Res 1992 - 65 Consenting to the Purchase of an Office/Studio Facility for the Northern Dakota County Cable Communications Commission & the Northern Dakota County Community Television Corporation92-65
RESOLIITION NO.
CITY pF Mendota Heights
RESOLIITION C4NSENTING TO THE PLJRCHASE OF.AN OFFICEfSTQDIO
F.ACI�ITY FQR TES NORTHI�'.RN D�AFCOTA C4��N3.'Y CABLE
COMMUNICATIONS Ci3MMISSICIN AND THE NORTBERN DAROTA C4IINTY
COI��+lDNITY TELEPISION CORPQI2ATIQN
WHEREAS, the Northern Dakota County Cable Commission (hereinafter
"Commission") is a joint powers commissi.on established pursuant to
Minn. Stat. 5 238.08 and 471.59 by the cities of Mendo�a, Mendota
Heights, Lilydale, Sunfish Laker West St. Paul, South St. Paul, and
2nver Grove Heights;
T��S, City is curren�ly a Member in good stzndina: e€ the
Commission;
WBEREAS, the Commission is the obligee of a Memorandwn of
IInderstanding (hereinaEter "Continental Memarandum"j dated
September i8, 1987, made between Continental Cablevision oE
Northern Dakota Caunty, Inc. (hezeinafter "Continental"� and
Commission;
WH�REAS, the Continental Memorandum; among ather obligatians,
requires the payment to Commission on a quarterly basis of an
annual sw�a of Seventy-Seven Thousand Five-Hundred and No One-
8undredths Dollars ($7?,500.Q0� for the purgose of supporting
com�aunity programming in the Northern Dakota County Cable Service
Terrztory; „
WHER�AS, the Continental Memorandum provides for the transfer to
the Commi.ssion of certain community programming equipment �or use
in community programating in the Northern Dakota Cable Service
Territory; �
.,;
WSEREAS, the Northern Dakota County Community Televisian
Corparation (hereinafter "Corporation") was • incorporated oa
Noue.�wer 20, 2987, to operate and maintain the access �cliannels in
the Northern Dakota County Cable 5ervice Territory as well as to
generally aversee the production of community programxaing in the
Cable Service Territory;
WSEFtEAS, the Commission and the Carporatian have both agreed that
the goals af both entities and the Member ci�ies of the Commission
related to community programming would be best served by the
consolidati.on of community programming operations in a common
afficeJstudio facility in �he Northern Dakota County Cable Service
Territory;
RES4LIITION Ni�. g2-65
PAGE 2 OF 3
WS��REAS, the Commission and Corporation have entered into a
purchase agreement for an office/studia facility located at 5845
Blaine Avenue, in the City of inver Grove Heights, Minnesota;
WSEREAS, the Commission has resolved to allocate One Hundred Thirty
Thousand Dollars ($134jQ00) from its Faca.lity Fund to fund the down
payment for the afficejstudio facility;
WHEREAS, in that the total project costs will be Four Hundred
Eighty Thausand Daiiars ($48Q,OOOj, it is necessary for the
Corpora�ion to secure a loan for the purchase and improvement of
the officefstudio Eacility located at 5845 Blaine Avenue, Inver
Grove':H�ights, Minnesota; � ��
WHEREAS, the Corporation has secured a loan commitment thraugh The
Sauthview Bank, South St. Paul, Minnesota, pursuant to an
Tndustrial Development Revenue Note (NDCCTC Projeat) No. R-1, in
the amount of Three Hundred Fifty Thousand Do3lars ($350,000�;
.
WHEREAS", the Commission and the Corporation have entered into a
Memorandum of IInderstanding {hereinaEter "CommissianJCarpora�ion
Memorandum") regarding the purchase af the officejstudio facility;
WBERTP,S, in the CommissionJCorporation Memorandum., the Cammission
has agYeed to assign and transfer to the Carporation for the tenm
af said Note those monies due or to become due under the
Continental Memorandum to be first app3.ied toward repayment of said
Note;
W!BER�'�AS, in �he Cammisaion/Gorporation Memorandum, the Corporation
has agreed to execute any documents and take whatever action is
necessary to transfer all right, title, and interest to or any
excess groceeds from the sale or lease af any real property
acquired pursuant to the CorporationjCommissian Me.�aorandum to
Commission upon Satisfaction of the Industrial Develo�ent Revenue
Note referenced herein;
WHEREAS, the Coimuission/Corporation Memorandum au�horizes and
directs Continental to gay over to Corporatian any and all sums
that are now or shall hereafter become due and payable for
community programming support from Continental to Commission
pursuant ta the Continental Memoranduza , ar upan default of the
above referenced laan, directly to The Southview Sank, and
Corporation has agreed to sign any receigts ar acknowledgements
necessary for sueh gayments;
WHEREAS, the CommissionfCorporation Memoranduu{ provides that the
Corporation inay pledge any and all monies to be received fram
Continentai for the purpose af securing the loan referenced herein;
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xEsoLUTzoN xo. �z-��
PAGE 3 OF 3
WHEREAS, The Commission/Carporation Memorandum provides that the
Commission shaZl execute an Assignment of the community programming
equipment provided for community programming pursuant to the
Continen�al Memorandum, for the purgose of securing the loan
referenced herein; and
WBEREAS, the City has been fully briefed and informed by both the
Cammission and the Corporation regarding the purchase of the
afficejstudio facility as well as the tinancing plan associated
therewith.
NOTr7- THEREFt�RE BE IT RESOLVED by the City Council of the City of
Mendata xei�hts that the City hereby consents to
the gurchase of the office/studio faciiity referenced herein
pursuant to the financing pZan referenced herein, aIl as more fully
set forth in the documents referenced herein and any ather
documents associated with or required by such referenced documents.
The above Resolution was moved by Couneil member ��-���ner
and seconded by Council member Koch ,
The Fallawing Council members voted in the affirmative:
Mayor Mer�ensotto, Councilmembers Blesener, Smith and Koch
The Following Council members voted in �he negative:
None
Dated this bth d�y of October , 1992.
ATTEST:
t
a� �.�..��.—.
' ,t��!,,�.�. �° G%�f�..�`'. '.�..�"
Mayor
• , _ •,
�HEREAS, The City Council conducted their regularly scheduled
meeting on October 6, 1992 to consider the Tharaldson Development
Company's application for a Heritage Inn Motel.
NOW THLREFORL IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that the proposed Site Plan, Subdivision,
Variances and Conditional Use Permit will have no adverse affect on
the health, safety and general welfare of the citizens of the
community and the surrounding land; and
BE IT FIIRTHER RSSOLVED, that construction of said private
motel is not adverse to the general purpose and intent of the
Zoning Ordinance; and
BE IT FIIRTHER RESOLVED, that the Site Plan, Subdivision,
Variances and Conditional Use Permit for a 114 unit Heritage Inn
Motel be approved according to the plana submitted and revised as
per the September 22, 1992 Planning Commission recommendation, said
plans labeled Site Plan 1 and Site Plan lA including Proof of
Parking plan and Letter of Agreement, with the following condition:
1. That elevation drawings be prepared and submitted for City
staff approval, said drawings to accurately represent the
exterior materials, trim and colors displayed and presented at
the October 6, 1992 City Council meeting.
Adopted by the City Council of the City of Mendota Heights this 6th
day of October, 1992.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By ,�-,�-� � G"Z�w�.x�-
Charles E. Mertensotto, Mayor
ATTEST:
K thleen M. Swanson, City Clerk