, "Reservoir Hills" Columbia Heights, Anoka County, Minnesota. 2. The south 140 feet of Lot 49 and the south 140 feet of the west 20 feet of Lot 50; all in Block 3, "Reservoir Hills" Columbia Heights, Anoka County, Minnesota. 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, in the amount of $ 0 - be divided. Paid. Any pending or further assessments will be levied according to the new lotsplit as approved this day. Any lotsplit given approval shall become invalid if the resolution, motion or other action of the Council approving the said lotsplit is not fi]ed with the County Auditor within one year of the date of the Council action. PLANNING AND ZONING DEPARTMENT ACTION: Approved - Provided the 10 foot easement right-of-way along 42nd Avenue is obtained for roadway purposes. This 6th day of May, 1986. Offered by: Szurek Seconded by: Nixon Roll call: All ayes LeRoy Goranson, Zoning Officer Robert S. Bocwinskl Signature of Owner, Notarized 590 40th Avenue N.E. Col. Hts, Mn. Owner's Address Telephone No. 788-9221 Subscribed and sworn to before me this 24th day of April, 1986. Bonnie E. Jewett Notary Public CITY COUNCIL ACTION: Approved This 12th day of May, 1986. Offered by: Petkoff Seconded by: Paulson Rol1 call: All ayes Jo-Anne Student Secretary to the Council Mayor Bruce G. Nawrocki Regul~ar Council Meeting May 12, 1986 page 19 Special Purpose Fence, 4429 Fourth Street, Harold Peterson Motion by Petkoff, second by Peterson to grant approval of the construction of a six foot high special purpose alternating board privacy fence at 4429 Fourth Street. Roll call: All ayes b. Traffic Commission 1. Stop Signs - 42nd Avenue and Fillmore Street Motion by Carlson, second by Paulson to authorize the installation of stop signs at 42nd Avenue at Fillmore Street, stopping eastbound and westbound traffic, on the basis of heavier than normal pedestrian traffic entering and exiting LaBelle Park; and furthermore, that said signs be installed upon completion of the re- construction of 42nd Avenue or as determined by the Public Works Director/City Engineer, if the reconstruction is not scheduled until late summer, as recommended by the Traffic Commission. Roll call: All ayes c. Charitable Gambling - Lions Club Class B License for Sale of Gambling Devices during Jamboree, June 25-29, 1986 Motion by Carlson, second by Peterson to indicate to the State Gambling Board that the City Council has no objections to the Lions Club using their gambling license during the damboree this year. Roll call: All ayes d. Sullivan Lake Development - Presentation by John Moneta John Moneta showed the Council his layout for developing the area around Sullivan Lake. explained his proposal and indicated the approximate prices of each unit in the h rise buildings. Moneta also noted the need to do soil borings to determine the condition of the land for building. Mayor Nawrocki stated that two other developers had indicated interest in area and that the City Council is not yet in a position to make a committment. Special Purpose Fence, 1332 45½ Avenue, Cherly Rehnelt (Cont.) Motion by Peterson, second by Carlson that the fence permit include that the 48 foot chain link fence presently on the property would extend from the special purpose fence to the front of the lot granting additional fencing as outlined by the City Attorney. Roll call: All ayes 7. Old and New Business a. Old Business 1. 4201 Central Avenue - Right-Of-Way Easement Motion by Peterson, second by Carlson to authorize City staff to replace the grass area at 4201 Central Avenue between the right-of-way for 42nd Avenue and the parking lot or building, as was previously authorized for public improvements on 42nd Avenue, PIR #808, and Project #8210, with an aggregate landscape material. Roll call: All ayes b. New Business 1. Weed Cutting Contractor for 1986 Motion by Peterson, second by Carlson to award the City's weed cutting contract to r. Archie Romslo of New Brighton at the hourly rate of $22.50; and furthermore, that Mayor and City Manager be authorized to execute an agrement for same. Roll call: All ayes Regular Council Meeting May 12, 1986 page 20 2. Tree Removal Bids Motion by Petkoff, second by Peterson to award the City's tree removal bid to Gorecki and Company from Anoka, Minnesota, in the amount of $8.45 per inch diameter for tree removal, and $1.00 per inch diameter for tree stump removal, including machine or hand removal, based upon low, formal bid; and furthermore, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: All ayes 3. Award of Animal Control Services Bid Motion by Carlson, second by Petkoff to award the City's ~nimal control service bid to Knollton Kennels of Blaine, Minnesota, in the amount of $100 per month, $5.00 per day boarding fee; $7.00 per animal charge for euthanasia; S16.50 per hour charge for scheduled patrolling, and $16.50 per hour charge for callout, based upon formal quotation; and, furthermore, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: All ayes 4. Authorize the Execution of Radio Consulting Services Agreement Motion by Petkoff, second by Car]son to authorize the purchase of radio consulting services from Dr. John R. DuBois of Minneapolis, Minnesota, for the purpose of pre- paring a radio system design, bid specifications, evaluation of bids, a purchase recommendation, inspection of installation, and implementation of the radio system plan at a total cost not to exceed $5,000; and, furthermore, that the Mayor and City Manager be authorized to execute an agreement for same. Roll call: All ayes 5. Pennine Pass - Storm Drainage Easement for PIR #737 Staff discussed this project and what is planned for the private property through which it will pass. Motion by Peterson, second by Carlson to authorize the Mayor and City Manager to execute a storm drainage easement for Kordiak Park in conjunction with PIR Project #737 and Project #8010. Roll call: All ayes 6. Recycling Material Tonnage Reimbursement Monies Motion by Paulson, second by Petkoff to authorize the remittance of proceeds received under the Metropolitan Landfill Abatement Cost Recovery (tonnage payments) Program to the Columbia Heights/Fridley Kiwanis Club in recognition of their managing the City's Recycling Center. Roll call: All ayes 7. Authorization to Execute a Joint Powers Agreement with Anoka County for Imple- mentation of a Landfill Abatement Program Motion by Petkoff, second by Paulson to authorize the Mayor and City Manager to execute a joint powers agreement with Anoka County for the reimbursement of costs associated with the City's Recycling Center and Landfill Abatement Program. Roll call: All ayes Mayor Nawrocki noted that he had passed on other sources for funding for this type of program. 8. Conferences and Seminars Motion by Carlson, second by Pautson to authorize the attendance of Fred Salsbury, Public Works Director/City Engineer, at the 1986 International Public Works Congress and Equipment Show to be held September 21-25, 1986, in New Orleans, Louisiana; and, furthermore, that related expenses be reimbursed. Roll call: All ayes 9. Purchase of Murzyn Hall Phone System The City Manager reviewed the phone proposal and noted that the phone being recommended for the Recreation Department will be compatible with what they are presently using. .R~gb~ar Council Meeting May 12, 1986 page 21 ,or Nawrocki observed that this request is for a considerable amount of phone equipment and phones for one building. Motion by Peterson, second by Paulson to authorize the expenditure of $5,062 for phone installation work at John P. Murzyn Hall with U.S. West Company and that the Mayor and City Manager be authorized to enter into an agreement for same. Roll call: All ayes 10. Change Orders - Murzyn Hall Addition/Renovation The Public Works Director reviewed the two change orders and recommended the dele- tion of item number two in change order number 8. Motion by Petkoff, second by Peterson to approve change order #G-8 with the exception of item #2, and change order #G-9 and that the Mayor and City Manager be authorized to enter into an agreement for same. Roll call: All ayes 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. Library Computer: The City Manager gave a brief review of this matter and re- quested it be discussed at an up-coming Council work session as the deadline for making a decision is June 1st. Mayor Nawrocki objected to the shortness of time and ,oted this matter had been around for a considerable length of time. 2. Safety Engineer/Safety Inspector: It is anticipated that the Insurance Commission will be requesting the Council to retain a safety engineer. This consultant would be retained to assist the City in reducing its exposure and potential liability for in- surance related claims. Mayor Nawrocki inquired what service is presently available from our present insurance carrier. The City Attorney could not respond and stated this is the reason he had asked. 3. Appointment of New Employees: Steve Nelson has been hired as Assistant Building Inspector at $9.64 per hour, effective May 19, 1986 and Lauren McClanahan has been hired as Public Works Working Foreman at the foreman wage rate as stated in the 49er's agreement, effective June 9, 1986. Mayor Nawrocki inquired if the City Manager had pursued having Fire Department personnel do some of the inspections. The City Manager stated he will have prepared by next week a memo regarding this matter. The ~ayor observed consideration for using firefighters to do some of the inspection work would have been when the Assistant Building Inspector's position was vacant. 4. Financial Analysis of Cable Franchise Transfers: The report contained a brief review of the costs for this item. The legal counsel for cable matters advised the City Manager that the proposed fee split is fair. 5. The City Manager advised the Council that there had been two garage fires in the City. b. Report of the City Attorney City Attorney reported on the matter regarding a risk management study. The Finance Director recommended employing a consultant for this study. The City Attorney also advised the Council as to the status of gaining an easement from the Soo Line in the area south of John P. Murzyn Hall. Regular Council Meeting May 12, 1986 page 22 9. Licenses Motion by Carlson, second by Peterson to approve the licenses as listed upon payment of proper fees and that the fees for the itinerant food stand for Northwestern Elec- tronics Institute and the single event beer for the Columbia Heights Lions Club be waived. Roll call: All ayes 10. Payment of Bills Motion by Peterson, second by Paulson to pay the bills as listed out of proper funds. Roll call: All ayes Adjournment Motion by Peterson, second by Carlson All ayes Jo-Anne Student, Council Secretary to adjourn the meeting at,ll~5 p.m..iRoll May'~s~. B ce G. Nav~rocki call: