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HomeMy WebLinkAbout94-77 - ADMIN Resolution - City Council - 1994/06/20RESOLUTION NO. 94-77 RESOLUTION AUTHORIZING PLACEMENT OF TRAFFIC CONTROL SIGNS ESTABLISHING FIRE LANES AT 300, 350, AND 400 SHELARD PARKWAY TRAFFIC STUDY NO. 482 WHEREAS, the City of St. Louis Park, Minnesota, has caused a traffic analysis to be made on certain public or private property within the City with respect to fire lane designation; and WHEREAS, the results as analyzed by the Engineering Division and the Fire Department of the City indicate that the following limitations on parking are required on the hereinafter described area in order that the travel of fire equipment may not be interfered with and that the access to fire hydrants to buildings may not be blocked off; and WHEREAS, Ordinance No. 1084, adopted November 17, 1969 by the City Council, provides for the installation of traffic control signs when and as required by resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park that the following areas at 300, 350, and 400 Shelard Parkway are hereby designated as fire lanes: 1. 470 feet in front of the garages located on the northside of the east -wide service drive. 2. 500 feet in front of the garages located on the west side of the north -south service drive, including 17 feet of curbing located between the unattached 3 stall garage on the southern end. The Director of Public Works and the owner of the property involved are hereby authorized and directed to install fire lane signs of approved type setting limits on parking as required by ordinance. Adopted by City Council June 20, 1994 Attest: Review for administration: A) Al-ci-), Approved as to form and execution: City Attorney RESOLUTION 94-78 RECOMMENDING APPROVAL OF THE TRANSFER OF CONTROL OF COUNTRYSIDE INVESTMENTS,INC. AND NORTEL CABLE CORPORATION WHEREAS, on or about February 7, 1989, the City of St. Louis Park, Minnesota ("City") granted a Cable Communication Franchise to Nortel Cable Associates, L.P., a Delaware limited partnership ("Nortel") by adoption of Ordinance No. 1774-89, as amended (the "St. Louis Park Franchise"); and WHEREAS, on February 13, 1989, Nortel accepted the St. Louis Park Franchise; and WHEREAS, Nortel is the current and lawful holder of the St. Louis Park Franchise; and WHEREAS, Countryside Investments, Inc., a Delaware corporation ("Countryside") and Nortel Cable Corporation, a Minnesota corporation ("NCC"), own 17.1% and 39.9% limited partnership interests respectively in Nortel; and WHEREAS, NCC owns a 43% general partner interest in Nortel; and WHEREAS, Countryside is wholly-owned by Countryside Cable, Inc., a Delaware corporation ("CCI"); and WHEREAS, NCC is wholly-owned by Amzak Corporation, a Delaware corporation ("Amzak"); and WHEREAS, CCI, Amzak and KBLCOM Incorporated, a Delaware corporation ("KBLCOM"), have entered into a Stock Purchase Agreement dated as of February 17, 1994 ("Stock Purchase Agreement"), for the purchase from CCI and Amzak by KBLCOM of all of the issued and outstanding shares of capital stock of Countryside and NCC; and WHEREAS, in compliance with the terms of the Stock Purchase Agreement, the name of Nortel shall remain unchanged; and WHEREAS, under the St. Louis Park Franchise and Minnesota Statutes Section 238.083, the transfer of control of Countryside and NCC from CCI and Amzak to KBLCOM constitutes a transfer by means of a fundamental corporate change with respect to Countryside, NCC and Nortel; and WHEREAS, under the St. Louis Park Franchise and Minnesota Statutes Section 238.083, any such transfer requires the approval of the City; and WHEREAS, the City, with the assistance of Moss & Barnett, A Professional Association, has reviewed the proposed transfer of control of Countryside and NCC and the legal, technical and financial qualifications of KBLCOM; and WHEREAS, based on information obtained at a public hearing conducted by the City on May 23, 1994 and on the reports and information received by the City, the City has found no reason to disapprove of the transfer of control of Countryside and NCC from CCI and Amzak to KBLCOM, NOW THEREFORE, the City Council for the City of St. Louis Park, Minnesota resolves as follows: 1. The St. Louis Park Franchise is in full force and effect and Nortel is the lawful "Company" in accordance with the terms and conditions set forth in the St. Louis Park Franchise. 2. The City hereby consents and approves of the transfer of control of Countryside and NCC from CCI and Amzak to KBLCOM subject to: a. Closing of the stock purchase transaction pursuant to the terms and conditions described in information provided by Nortel and KBLCOM to the City including the Stock Purchase Agreement; b. Nortel reimbursing the City for all reasonable costs, expenses, and professional fees incurred as a result of the City's approval of the transfer of control of Countryside and NCC; c. KBLCOM promptly notifying the City in writing of the com- pletion of the transfer of control of Countryside and NCC; d. KBLCOM within thirty (30) days of the closing of the stock purchase transaction contemplated within the Stock Purchase Agreement, abiding by the requirements as listed below: i. KBLCOM shall guaranty the obligations of Nortel identi- fied in the St. Louis Park Franchise by providing a signed Guaranty in a form supplied by the City. ii. KBLCOM shall provide evidence of corporate authoriy as applicable in form and substance acceptable to the City, to enter into the St. Louis Park Franchise and to sign the Guaranty. 3. The City hereby waives any right of firstrfusal which the City may have pursuant to Section 9-725 of th0- St ._ 40ouis ,Pak Franchise, as amended, or otherwise, to purchase the St. Louis Park Franchise or the cable television system serving the City but only as such right of first refusal applies to the request for approval of the transfer of control of Countryside and NCC now before the City.