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February 28, 1994 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 55421-3878 (612) 782-2800 Mayor Joseph Sturdevan! Couneilmembers Donald G. Jolly 13ruce G. Nawrocki Gary I.. Pelerson Robert W. Ruellimann City Manager ~atrick Hcntges February 25, 1994 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, February 28, 1994, in the City Council Chambers of City Hall at 590 40th Avenue NE, Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf only) 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Consent Agenda (All items listed with asterisks [***] are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion.) RECOMMENDED MOTION: Move to adopt the consent agenda items as indicated with an asterisk (***)on the Regular Council Agenda. 4. Minutes of Previous Meeting(s) ***RECOMMENDED MOTION: Move to adopt the minutes of the Regular Council Meeting of February 14, 1994, as presented in writing, and such reading be dispensed with. 5. Open Mike/Proclamations/Presentations (Open Mike is an opportunity for residents to address or raise any issue to the City Council. However, the City Council asks that the resident provide their name, address, and a statement of the item. The matter will be considered by the City Council or referred to staff for a future response. In order to expedite business, residents will be allotted five minutes to present their statement or issue.) a. Presentation of Plaque for Arnie Knutson "SERVICE IS OUR BUSINESS" EQUAL OPPORTUNITY EMPLOYER COUNCIL AGENDA Page 2 Council Meeting of February 28, 1994 6, Public Hearings/Ordinances & Resolutions a. Public Hearing for Basic Cable Rates RECOMMENDED MOTION: Move to waive the reading of Resolution 94-__ copies available for the public. , there being ample RECOMMENDED MOTION: Move to adopt Resolution 94-__., Being a Resolution Regarding Regulation of Rates Charged for Basic Cable Service and Related Equipment. b. Public Hearing for Sheffield Revitalization Plan RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , Designating the Sheffield Neighbor- hood as a Redevelopment and Housing Development Project (the "Project") and Approving a Redevelopment Plan and Housing Development and Redevelopment Program for the Project. c. Public Hearing for Condemnation at 4501 Madison St. N.E. RECOMMENDED MOTION: Move that there is adequate evidence to find the structure at 4501 Madison Street is hazardous and in violation of the law and that the City Council orders the existing structure to be razed, demolished, and all parts of the former structure removed, including concrete slabs and foundations. The site must then be restored to a safe condition with fill as necessary. Utilities are to be cut off and sealed per the Engineering Department's requirements. Such corrections shall be completed within forty-five (45) days of the service of this order. A motion for a summary enforcement will be made to the Anoka County District Court unless corrective action is taken or unless an answer iL filed within the time specified by Minnesota Statute 463.18, the cost shall be charged against the real estate as provided in Minnesota Statute 463.21. do Second Reading of Ordinance 1282 Amending Ordinance 1160 Authorizing Persons other than Peace Officers to Issue Tags for Certain Violations of Law RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1282, City Code of 1977, Authorizing Persons other than Peace Officers to Issue Tags for Certain Violations of Law. e. Second Reading of Ordinance 1281 - Housing Code RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance 1281, being an ordinance amending Ordinance No. 853, City Code of 1977, Pertaining to the Housing Maintenance Code, Licensing of Units, and the Conduct of Licensed Units as amended on second reading. f. Other Ordinances and Resolutions COUNCIL AGENDA Page 3 Council Meeting of February 28, 1994 Communications a. Other Communications Old Business b. Other Old Business New Business Authorization to Attend Conference ***d. RECOMMENDED MOTION: Move to authorize the attendance of Officer Terry Nightingale and CSO Joe Sturdevant at the Minnesota Law Enforcement Explorer Conference on April 21-24, 1994, to authorize payment of two officer registrations of $120/each, and to authorize payment of $500.00 to help defer the costs of eight Explorers attending the conference; money to come from the Police Department budget." Policy on Administration and Engineering Charges RECOMMENDED MOTION: Move to amend City Special Assessment Policies by excluding the Administration and Engineering charges from the actual costs to be specially assessed to property owners for sealcoat improvements. RECOMMENDED MOTION: Move to amend City Special Assessment Policies by excluding the Administration and Engineering charges from the actual costs to be specially assessed to property owners for mid-block lighting improvements. Application for Tax Exempt Status on Purchased Sheffield Properties RECOMMENDED MOTION: Move to authorize the City Manager to forward all the applications requesting exempt tax status for the Sheffield area properties acquired by the City. Authorization to Seek Bids for Fire Alarm Improvements in City Buildings to Comply with ADA. RECOMMENDED MOTION: Move to authorize staff to seek bids for fire alarm improvements to city buildings to comply with the requirements of the Americans With Disabilities Act. Increased Pay Rate for Sewer/Water Foreman RECOMMENDED MOTION: Move to approve the starting rate for Terry Randall, the Sewer/Water Working Foreman at the 2-year (Step IV) rate of $15.24/hour based on the 1994 Labor Contract between the City of Columbia Heights and the International Union of Operating Engineers, Local No. 49. Authorization for Training RECOMMENDED MOTION: Move to authorize police officer Bryon Fuerst to attend Use of Force/Firearms Instructor Course to be Held in the Metropolitan area from July 25 to August 5, 1994, sponsored by the Bureau of Criminal Apprehension Training and Development Section, and the tuition of $400 to come from the Police Department training budget, 101-42100-3105. g. Other New Business COUNCIL AGENDA Page 4 Council Meeting of February 28, 1994 10. Reports a. Report of the City Manager b. Report of the City Attorney 11. Licenses *** RECOMMENDED MOTION: proper fees. 12. Payment of Bills *** RECOMMENDED MOTION: Adjournment RECOMMENDED MOTION: Move to adjourn. Move to approve the 1994 license applications as listed upon payment of Move to pay the bills as listed out of proper funds. Pat Hentges City Manager 94/18 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 14, 1994 The Council Meeting was called to order at 7:00 p.m. by Mayor Sturdevant. 1. ROLL CALL Jolly, Nawrocki, Ruettimann, Peterson, Sturdevant - present 2. PLEDGE OF ALLEGIANCE CONSENT AGENDA The following items were addressed on the Consent Agenda: Minutes for Approval The Council approved the minutes of the Regular Council Meeting of January 24, 1994; the minutes of the Public Hearing of January 31, 1994 and the Special Executive Session Meeting of February 7, 1994 as presented. Conditional Use Permit - 3939 Central Avenue The Council approved the conditional use permit for 3939 Central Avenue contingent upon the required screening being provided and the recommendations and requirements of the Engineering Department and Traffic Commission be implemented into the plan. Conditional Use Permit - 4300 Central Avenue The Council approved the conditional use permit request of Linder Greenhouses to allow the operation of a "mini garden center" at 4300 Central Avenue from April 16 - June 26, 1994, provided a $500 deposit is submitted to the City prior to the installation to ensure complete removal of the operation no later than July I, 1994. Variance - 3929 Second Street The Council approved the request for a two foot variance to allow the extension of the proposed garage at 3929 Second Street up to the side property line. Acceptance of Donations From the Columbia Heights Lions Club and the Columbia Heights Athletic Boosters to the Recreation Department REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 2 The Council accepted $2,800 from the Columbia Heights Lions Club for a tv/vcr and mount to be installed in the LaBelle Lounge at Murzyn Hall and two baby changing stations and accepted $27,505 from the Columbia Heights Athletic Boosters for recreation program supplies (t-shirts, caps, baseball/softball equipment, etc.). Tax Increment Administrative Expense The Council authorized payment of $11,384.98 for administering the 1993 tax increment financing laws of Minnesota with expenses being charged to the TI Debt Service Fund as an administrative expense. Authorization to Seek Bids for Dutch Elm Diseased Tree Removal Proqram The Council authorized staff to seek bids for the 1994-I995 Dutch Elm Diseased Tree Removal Program. Authorization to Seek Bids for Road Materials The Counci] authorized staff to seek bids for the purchase of road materials. Authorization to Seek Bids for Weed Contractor The Counci] authorized staff to seek bids for the 1994 weed removal contractor. Purchase of Athletic Equipment The Council authorized the purchase of 2,094 t-shirts for $8,515.14 and 1,176 caps for $1,787.52 from Meca Sportswear, and $8,045.30 for various athletic equipment from Sports Supply Group based on iow informal price quotations and authorized the Mayor and City Manager to sign a contract for the same. Authorization to Seek Bids for Site Improvements at LaBel]e Pond (Project #9312) The Council authorized staff to seek bids for site improvements at LaBelle Pond, Project #9312. Approval of License Applications The Council approved the license applications as listed upon payment of the proper fees. REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 3 Payment of Bills The Council approved the payment of bills as listed out of proper funds. Councilmember Nawrocki requested clarification on a portion of the minutes of the January 24, 1994 Council Meeting. The concern was with the resolution regarding the submission of the CDBG application and who was authorized to submit. The resolution stated that the City Manager and the HRA Executive Director were authorized to prepare and submit the application. Councilmember Nawrocki wanted it clearly understood that the City Council was the final authority for the use of these funds in the Neighborhood Revitalization and Housing Rehabilitation projects. The City Manager noted this had been the understanding. This was also stated in the last paragraph of the resolution. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by Jolly to approve the Consent Agenda as presented. Roll call: All ayes OPEN MIKE/PROCLAMATIONS/PRESENTATIONS Chester Radajewski had applied for a cab driver's license from the City of Columbia Heights. Denial of his application was recommended by the Police Department based on his falsifying information on the application. Mr. Radajewski advised he did not recall some convictions therefore he did not state them on the application. Discussion continued regarding the nature of the violations and convictions. Councilmember Jolly stated he could not support approval of the application because of the omissions. Motion by Peterson, second by Nawrocki to grant a provisional license to Chester Radajewski for six months contingent on being monitored on a thirty day basis by the Police Department, and if there is a violation, staff would revoke the license subject to a hearing. Roll call: Nawrocki, Ruettimann, Peterson, Sturdevant - aye Jolly - nay PUBLIC HEARINGS/RESOLUTIONS/ORDINANCES a. Resolution and Public Hearing on Sheffield Revitalization Plan REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 4 Staff is recommending that the public hearing be continued until the issue has been discussed at a Council work session. Councilmember Ruettimann had suggested adoption of the resolution be delayed until there was more discussion by the Council and there was an opportunity for more public input. He noted there were some residents attending this meeting who were interested in this matter. He encouraged their input. Henry Drews, 4519 Polk Street, has resided in the Sheffield Neighborhood for many years. He stated he and some of his neighbors would be interested in purchasing a lot in the area and building a new home. Keith Roberts, Chairperson of SHINE, suggested time is a premium for deciding the disposition of the buildings purchased by the City. He noted the buildings are empty and may become sources of problems when the weather improves. Motion by Ruettimann, second by Nawrocki to table adoption of the resolution and continue the public hearing until February 28, 1994 and to schedule further discussions on the Redevelopment and Housing Developent Plan at a Council work session on February 22, ]994 at 7:00 p.m. Roll ca]]: Ail ayes b. First Reading of Ordinance No. ]282 Being an Ordinance Pertaining to Issuin~ of Taas Motion by Ruettimann, second by Peterson to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1282 BEING AN ORDINANCE AM. ENDING ORDINANCE NO. 1160, CITY CODE OF 1977, AS AMENDED, AND PERTAINING TO THE POWERS OF THE COLUMBIA HEIGHTS COMMUNITY SERVICE OFFICERS The City of Columbia Heights does ordain: Section 1: Chapter 3, Article II, Section 3 (7), of Ordinance No. 853, City Code of 1977, as amended which currently reads as follows, to wit: 3.203(7) Persons hired as community service officers in the Police Department are authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sentence of this Code, to wit: REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 5 (a) 7.202(2) overtime parking in public parking areas (b) 7.202(3) loading zones (c) 7.202(4) bus stops and taxi stands (d) 7.202(5) metered parking areas (e) 7.202(6) boulevard parking (f) 7.202(6)(c)(iii) violation of a boulevard parking permit (g) 7.202(9) handicap parking (h) 7.203(1) temporary or emergency no parking (parades, etc.) (i) 7.205(1) six hour maximum parking (j) 7.205(2) parking on a traffic lane or in an alley (k) 7.205(3) abandoned vehicle (1) 7.205(4) fire lanes or other parking violations on private property (m) 7.206(7) junk vehicles (n) 7.205(11) obstruct traffic in a private parking lot (o) 7.205(12) overtime parking in a private parking lot (p) 7.205(13) no parking 2 a.m. to 6 a.m. (q) 7.205(14) no parking April 1 to May ! when 3 1/2 inches or more of snow on the street (r) 7.401(1) bicycle registration (s) 7.402(2) bicycle lights and reflector (t) 7.402(3) miscellaneous bicycle violations (u) Chapter 8, Article 1, Sections 1 through 8, Animal Violations (v) 8.203(3) unauthorized signs in the publi right-of-way (w) 8.204(2) junk vehicles (x) 7.401(3) bicycle impound (y) 10.201(1) parking in a park 11 p.m. to 6 a.m. (z) 10.201(12) pets on leash when in City park (aa) Minn. Stat. 169.34 miscellaneous parking violations (bb) Minn. Stat. 169.346 handicap parking (cc) Minn. Stat. 169.34 parallel curb parking (dd) Minn. Stat. 169.222 operation of bicycles is herewith amended to read, 3.02(7) Persons hired as community service officers in the Police Department are authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sentence in this Code, to wit: (a) Chapter 5, Commercial Licensing Requlations (b) 5A.207(b)(i) no vehicle parking in landscaped areas (c) Chapter 6, Building and Construction (d) Chapter 6, Article III, Section I Street Excavations REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 6 (e) 7 202(2) (f) 7 (g) 7 (h) 7 (i) 7 (j) 7 (k) 7 (1) 7 (m) 7.205(l) (n) 7.205(2) (o) 7.205(3) (p) 7.205(4) q) 7.205(7) r) 7.205(11) s) 7.205(]2) t) 7.205(13) u) 7.205(]4) v) 7.40](i) w) 7.402(2) x) 7.402(3) overtime parking on public parking areas 202(3) loading zones 202(4) bus stops and taxi stands 202(5) metered parking areas 202(6) boulevard parking 202(6)(c)(iii) violation of a boulevard parking permit 202(9) handicap parking 203(1) temporary or emergency no parking (parades, etc.) six hour maximum parking parking in a traffic lane or in an alley abandoned vehicle fire lanes or other parking violations on private property junk vehicles obstruct traffic in a private parking lot overtime parking in a private parking lot no parking 2 a.m. to 6 a.m. no parking April ] to May 1 when 3 1/2 inches or more of snow on the street bicycle registration bicycle lights and reflector miscellaneous bicycle violations y) Chapter 8, Article I, Sections I through 8, Animal Violations z) Chapter 8, Article Iii, GarbacL9 and Rubbish aa) Chapter 8r Article IV, Fire Safety bb) 8 202(1) substandard structures cc) 8 202(2) hazardous buildings dd) 8 202(3) snow on sidewalks ee) 8 203(3) unauthorized signs in the public right-of-way ff) 8 203 other nuisances gg) 8 204(2) junk vehicles hh) 7 401(3) bicycle impound ii) 10.201(1) parking in a park 11 p.m. to 6 a.m. jj) 10.20](12) pets on leash when in City park kk) Minn. Stat. 169.34 miscellaneous parking violations 11) Minn. Stat. 169.346 handicap parking mm) Minn. Stat. 169.34 parallel curb parking nn) Minn. Stat. 169.222 operation of bicycles Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: February 14, 1994. Motion by Ruettimann, second by Peterson to schedule the second reading of Ordinance No. 1282 for February 28, 1994. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 7 c. Resolution No. 94-06 Being a Resolution Designating Depositories for Funds of the City of Columbia Heights Motion by Peterson, second by Nawrocki to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-06 DESIGNATING DEPOSITORIES FOR FUNDS OF THE CITY OF COLUMBIA HEIGHTS BE IT RESOLVED, that the First Bank National Association and the Northeast State Bank be hereby designated as the depositories for monies of the City of Columbia Heights, and the Treasurer of this City is hereby directed to deposit monies of this City in said banks, and the First Bank National Association and Northeast State Bank are hereby authorized and directed to honor and pay any checks or orders, when signed by the Mayor, City Manager and Treasurer for the withdrawal or transfer of funds on deposit in said banks in whatever form. AND, that the following financial institutes be designated as official depositories of the City of Columbia Heights for investment purposes: First Trust, Northeast State Bank, Twin City Federal, Norwest Bank, American National Bank of St. Paul, First. Bank National Association, Merrill Lynch Government Securities, Inc., Prudential Securities, Minnesota Municipal Money Market Fund, Piper Jaffray Companies, Juran & Moody, Inc., Shearson-Lehman Brothers. AND, that the Treasurer shall have the authority to wire transfer from one official depository to another for the purpose of investing City funds. BE IT FURTHER RESOLVED that in case such deposit shall at any time exceed the sum for which its deposits are insured under the acts of Congress of the United States relating to insurance of bank deposits, said depository shall immediately furnish bond or securities in lieu of bond. The following are hereby designated as the places for safekeeping of all securities in lieu of such bond: the Federal Reserve Bank, Norwest Bank, Manufacturers Hanover Bank, Midland National Bank, American National Bank of St. Paul, First Bank National Association, Piper Jaffray Companies, Juran & Moody, Inc. Adopted this 14th day of February, 1994 REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 8 Offered by: Seconded by: Roll call: Peterson Ruettimann All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary d. Resolution No. 94-07 for Name Chanqe - Southwest Park Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes All responses received from residents in the area of this park were supportive of the name change. Councilmember Ruettimann felt the information regarding how each of the City parks was named was interesting. He suggested this information be made available for the public. WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: RESOLUTION NO. 94-07 CHANGING NAME OF SOUTHWEST PARK The name of Southwest Park refers only to its location; arid With the exception of Southwest Park, the names of all the parks in Columbia Heights were chosen to recognize individuals who made significant contributions to the community or performed some meritorious service; and Lomianki, Poland is the Sister City to Columbia Heights and the relationship between the two cities has become very meaningful; and The City of Lomianki, Poland has renamed one of its thoroughfares "Columbia Heights Boulevard" in recognition of its Sister City; and The Columbia Heights Sister City Committee has requested that Southwest Park be renamed Lomianki Park to honor residents of that City. REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 9 NOW, THEREFORE, BE IT RESOLVED, that as of this date, Southwest Park will be renamed Lomianki Park; that this change will be recognized on City maps, and that appropriate signage will be erected in Lomianki Park identifying it. Passed this 14th day of February, 1994. Offered by: Seconded by: Roll call: Ruettimann Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary ATTEST: I hereby certify that the aforegoing resolution is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Columbia Heights, at a duly authorized meeting thereof held on the ]4th day of February, ]994, as shown by the minutes of said meeting in my possession. Jo-Anne Student, Deputy Clerk e. Resolution No. 94-08 Being a Resolution Levying Alley Midblock Light The Public Works Director reviewed the project. He advised that the costs per foot have changed due to refiguring the charges for an odd-shaped lot. Councilmember Nawrocki stated he does not want to assess administration costs. The Public Works Director advised that the costs per foot would be reduced by 25% if these costs are not included in the project. Councilmember Nawrocki inquired if any Councilmember objected to the removal of the administrative costs. Councilmember Ruettimann responded he felt this may be unfair. He would want to know the financial impact if all administrative fees were removed from this type of project. The City Manager advised he would have this information prepared for presentation at the February 28th Council Meeting. REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 10 Motion by Jolly, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-08 Adopting assessment roll for the following local improvement and ratifying and confirming all other proceedings, heretofore had: Special Assessment for midb]ock alley lighting numbered 677-Area 23-Project #9325. WHEREAS: the City Council of the City of Columbia Heights, Minnesota, met at 7:00 p.m. on the 14th day of February, 1994, in the City Council Chambers, 590 40th Avenue Northeast, Co]umbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Counc]l has heretofore estimated the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CiTY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section i: That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 677-Area 23-Project 9325 for midblock alley lighting, located between Tyler Street Northeast and Polk Street from 37th Avenue to 39th Avenue Northeast. Section 2: That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvements. This Council further finds and determines that the proper proportion of the cost of such improvement to be especially assessed against each lot or parcel of ]and is the amount as billed annually by Northern States Power plus an administration fee. REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 11 Section 3: Section 4: Section 5: That the annual installment shall be paid in full without interest, at City Hall, on or before 4:30 p.m. September 15, 1994, and in annual installments thereafter, as long as the midblock light is in place. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered 677-Area 23 for midblock alley lighting. This resolution shall take effect immediately upon its passage. Passed this 14th day of February, 1994. Offered by: Seconded by: Roll call: Jolly Peterson All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary f. Resolution No. 94-09; Beinq a Resolution to Support the Celebration of Heights Pride Motion by Ruettimann, second by Peterson to waive the reading of the resolution there being ample copies available for the public. Roll call: All ayes RESOLUTION NO. 94-09 BEING A RESOLUTION SUPPORTING THE CELEBRATION OF HEIGHTS PRIDE WHEREAS: The City recognizes the need to develop civic pride through citizen involvement and participation; and REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 12 WHEREAS: The City recognizes the need to participate and encourage participation in the "Celebrate Heights Pride Community Event"; and WHEREAS: The event is to be held at various sites including City property from April 29th through the month of May, 1994; and WHEREAS: The leadership and guidance for the event will be provided by the Columbia Heights Chamber of Commerce and City staff. THEREFORE, BE iT RESOLVED, the month of May is designated as Columbia Heights "Celebrate Heights Pride" month and that the City Council authorizes the staff time necessary to support such an event, to support the volunteer activities and to provide the funds necessary to direct and indirect City involvement with the event. Dated this 14th day of February, 1994. Offered by: Seconded by: Roll call: Nawrocki Ruettimann Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Councilmember Nawrocki requested staff to share information regarding insurance for this celebration with members of the Heights Pride Committee. o o COMMUNICATIONS a. Request for Additional Shared Ride Fundinq Motion by Nawrocki, second by Jolly to authorize the City Manager to send a letter to the Anoka County Commissioners requesting reimbursement of the unfunded portion of the 1993 Shared Ride Program. Roll call: All ayes OLD BUSINESS a. Reschedu]e Date for Public Improvement Hearinq - LaBel]e East Bank Erosion Control REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 13 Motion by Peterson, second by Ruettimann to reschedule from February 28, 1994, the LaBelle Park East Bank Erosion Control Project Public Improvement Hearing to March 21, 1994 at 7:00 p.m. in the City Council Chambers. Roll call: All ayes b. Classification and Sale Approval of Certain Tax-Forfeit Land The City ManaGer stated that both properties have some defects reGardinG their profitability. Councilmember Jolly advised that the lot on 43rd has had some problems with poor soil conditions and some utility problems. Motion by Ruettimann, second by Peterson to authorize the City ManaGer to forward the classification report to Anoka County and forward the HRA request to acquire property at 4150 Central Avenue and 1218 43rd Avenue Northeast at no cost. Roi! ca!l: All ayes c. Amendment to CORE Report Councilmember Nawrocki distributed the amendment to the CORE Report. The second report is now out. Of special interest to cities is the proposal to reduce state aid. If this is adopted, Columbia HeiGhts wou!d experience a reduction of 39.9%. A five percent annua! reduction is being recommended. d. House Task Force Committee on Taxes The report of this committee was distributed last week. It contained a new Local Government Aid (LGA) formula which would apply only to "new" money. Being proposed is the elimination of the GrandfatherinG clause over a five year period. e. Library Report Councilmember Nawrocki noted in the Library Report that there was no response from Honeywell when a problem was experienced at the Library. He had also heard there was a similar experience at Murzyn Hall when there was a problem. The City ManaGer advised there have been on-GoinG meetings with Honeywell to discuss performance response, service calls and other issues reGardinG levels of service. Costs incurred by the City with problems will be reimbursed by Honeywell. ~EGULAR COUNCIL MEETING FEBRUARY 14, ]994 PAGE ]4 o f. Local Government Aids Councilmember Ruettimann feels the State currently has a regressive tax system which funds local government aids. He noted that the Governor's plan is to create a state with two or three counties. g. Status of Hirinq New Police Officer Councilmember Ruettimann inquired as to the status of hiring a new police officer. The City Manager referred him to item #9 in the City Manager's report. This matter wi]] be on the agenda for a Council work session. h. Status of Library Elevator Councilmember Jolly inquired about the status of the elevator project for the Library. The City Manager advised that the contractor has been given a deadline. His Assistant noted the City is waiting for some insurance information as well. NEW BUSINESS a. Purchase of Police Vehicles The City Manager advised that the deadline for purchasing off the State contract is the end of February. Councilmember Nawrocki inquired if purchasing off the Hennepin County or Anoka County contracts had been pursued. The Police Chief responded this has not been done. Motion by Jolly, second by Peterson to authorize the purchase of two 1994 Ford LTD police vehicles, one service manual, and one parts manual from the State of Minnesota contract A- 174(5), for a total cost of $28,226.00 from Superior Ford, Inc., and that the Mayor and City Manager are authorized to sign a contract for same, provided no alternatives are available for ]ess cost through Hennepin County or Anoka County or other sources on comparative vehicles. Roil call: All ayes b. Purchase of MDT (Mobile Digital Terminal) Motion by Peterson, second by Ruettimann to authorize the purchase of one MDT Unit from Anoka County at a cost of $4,989.75 and the Mayor and City Manager are authorized to sign a contract for same. Roll call: All ayes REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 15 c. Authorization to Enter Into Contract for a Water Supply Study Motion by Ruettimann, second by Nawrocki to appropriate $12,500 from retained earnings in the Water Fund to line item 601-49430-3050 and authorize the Mayor and City Manager to enter into a contract with MSA Consulting Engineers for preparation of a Water Supply Study (Project #9234) for a not- to-exceed amount of $12,500. Roll call: All ayes d. Public Officials Errors and Omissions Liability Insurance Coverage Motion by Nawrocki, second by Ruettimann to authorize staff to seek quotes for Public Officials Errors and Omissions coverage for inclusion with the May 9, 1993 insurance renewal. Roll call: All ayes e. Tax Increment Administrative Expense Councilmember Ruettimann noted that the costs associated with the tax increment administration increases each year. He felt if Anoka County were to do the City's special assessments it would be very expensive. Councilmember Nawrocki stated that a comparison cannot be done. The tax increment process and the special assessment process are different. f. Park and Recreation Commission Building Proposal Information regarding the Park and Recreation Commission proposal for a multi-use building was distributed at the Council Meeting. The City Manager requested Council direction regarding a survey mailing. Councilmember Peterson felt the mailing should be done as soon as possible. Councilmember Nawrocki felt there was a need for additional information regarding funding for the operation of the facility, maintenance costs, and the need for additional space. He stated the draft survey was too general and to make an honest evaluation, the public needed more information. Councilmember Ruettimann was of the opinion the survey was inclusive enough. He noted that additional information would be presented and discussed at a public hearing. REGULAR COUNCIL MEETING FEBRUARY 14, 1994 PAGE 16 Councilmember Jolly felt the purpose of the survey was to find out what people are interested in and present the concept. Me suggested that the phone number be placed in a more obvious place. Councilmember Nawrocki felt operating costs and normal maintenance costs should be available for residents. He indicated that most of the information he has received has been secondhand and there have been no plans nor reports from the Recreation Director containing additional information. Councilmember Ruettimann advised there is a Park and Recreation Commission meeting scheduled for Wednesday, February 23rd. He requested all members of the Council attend this meeting and that. they bring with them any additional information they may want added to the survey so it car] be mailed out. Councilmember Nawrocki recommended the surveys be returned with utility bill payments. The draft survey had requested the completed surveys be dropped off or mailed to the Recreation Department. g. Recommended Policy on Consideration of Appointments to Boards and Commissions Councilmember Nawrocki drafted a policy on consideration of appointments to boards and commissions for Council review. He distributed the draft policy to the City Councilmembers arid reviewed some of the recommendations. He noted that attendance was omitted from the draft po]icy. Councilmember Jolly noted he has received some information from other cities and the League of Minnesota Cities regarding appointments and criteria for a written policy. He suggested that the applicants could be interviewed by members of the board or commission in which they were interested with the final appointment process being done by the Council. 10. REPORTS a. Report of the City Manaqer The City Manager's report was submitted in written form and the following items were addressed: REGULAR COUNCIL MEETING FEBRUARY 14, I994 PAGE 17 Work Session for Board/Commission Interviews: The City ManaGer has scheduled a breakfast meeting at 7:30 a.m. on Saturday, February 26th to be followed with board and commission applicant interviews. Councilmember Ruettimann advised he will not be available early that day because of work responsibilities. Additional Documents Regarding Various Matters: Additional information which addressed refuse rate adjustments and consolidation of Police Relief Association with PERA was distributed to the Council. Counci]member Nawrocki felt the Council needed more information regarding the police pension plan besides what was received in the agenda packet. b. Report of the City Attorney The City Attorney had nothing to report at this time. ADJOURNMENT Motion by Ruettimann, second by Peterson to adjourn the meeting at 10:15 p.m. Roll call: Al! ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS MEETING OF: February 28. 1994 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MGR NO: 6 CITY MANAGER'S APPROVAL rrEM: BASIC CABLE RATES~ ~ BY: L. MAGEE ~.~ tF~, _ B~ NO: v~ * DATE: 02/22/94 , ~/. ' The public hearing of January 24, 1994, hold to receive comments from staff and tho public regarding the rates established for basic cable service and all equipment required to receive basic cable service for Columbia Heights and Hilltop was continued to February 28, 1994. Tho attached resolution regarding regulation of ~ates charged for basic cable service and related equipment, along with tho exhibits, was reviewed at the February 17, 1994, joint meeting of the Columbia Heights/Hilltop Cable Communication Commission and Columbia Heights City Council. Tho resolution includes findings of fact, conclusions, and orders for action. Passage of the resolution would result in: 1) Reduction of the monthly charge for basic service, effective September 1, 1993, from $8.$0 to $8.40. 2) Reduction in the hourly service charge, effective September 1, 1993, from $16.49 to $15.25. 3) Elimination of the monthly PEG fee of $1.88 imposed as of September 1, 1993. 4) Cable Company refunding the subscribers the overcharges, including franchise fees assessed and interest. 5) Thc City's right to reconsider the resolution within sixty (60) days of its adoption for tho sole purpose of further reducing rates, should the future modifications to FCC rules and regulations so provide and permit. Tho Columbia Heights/Hilltop Cable Communication Commission recommends passage of this resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution 94- , there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , being a resolution regarding regulation of rates charged for basic cable service and related equipment. COUNCIL ACTION: RESOLUTION NO. 94- RESOLUTION REGARDING REGULATION OF RATES CHARGED FOR BASIC CABLE SERVICE AND RELATED EQUIPMENT WHEREAS, the City of Columbia Heights ("City") is a certified rate regulatory authority for Columbia Heights, Minnesota, and by delegation, the City of Hilltop, Minnesota. NOW, THEREFORE, at a regular public meeting of the City dated the following is resolved: ,1994, FINDINGS 1. The Cities of Columbia Heights and Hilltop are Grantors of Cable Communications Franchise Ordinances ("Ordinances") originally executed by and between Teleprompter of Columbia Heights and each of the Cities. The Ordinances were renewed on or about June 25, 1990. 2. On or about September 1, 1992, Meredith/New Heritage Strategic Parmers, L.P., an Iowa limited partnership (hereinafter "Grantee"), became Grantee of the Ordinance. 3. In accordance with applicable provisions of the Cable Consumer Protection and Competition Act of 1992 (hereinafter the "Cable Act") and rules adopted by the Federal Communications Commission ("FCC"), the City has undertaken all appropriate procedural steps to regulate the basic cable service tier and related equipment. 4. In accordance with applicable FCC regulations, on or about September 10, 1993, the City filed FCC Form 328 -- Certification of Franchising Authority to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition -- with the FCC. 5. In accordance with applicable FCC regulations, on or about September 30, 1993, the City passed and adopted a Rate Regulation Resolution regarding Policies and Procedures for Rate Regulation. 6. On or about October 13, 1993, the City notified Grantee in writing that Grantee was subject to the rate regulatory authority of the City and requested Grantee's FCC Form 393 and associated documentation. 7. On or about November 15, 1993, the City received Grantee's FCC Form 393 which is attached and made a part of this Resolution as Exhibit A. 8. The City's special legal counsel for telecommunication issues, Bemick and Lifson, P.A., was asked to provide assistance to the City for review of Grantee's FCC Form 393. 9. Bernick and Lifson, P.A. retained the services of the accounting firm of Muellerleile & Harrington, Ltd. to assist in the analysis of rate information. 10. Pursuant to FCC regulations, on or about December 20, 1993, the City sent a letter notifying Grantee that the time period for the City's review of FCC Form 393 would be extended for an additional ninety (90) day period. 11. Muellerleile & Harrington, Ltd. issued a preliminary report dated December 1, 1993~ identifying certain issues requiring Grantee's response before a final report could be prepared, which report is attached and made a part of this Resolution as Exhibit B. 12. On or about December 16, 1993, Grantee responded to Muellerleile & Harrington, Ltd. and the City, which response is attached and made a part of this Resolution as Exhibit C. 13. On or about January 19, 1994, a final report was prepared for the City by Muellerleile & Harrington, Ltd. which report is attached hereto and made a part of this Resolution as Exhibit D. 14. The City conducted a meeting open to the public on February 28, 1994, to ensure that all interested parties had ample opportunity to present information to the City. 15. Based upon the information received from Grantee, information received at the public meetings of the City, and all reports and advice from Muellerleile & Harrington, Ltd. and Bernick and Lifson, P.A., the City makes the below additional Findings: Grantee has not made changes to account for an FCC misprint of inflation factor on Form 393. bo Grantee's allocation percentage for Vehicle R&M and Vehicle Oil & Gas is inconsistent with Vehicle percentage determined on Schedule A of Form 393 and Vehicle lease expense. Co Grantee has created information on lines 109B, 109C, 209B, and 209C on Form 393 and included information on these lines, which is inconsistent with Federal law~ FCC rules and approved Form 393. Grantee has used quarterly averages of equipment revenue for Worksheet 2 rather than annual averages as required by the instructions to Form 393. With total system subscribers in excess of 100,000 subscribers, Grantee incorrectly used the Benchmark Rate table for 1,500 subscribers when it should have used the Benchmark Rate table for 10,000 subscribers. f. Grantee .did not include a factor for Maintenance Facility Cost. Grantee did not include disconnect activity as a "tier change" task for determination of installation cost allocation to equipment costs. Grantee should have used allocations of installation/service vehicle costs based on unit count of vehicles in place of "estimated replacement cost" information. Grantee used a tool allocation pementage significantly different than manpower on vehicle allocation percentages. jo Grantee has since September 1, 1993 calculated and billed franchise fee costs inconsistent with the City's understanding of the FCC's rate freeze and other requirements, said practices are the subject of a written request for a ruling to the FCC issued by the Quad Cities Cable Communications Commission, Anoka, Minnesota (said request for a ruling attached hereto as Exhibit E and made a part hereof). NOTE: This finding is contingent upon the f'mal ruling of the FCC on this issue and any appeals thereof. Grantee has, since September 1, 1993, been treating as external costs, expenses associated with franchise imposed obligations which existed prior to September 1, 1993, including, but not limited to, costs associated with provision of required public, educational and governmental access channels, scholarship grants and local origination costs. Grantee has, since September 1, 1993, been passing through to each subscriber an amount of $1.88 per month as a "PEG" fee to recoup expenses associated with franchise obligations which existed prior to September 1, 1993, said pass through charges are the subject of a written opinion issued by Bernick and Lifson, P.A., as the City's legal counsel, and said opinion, attached hereto as Exhibit F and made a part hereof, is hereby adopted by the City. 16. The FCC has announced that it intends to make certain modifications in their rate rules and regulations which may affect the review of rates currently being conducted by the City. 17. The City must act upon the pending rate request consistent with current FCC rate rules and regulations. 18. The City desires and intends to take advantage of any further reductions in the FCC benchmark calculations. CONCLUSIONS The City concludes that: 1. Grantee's request ibr cable rate approval for the maximum permitted rate for basic service tier (exclusive of any franchise fee) of $8.50 is denied. 2. Grantee's request for cable rate approval for the maximum permitted charge for hourly service (exclusive of any franchise tee) of $16.49 is denied. 3. The maximum permitted rate for the basic service tier (exclusive of any franchise fee) shall be $8.40. 4. The maximum permitted charges for hourly service shall be $15.25. 5. Grantee shall only be allowed to include as external costs increases in franchise imposed obligations, ,including public, educational and governmental costs, which occur after October 13, 1993, the date on which Grantee's system became subject to rate regulation. 6. Grantee has violated FCC rules and regulations and federal statutes by Grantee's practice since September 1, 1993, of passing through to and collecting from each subscriber an amount of $1.88 per month as a "PEG Fee" for the purpose of recouping expenses for franchise obligations which existed prior to September 1, 1993. 7. Grantee and City will be bound by any ruling issued by the FCC regarding the billing of franchise fees by Grantee. 8. The City has an obligation to timely act upon the pending rate application consistent with now current FCC rules and regulations. However, if the FCC alters the benchmark calculations resulting in a lower reasonable rate for Columbia Heights/Hilltop subscribers, the City has an obligation to area subscribers to reconsider the pending analysis consistent with such changes the FCC may make in its regulations. 9. The City hereby adopts and makes a part of this Resolution all attachments referenced above. ORDERS FOR ACTION Based on the foregoing Findings and Conclusions, the City hereby enters the following orders: 1. Pursuant to current FCC regulations, from the date of the order and until further order of the City, Grantee shall be permitted to charge an initial rate for the basic service tier of $8.40. 4 2. Pursuant to current FCC regulations, from the date of the order and until further order of the City, Grantee shall be permitted to charge $15.25 as its hourly service charge. 3. Pursuant to current FCC regulations, from the date of the order and until further order of the City, Grantee shall cease charging any and all PEG access fees of any amount except that which reflects increases in franchise imposed obligations in excess of GNP-PI, which occur after October 13, 1993, the date on which Grantee's system became subject to rate regulation. 4. Grantee shall immediately undertake all necessary steps, in accordance with applicable FCC regulations, to refund to all subscribers $0.10 per month, and any franchise fee assessed thereon, plus interest, computed at the applicable published rates for tax refunds and additional tax payments, which has been overcharged since September 1, 1993 as a result of the difference between Grantee's requested basic service rate of $8.50 and the approved basic service rate of $8.40. 5. Grantee shall immediately undertake all necessary steps, in accordance with applicable FCC regulations, to refund to all subscribers who have been ovemharged for hourly service, $1.24 per hour for each hour of hourly service charged each subscriber since September 1, 1993, and any franchise fee assessed thereon, plus interest, computed at the applicable published rates for tax refunds and additional tax payments. The refund is based upon the difference between the $16.49 hourly service charge (actual rate since September 1, 1993) and $15.25 (the permitted and approved hourly service charge). 6. Grantee shall immediately undertake all necessary steps, in accordance with applicable FCC regulations, to refund to all subscribers the PEG Fee in the amount of $1.88, and any franchise fee assessed thereon, plus interest, computed at the applicable published rates for tax refunds and additional tax payments, which has been overcharged since September 1, 1993, as a result of the treatment as external costs, expenses associated with franchise imposed obligations which existed prior to September 1, 1993, including, but not limited to, costs associated with provision of required public, educational, and governmental access channels, scholarship grants, and local origination costs. 7. . Grantee shall provide the City evidence that Orders 1, 2, 3, 4, 5 and 6 have been complied with and that all refunds have been properly made in accordance with the Cable Act and applicable FCC regulations. 8. Grantee shall comply with any future ruling of the FCC regarding the billing of franchise fees. 9. The City reserves the right to reconsider this resolution within sixty (60) days of its adoption for the sole purpose of further reducing rates, should the future modifications to FCC rules and regulations so provide and permit. 10. This resolution shall not be reconsidered should any further analysis pursuant to future FCC roles and regulations result in higher rates to subscribers, unless such future FCC rules and regulations mandate that this City order such an upward adjustment. Passed this __ day of , 1994. Offered By: Seconded By: Roll Call: Joseph Sturdevant. Mayor Jo-Anne Student. Council Secretary C : \.'i DC \COL-i ITS\RESOL UTION .0~11 6 EXHIBIT A MEREDITH/NEW HERITAGE STRATEGIC PARTNERS, L.P. FCC FORM 393 jMeredith ' ii.Cable Kevin C. Griffin Presiclent & General Manager 934 Wooohill Drive Ro~'~tdle. MN 55113 ': ..~ *. [Fax) 612/483-9184 612/483-3233 November 10, 1993 Ms. Unda Magee Columbia Heights/Hilltop Cable Commission 590 40th Avenue NE Columbia Heights, MN 55421 Dear b'nda: Enclosed, please find ~he appropriate FCC forms and appropriate back up material that is being filed with respect to basic rate regulation. The enclosed Form 393 was prepared prior to the receipt of ff~e FCC's 'QuesUons and Answers on Completion of FCC Form 393 and Associated Rling Requirements.' We are reviewing the informaUon released by the FCC and will update the Form 393 as deemed necessary. Please feel free to contact me with quesUons for for clarification. S/~Cere/y, Enclosures cc: Tom Creighton, Esq. FCC 393. PaRT FCC 393 - PART II FCC 393. PART III FCC 393 (Schedules) (SubsanT~r #'s used an Worksh~t~ I & 21 (Equipment revenue used an Worksheets1& 21 (Equilx~nt fnfo, General Ledger fn~ used an S=imdules and St~ps) Ledger i~o & FCC 393 - PART I REQUEST FOR CABLE RATE APPROVAL COVER SHEET IdNO232/ldN0233 lO-Nov-g3 MIIIdlth C&ble 934 Woodhili Ddve I=P c";511S Kevin C. Gdffin Tm 812/483 -3233 812/483-B184 Columbia Heights/Hilltop Cable Commi~sion Mldkg Addmal 590 40th Avenue NE I Columbia HelS]hts IMN ie this form being filed with respect to: I xxxxx I buio rate regulation I ! r, lble programming .ewice ate regulation IFOR SASIC SERVICE TIER AND EQUIPMENT I Progrim 8ewice Rate (1) Number of ohs. on basic tier (2) Current rite for buic {do not Include franchise feee) (3) MlxJmum permitted per ch. rite (line 600) (4) M~dmum permitted per ch. rite (from line 800 workaheet 6 - w/o frinchiee fees) 21 $8.50 80.4077 (,8.56 FCC 393, Part I, Page 2 I Equipment and Installation Ratee Parmittec Actua (1) Charges for basic Installations (from lines 6 or 7 of Equip & Install Worksheet) (a) Hourly Rate $16.49: $16.49 (b) Avg. Install charges 1. Unwirad homes $20.61 $20.61 2. Prewired homes $16.49 $16.49 3. Additional Outlet wlprima~/ $8.24 $8.24 4. Additional Outlet alone $16.49 $16.49 5. Unwired homes- UG $28.85 $28.85 6. Service Call $16.49 $16.49 (2) Charge for changing tiers $16.49 $16.49 (from line 29.30 or 31 of Equip & Install Worksheet) (3) Mnthly charge for remote controls $0.16 $0.16 (4) Mnthly charge for converters $1.77 $1.77 (5) Mnthly charge for lease of other equip Cable home wirtng $0.00 $0.00 Other - Optional Cable Care Plan $0.261 $0.26 FCC 393, Part I, Page 3 IFOR CABLE PROGRAMMING RATES & EQUIPMENT I Program Sewfoe Rate I IFor InformaUonB! purpo~ee only (1) (21 Number of cha. on ber Current rote for tier (do not Include frinchLee fees) Mmxlmum permitted per ch. rate {from line SO0 worksheet 6) MBJdmum permitted rite for tier (mu~JF~y I by 3 - IxGluI~vl of frlnchMe fils) $0.4077 $18.8s Mered~ Cabe lO-NoY-e3 GENERAL INSTRUCTIONS FOR COMPLETING FCC FORM 393 (DETERMINATION OF MAXIMUM INITIAL pERMI'i-I'ED RATES FOR REGULATED CABLE PROGRAMMING SERVICES AND EQUIPMENT) 1. Cable operatorl should ule this form to calculate (1) rat~ for exi~n$ buic ~ or ecluipment rt'<luitin8 al~mval by local franchisin$ authorities or the FCC, and i2) rates for cable pro~rammm$ ~efvice or e~lUil~em that are the ~ubiec~ of · compleint filed w~th the FCC- This form Will de~emline ~ your me~ for buic ~ervice and cable ptolramminl l~rvice ate rea.to,able uttder FCC resulatsorts. 47 CF.IL Section 76.1000 ~ ~ NOTE ^fte~ Your initial rate for basic ~,wk:e hu been al~fov~d by the ~wernmenL you must ~bmit the RATE INCRF. ASE FORM if you Wi~h to ~biecluently inc~e your I~uic ierv~ce rates. If the Commission found your cable pro~rammin$ ~ew~ce roes to be unreasonable less than one ~at ·$o arid You now wish to increlie your rates. YO~ mu~ submit the KATE INCRF. ASE FORM to the Commilsio~ for M il~l:~l~aral before raisins yo~ me~. In addition, ii them wa no ~ Cornmiuion declsio~ and you raise your cable Dro~lmmin$ ~ rate* while · complaint abou~ thole rates il pendin& you mu~ in6:~m the FCC o~ the rate ~ and iubmit · ~ ~ o~ this form analyzin$ the new, hisher rate~ under the FCC'$ ram ltandatdl. 2. This form lhould be filed With the local franchisin$ authority, or with the FCC in iitua~io~s where the FCC hu a~tsed juri~dictiol~ to reSulate rat~ for buic ~ervice and a.~,ociated e~luipmenL in older to obtain ·pprov·l ~ your oxiltinl rate~ for buic %,ewk:~ and a.~,ocial~l e~luil:mtenL It lhould also be filed with the FCC when you are re<;mred to ~l:)otsd to · subictiber's complaint resardin$ your rat~ for cable pmsrammin$ service and ecluipmenL Irde an orilirtmi and one col~ with the ·pproprme re~ulatin$ entity. Filin~ made with the FCC should be mailed to the follow~S addr~: Federal Communications Commission, ReClUest for Cable Rate A~ol~roval, P. O. Box 18598, Wa~in8ton, D.C. 20036. · lower 3. If, ·fret comp·erin8 thele calculations, you detem~ine that your existin$ lervice ra~ it abov~ the maximum I~'mitted rate. and you do not w~sh to yom' rate to that le, v~l. You must submil a cietai~:l cost.o/-iefv~'e showU~$ ju~ifyin$ the hisher rate. E~luil:m~nt rat~ mu~ be hued orr al::%ual cost, de~,~mined in the e~uipment sect,ons, P·rt III of this form. · t. The basic ~erv~ce tier is the t~er which include~ the broadcast sisnals you carry (exce~ for superstatiortl) alo~ W~th public, educatiae~tl and $ovemme~t acce~ channels that are required by the local ftanchisin$ authority to be camed on the buic tier. You may include additiortal leWlCet o~ this tier. E;luipme~ uled to i~K-ewe the basic service tier includes ~,~notes, com~'ter I~_x_e% home wirm$ and wkin$ for edditionat corme~iol~ $. C3ble prosrammin$ ~ consist] of all video prosrammin$ distributed ~ · cable Wtlem that il no~ included in the buic lewico tier or offeft, d on a per. channel or per.pro,ram basis. Ecluipment a.,,sociated with cable pm~-ammin$ ~,fvice, if any, consim of ecluipmem uted acltmvely Io receiv~ such lefvic~s; th,s ecluipment must not be u~,ed to receive ~ buic tie~. 6. Thi~ form consists of three parts. PART I is the Cover SheeL whe~ you lhould fill in she in~ del+red from Patti II and Pa~t IlL PART II w~ll enable you to determine your maximum permitted rate for the basic lervice tier or cable i~rosr4mmin$ lewice, del:~,,~lin$ on she lewice for which you are filinS. If your rates exceed the permuted levitt calculated in this fom~, you mu~ submit a ~ co~.olLlewicl show, s or reduce your ~ to the pem~ea · -level. PART Iii will e~able you to determine your actu·l corn for ecluiDment u~:l by ~ub~'Cnbori to ~ i~,ulated proof·retainS lef~ce. The 1992 Cable Act f~luires th~ you charge no mote than actual cost for this e~luipmem. 7. PART II contains f'we ~. Woar. d~.t 1 (Calculation of Rates in Effect on Initial Date of Re~uletion and Benchmark Comi~l~on) allowi you to coml:~lre your curren! pe~.channel rate to the Commiuion's ber~chmar~ The benchmark is the ra~ that · cable Rr~em with she lame number sub~criben. ~ number of channels, and f.tme number of latellite channels u You~ ~ and that il subiec% to competition would ~ If your cunent per.channel rate exceeds she benchmark, you mu~ then come into co~Dliance with the benchmadL which it based on rat~ u of Sel~ember 30. 1992. You mu~ therefore complete W~ 2 (Calcul. ation of ~ in Effec% on Se~-,mber 30, 1992 and Benchmark Coml=,trtlonL Thil worksheet will I~lmre you to reduce your r~e to she benchmm~ or to ~O& o~ your ~ 30, 1992 I:;er-chanttei rate, whichevt, r rl~ il 8~.a%er. Bo~ Workshee~ I and 2 allow You to caicul, ate the per-<:htrmet rate you can lelaiiy cha~e by · proceml tha~ weish~ the number of channeil on each tier md the Price for e~.h t~ by she number of ra~,ctibe~ to em:h tier. 8. w~dcshee~3.then~deduc~*e¢~uipmentr~v~nuei~ersub~:tiberfmmthe~orcharmeiratedei4vedinW~d~.ie~1~rtd2. The be~::hma~ number does not lel%lr~eiy account for i~mf~ti ftorn et:luipmettL and she 1992 Cable Act prohibit~ you from ch·flirtS mo~ than your ~ for ~ Thu,L you mu~ adju~ your permitted per, channel rate Icalcu]·md in Wortahee~ I and 2} by deduc%inl equil~me~ c°st% and ch·rim I fro' ela~it=~'nonl --"-~- -~-- - lel~·ralm4Y' 9. If you calculel~l your ram from Wm~d~ee~ 2, YOu mu~ c~ml~lete Wmt~3hee~ 4' which will ira:roue Ihe ram YOu mmv ch·tie in °~ior t° account fo~ inllmm. 10. Wort'*.heet $ mu~ be coral~leled if the number °~ re~uleted channei~ Rh·~ il' ba~: lewiee channels and cable I~°~rammin$ lewice charmeil) y°u cutremk ofter il different from the number o~ channels u~ed to caiculete your Ba~qine Reluleted IUle on either Wod~he~ I or Work~e~ 2. If the number o ~,lulated channels you now off~ il the lame u th°le l~u ememd on W°d~3he~ I or Worlr. dt~ 2, you da eel need to ceeq~lem Wortcthee~ $' 11. Y~u l~ould mePar~ III o~ thi~ form to calculate ratel fat eelui~fnent Irld iltl~allatk~ a~l°ciated Wilh Ilceivinl ba~k: cable lefvice or cable I:m:~'ammin~ ~ Eauipmer4 meal to receive a ba~: tie~ o~ lew~e includes ~ul i~ mx limitmd tol conven~' bemm' remmm commb' ~ ~ ~a mle, d$ion m, and c~:~le ~ome wirin& Ecluigmen~ ~x:~md Wi~ c~le pra~lmminl se~ it e~luipmen~ mher ~t~n ~h~ which il used m miv~ bui 12. in P~'t III, You mus~ c~¢uj''m m E¢luigmem Bze~'~t (Wot'kstme~ 7) for eid'~er buic se~''~c~ or c~'b~e I~'~r'm'~nin$ ~e~d¢~ ecluigmenl' degendinl on for whic: lewice You am tilthS. U~e of this Ecluipmem Ba~k~ will enable you to lei yoor ~lUipmem ram~ so th,il they are hued mt aotual colt, aim · ~1, pmat. u rnandamed bythe ;992 INSTRUCTIONS FOR WORKSHEETS CALCULATING MAXIMUM INITIAL PERMI'I'I'ED RATES FOR REGULATED CABLE SERVICES l'heseimtructions ~etobetaedw~oncomlzletinlW~ ! Ihroulh $ CdPa~II ofFCCFon~ 393. Usinsthewodcsheetswill enable you to comlaUte the mammum rim you may curmndy charle ia' mlulamd proFammin! services under d~e FCC's mils. If yom currem rams ~ ~he maximum i~.~,m,am:l me you calculam un d~e womshee., you mus~ submi~ a coGc/.ees,v~ce showinl m suggon your rams. If you do nm do so. you will here your rams reduc:ea m Ihe maxa~m l)em~m:l rm and will be oniemd m re.md ~he _"-e'm" lO subscribm as necess·~. M .review o/~e veous ~s you rely be mikinl is sl~ fo~h in ~he Gonell kua,uclions b. ca.npel ~ ~ In iddi~e. ·dL, c~io. ~)w Ch,~'~ is ,1inched as Allactvnem B Io ~is Pan. This ch,m is desilned lo hell) you visualize ~he diiiemm ,ml)S you will be mkinl ,o conqxa your ml3amum inRiii l)~ a Pa, viewin$ Ihese mate~lls ~ will Issisl you in comlmle~inl the woduht~. Ail ciladadans on ee WmJmhem (P~ Ii and Ill)should be timed om m -. leasl ~'.~,e decimal l)oin-. The msuils should be rounded m d'm neams~ cern L004 or less clown..005 or mom ut)) only when dm Final ties' c~,e resul~ is onmmd on Line (M cd ~h. Smvice ~ seclions cd Pin I rReclu~ far Cable Inslructim. lee WorJabe~ I: W~ I musi be used to c3icuLlm d~e ivorap Base Ram Per Channel Ih~ you am cufl~ndy ~l for re~JLImed ~~[ ~ ~ ~ ~ The Woduhe~ aim mus~ be used Io coral)urn the Benchmark C]~lnmd Ram ~ wt~ch your cufl~m Base ILIM Per Channel will be Canlgarecl. If your cutront Base ILIm Per Channel is equal Io or Iowe~ ~an ~e Bonctual~ C:honaet Rale, your rams wiX be (aund reasonable and you wdl nm have m mcluc~ d~em. If, hawever, yom cmmm Base itm Per Channet exceeds ~he Boncivaa~ Chaanet Karo, you will have m reduce Y°Ur ram in accon~lm~ w'h tbe caladmons m (o~ in Wm~shem 2. Line 101 =T'mr ~ la ~he mlevam column, emec your curtain momhly cherSe for Your basiCsmvic~ der ond (°r eaC~ der cdcabie l)f°SmammS se~Ce Ihltyou ol~rlo subscribers in ~hecommundY uni~(orwnich Ihe(ofl~ ~bein$~' Oo nacinctudeonyl)m~ium l)colramminloflemd on I I~'channet Uae 102 -Tler C3mmds. In d~e mlevam cotumn, emer m numbor cd chlnneis included in eich tim cd mlutamd l)mlmmminl msvices ~u o~or :o subsctiben in Ihe communily uniL For l)mlXnes cd camoimin$ d~e wadcshems, a 'channel' is & unil cd adaie m~v~ce idondfied ond lelecmcI bY I cMnaet numbe~ or similar mlulamcl ct~nneis imdude iii channels on zhe blsic sen~ce tier ond clble proltlmenins seevic~ ~ The ~ cd severid l)mlrdmmin$ mvices Un:: .5.~ -. T'mr ~ml]s~14t~H. In ~he mtewnfl{ column, emro, ~ aufl~:mor cd subic~beri in the coa,,;mai{Y unk who lul:l~ m edlCh tier ind~ fo~ {he communm/' unit fo~ tl~ followiaI calnltme~ od k. Qui{mmen! and inRIliatio~ mes~es: (I) coflvt. Hm' box me,hi; {2J mmme taem~l metni; Lll idditioa.li o~iet fees; (41 imtalla~m ~k. eS: ~1 discmmect fus: (61 ~ fens; and (71 tier cite fees. Divide ~at tmni by 12 m temmae your E{lUimne~ Reveaue Pe~ Momh. Emorthisfilumin CaiumaR~Li~e 104. m the number cd subscr~ben to d~a~ tier, so ttta~ hees with mom subscribers count more m demm~inins t~e averale IJ~n tiros with (ewor sut~zc~* This weilh~n! is done ~ determinin! · w~lhmd mon~ly rate ~ subSCnbe~ fl~e 't::h~le Fact~' c:ak:ula~ in Line t0S! and dividin! by · we~eed nume~ o~ Une 1g$ - Chaqe Fac:tot. Mukil)l~ d¶e monthly T'm' Cha~B in Column A in Line 101 dines ~e number cd suim:riben for thl~ tier sm ftmh in G°lumn A in Une t03. Add tbe Equipmont RevemJe Per Month from Line 104 tO tL~s ilium ond onm~ the sum in Column ~, LJne t 0S- Nme, multit)ly the monddy Tier ~ in Column B in Line 101 times d~e nundm' c~ suim:riben in C°lumn a cd Une 103' F, nmr tbe result in Column B in Finally, add tbe ilium in Ccdumm A- D in Une 105 mSemer aed emro the tam In Coimm E ~ Line 105. Lime 10& .- Chammi Fac~e. Muldl~lbenumix~cd~ in Colun~ A in Line 102 times d~e nundmr cd~ in Column A in Line 103. Emer tM enm~ tbe treat in Column E cd Line 106. Une leT-C:haeSePorChmnd. Dividetbetmal~FacmrframColumn E, Line 105 bytbetmiChonnd FacsmfmmColunm E, Une 106' Enmrthe msui~ in Column E ~ Line 107. You beve now ~ t~e weilhen$ ~ in Lines 108 and 109. If vou ao include/ranc~Jse ~ in y~>ur se~qce rates, comolete Lines 108 ~nd 109. For I~url~oses of ~his ~J~la[Jon, me~s ~ Dasd by the ca~le o~ra~or m [~ i~l ~isJn~ a~o.~ which only cable ~[on. ~d nm ~ M other kinds ~ busmesws, am ~u,~ [o ~ay. Uae lOB - Frantic F~ ~e ~1~). ~l~l~te ~he ~n~i~ im ~ p~y ~or m~ut~l~ tie~ ~ ~wice br ~e ~muni~ un~ du~n~ ~ ~ra~e mom~. ~er ~ha~ t~l mom~ p~ ,n Col~n E ~ Line 108. L;ne 109 - Fr~h~e F~ O~u~ion. To cal~la~e ~ ~iBh~ ~ channel ~chi~ ~, d~ ~ ~h~ Fr~i~ F~ E~ ~ Line 108, ~lumn E by ~ ~o~aJ ~annel F~or ~ Line 106, Column ~ Enter ~ ~uR in Column E o~ Line !09. ~ne 110 - b bte P~ ~d. Subt~ ~e F~i~ F~ ~u~ion in Line 109 ~ ~ ~a~e P~ ~net in Line 107. En~ ~he msul~ in ~he box in Line 110. This numDer ~s your ~t BM Rate Pet Chan~t. I~ is the numar ;h~ will ~ ~ m ~r ~;t~ ~ ~o dme~me w~her 8~k ~Mtion. ~e ~ ~1~1~ ~ will ~ ~11 S~ ~ ~ur ~*t~ ~c~a~ rote. ~is ~te mp~. ~a~ ~ a ~le ~[em fn~n~ c~ion ~ ~ simil~ ~mens;i~ lo your ~. ~ ~ ~m~sti~ that will ~ u~ in this ~i~J$ ira: (1) [he numar o( chnnneis on m~utat~ pm~m tie~ ~ ~ o~c (2} ~ numar ~ sub~ ~ by ~r ~le ~; ~d Gl the numar of ~;ellit~ del~ s,~ls you ~r~ ~ ~ur mSula~ ~ Uae 121 - B~rk P~ ~nnd ~te. ~t A contains [~ ~ma~ q~ ~ ~neJ f~ ~le ~s with di~t num~ of ch~nels on m~uJn[~ tie~ and diffemn[ num~m oi Mmlli~l~ si;n;l~ Them am e~sht tnbl. ~ ~ ~ for ~s w,th ~0, 100. 250, ~00. 7S0, 1000, 1S~ nnd i0,0~ subKn~. Usin~ ~ ~ble wi;h ;~ num~ oi sub~ ctow to the numar M sub~ ~ y~r ~, wt~ ~e ~ma~ per ch~nel qm ~ ;~ ~bte. Enmr the ~ ~a~ ~r ~nel mm in Column E of Line Not.: (1) Wh~ usin~ the ~nchma~ [~les, uM tM num~ ~ ~ulat~ ~annets ~d ~mllit~l~ si~als for ~ c~mmuniw unit. H~r. ior ~e number o~ subKnbem, u~ t~ numar o~ sub~ ~ ~ur ~m. ~) All ~;~s wiih 10,~ Or m~ sub~ should u~ ~ I 0,~ sub~ .~ie. Our ~aIysis r~Jl~ That them is no ~uu~ble diffe~ce in ~ ~nch~W ~ amon~ s~s w,[h mom man 10.~ sub~. usm; ~e ~nchm;~ ~bles. ~ 'gtellit~el~ sinai' is nny ~ble pmS~ ~ or 'su~;i~' del~ ~ a ~muni~i~s ~mllim p~,~ ww~ (pay channel or ~~ ~nel). If ~ ~ie ~em gi~ up ~ ~milite ~M via ~ m~ or fi~ oD(it ~, ~ Mmllite ~neJ if it is ;v;il;ble by ~[ellite units i[ ~uld ~ pi~ up di~ ~rah~ir in lhe ~le ~m~l~. (4) If the t~l n~ of ~neis on ~iat~ [iem ~or the to~l num~ of ~[eilit~l~ c~nels ~ ~o~ [iem ~r ~r ~mun,w unil falls ~ the ~nel in~- in ~ ~bl.. you mu~ inte~late [he co~ ~ ~ ~ r~e. In~s ~ ~ m ~o~ ~ tnt~i~s am ~ ~m;~ rote table. I( you do not wish ~o in~la;e the co~ ~ma~ ~m, MI~ ~e I~r qte ~ the ~ ~ Altematwe~, you may ~pp~ ;he FC~s ~ ~uln ~o ~i~lnte ~ur ~ ~e. The ~ula is ~ to ~ ~ ~1~, If ;he fo~uit, you must use the amunl numar of su~ to your s~. ~;~ lh~ [he n~ M sub~ ~ t~ d~ ~ma~ ~le. ,~ AdjUtant. The ~chma~ ~t chili qte ~ac ~u h~ ju~ ~J~ w~ ~ ~ ~le r~ in ~ on ~r 30. 1992. The~. ~o ma~ sum that the ~ch~ ;~n~ whi~ you will ~pam ~ur ~ r~[~ ~s nm t~ ~. ~ ~ ~ ~annel mm mu~ for inflation sin~ ~pmmOer ~0, 1992. The ~J~J~iMS iff Lin~ 122 ~mu;h 128 of WO~ I will ~le y~ ~ ndj~t the B~ma~ in Line 121 for in~]a[ion. Line 122 - GNP~I (Curr~t). Enter the Gro. N~ti~al P~ P~ Index (~NP~ ~ ~ ~ ~ q~ in ~lu~ E of Line 122. This num~ ~n be (ound in the 'Su~ o~ Cu~n; 8usin~s,' T~le 7.3. Line S (~; ~nt Qu~r), whi~ is p~ib~ ~ ~ ~ U~. ~P~[ of ~q. The numar wdl ~lm ~ ~ublis~ ~n~i~l~ ~ ~e ~ Line 123 - ~n~on FaVor. Divide the ~ ~NP~! ~ Line ! 22 ~ ~ GNP~ f~ ~ mi~ q~ M 1992, ~ is 121.8. Sub~ I ~ ,[~ ~ui;in~ ~m and ~ter ~ numar in Column E of Line 123. LiN 124 - Adjust ~me P~ Em~ in ~l~n E of Line 124 t~ n~r of Wie ~ms ~ ~ 30, 1992 co ~ d~e ~ willl subm~ this ~o~. ~ I~ - GNF?I Tw P~ ~ in ~1~ E ~ U~ 125 ~ n~ M ~ ~ ~ 30, 1992 m ~ ~ M ~ m~ ~t GNP~ quit. ~ 126 - T~ F~. O~ ~ nu~ ~ ~ M Line ~ 24 ~ ~ n~ M mm~ ~ LiM 12S ~ ~ ,n ~u~ E ~ Li~ 126. ~ 127 - In~ ~W F~. ~ ~ M~ F~r in Li~ 123 ~ ~ Ti~ F~ m LM 126. ~d 1 to ~ ~u~in~ t~ n~ in ~1~ E M Li~ 127. ~ 12B - Ad~ BW ~L Mu~p~ ~ ~ma~ ~1 ~ ~ U~ 121 ~ ~ mfl~ ~j~t F~ ~ U~ 127. Em~ ;he ~fi~in~l~Eof~ 128. ~is~W~~~ ~~i~~m~' I( ~ ff~ ~ P~ ~nel in Li~ 110 is ~ ~ ~ ~ to ~ ~j~ ~ ~m in Line 128, ~r ~ ~ ~ ~e ~Uon~co~ Yous~ldn~i~mW~3~d~~LinellO~3~W~3' ~is ~ ~ ~ ~r ~ut~c ~d in~ ~ ~ ~r B~ ~ Per ~i. ~ ~ n~ ~11 ~ ~ ~ If ~ B~ ~ ~r ~n~ in Li~ 1 I0 is ~ ~ ~ ~J~ ~ ~e in Line 128, ~ ~ ~ ~J ~ is ~~ ~ mu~ ~ ~ if ~ ao nm w,~ to ~, a c~~ s~n~ To ~ ~ ~ur ~ ~ ~ ~. ?~ m~ ~gtme W~ 2. INS'I'IUCTIONS FOR WORY, SHEE'I' 2: If Vou~ euffem I)er L'ham~ m~ is abov~ d~e benchrna~c, you taus: now mwmme your I~r channel rme as o/Se1~,mVoer 30, 1992 and canq)a~ k to d~e benchn~4c. If your Se~xember 30, 1992 ra~ was also abov~ ~he beflchma~c, your maximum I)effn~ ram will be your Sel~emlx~ 30, 1992 ram. reducecl If ~ curtain m~ is abov~ l~e bencivn~c b~K your Se~ember .10, 1992 Ilm was eclull ~o of below 1he benchma~c, your maximum i)effnK~KI mm will be Selmm0~ 30, 1992. rm~x~ consol ~mli; L31 addkionll ~ fees; (4) imwil~io~ (ees: 15) discon~ecz fees: I&l ~coflnec~ (ees:, Ind 17~ ~ clinoril K Divide d~ ~ by I ~ Ne~, muddle mofl~ly~'~ecCh,~,Se in O)lumn B in Line ~01 ltmesd~e numb~o~subs4~ ~1~ Bo~lJn~203. Enlm, l~e msut~in 0)iumn B in . Ne~. ~ld d~e flSum m Columm A. D ~ Line 20~ ~ ~nd m~r d~e Kx31 ~ O)lunw E o~ ~ ~5' Line 207 - ~ I'~ ~ Divide ~e mud ~ F~:~' karo ~olun~ E. Line 205 by d~e K~i ~ F~c~' (rom O)iumn E, Line 2O6. Enm~ ~e res~ ~ O)iumn E of Line 207. as d Smmnd~e~ 30, 1992 as i~ c~ cam~Min$ ,/aur cunw~ miximum ImmMmd mm. Li~ ~0-14nclma~ ~ ILi~'~ 30, l~J'~. ?o c~n~ q~ur Selmml~ 30, !~2 B~e I'~r aunnd RJm ~o d~e banclwa~ use d~e numbe~ If 1,our Selnmd~ 30. 1 gEJZ BaseRam Pm' Chinnd (UM 21OE) is les ~wm m' equd W ~he Se~*Bmber 30' I~JZ Ben~ Ch~ Ram (Line 220~' y°ur m~cimum I~ rm will be ~he Sel~ 30,194J2 ben~ rim' adjuslld broad f°r inllmion' 'Yau n~y n°w dry) ~ ~ 3 ~ ~ ~ nund~ in Line 220E on Line 300. W~ 3 will mable ~ou to mm~m your ~clui~mam md inmll~m msu lmm ~his I~r ci~nmi mm t° dmLm~ine wi~ ~ mm~ ~m~m~ ~m~ ~m m ~ ~ "' If your Sel~end~ 30. lggZ BaNR~e Pm' Chlmnei (une IlO) is Ifal~f tW the sESg~ jO' I~J2 Benc~ Ch~ RaW (Line 22Oh ~ ~ Iwm~md me will beyour Sel~ 30, I~jZ BaselLm PffChannd, fedu~ bY 10 I)enmmorlo~heb~ whichev~Ifteicls ~he hi~her me' To Line ~10. leducml &lin flare fff C3wnnd- Mul~)h' Y°ur ~ 30' Ig~JZ Base Ram Pm' Channd (Une 210~ l~mas 0'9 ~° reduce ~h'l~ rim bY I O IX'fi:Lint' emff me mu~ num~ in ~he box in Line Z30- Then. wJ~ ~he Immr c~ ~he SE~ 30"I99Z be'v:hnw~ tune Z20! ~md ~he recluc~l mm ~x'r ct~' & lqzu i~e iusl c~ in Line 230 ~cI en~ 4 in Line 34X) °n W°~shee~ 3' INSTRUCTIONS FOR WORJ~HEET 3: The per channel f~es you have calculated so/ar have included b(xh prosrammm$ service rams and rates for equipment and/ns~tlatio~s. The 1992 Cable ),cz. however, requttes you to unbundie your pro~q'ammin$ service r~tes (rom your equ,pment and in~allation rates, as well as to unbundle those rates one from the other. Worksheet 3 is t~us desiBzted to f~q~tte your equipment and installation costs fTOm your pro~ramm,n$ service rates. The msuttin$ rate will be a per ct~nnei rate for prosrammin$ ~wces alone. Line 300 - 6ue Rate Per C~nnel. If you compiete¢l Workst~t I o~ly, enter your Ba~ Rate Per Ch~nei ~ Line 110 o~ Worksheet I on Line 300. If you compiet_~ bo~h WorkfJ~ i and 2, entet' t~e appropriate fiSUre from efthef' Line 220 o~ Line 230. Line 301 - Equig~t ar~l Inst,~tJon Costs (MMtthJy). In o4'der to comptete this llne, you mt,~t haw completed ScJ~clules A, O and C and the ,Worksheet for Equipm~'tt and Installation C~alles in Pa~t III o/this form. Enter Line 34 from Step G of tS%It EQuipn'tent WotJr.~T~ in Line 301. This fiSur~ rel'l~"T~ the costs you recur in an averase mo~th ior equtpmmnt and ins~llatio~s. Line 302 - Chann~ Factor. if yo~ compiled WoW 1 only, enter the numl~er from Line 106, Column E. If you com~ieted Wod~heet 2, enter the numper from Line 206, Column E. Line 303 - Cos~ I)~ Sui~:ziber-Channel. To determine your eCluipm~t/in~.aii~o~ costs per subS4:~b~r per chanMI, divide your menthly equipment and in~tal~tiorl costs ~om Line 301 by tt~ channel factor from Lir~ 302. Enter tt~ r~ultin$ fi~Jr~ in Line 303. Line 304 - ~ Se~ce Rate Pm, C~anl~i. To ~dle ~ ~uip~t ~ in~l~ti~ ~ ~ ~r b~ ~ ~1 ~te, suM~ the Cos~ Per Sub~r Per ~n~i in Line 303 ~ the 9M P~ ~nel ~e in Line 3~. En~ ~ ~uibn8 fi~u~ in Li~ 304. If ~ ~i~ W~ I ~y, the ~ ~ in Line 3~ is your ~im~ ~ qw ~r ~n~ ~ P~in8 m~- You should enter · is ~ in Line ~ and c~pl~e Pa~ I ~ Fo~ 393, '~ ~ ~ble ~te A~al ~ S~' if ~u c~i~ WMb~ I ~ 2, ~u will n~ to adju~ ~ 6~ ~ ~te Per C~nel in Line 3~ f~ inflati~ ~d tM~ mu~ compile W~ 4. Moor, if t~ h~ ~ ~an~ in the numar of ~Bulat~ ~an~s ~M su~ ~ ~r ~ sin~ ~wm~r 30. 1992. ~u will al~ h~ to adju~ ~ BM ~ ~te P~ C~ in Line 3~ to ~ ~ ~ ~is ~ ~ d~ ~ ~n8 W~ 5 aff~ you finish W~ 4. INSTRUCTIONS FOR WORKSHEET 4: Worksheet 4 is to be u~cl to adjust Your m.,~imum pen~med ~ for inflation f~hit ~ OC~I~ ~ ~ernl:)~ 30. 1992 and the date you submit this form. Since you have previously calculated the approprqte inflation adjustment factor in comptetin8 Wod~heet t, you will simply need to apply that factor to the Base Service Rate Per C~lnnel calculated in Workshee~ 3. Line 400 - B,ue Service Rate Per Channel. Enter the Base Serv~e Rate Per Channel horn Line 304 oar Worksheet 3. Line 401 - Inflation Adiustmant Factor. Enter the Inflation Adiustmeflt Factor you previously calculated from Line 127 ~ W~ 1. Line 40:1 - Adjusted 6a~e ~ Rate Per (:::]~aflnet. Multiply the 6aM Sew~ce Rate Per Channel in Line 400 times the Inflatio~ Adju~tlem Factor in Line 401. Enter the result,ns number in Line 403. This fi&'ufe is your 6ase Service Rate Per Channel. u adjusted ~o~ inRatlon. Adlu~meflt~ f01' L~aflfe,J Since SLmtembet 30. lq92. If yOU completed W~ 2. the benchmark channel rate you u~d for tho~ calculations waJ ~ on the number o~ reSulated channels, satellite.<~live~d sisnai$ and subs4~befs to your system ~ o~ Selxember .t0, 1992. If none o~ these factori has since chansed, you may appropriately use that benchmark and therefore need not complete Wodoheet S. If, however, thete hIJ been i chanse ffl your ~ with reprd to one or more of these thee ~acto~ since Sel~,mber 30, 1992, your bm rate pe~ channet mu~ be adiusted to retlect the chense in the benchmark applicable to Your system. ~, you will need to adiust Your pemn~ed ram to account for the~ chanses. Wodcsheet 5 should be u~K:l to perform these Uae SO0 - Ad~tmed ~ Service late Per Ch,mML Enm' your Adjusted Base Service Rate P~ ChanM4 ~ Line 402. Line 501 - km:bmark Cham~ Rate (laNiineL Entre, the Benchmark Channet Rate You Computed in Line 220 o~ Wode~eet 2. Line J02- lem:hma~ Cham~ bte(New). Ente~ the ~enchma~ Cha~nel Rate You computed inUne 121E o~Wod~he~ I. Uae 203 - (::~anMl Adiumm~ FKlae. Sub~ Your Baseline Benchmark ChanAei Rate in Line 501 from You~ New Benchma~ Channet Rate iff Line $02. Divide ~he re~ultin$ number by Your 6a~line 6enchma~ Channel Rate in Line 501 and enw this ilium in Line 503. ~ $04 - Channel ,4mtmted ~ Se'v~ce Rate IPef Ch,anael. Take the ChaAnel Adiusm~eflt Factor in Line 503 and add I. Then, multiply the resultin$ fiSure tm~ the Adium~l em Sef~:e R~e ee~ ~ in Line 5O0. Tha will 8ire you Your Channel Adjusted Em Sewic~ ~ Per Channel Enter this number in Line 600. Coap'am~timul You have now completed all calculations neceas~'y to compute your maximum pefl~itted rate pe~ channel under the FCC's r~e reSulations, 1'hi rme for each tier o( feSulaled lefwcos you oiler will be m,laonabie under the FCC'~ rule~ if it does not Im~cled the product o~ this rate pe~ channel times the number o( channels on that tier. To make this 6hal calculation, the number you entered on Line 600 fJ~ouid now be entered on Pan I of Form .193 {"Request for Cab&e Rate Approval - Cov~ Sheet'1. Follow the dimction~ on Part I o( Form .193 to Rnish Your computatmes. O~TERMINA~ON OF MAXIMUMALLOWABLEBENCHMARKRATE II~mml~ ~ rm~ ~ I' THE END ~ FCC 393, PART III WORKSHEET FOR CALCULATING EQUIPMENT AND INSTALLATION CHARGE8 Meredith Cable Columbll Helghti/Hilltop Clble Commlision MN0202/MNO233 ~ c~Ic ow: lO-NOv-Sai mm~mmMliM ,-, ~Mmdolm4°gr~mmim~I m IST;P A. HOURLY SERVICE CHARGE I 1. ANNUAL COST OF MAINTENANCE AND INSTALLATION OF CABLE FACILITIES AND SERVICES EXCLUDING PURCHASE COST OF CUSTOMER EQUIPMENT {BOX 1 OF SCHEDULE A + BOX 2 OF SCHEDULE B) $1f137~591 2. CUSTOMER EQUIPMENT AND INSTALLATION PERCENTAGE 1 3. ANNUAL EQUIPMENT BASKET COSTS, EXCLUDING COST OF $1~137~591 LEASED EQUIPMENT {LINE I X LINE 2} 4. TOTAL LABOR HOURS FOR MAINTENANCE AND INSTALLATION OF CUSTOMER EQUIPMENT AND SERVICE 68~998' 5. HOURLY SERVICE CHARGE (HSC} {UNE 3 I UNE 4) 616.49 ISTEP B. INSTALLATION CHARGE {Meintenence Only) t 6. UNIFORM HSC FOR A~t_ INSTA~__LATIONS {AMOUNT FROM UNE S) OR $16.49 -~.'. AVG. CHARGE FOR INSTALL TYPE {see Sch. D) ~. Un,red home inet~ll [D,a.2} b. Prewlred home install (D,b.2) c. Ad_~'l connect it initial instill {D,c.2} d. Addt'l connect leperete instill {D,d.2} e. Unwired Home Instill - UG (D,e.2} f. Sewice Cell (D,f.2} 620.61 $16.49 $8.24 $16.49 $20.85 S18.49 ISTEP C. CHARGES FOR LEASED REMOTES I 8. ANNUAL CAPITAL COSTS (COL J OF SCHEDULE C) $86,394 9. TOTAL MAINTENANCE/INSTAl t &TION HOURS 3r166 10. TOTAL MAINTENANCE/INSTAl I &TION COST (UNE 5 X UNE 9} $52r195 11. TOTAL COST OF REMOTE {lINE 8 + UNE 10) $138r589 12. NUMBER OF UNITS IN SERVICE (COL I OF SCHEDULE C} 70~553 13. UNIT COST {UNE 11/L.INE 12} 61.96 14. RATE PER MONTH {UNE 13/12 MONTHS) 60.16 HOURS FCC Part III, Page 2 ~STEP D. CHARGES FOR LEASED CONVERTER BOXES r15. ANNUAL CAPITAL COSTS (COL. J OF SCHEDULE C) $1~783~713 16. TOTAL MAINTENANCE/INSTAl I ATION HOURS 41~510 17. TOTAL MAINTENANCE/INSTALLATION COSTS (UNE 5 X LINE 16) $684r386 18. TOTAL COST OF CONVERTER BOX (LINE 15 + LINE 17) $2,468~099 19. NUMBER OF UNITS IN SERVICE (COL. I OF SCHEDULE C) 116,114! 20. UNIT COST (UNE 18/LINE 19) $21.26 21. RATE PER MONTH (UNE 20112 MONTHS) $1.77 HOURS ISTEP E. CHARGES FOR OTHER LEASED EQUIPMENT Optional Cable Care Plan ~ ANNUAL CAPITAL COSTS (COL. J OF SCHEDULE C) $0 23. TOTAL MAINTENANCEIINST~-I [ATION HOURS 24,322 24. TOTAL MAINTENANCE/INSTALLATION COSTS (LINE 5 X LINE 23) $401r010 25. TOTAL COST OF OTHER LEASED EQUIPMENT (LINE 22 + UNE 24) $401,010 :26. NUMBER OF UNITS IN SERVICE OR NUMBER OF SUBS (COl_ I OF SCHEDULE C) 128,741 27. UNIT COST (LINE 251LINE 26) $3.11 1~28. RATE PER MONTH (LINE 27/12 MONTHS) $0.26 HOURS ISTEPF. CHARGES FOR CHANGING SERVICE TIERS OR EQUIPMENT I 29. NOMINAL CHARGE FOR CHANGING SERVICE TIERS $2.00 OR 30. UNIFORM HSC FOR CHANGING SERVICE TIERS (INSERT FROM UNE 5) $16.49 OR 31. AVG RATE FOR CHANGING SERVICE TIERS(LINE 5 x AVG HRS TO CHANGE TIERS) $16.49 e-~ INSTRUCTIONS FOR EQUIPMENT AND INSTALLATION CHARGES These instructions will take you stet>by-step through the calculations needed to determine the maximum rates you may charge for resulated eQuipment and installation. You should subm~ this (orm to the local franchisin$ authority (or, where relevant, the FCC3 to calculate charges for equ,pment and service instailat:ofl used to ~ce~ve [he basic sennce tier. Commission roles define this equipment as any custon'm~, equipment that is used to recerye the basic serwce tier. even ,( that equipment is also used to receive other cable Prosrammin$ service ber~ or unregulated services. This form will also be used by the Commmssion in rev~,,win8 complaints concemm$ charges for equipment and installation used to receive cable prosrammrn$ services.~ Commission rules define eClutpment and installation used to receive cable prosrammin$ sennCes ac all equipment and insGiJlation on · subscriber's premises that is used to recefve either:. (I) exclusively caPle Oro$ramm,n$ services; or (2) bcxh cable proKrammins serve'es and Day per chatmel o4, gay per view pro~ramming. The in~'mauon $enerated in Part III will also be used to remove eQuipment and inss~llation costs from rates fo~ m~ulated sennce. You should coml=lese this form usin$ financial data from the company's $eneral ledger and subsidia~ records maintained in accordance with 8enerally accepted accountin8 principles (as required in FCC ·ccountm$ insa'uc'dons in 47 C.F.IL S 76.924). The data may be regof~KI at the levet of corlx)rate organ,zanon at which the records are keQt, but/pc pur~ses Cd calculatm8 sen, ica rates the data must be adjusted to the franchise ama level. Step A: Calculate the Hourly Service C]~rg,, The Hourly Service Charge (HSQ is designed to recover the costs of service installation and maintenance of customer equipment. The HSC will be used as a factor ,n developin$ permitted charges for installation and monthly lease of individual pieces cd ecluil=meflL To calculate the HSC, you witl comput'e your annual capital cosu !olus expenses for the maintenance Cd customer equipment and the installation of basic ties' sen,~ce. CThe HSC excludes the purchase cost of customer equipment: these costs will be recov~t'ec:l in the c~·~e for the sPeCific cateSocles Cd equipment in Steps C. D, and E below.) You win divide the total by the total number of person-hours spent ,n those ·ctwities over the Da.st year. Line 1. Enter the annual capital costs for equipment necessary for the maintenanca and installation Cd cable facilities and cable services, plus operat,n! exgeflses (or maintenance and installation. Line I includes maintenance and installation costs for ·11 cable faOlities, nm only customer e~uipment, if separate records are not kept for costs for customer equipment ma,ntenance and installation service. You should determine the total annual capnal cos~ and expenses by adding Box 1 of Schedule A (total annual capmtai costs) and Box 2 of Schedule [3 (total annual expenses, exctudin$ depmoation). InslTuctions for compiLKin$ these schedules ·m ·~ched to the schedules. Line 2. Enter the percent·se of the costs and expenses entered in line 1 that is used for maintenance cd cu~omer equipment and customer ins~lt~ons used to re:ewe the basic se~ice tier only and murkier edu:pment. Please attach an exit·nation of how you ·roved at this pen::entase. Line 3. Multil0ly line 1 by line 2. The result will be your total annual ca,o~tal costs and ~ses incurmcl for maintenance of customer equipment and service installation used to recewe the basic service t:~. Line 4. Calculate the total numOer of l:mrson hours that w~re spent on maintenance Cd customer equipment and service installation in the 12 month pef~od end·ns at the close of the most recent account,ns period. For new equipment, use an estimate. Alt·ch an expL'ma~Jon or study for your calculations. Line 5. Divide line 3 by line 4. The result is the HSC. Step 6. Calculate the Char~ for Imulla6o~. Step 8 allows an operator to elect whethe~ to use · per hour ram for all instaflations or to use sev~'ai role instaJlation charges for different types of installations. Line &. If you elect to ~ an hourly rate for instaJlations, the rate shall be the HSC. Write the HSC cd line 5 in line 6. I. Jne 7. If you choose lo dev~lc~ averige installation c:h4~T, es, the char~s shall be de,'mined usm$ Schedule D. Writl the chmles from Schedule D in lines 7a-Te (add more lines if nec~sary). SW) C. CalcuLue the Charp for taased Rammm. The ~ental ch·tlC for · ~ ~t unit is deiped to rKove' the costs cd providin$ and maintainin8 that ~ Cd rem4xe control unit leased by · subscriber and incJudes · ~le pro~ Commission rums require cable o0erator3 to caJcuiam charges for each lilrtificantly different ty~ Cd remo~e control unit. ~ore. you mus~ m~e~ the ca~'uLat~ons in lines 8-~4 for each type cd remora lismd in Schedule C. Anach ex,rd sheeu ac needed. Line 8. List the total annual c:3~ital corn (de,retrain, remm on inve,my..mt, and alii·cable taxes~ cd this type cd rumom. This amount is taken from the al~rolMam line Cd Column I on Schedule C Cthe line number wqi differ depondin$ on the number cd diffe~m q, IMs cd remoras Cdfered by the cable system). IrumJCtions for ctx'npletm$ Schedule C am anched to the schedule. Line 9. Lis¢ the number cd hours you mend per yea~ GrinS and servicin$ this ~ cd rumom. Attach m ex~lenabon or study for your calculations. Line 10. Multiply llne 9 by the HSC ILged in line 5. The result is the tot31,1J~ual cost for regairm$ and servicin$ this type cd remote. simplicity, the mmainde' of this form w~ll m~, to equil=me~t and installation fo~ basic tier se~ce. When calculating charges fo~ equipment and related to cadle prosrdnuTtin$ se~nces, substmJte the ~opropnaze numbe~ retatm$ to that equil~nent and installation. Line I1. Add line 8 a~d line 10. The sum is d~e mud annual co~ jot this type o~ rm~om. ~14. ~l~e13~n~12. ~~ll~~~~~- ~!4~1~~~~e ~IL ~d line 15~ 17. tine 31. tf you choose to dev~Joo an aver~se cha~e for chartS:fl8 sew,ce to~. multioly t~ HSC by the MraSe time su~ ~flS~ take. Enter t~ ~suit m li~ J I. St~ G. ~m ~e Fra~ ~ M~ Equ~ ~ In~ C~ ~ Ad~t of R~t~ ~ ~t~. Equi~ and ~w~ in~all~i~ ~ m~ ~ ~ ~ ~a~ ~r ~ ~. To ~ ~si~ ~th ~ cal~s ~ ~m~ rat~. these CO~ mug N p~ at ~ h~i~ ~1 ~ ~ i ~th~ basis. LMe 32. ~d ~in[en~ ~d ~il~t~n ~m ~ ~ ~ui~t ~ JiM 3 of S~ A to ~J co~ ~r ~er ~ui~[ ~ Box 3, S~ule ~ 33. ~iu~ line 32 to m~ ~ui~[ ~ M ~ ~i~ ~m~ if~r ~hn~ ~s ~m ~ ~ ~ di~[ ~ M ~iz~[i~. Fm exjmple, i( ~r Kc~tinB ~o~s ~ ~iM ~u with sim~r sub~ ~uip~[ p~l~. ~u ~ uM m ~o M ~e numar o~ s~ in [~ ~nchise li~ 33 - line 32 x ~iM ~a s~sub~ ~~ ~ li~ 32. A~ ~ e~ of ~ ~l~t~ ~ ~ ~ L~ 34. D~de line 33 by ~ n~r 12. TM ~tt will ~ ~ ~ ~ui~t ~d M~ ~ to ~ ~ on W~ 3 in Pa~ II of this ~, Li~ 301. 1. Cha~e ~or Additional Connections. Section 76.923(h) of the Commission's rules s~ams that an operator shall record' the cosu of installation o~ and equipment used with additional connections through the related equipment and installation cha~ .es. Step B caicu~ltes ifll~lJl~lt. Jon c'hall~S for additional connections, and Ste~s C, D, and E are used to c~lcuJate c1,1s~'omer equipmeflt chal'~, reptcJle~s oi; whether the equipment is ul4d in conjunodon w~h prima~ (x additional connections. An operafM may also recover additional prostammin$ costs imposed by a pro~r'am supplier for ses54ce to additional outlets, as well u the corn o/any necessa~ sisnai booste~ located on a customer's premises that are associated with the additional connecuon. These may be recovered as a separate monthly charge for the additional connect,oas. The charse for any s~snal boosmrs shall be caiculamd se1~arately usin~ the insmactions for Step E fo~ mher customer equipment. AL~ch extra calculaxions to the Equipment and Installation Form and cover sheet as necessary. v ~ , 0 ~ ffi 0 0 O: 0 0 ~0 0 ~ Z - INSTRUCTIONS FOR SCHEDULE A ANNUAL CAPITAL COSTS ASSOCIATED WITH MAINTENANCE AND INSTALLATION OF CABLE FACILITIES AND SERVICE 1. Schedule A computes the C~prml costs for e~uil~"~ent neces~ry for mainter~nc~ ~nd instaJl~tio~ of c~ble f~cilities and cable service. It does not include the annual c~oiml costs of customer Dmmlses eclu,Dment suc~ z~ mmotes and co, wetter boxes incJuded in Schedule C. LSee instructions below.! 2. Column ^ lists the ~es of eauipmem for which enpi~l cost information is mcluimd (iflciudin$ ecluil~"mm owned and e~uil~ttent held under c~ital or finanan! leases), such as vehicles and tools, and including mher ecluiDment used for installation and m~in~q~tnce, which you ~ speo~ o~ the form. Mainmnan~ facility refer~ to buildings, tools, and equipment necessary/or the mgair and mainms~nc~ of vehicles and equipment. 3. Column B mclmres you to sta~ the ~ boole value for the cate~:xM, s listed in Column A ~ air the d.m yo~ ~ closed your 4. Column C m~luires you to give the __~_~,mtdamd de, l~on and ~mortiz~ion for etch cal.,my of ~t o~ the ~oss boo~ values listed in Column 8 ~s of ~e d~m used for Column 8 e~mes. $. Column D mClUimS you to $i~e the deferred tax balance associ~ed with the plan! c~ones listed in Column A. (C~terally, such amounts result fi'om the us~ of f~s~er deDi'~-.¢:iation wnte,.ol~ for ~x Ouqx~ses than for financial m~omng pumosesJ Emi~es th~ do not ~ income taxes ~ sole~rognetorshios, I~'merships, ~ sub c~mr S-corl~r~Jons) m~y nm include an amount in this column. 6. Column E requires you to sire the ne~ book values for each c~ory in Column ^ (Column B minus the sum of Columns C ~nd DL ?. Column F allows for a reasonable return to be c3tcub~cl by multiplying the invesm~ent listed in Column E by a reasonable rate of return. The Order states that the Commmion will conside~ up to 11.25% ~s a not unreasonable ram of return. If you choose a mm of re~um ~t is hi~ner ~t~n 1 i.25%, you must a~.actt a just,fi~tion for your choice. 8. Column G allows for fede~l and s~m income rexes I~wable by the c~ble entity. To allow for a m.~so~able ~ter. c~x ram of re~um, it m~' be b~ued on the grossed-up fede~l and s~m ~ ram~ in effec~ (The D-ossed-up ram is rnlculamd as: Tax Rat~ / (1 - T~x Rat~)). Entities that do nm ~ income roms f- · - tole progne~or~higs, i~armetships, and tub ci'taDcer S-c~ons! may nm ,nciude ~n amount in this column. 9. Column H requires you ~o list the annuaJ depmci~ e~ense for each c3~,~oty of equipment in Column A. 10. Column I requires you to add Columns F. G, and H. 1 I. Add the tc~ls in Column I ~nd enrac in Box I. INSTRUCTIONS FOR SCHEDULE B ANNUAL OPERATING EXPENSES ASSOCIATED WITH MAINTENANCE AND INSTALLATION OF CABLE FACILITIES AND SERVICE~ EXCLUDING DEPRECIATION Schedule B inciudes all annual ogemir~ ex~enses, e~dudin$ depmc~a~Jon and ~~ ~ ~ ~ ~ ~, ~ m~ ~d ~in~ oi ~liti~ ~a ~M~ for ~ 12 ~s ~dinl u ~ ~ ~ ~ ~ d~ ~r ~ ~ ~u~ ~i~ ~ m li~ ~r o~min~ ~w. incl~ ~ and ~, suapti~, militia, m~ ~ ~ ~ ~ ~pl~ ~ ~ ~ ~ m~ ~ ~ ~ ~t ~ ~ sum ~ ~11 ~in8 e~ for in~l~ ~d ~n~ ~ ~ ~ ~ in ~ 2. INSTRUCTIONS FOR SCHEDULE C CAPITAL COSTS OF CUSTOMER EQUIPMENT I. Schedule C includes the ~ cost of 6. CoJumfl E m~mms YOU to Sh'e Ihe net b°°k v~ues br eKh ~ in G°lumn A (C°~umn B minus the s~ ~ ~ ~ plm ~L 7. Coltm~ Fmudl~ieslmiscx~blerimMr~um by the inv~a~m lts~l in Column E- The ~lgl~l~L.~__,~m4~theCommissi~nw~il coflsKlerug to 11.2S'Jkas&nM~rimMmum. IfyoucJmczse&ramofru~umthffishiJhert~n ll.2S%,youmuftatlichajus~(oryouccho~-- 8. ColumnG 411owsbrfader~md mmincametix~spay~bleby~eczbleen~Y. ToiiJow forareasonabie~ier4zxrmecdremm, itrnaybebued off the Smsmd.~ (tmle~ a~cI stzmtzx r~msind~:z. Crhe~msed.4~ rim is c~:ulimcl as: T~xRim;(1 .TixlLu~)). ~thatdonotlzayincame~msf~L, ot unks in wyic~ or V~e uxaJ nundw oi suMadws udn$ ~is equ~pment. ~ ~ ~ 12. Add 1he tacais iff GohJmn J and ~m~ in Box 3. INSTRUCTIONS FOR SCHEDULE D ~OONN N I I I _c - ~ ~'5. · .c ~ · )., e = -- o~ · '~ eC · e CC -- ----'c · e. .= · · E ca_- -c,,., ,.. ~_dl_ ~_.c e~_ _ e.~O ..~ · o c o · o ),,o · O. o ~.-, e _e--o .~ i o · cX ,.. e· ,- Ii I1 I II ,II I III iii II Z 0 1 · 4 · · · · 1o 11 14 16 17 lO 3O 31 3~ 4o 41 47 14 eC~Otr~Y MUSICee *~H1 ee sC(X) WF.A~HER~* Ct..wd C. Wedty I 88 - mMRE8 PREFEnnED _~. INSTRUCTIONS FOR IDENTIFY'lNG THE APPROPRIATE BENCHMARK RATE FROM THE TABLES IN A'I-i'ACHMENT A Each table is s~lit between two ~)ages. For example, the table for SO subscribers I~s a tim I~aSe sh4~vin$ the benchmark rate ::or .S-24 L--h,~neis and 0-24 satellite ch~nels. The second 13eSe for the table with 50 subsc~bers shc~'s the benchmark rate for 25.100 ch~nels and 0-100 satellite c~nels. Select the table with the number of subscribers closest to the number of subSCribers on your s'ys~. Note that ail sysmms with 10,000 or mo~ subs~cribers wdl use the t~bies for systems with 10,000 subscribers. If the total number of chm'tnels on the re~ul-ted tiers ~nd the total number of s~ellite ct~nn~ls on those re~i,~ed tiers for your community ,~mit ecluals the channels di~layed in the setec~,,d t~)le, use the indic·zed benct~mark ~ per ct~nnets. If either the total number of channels on the real,ted tiers or the to~l number of satellite ct~nneis on those m~ul~,d tiers for your commumty unit does not e~ual the ch,~nneis disoi,z~.d in the seleclecl table, you m~y determine your bcmctunark mm per channel by usin$ the Commission's formula, or you c~n Derfom one of the follaWm$ c~lcul~Jons. a. If the total number of satellite channels on the m~uimed tiers ecluals the satellite ch=nnets (row,si. but d~e mtzl number of channels on the tiers do~s not eclual the total ch~-,nels (columnsl, you must do the follOWm$ caJculations: Go to tt~e row with your number of samllite ct~nneis. Go across the row until you ranch the rates for the next fewe~ ~nd next Steerer ~or41 number of channels than on your community unit. Suba'ac~ the lower rate Der cl~nnel from the hisher raze Der channel. Divide this diffetLmce by 5 to ol3tzin the Der ~annel r~e increment For e~tt channel on your community umt that is Sm.z~r ttt~n the number of ct~nneis disolayed in the t~ie. subtz~ct the incr~nenr=t Der ct~nnel mm from the me per channel in the box w~th the next fewer nunmer of total channels to obtain the benchmark rate per channet. For ex~nDie, cons,dar a community un~ with 50 subscribers on the systom, 10 s~tellite channels. ~nd 27 chmmels in to~l. For I0 s~ellite ct~nneis ~nd 25 total channels the benchmark rate Der ct~nnel (from the t.~ie) is S0.880. The benchm,~tc rote De~ channel for 10 satellite ct~nnets and 30 tot~ channels is S0.748 (from the tnb)e). The difference be~veen these rvvo benct~n~'~ r~tes is $0.132. The Der ~net rme increment is S0.026 (50.132/5 - S0.026 Der channel). The benchmark r~e Der channel for this community unit is o~zined by suba-4czm~ two t~mes $0.026 fl, om 50.880. Thus. the benchm,~c mm Der channel for this commun:ty unit is S0.828 - ($0.880 - (2 x S0.O~&)). b. If the total number of channels on the m~ulated tiers ~lu~ls the to~l channels (columns) but tt~ to~i number of s~ellite chenneis o~ the m~ul~ed tiers cloes not eclual the total samllite ct~mneis (rowsl, you musz do the followin$ c~c~l,tticx~ Go to the column with your number of total ~nels. Go down the column until you re. ach the r'mas for the ne~ fewer ~nd next ~ toc~l numt~er of s~tellite ~annets th~n on your commumty unit. Suba'ac~ the lower ~ ~ ch~nn~ from the hi~her r~e Der chenneL Divide this difference by $ to obtain the I~er ch~nn~ ~ ~ncrement. For eJch satellite channel on your community unit th~ is ~mm~' ttt~n the ,-,.m~'.,er of chm'.-...~s dis~olayed in the talkie, ~id the incremental De~ channel rate to the r4te Der channel in the box with the new fewer number of to~ ch~nnets to o4~zin the benct,.ma~ r'~e Der ch~nel. Fo~ ex~mDle, consider a community unit with 50 subSC~bers on the sysmm, ! 2 s~ellite channels, and 30 chmmels in to~l. For 10 s~ellite ct~nnels and 30 total ch~neis the benchmark r~te Der channel Ifrom the table) is $0.748. The benc:ttm~c rate Der chmmel for I $ satellite channels and 30 to~l ch,~nets is $0.779 (from the t~bie). The difference between these nvo ben~ rates is S0.031. The Ix~ chennel r~te incr~,m~mt is $0.0062 ($0.031/5 - S0.0062 ~er channel). The benchmark raze 13er ~el for this community unit is o~c~ined by m~clin$ two umes 50.006Z to S0.748. Thus, the benchmark r'~e Der chm~nel for this communnY unit is S0.760 - (50.748 + (2 x S0.0062.)}. c. If both the to~l number of r,~.ellite channels ~ the ttx~l number of ch,~nets on the ~zalcl ~ fall bas, ween the channels on the t~bie, you must do the iotlowin$ czlcu~tion: Go to the two rows of s~t~,tlite ct~nnets th~ az~ be)ow and ~zov~, msDecs'ively, you number of sa~Hlite ch~mets. Go across the rows until you seDer~tely for the exac~ number of total ch. mmeis for ttte two rows of samllim ct~'meis, p.,~x~ s~D b. ,~xzv~ usin~ ff~se two new rates De~ ct~mnet fo~ the Kxzl n~ of ~ts to otx~in th~ benctm~rk r'am Ix~ ct~nnel. For ex,able, consider a community unit with 50 subscribers on the sysmm, 12 sm~lite ch,mn~s, ~nd 27 cl~znneis in tcxzL Perfom~ sm~ ~. fo~ both 10 and ! $ sm~llite ct~1~mels. For 10 s~ilite ct~znnets ~nd 25 mi ch~nets the ~ r4m De~ channel Ifrom me t~=ie) is $0.880. The benct',n~'k rate ~ cttmmet fo~ 10 s~ellit~ channels ~nd 30 to~ ch,znneis is 50.?48 Cftom ff~ t~i~). The diffe~mce between the~ two rat~ is $0.132.. The ~ ch~nne~ mm increment is $0.026 ($0.132/S - $0.026 ~ channelL Them/~om, the 10 s~ellite and 25 toc~J ~ ~ of S0.880 is reduced by suba'4c~! two times 50.026 from 50J80 to arriv~ ~z $0.828 (S0.880 - (2 x $0.026)} for · i0 samllite c~nnel, 27 toad channel benchn~z~ rat~ The ~ ex~cise is Ix~formed for I$ umllite ct'.mneis = 25 ~cl 30 to~ ch&'mets to ~ ~ · !$ s~mllim ~ i~nc~rn~rk · t Z? to~ ct~nneis. A~ I $ s,~mllite m~l 30 tcxzl ct~nne~ the Dric~ IX~ chann~ is $0.g 16. A~ 1 $ s~ellite m~d 30 total chenne~ the i~rice ~ channel is $0.779. The difference is S0.137 ~' 50.137/5 - $0.027/ch,mnet). So =, Z7 ~ chennels, the ~ for I$ samllite cl~nnets is S0.g16 minus $0.0S4 {twice S0.027~ or 50.862. Them is now a r'4n~,e of S0.828/ch,znnel for 10 s~ilim channels ~nd 27 to~l channels ~nd $0.862 for I$ sl~ilite also =t 27 torsi c-t~nneis. Perform steD b. ~bc~ve usin$ these new ex~c~ v~lu~s for 27 total channels. The difference betwe~m $0.828/chm'me~ ~ S0.862./ch~nnet =t ~7 total channels is $0.034 (or S0.034/5 - $0.007/~t}. For 12 satellite ch~nnets we acid S0.014 Rwic~ S0.007) to $0.82~/ch~nnel to eClU~l the benchmark rate of S0.842. BENCHMARK FORMULA The benclvn~ Immull is ~he ioliowin~: LJqP - 2.350g + 7.3452 IREC]PSUB) - 0.5878 (I~CHANI 4. 0.1006 IL~SAT) LNP - natural Iosamhm of d~e bendvna~ ram ~ chan~el; die number o/chalmeis of basic ind Icable I)eolr4mmins sendc~, ind the ~ Io~,JzLml cd lhe number o/samilim ctmmeis o/basic md cable prolrammm! sewic~ imo d~e eClUa~ion &nd mice ~e amilola~hm of d~e mSulL Nm ~h~ you should use ~e number ot channels and samliim channets in d~e franchise ama bu~ 1tm number ol sulm:~mn m ~e whole sysmm. O~O000~ ~0 ~ ooooooooooo oo ~ 00000000000 O0 0 0 0 0 NOV- 1-~3 ~N 16:4G ~ HI~RIT~E I~SCCI~T~..S F~ NC, 5152468210 P, 02 NCV- 1-93 llON 18:02 ~ HEEITRGE RSSCCIRTES FRX NC,, 5152488210 P. 02 II u L' I! ~ ~C~ gg° 0 0 0 0 0 0 0 o 4.; E-- 0 0 0 0 0 0 o g 0 0 O~ ~ ~ g 0 0 0 0 0 0 0 0 0 0 0 0 g 0 0 0 0 0 , 0'4 ..,-,., i C101 !Ii!i i1~ I : I0 fllb 1104 End - July 31. 1993 In~ Rel~mi r Ve~o~ Re4~ir Raiady for Field Inho~ b~ir Rlmo~ Je~old Je~rold Z~qt t~ Total Vol~mm No. Vol m 0 0 0 0 400 1050 700 2150 NONTHLY ACTIVITY Issues - 722 1080 296 2098 Returns * 108 151 28 377 Collector Returns * 0 0 0 168 NET -~) --~) --~) C'K'~) I~E REPAIR Issu~ r~ Recmir 0 0 0 Cc~let~ Rei~ir~ 0 0 0 Nm-rm~mirmble 0 0 0 VENDO~ REPAIR Ism to b=tr 0 0 0 Cmm~let.~md Rep~lr~ 0 0 0 NEll C~]I~NERI'ER Ih%q~I~rTORY Si:art H,:w~th 200 850 800 Recelv, md ~ 7(X] 0 1 Ii~ea 600 500 10(] End Hofft~ 400 1050 700 2150 ~0oo /~ooo ooooooo o~oe~ ~~ /~ooo ooooooo ~~ 0 0 ~~ ooooo Remote Related Service vs. Total Service Work Period: Dec. 1992 - June 1993 Summary: Remote Related Service ¥otal Calls excluding NTR's- 7 months Total Calls for Remote - 7 Months 23O63 176 Percent of Remote Service to Total 0.76% Raw Data by Type of Fix Code CAtegory Code # Description Customer/equip. Related 1 2 3 4 5 6 7 82 83 Subtotal TV PROBLEM VCR PROBLEM Older CUSTOMER EQUIPMENT Unauthorized CONNECTION CUSTOMER Education TVNCR; CONNECT NEW Incomplete - Customer Equip. Intermittent Replace Jumper TV Set Adjus13'nent Customer Equipment Controtlal31e Service 8 OK WHEN ARRIVED - NPOA 1 0 NO ADULT AT HOME 9 NOT HOME 1 1 CUSTOMER CANCELLED AT DOOR Subtotal Controllable Service No Truck Rolls 93 94 00000 91 00000 90 92 InsideTC (Y)=YES n n n n n n n n n n n n n CUSTOMER O.T.C. CON~H ~ ~q SWAP n NTR Remote Swap n NTR Damaged Converter n No Answer PHONE n CUSTOMER CANC~ l ~ BY PHONE n PHONED, O.K. n OUTAGE REPAIRED n Total Calls Inside Type 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 29-Jul-93_ Summary -Remote Related Service {40-remo.wk3} Subtotal No Truck Rolls Terminal Equipment REMOTE; REPLACE Y BATTERY BAD; REPLACED Y CONV., CUSTOMER DAMAGED; REPLACED n CONVERTER; MECHANICAL; REPLACED CONVERTER; ELECTRICAL; REPLACED CONVERTER, REMOVED CONVERTER, ADDED Reprogrammed Converter 12 13 14 15 16 17 18 70 Subtotal Terminal Equipment n n n n n 146 30 0 0 0 0 0 0 2 29-,Jui-93 summary-Remot Inside Wiring & Customer Equipment vs. Total Service Work Pedod: Dec. 1992 - June 1993 fSummary'. Inside Wirinq/Customer Equipment ¥otal Calls excluding NTR's- 7 months 23063 Total Calls inside - 7 Months 4581 Raw Data by Type of FLx Code Category Code # Description Customer/equip. Related 1 2 3 4 5 6 7 82 83 Subtotal TV PROBLEM VCR PROBLEM Other CUSTOMER EQUIPMENT Unauthorized CONNECTION CUSTOMER Education TV/VCR; CONNECT NEW Incomplete - Customer Equip. Intermittent Replace Jumper TV Set Adjustment Customer Equipment Cona-o(lable Service 8 OK WHEN ARRIVED - NPOA 10 NO ADULT AT HOME 9 NOT HOME 11 CUSTOMER CANCm ~ ~-D AT DOOR Subtotal Cona'oilable Service No Truck Rolls 93 94 00000 91 00000 90 92 InsideTC (Y) =YES Y Y Y Y Y Y Y Y Y n n n n CUSTOME~ O.T.C. COlOrER I cH SWAP n NTR Remote Swap n NTR Damaged Converter n No Answer PHONE n CUSTOMER CANC~ ~ ~r3 BY PHONE n PHONED, O.K. n OUTAGE REPAIRED n Total Calls Inside Type 767 193 267 201 1448 94 119 175 208 0 0 0 0 0 0 0 0 0 0 0 1 29-Jul-93 Summary-Inside Wiring/Cust Equip. {40-insid.wk3} Subtotal No Truct~ Rolls Terminal Equipment 12 13 14 15 16 17 18 7O Subtotal Terminal Equipment CONVERTER; MECHANICAL; REPLACED CONVERTER; E~ ~CTRICAI4 REPLACED CONVERTER, REMOVED Reprogrammed Converter REMOTE; REPLACE n BATTERY BAD; REPLACED n CONY., CUSTOMER DAMAGED; REPLACED n n n n n n Installation 19 2O 21 22 95 00000 23 00000 Subtotal INSTALL PROBLEM; REPAIRED ERROR DISC; RECONNECT Trap InstaJl Improper DISCONNECT AT TAP RECONNECT AT TAP RE-MARKED DROPS A/B Switch Installed INSTAl Im') ADDED OLJTLET Installation n n n n n n n n Drop 24 25 26 27 28 29 30 31 81 32 33 34 35 87 35 DROP; CUSTOMER DAMAGED DROP; ATTACH/RAISE DROP, AERIAL; DAMAGED; REPLACED DROP, AERIAL; BAD; REPLACED DROP, U.~; DAMAGED; PLACED TEMP DROP, U.C~; BAD; PLACED TEMP DROP, INTERIOR, BAD; REPLACED F-FITTINGS; Outside Replaced F-FITTINGS; Inside Replaced TRANSFORMER; REPAIR/REPLACE NIB Switch; REPAIR/REPLACE SPUTTER; REPLACE GROUND BLOCK; REPAIR/REPLACE GROUND; INSTALL/REPAIR Trap Rep~lced-Bad 00000 LOCK BOX; REPAIR/REPLACE Subtotal Drop n n n n n n Y n Y Y Y Y n n n n Construction 00000 TAP; ADDED Subtotal Consl~uction n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 457 0 409 44 4O 159 0 0 0 0-- 2 29-~lul-!kt Summary - nside W g/C Equ . (.40- sk .wk3} Plant Actives and Powedng 000(30 AMPLIFIER, APT; ADJ n 000(30 AMPLIFIER, APT; REPAIR/REPLACE n 38 AMPLIFIER, L.F_; ADJ n 39 AMPLIFIER I_E.; REPLACE n 40 AMPUl=IF_R, BR.; ADJUST n 41 AMPLIFIER, BR.; REPLACED n 42 AMPLIFIER, TRUNK; ADJUST n 43 AMPUFIER, TRUNK; REPLACED n 00000 AMPUFIER, REVERSE; ADJUST n 00000 AMPUFIER, REVERSE; REPLACED n 44 AGC/ASC MODULE; ADJUST n 45 AGC/ASC MODULE; REPLACE n 45 D.C. SUPPLY; REPLACED n 47 POWER OUTAGE n 48 POWER SUPPLY; Stanclby n 49 POWER SUPPLY; Non-Standby n 50 POWER INSERTER; R/R n 54 HOUSING; REPLACED n Subtotal Plant Actives and Powering 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Plant 55 53 51 52 56 57 58 59 60 61 62 63 64 84 65 66 Subtotal Passives BASE PLATE REPLACED n CONNECTOR; R/R n FEEDER REPAIR n TRUNK REPAIR n CABLE AERIAL, BAD; Relace n CABLE AERIAL, DAMAGED; Replaced n CABLE AERIAL, BAD; TEMPORARY n CABLE AERIAL, DAMAGED; TEMPORARY n CABLE U.G., BAD; REPAIPJREPLACE n CABLE U.G., DAMAGED; REPAIR/I:IEPL n CABLE U.G., BAD; TEMP. PLACED n CABLE U.G., DAMAGED; TEMP PLACED n FUSE, AMPLIFIER; REPLACED n SPLI3TERJD.C.; REPAIPJREPLACE n TAP; REPLACED n TAP, PLATE; REPLACED n Plant Passives 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2¢J=Jul-93 Summary-Inside WidnglCust. Equip. {40-insid.wk3} Heaclend 74 75 76 77 78 79 8O Subtotal HEADEND POWER FAILURE PROGRAM SUPPUER PROBLEM SATEI ! rTE FI~ SYSTEM REPAIR VC- 11; REPAIR PROCESSOR/MODULATOR REPAIR AML Transmitter AML Receiver Heaclencl il n n n n n n 0 0 0 0 0 0 0 Miscellaneous 00000 00000 00000 00000 00000 71 00000 00000 73 0000 72 67 68 69 0000 Subtotal Ingress Check JUMPER CUT DROP ASAP EQUIP: P-U; CMNT OFRCE ERROR AUDIT; 0.1~ AUDIT; NOT O.K., SEE COMMENT PLANT NOT ACTIVE Incomplete - Plant Levels Incomplete - Ingress Trunk Incomplete - Ingress Feecler Incomplete - Intermittent Plant REFER TO SER~CE CENTER Miscellaneous Total Calls - ali Categories n -n n n n n n n n n n n n n n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 29-Jui-93 Summary -Inside Wiring/Cust. Equip. {4~-insid.wk3} Converter Related Service vs. Total Service Work Period: Dec. 1992 - June 1993 Summary: Converter Related Service ¥otal Calls excluding NTR's- 7 months Total Calls Converter related - 7 Months 23063 8565 Percent of Converter Related to Total 37.14% Raw Data by Type of F'~ Code Category Code # Description Customer/equip. Related 1 2 3 4 5 6 7 82 83 Subtotal TV PROBLEM VCR PROBLEM Other CUSTOMER EQUIPMENT Unauthorized CONNECTION CUSTOMER Education TV/VCR; CONNECT NEW Incomplete - Customer Equip. Intermittent Replace Jumper TV Set Adjustment Customer Equipment Controllable Service 8 OK VVHEN ARRIVED - NPOA 10 NO ADULT AT HOME 9 NOT HOME 11 CUSTOMER CANCF~ ~ Fr) AT DOOR Subtotal Cona'oilable Service No Truck Rolls 93 94 000(30 91 00000 90 92 InsideTC =YES n n n n n n n n n n n n n CUSTOMER O.T.C. CONVERTER SWAP n NTR Remote Swap n NTR Damaged Converter n No Answer PHONE n CUSTOMER CANCEq ~ m'3 BY PHONE n PHONED, O.K. n OUTAGE REPAIRED n Total Calls Inside Type 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 2g-~Jul-93 Summary -Converter Related Service {40-conv.wk3} Subtotal No Trucl< Rolls Terminal Equipment 12 REMOTE; REPLACE n 13 BATTERY BAD; REPLACED n 14 CONY., CUSTOMER DAMAGED; REPLACED y 15 CONVERTER; MECHANICAL; REPLACED y 16 CONVERTER; ELECTRICAL; REPLACED y 17 CONVERTER, REMOVED n 18 CONVERTER, ADDED n 70 Reprogrammed Converter y Subtotal Terminal Equipment Installation 19 INSTALL PROBLEM; REPAIRED - n 20 ERROR DISC; RECONNECT n 21 Trap Install Improper n 22 DISCONNECT AT TAP n 95 RECONNECT AT TAP n 00000 RE-MARKED DROPS n 23 A/B Switch Installed n 00000 INSTAl Im'} ADDED OUTLET n Subtotal Installation Drop 24 DROP; CUSTOMER DAMAGED n 25 DROP; A3=rACI-I/RAISE n 26 DROP, AERIAL; DAMAGED; REPLACED n 27 DROP, AERIAL; BAD; REPLACED n 28 DROP, U.G.; DAMAGED; PLACED TEMP n 29 DROP, U.~; BAD; PLACED TEMP n 30 DROP, INTERIOR, BAD; REPLACED n 31 F-FITTINGS; Outside Replaced n 81 F-FITTINGS; Inside Replaced n 32 TRANSFORMER; REPNR/REPLACE n 33 NB Switch; REPAIR/REPLACE n 34 SPUTTER; REPLACE n 35 GROUND BLOCK; REPNFi/REPLACE n 37 GROUND; INSTALL/REPAIR n 38 Trap Replaced-Bad n (XX)00 LOCK BOX; REPAIWREPLACE n ColSon 0(XXX) TAP; ADDED Subtma] Conslzuction rt 0 0 11 183 8286 0 0 85 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 29-Jul-93 Summary -Converter Related Sewice .{40-conv.wk3} Plant Actives and Powering 00(300 AMPUFIER, APT; ADJ n 00000 AMPUFIER, APT; REPAIR/REPLACE n 38 AMPUFIER, LE.; ADJ n 39 AMPLIFIER LE.; REPLACE n 40 AMPLIFIER, BR.; ADJUST n 41 AMPLIFIER, BR.; REPLACED n 42 AMPLIFIER, TRUNK; ADJUST n 43 AMPMFIER, TRUNK; REPLACED n 000(30 AMPLIFIER, REVERSE; ADJUST n 000(30 AMPLIFIER, REVERSE; REPLACED n 44 AGC/ASC MODULE; ADJUST n 45 AGC/ASC MODULE; REPLACE n 46 D.C. SUPPLY; REPLACED n 47 POWER OUTAGE n 48 POWER SUPPLY; Standby n 49 POWER SUPPLY; Non-Standby n 50 POWER INSERTER; R/FI n 54 HOUSING; REPLACED n Subtotal Plant Actives az'~cl Powering Plant Passives 55 BASE PLATE REPLACED n 53 CONNECTOR; R/R n 51 FEEDER REPAIR n 52 TRUNK REPAIR n 56 CABLE AERIAL, BAD; Relace n 57 CABLE AERIAL, DAMAGED; Replaced n 58 CABLE AERIAL, BAD; TEMPORARY n 59 CABLE AERIAL, DAMAGED; TEMPORARY n 60 CABLE U.G., BAD; REPAIR/REPLACE n 61 CABLE U.G., DAMAGED; REPAIR/REPL n 62 CABLE U.G., BAD; TEMP. PLACED n 63 CABLE U.G., DAMAGED; TEMP PLACED n 64 FUSE, AMPLIFIER; REPLACED n 84 SPLITTER/D.C.; REPAIFIJREPLACE n 65 TAP; REPLACED n 66 TAP, PLATE; REPLACED n Subtotal Plant Passives 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 29-Jui-93 Summary -Converter Related Service {40-conv.wk3} Heaoencl 74 75 76 77 78 79 8O Subtotal HEN)END POWER FAILURE PROGRAM SUPPUER PROBLEM SATI=I IITE ~ SYSTEM REPAIR VC-11; REPAIR PROCESSOR/MODULATOR REPAIR AML Transmitter AML Receiver Heaclend n n n n n n n 0 0 0 0 0 0 0 Miscellaneous 00000 00000 00000 00000 00000 71 00000 00000 73 0000 72 67 68 69 0000 Subtotal Ingress Check JUMPER CUT DROP ASAP EQUIP: P-U; CMNT OFFICE ERROR AUDIT; O.K. AUDIT; NOT O.K., SEE COMMENT PLANT NOT ACT1VE Incomplete - Plant Levels Incomplete - Ingress Trunk Incomplete - Ingress Feeder Incomplete - Intermittent Plant REFER TO SER~qCE CENTER Miscellaneous n n n n n n n n n n n n n n n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Summary -Commller Relatecl Sen, ice {40 "~:=~v.wk3} 4 29-Jul-93 - ~o~o o~ ~Z~Z~ZZZ Z~ZZZ~ZZZ~ZzZZZz 00000000000000000000000000000 O0000000mOmO0000000000 AVERAGE TIME PER SERVICE CALL EIGHTEEN SERVICE TECHNICIANS 2080 X 18 / 12 X 7 = 21,840 man hours in a seven month period TOTAL SERVICE CALLS DEC. 1992 - JUN. 1993 (seven months) = 23,063 21,840 man hr / 23,063 service calls = .946hr per average per service call ,A,I !OOATION OF WORK TABKB/POINT· FOR JULY 'B· FIELD WORK TA·K· T/I&BKS TABK8 TABK CODE ~ CONTRACT TOTAl. IN·TALL FM RECONNECT BAG/PREFER NON GTANDARD IN·TALL IN·TALL WALL PtA'FEB RE DO IN·TALL IN·T OOLD OUTLET RELOCATE VCR EDUCATION INBT BASIC INeT LIMIT NO IN·T BABIC ONLY IN·TALL A~I BWTCH DE].WER REMOTE DEL VOL CNTRL REM HOOK UP A/· ·WITCH HOOK UP GAME IN·T ·AI~PREFERD UG EXCHANGE CONV'TR INeT BA~PREFERD Off EXCHANGE REMOTE HOOK UP TV HOOK UP VCR IN·T BAI~PREFERD AO TOTAL TABKB - IN·TALL MACHINE BURY NEEDG GROUND ROD RELOCATE DROP HAND BURY DROP REPLACE AERIAL DRP REPLACE UG DROP TRAM·FEN DC TAP PICK UP CONVERTER IN·TALL TRAI~ REPLACE APT DROP DC BA~PREFERD AR REMOVE CABLE DISCONNECT TAP DC BABIC 2 I 3 15 I 18 4 0 · 4,1 S 48 2 10 1° Si 18 74 10 · 10 · 7 10 I 0 140 2 161 7 · 11 BiO 1,13i 1.T71 I I 4 I · 1 114 1.441 /~147. · · · 24 · ~4 150 ill 141 Z~113 4)si L413 I 5t2 SS,1 1S 10 23 10 I 18 I Is Si 11 49 · 1, · · o. · · I 1 14 · 14 I · 1 177 · 177 I · 1 · I 1 87 o · ,374 1 18 0 S · 10· I 104 113 1·! ii 173 ~8 722 1,071 · · · Si 1~o 172 · · 11 · 11 I · 1 I · ? 11 E S OI S · O, · · · · 17 I 11 · ~808 ~411 DC LIMIT A/O DAMAGED PEDEeTAL DISCONNECT ALL DC BASIC ONLY PU VOL CNTRL REM PICK UP REMOTE PICK UP EQUIPMENT · INSTALL CINEMAX · INSTALL DISNEY · INSTALL HBO · IN:BT PRIME BPORTi · INSTALL BriO · INSTALL TMC · OFFICE ADO/RMV ·ECURITY · PECIAL DP DLSCO · IN·TALL ALL PAY · DISCONNECT CINEMAX · DISC H/M · DI~C · DC HBO · HI02 · DC PRIME ·PORTS · DC ·HO · · IN·T · DIBCONNECT TMO · DR·CONNECT DIINEY · DIICONNECT HBO · DIIOONNECT TAP AUDIT DC TAP TOTAL TABKi - Misc. GRAND TOTAL TASK· · ieee TABKi w/e POINT VALUE· NET TOTAL TALK· I ?.T~I I,lelq 14.48e, I 1~031 ltTJ71 /_7?8 I I 8~,732 4t l,ll I 11 .Si3, INSTALLATION WORKSHEET PERCENTAGE OF TIME SPENT ON INSTALLATION CALCULATED BY TASKS I A.) TOTAL MAN-HOURS: *.) TOTAL TASKS: C.) TASKS WITH NO POINT VALUE D.) ADJUSTED TASKS (B-C) E.) TOTAL MAN-HOUR8 PER TASK (A/D) F.) TOTAL TASKS INCLUDED A~ INSTALLATION G.) TOTAL MAN-HOURS SPENT ON INSTALLAT1 H.) PERCENTAGE OF TIME SPEMT ON INSTALIJ 0,.180 14,430 (2,77e] 11,603 0.70 1,413 4o491 AS PART OF THE OVERALL WORK ROUTINE THE INSTALLER SPENDS 1.0i~ OF HIS/HER TIME DELJVERING A REMOTE CONTROL AND EDUCATING THEI CUSTOMER ON IT8 USES; J THE INSTALLER SPENDS 20% OF HIS/HER TIME PICKING UP. DELIVERING, INSTALLING AND EDUCATING THE CUGTOMER ON THE FUNCTION AND USES OF CONYERTERS. THE INSTALLER SPENDS 33% OF HIS/HER OVERAI. L TIME ON THE ACTUAL INSTALLATION ITSELF. EXHIBIT B MUELLERLEILE & HARRINGTON, LTD. REQUEST FOR ADDITIONAL INFORMATION COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE REFERENCE: Part I Cover Sheet, Page 1, Item (2) INFORMATION REQUESTED: Provide reconciliation of current rate for basic (without franchise fees and equipment) $8.50 to Part II, Worksheet l, Line 101, Column A amount of $10.89. BASIS OF REQUEST: When $8.50 is increased by franchise fee, equipment and PEG, we should be able to ascertain basis of $10.89 amount. From information submitted, reconciliation cannot be constructed. FROM WHOM: Operating Company CH-1 COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE REFERENCE: Part 1, Page 3, Item (2) INFORMATION REQUESTED: Provide reconciliation of current rate for tier (w/o franchise fees and equipment) $13.76 to Part II, Worksheet I, Line 101, Column B amount of $14.44. BASIS OF REQUEST: See CH-1 FROM WHOM: Operating Company CH-2 COLUMBIA HEIGHTS/HILLTOP REOUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE REFERENCE: Part l, Page 1 & 3, Item (2) INFORMATION REQUESTED: From detailed channel listing attached, validate number of channels on basic tier (21) and preferred tier (34). BASIS OF REQUEST: Basic computation information validation. FROM WHOM: Franchise executive CH-3 o 1 · $ · · · lO Teud ,~,~b~ Caufuuds / es .................. · :'k · 8ae)Lu.~B &qTR.Lj.~ D~,jVH~D COLUMBIA HEIGHTS/HILLTOP REQUEST FDR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATIDN SCHEDULE REFERENCE: Worksheet 2, Line 201 INFDRMATION REQUESTED: Provide copy of 09/92 customer billing supporting Tier charge of $7.75 and $15.20. BASIS OF REQUEST: See CH-4 FROM WHOM: Operating Conq~any CH-5 I[ II t! IIII II COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADD~TIONALINFORMATION SCHEDULE REFERENCE: Worksheet 2, Line 204 INFORMATION REQUESTED: Equipment revenue calculation at Og/30/g2 using fiscal year averages as per instructions, not quarterly average as used. BASIS OF REQUEST: Difference between schedule submission and instruc- tions. FROM WHDM: Operating Company CH-7 CHANNEL · 00 0 1 2 3 4 5 ? 10 11 12 13 COLUMBIA HGHTS. HILLTOP 'FRIME 8PORT8~' 24 *Ut't= I IIM~ 29 KTI'N 29 ' '" aO 'HF..ADd. JNE NEWS~ 31 'LEARNING CH.ee 32 *NI~ODEON** 33 C HQH'T~ I~IB AC~ 34 *I4TY"~ 38 ~.ATHER CH.-- 4~ BARKER CH~'' I 54 :*BUL BD/~RAVO/ADC I 80 *PREVUE GUIDE~ 71 Ope. | o ~ ~C ~" :':~ ;- . . . T ... ' :..' ..... COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE REFERENCE: Schedule C INFORMATION REQUESTED: Explanation as to Net book Value determination as of 06/30/93 versus 09/3D/93. BASIS OF REQUEST: In~act on Net Book Value for 11.25% calculation and resultant Worksheet 3, Line 3D1 in~oact. FROM WHOM: Operating Company CH-9 BENCHMARK FORMULA The benchmark formula is the following: LNP - 2.3509 · 7.3452 (RECIPSUB) - 0.8878 (I.NCZ-L~N) * 0.1006 (L.NSAT) LNP - natural Iofanthm of the I:~nchmat~ rate Der channel; REOPSUB - I/numbef of households subscnbin! to the cable system; LNC~AN - natural Iosa~hm of the numbef of channels in use in all ~,ulated tiers of service; LNSAT - natural Iosanthm of the number of satellite-delivered c:ham~ls in all reguLa~:l tiers of service. To calculate your benchmark Der-channel rare, inse~t the reol~rocal of the number of subSCribers to youf sy~em, me natural Iosanthm of the number of channels of basic and aca~le I~mgrammm$ service, and the natura~ iopmhm of the number of satellite channels ot basic and cable pro$rammin$ service into the m:luation and take me antilofanthm o/the result. No~e th~ you should use the number of ch~nels and satellite channels in the franchise area bu~ the numl~r of subscribers to the whole system. COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE REFERENCE: Schedule A INFORMATION REQUESTED: Provide detailed fixed asset and records and calculations for tools. depreciation BASIS OF REQUEST: See CH-9 & 10 FROM WHOM: Operating Company CH-11 COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIALBASIC CABLE P~ATE APPROVAL REQUEST FOR ADDITIONAL INFDRMATION SCHEDULE REFERENCE: Part III, Page 3 Allocation INFORMATION REQUESTED: Provide information supporting the average number of subscribers for all franchise territories. BASIS OF REQUEST: Validation of allocation to specific franchise unit FROM WHOM: Operating Company CH-13 o o 0 COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE REFERENCE: Schedules A & C, Columns D & G INFORMATION REQUESTED: Provide either a; statement of entity as Proprie- torship, Partnership or "S" Corporation or b; information regarding deferred tax computation and Federal/State tax computation on capital asset depreciation and return or investment. BASIS DF REQUEST: Schedules A & C in accordance with instructions FROM WHOM: Operating Company CH-15 HCV'- 1-93 ~0~ 16:49 hlE~ HERITAGE ASSOCIATES FAX ~C. 5152468210 P, 02 COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE REFERENCE: Schedule B Support and Schedule A Support INFORMATION REQUESTED: Provide detailed explanation and documentation regarding use of allocated vehicle costs (15.4% & g.7%), tools (15.B5%) and labor (54.gg%, 57.76%, 62%) for determination of amount on Part III, Page 3, Line 32. Why are these factors not 1DO%? BASIS OF REQUEST: Direct impact on Og/3D/92 rate determination which is basis for current rate determination. FROM WHOM: Operating Company CH-17 I I -, I ! I~mlk I ~qMIk IC104 0 0 ),,I MO IM'C] EXHIBIT C MEREDITH/NEW HERITAGE STRATEGIC PARTNERS, L.P. RESPONSE TO MUELLERLEILE & HARRINGTON, LTD. REQUEST FOR INFORMATION COLUMBIA HE~GHTS/HH.LTOP REQUEST FOR INITIAL BASIC CABLe'. RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDULE i~EFERENCE: INFORMATION REQ~~: BASIS OF REQUEST: FROM WHOM: Part I Cover Sheet, Page 1, Item (2) Provide reconciliation of current rate for basic (without franchise fees and equipment) $8.50 to Part H, Worksheet 1, Line 101, Column A amoo~nt of $10.89. When $8.50 is increased by franchise fee, equi.rmmnt and PF_~, we should be able to ~ basis of $10.89 amount. From information submitted, reconciliation cannot be constructed. Operating Company Basic Rate $ 8.50 PEG Fee $1.88 Franchise Fee $ .51 Total Basic Rate $10.89 The basic service rate of $8.50 (reflected on Form 393. Part I. Cover Sheet. Line (2)) is the current basic -_w_rvice rate exclusive of franchise fee cha~es. No e~_uipment cha~es are included in the $8.50 basic ~ervice rate: e~_uipment charges have been unbundled and separately priced. The $10.89 basic tier rate charge (reflected in Form 393. Part H. Worksheet 1. Line 101. Column A) consists of the $8.50 basic service rate plus all franchise fee charges (inclu_din~ PEG fees promrly considered franchise fee charges) relating_ to the provision of banic service. No epuipment charges are included in the $10.89 rate. Please note that the ~stem's current basic service rate of $8.50 ($0.4038 per v~hannel) is ~ than the Maxlmnm Permitted Rate of $8.56 ($0.4077 per channel) derived from Worksheets 2 COLUMBIA HEIGHTS/HH.LTOP REQUEST FOR INITIAL BASIC CABLR RATE APPROVAL REQI. IF.~T FOR ADDmONAL INFORMATION BASIS OF REQUEST: FROM WHOM: SCHEDU~-~ RD'Ea~CE: ~rt L ~ 3, Item (2) INFORMATION RF~UESTED: Provide rmmzi]laflo~ of current rate for tier (wlo franch~ fees and equipment) $13.76 to Part I~ worksheet 1, Line 101, Cohnnn B amount of $14.44. See CH-1 Operating Company Franehke Fee on Tier $ .68 response to CH-1. COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEDUL~ I~EFF_RENCE: Worksheet 2, Line 202 INFORMATION REQUF.~TED: Listing of Sept. '92 Tier Channels and Preferred Service Channels, supporting 17 & 35 channel numbers. Have validated by Franchise executive BASIS OF REQUEST: Because Current Benchmark is carryover of the 09192 computation, Worksheet 2 is important basis of calculation. FROM WHOM: Operating Company and Franchise Executive Channel Chart attached, as well as channel line-up comparison for your information. CH-4 Z ICTCA InS) -.$ HEJELEE NEW S ? 8 ~ 10 ~ KAM INK) 13 W~N ~4 T~ FJUIILY DIANN~ ~S MIDWEST S~ ~N~ -- ~s GOV~IMIIT~ s'/ 18 ESPN 20 AMEmCAN MOVIE CLASS~ 22 CNN 23 IL'IMA IN).) 2S ClIlG1~ ~l C4P~ ti 29 37 Vli-I 38 C~O I/HAIlER 39 TItE IK:AIIER CWUIXE 40 ~ 4s ~ 43 ~ 4S rolm spores KlW~I[ Em i Pmmw imBe 12/!1 48 CAJLEH.USPI'V REOUESTI 49 CAJL~ PLUS PII'v I~'OUESTIIJSPS~ 52 KABL ILI)GU. lmOGILMIMIIG) lllllllmmm lUlikml iPu~lmm II/PIII~ L.m~ Sm, vici i! Iv~ olay m addmofl to BlmcSer'Ace- pmtllTId Serl~ Il IVal~ only m Imlllmn to L,~ SenAcl- pmflaum .er, m:es afld Cable Plus mw:# Im availal~ mm Lmml Smv~ Sram mm mmmmi m mm link ~ cmmmmlepiemmtam Cmmmml Um'OP' AREA I. - AREA IV AREA V I ummml I El EMmmiiM TmqlWm S4 CimmmmiW kgmi m SS AimIM W~ 11w Mmm G~wlm rdmmm EWItl l m Wme~ l ' # k/q' 53 EdlelliOlll AAmll OWl. 16 H The Tm~m CImmm ammm'W M BmTN/Immmam mm s:~ C3mmmml4~ klmm Im 53 ~:_':.:_ ' - M E/lllilml AIIml M ~ ~ i Ilmlmm mmlgl 6T 11m Tram Cmmmt S? PIiIll ~ iommm JiJtEA VI CABLE TV NOlfid G[rllIKAL cmenm Sram l~01qmm almmmmJ blmmm) 4G9999 483-6411 COLUMBIA REQUEST FOR INITIAL BASIC CABLe. RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCm~UL~ REFERENCE: INFORMATION REQUESTED: BASIS OF REQUEST: FROM WHOM: Worksheet 2, Line 201 Provide copy or 09/92 customer billing mpporflng Tier charge or $7.7s and Operating Company Attached. Please note thnt we do not Fetnln act-a! bilk, however, the attached are DFintouts frmn mieroJPwhp_ for _~me time frame (the n.qm~ bsve b~__n rle__l_~_pd_ dn~ !fl privacy l~o~uh~nenta~. Ill Se_uf_~nher o~ 1992 .~ bilk did no~ break Basic and Preferred Service out MANANGEMENT AREA 21 COLb-MB IA HEIGHTS/HILLTOP 510~ NE'6TH-ST ~°T 22 AC CT= ~96451-C)4-~ Z%P=55&21-16~0-CR69 ~T=021 ACCNT=O2 FT~=IO ~TE=~228 ~S=~: C~T ~O ~T SCL=O DT~N ~ ~ : BL~ RSC=B DC~ CYC=B TE~=N H~ C~ : ~S1 DAY=15 ~~ ~107 Z~ 5/02/92 : ST= 5/02/92 LT= 9/22/92 CT=10/15/92 : BT= 10/15/92 SENT= : B51 : RTE* 7.75 :DE~ .~ :~EZNG .... > : CU- .~ :]~ .~ :~- .~ : 90- .~ :120 .~ :TOTL .~ : LP~ ~/22/92:C=0 ~0 ~0 :ST~ ~/02/92 : SC~ ~/02/92:Z~ .~ :LC= .~ : O5-15 BASZC *05-15-92 DUE 06-15 BASZC ~06-t5-92 DUE 07-15 SLSTAX 07-21 PAYPIWT 0~-15 SLSTAX 09-15 BAS! C ~ 09-15-92 OUE 09-22 PAYI~IT 7.75 : 05-15 SLSTAX .50 : 11.74 : 06-02 PAYMNT 11.74-: ?.75 : 06-15 SLSTAX .50 : 8.25 : 07-15 BASIC 7.75 : .50 :-07-15-92 DOE 16.50 : 16.50-: O8-15 BAS%C 7.75 : .50 :'08-15-92 DUE 8.25 : 7.75 : O9-15 SLSTAX .50 : 16.50 : 09-15 PAYM~T 8.25-: 8.25-: 09-30-92 DOE .00 : : : : HGHT AREA 21 COLUHBIAHGTS/HILLTOP :CN'"N ove,o~ SCL,0 I)TI)-$ W ~ 8LM RSC,e KI)~ CYC,8 TEX,N HZI~ CZII~ :.00-s1 DAYrI5OW, tX~ Snr116 l~- '~1(]3/09 :ST- ,/CS/M) LT-9/OZ/9Z CT~IO/15/TZ :BT-10/1S/gZ Sen- :RTE* :P').gs :I)B~ .IX) :~GEZIIG--) 22.95: 09-15 SLSTAX 1.4,9 COLUMBIA HEIGItTS/H1LLTOP REQUEST FOR INITIAL BASIC CABLF~ RATE APPROVAL RF~UEST FOR ADDITIONAL INFORMATION SCHEDULE I~EFERENCE: Worksheet 2, IJne 204 INFORMATION REQUESTED: Equipment revenue calculation at 9/30192 using fiscal year averages as per instruction, not quarterly average BASIS OF REQUEST: Difference between schedule submission and instructions. FROM WHOM: Operating Company 4th 1~ 2nd 3rd Otr.'91 _Otr.'92 Otr.'92 _Otr.'92 Total Installation $ 2,;}89.32 $ 1,404,~4 $ 2.009.87 $ 1.904.33 S 7.707.86 Remote $ 23.032.25 $ 25.588.99 $ 24.496.69 $ 24.002.87 $ 97.120.80 Add. Outlet $12.052.81 $13.198.13 $13.683.90 $13.514.00 $ 52.448.84 Converter $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total $ 37.474.38 $ 40.191.46 $ 40,190,46 $ 39.421.20 $157.277.50 Monthly $12.491,46 $13.397.15 $13.396.82 $13.140.40 $13.106.46 The impact of using the full year equipment revenue as opposed to the 3rd quarter of 1992 has no impact on the maximum permitted initial rate calculated per the FCC worksheets. The following_ are the base rates _oer channel (Worksheet 2. Line 210) calculated the origi_'nal way and usin~ a f0ll year of equipment Ortlv. Annual Base Pate(line 210E) Benchnmrk(line 220E) ~.4442 ~.4441 ~.4552 ~.4552 The result of utilizing the full year equipment revenue as o_o_oozed to the ;}rd quarter of 1992 does not chan?e the u_ltimate c_a_!culations that require us to enter the benchmark on Line 300 of Worksheet 3. since the base rate still is less than the benchmark (I~ line 210E is less than or equal to line 220E. go to Worksheet 3 and enter line 220E on line CH-7 COLUMBIA HEIGHTS/HILLTOP REQUi~T FOR INITIAL BASIC CABL~ RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION BAS~S OF REQ~T: FROM WHOM: Worksheets 1 & 2, Lines 104 & 204 Breakdown of equipment revenue for both years (See CH-7) as per instmctiom. Support schednk includes hmtahflon/Rmnote and additional outlet; whereas instrucflom hdk3te inclusion of converter box rental/remote/additional outlet/~tion/~~reco~tier change. Operatin~ Company The eom_nanv included only those eo_ui_ument/in~tultu.fl, on cat~oFies indicated because they were the only catefories where revenue was derived. There was no revenue fenerated for converter r~nt~! dunlap aha ~ frame called for on the woFksheets in o~uesfloil Rs the com_nanv did not Imve a converter rental ehnrg_e 8nr4n? those times. There is no char~_e for disconnection, Tn~_~llmtion revenue in~h~fl_~ _r~_onn_p~t_ __s and tie** f, hmnp~q and has never been accounted for separately. CH4 COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABLF. RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION SCHEI~ULE RF~FERENCE: INFORMATION REQUESTED: BASIS OF REQUEST: FROM WHOM: RESPONSE: Schedule C Explanation as to Net book Value determination as of 6/30/93 versus 9/30/93. Impact on Net Book Value for 11.25% calculation and resultant Worksheet 3, Line 301 impact. Operating Company Information was held consistent for all schedules and utilized the most recent fiscal year end (June 30. 199;~) As such there is no relevance in calculatin~ based September f'_lgures. As our calculations needed to i~- done in order to implement our rate bv 9/1/93 it wa~ impossible for ns to utilize figures of either the end of August or the end of September, CH-9 COLUMBIA HRIG~.LTOP REQUEST FOR INITIAL BASIC CABI.i~. RATE APPROVAL REQUF~T FOR ADDmONAL INFORMATION SCHEDULE REI~ERENCE: INFORMATION REQ~~: BASIS OF REQUEST: FROM WHOM: Schedule A Reconcile vehicle details and pFovide detailed depreciation calculatiom. Schedule A equals UDetails for Caimhflm" worksheet but dohrs and allocation ~ fOF vehicles do not equal detailed vehicle lists included in inf~ submitted. Operafln~ C~npany The detailed vehicle list provided was meant to resist in deteFminlna whnt vehi¢l~ were ~b_ted to and service (28% for instalhtion and 16.8% for seryi~ as can be seen from the detaiD. These %'s are then multi_plied bv the time _s~ent by the installers and service tech~ on In~ffalLq _fl_On_ snd msflm~nnnf~ of eoujrmu~_~_ fi, e. .S499 x .28 -- .1S40 for installe~..S776 x .168 --- .0970 for service). These %'s are then aDDlied to the totul vehicle cost fFom our feneral ledL, er ~accounts 1309.00 and 132S.00 which were attached in OUF initial reouest). We do not msaintain depreciation schedules on individual vehicles on OUF feneral ledger. COLUMBIA HEIGHTS/HILLTOP REQUEST FOR INITIAL BASIC CABL~ RATE APPROVAL REQUEST FOR ADDmONAL INFORMATION SCHEDULE ItEFERF~CE: INFORMATION REQUESTED: BASIS OF REQUEST: FROM WHOM: RF~PONSE: Schedule A Provide detailed fixed asset and depreciation records and calculations for tools. See CH-9 & 10 Operating Company Hi~toric_n_llv. the test and tool eo_uipment purchased for m0nit0rin_~ the cable headend, installation of cable in the homes, servicing customer complaints, and m0nit0rine cable plant b_v line technicians were combined on the eeneral ledger. To break the various components apart we did a study (shaded box on the f'u'st page under tab 9) to determine the _m)rtion of the tools .tb_.a.t relate to recoverable services and ponrecoverable services. Our study indicates that we anticipated total tools of $343.500 which is close to the actual cost of the tools on the ~,eneral led~er of $348.165. The portion of the tools that relate to re_~mlated services are the installer tools (7.44% of the total) and the service tools (8.41% of the total). The combined percenta_~e used is 15.85% and represents the total of the two components that are regulated. CH-11 COLUMBIA i~IGHTS/I~J.TOP REQUF.~T FOR INITIAL BASIC CABLe. RATE APPROVAL REQUEST FOR ADDITIONAL INFORMATION BASIS OF REQ~T: FROM WHOM: Schedule B SuppoFt Labor and service call statistics for year ended 09130193 to redetermi~ allocations of annual operating expense for service/~tion and maintenance. Applicant used 06/30 (7 month) data. Statistics should correspond to Fate period. Operating Company The basis for this information was a report tht implemented befinnJnf in December. 1992 which eorresuonded to new software on our billin~ add reDortin~ service. Cable Data. Because we needed to imDlement our new rates, uer the FCC. on 9/1/93. it wa~ not possible to use any-other fifures to accurately arFive at the ~oeation a_D_ulied to the 12 month o_Deoffin? COLUMBIA HEIGItTS/HILLTOP REQUF. fiT FOR INITIAL BASIC CABLE RATE APPROV~ REQUEST FOR ADDITIONAL INFORMA~ON SCHEDUL~ REFERENCE: INFORMATION REQUESTED: BASIS OF REQUEST: FROM WHOM: Part III; Page 3 Allocation Provide information mpporth~ the average number of subscribers for all franchise territories. Validation of allocation to specific franchise unit Operating Company Attached. ~ O~ '~ B CD CO ~ &~ CD ~ ~ -.,..1 CD ~ O~ ~ L,o CD Co 0 Z ~0 L"q o\O ~ I~J .,..m,. CO ~ o\O o\O 0'~ Oo 0 .,..3 ,.< o~ o~ I-~ 0 o~ Z CD -) '.~ l.-, (CD w 0', w 0 0 w w w 0\o 0 ~ Ln ~ 03 Z ~ 0:~ -..4 LD ~ LD -.,4 ~ ~ CD O~ o\° 0 o~O 0\o ~ OD ~ 4::,,. CID ~ CD ~ LID O~ ~ o\° L~ CD ~D ~ LID ...,4 o\o ~ ~ CD 0 0 0 0 0 0 0 0 ~-~ · .,.I I-.' ~-~ l'~ 0 0 o\O 0 oXo O~ -..4 ~ C) LR ~O 0 -~ ~D ~ e~o 0 ~o ~~ CD CD 0 4::,. ['o I.-' ~ 0 CD C) C) COLUMBIA HEIGHTS/HH~LTOP REQUEST FOR INITIAL BASIC CABLE RATE APPROVAL REQUF~T FOR ADDITIONAL INFORMATION SCHEBULE REFERENCE: INFORMATION REQUF~TED: BASIS OF REQUF_~T: FROM WHOM: RESPONSE: Schedules A & C, Columns D & G Provide either a; statement of entity as Proprietorship, Partmrship of "S' Corporation or b; information regarding deferred tax computation and Federal/State tax computation on capital asset depreciation and return on investment. Schedules A & C in accordance with instructions Operating Company The legal structure of North Central Cable Communications Corporation is a C-Co_rporation. Based on the instructions. Column G allows for federal and state income taxes payable by the entity. Due to the large losses that have been incurred by the entity in the _tm.st there are no taxes myable under generally accepted accounting practices or under the Federal Income Tax Code. Attached is a copy of Footnote 4 to our June 30, 1993 certified f'mancial audit attestini to the lack of any taxes payable and the lack of any deferred la.xes accrued. Based on the in. ructions a_n_d the intent of the return on capital concept, no percenta_~es can be used to recover taxes that do not exist, CH-15 REQ~ FOR INITIAL BASIC CABLE RATE APPROVAL RF~UEST FOR ADDITIONAL INFORMATION D~O~TION REq~ BASIS OF REQ~T: FROM WHOM~ C my 'I1]e factors thnt so into ~Jn~. 32 of Part HI OD in~tnllnt!On end mnint~nnnr+~of retmlnt~d eon _h'm~_~_. The _~__~__ntn~es lkt__~_ are doe- _mc~ted in tnhs 9 end 10 of our submittnl. The uercentnnes derived from our doenm~ntnflon are uflli~ to arrive at nDurom4atn _J"mures for retmlnted b-.~tnlln_tion nad mnlnhmnn~_ af ~o_ul_nm~nt, Th~m~ fe~tnrS re~_~ th~ dollar or tb~_. _[~nt Oil retrain _h~_ CH-17 EXHIBIT D MUELLERLEILE & HARRINGTON, LTD. FINAL REPORT Muellerleile & Harrington, Ltd. Certified Public Accountants January 20, 1994 2393 Rice Street · Roseville, MN 55113 (612) 481-1128 Mr. Thomas Creighton Bernick & Lifson 5500 Wayzata Blvd. Suite 1200, The Colonnade Mpls., Mn. 55416 Re: Columbia Heights/Hilltop Cable Commission Dear Mr. Creighton: Pursuant to our engagement to provide consulting services to you for Columbia Meights/Hilltop Cable Commission, we submit this letter summarizing our findings. Under separate cover are the documents and working papers supporting our positions. For the purpose of our analysis, the cable operating company is referred to as "applicant". i) Inarguable issues: a.) The applicant has not made changes to account for an FCC misprint of inflation factor on forms at 121.8. The applicant should have used 122.5. b.) The applicant allocation percentage for Vehicle R&M and Vehicle Oil & Gas is inconsistent with Vehicle percentage determined on Schedule A and Vehicle lease expense. c.) The applicant has created information on lines 109B, 109C, 209B and 209C on the application forms and included information on these lines, as is inconsistent with approved forms. d.) The applicant has used quarterly averages of equipment revenue for Worksheet 2 rather than annual averages as required by the instructions. e.) The applicant used the Benchmark Rate table for 1500 subscribers. The Form FCC 393 instructions reads as fol- lows: "Select the table with the number of subscribers closest to the number of subscribers on you system." and "...total number of channels ...on those regulated tiers for your community unit." With total system subscribers in excess of 100,000, the applicant should have used the Bench- mark Rate table for 10,000 subscribers. 1 2) Issues that, in our best judgment, are handled by the applicant in a manner inconsistent with FCC instructions or sound allocation principles. a.) The applicant did not include a factor for Maintenance Facility Cost (deemed as insignificant by Applicant). b.) The applicant did not include disconnect activity as a "tier change" task for determination of installation cost allocation to e.quipment costs. c.) The applicant should have used allocations of installa- tion/service vehicle costs based on unit count of vehicles in place of "estimated replacement cost" information. Allocation estimates are needed because applicant represents that detailed fixed asset and depreciation records are not maintained (CFR, Title 47 indicates use of Generally Accept- ed Accounting Principles which can be interpreted as requir- ing adequate records for the recognition of depreciation.) d.) The applicant used a tool allocation percentage signif- icantly different that manpower or vehicle allocation per- centages. A reasonable assumption that equipment services require manpower, vehicles and tools in a somewhat consist- ent relationship seems appropriate. As a result of all of the issues itemized above, the rates as applied for would exceed calculated rates as follows: Basic Tier service Program service rate From To $ 8.50 $ 8.40 $13.76 $13.60 Our sensitivity analysis indicates that to effect additional basic tier rate adjustments would require identification and validation of about $165,000 of additional total equipment basket costs. We estimate that the cost to examine the operating compa- ny records to further validate issues under #2 above and/or to determine the existence of additional equipment basket costs, and to further validate such costs in light of FCC Rules and Regula- tions, and to document our analysis in finding of fact and state- ment of conclusion format would be between $15,000 and $20,000. Given the level of scrutiny applied to the application, it is our assessment that there is likely to be little, if any, rate modi- fication, other than the above, resulting from additional analy- sis and verification. It may, however, be in the best interests of the Commission and its constituents to avoid a potential precedent setting accept- ance of the application by coordinating with similarly situated Commissions the performance of additional analysis and verifica- tion work relating to the equipment basket costs, recognizing the Commissions' fiduciary responsibility to their constituents regardless of the probability of identifying additional adjust- ments. We believe the above adequately and accurately addresses the nature of our engagement to provide consulting services in con- nection with the FCC Form 393. If you have any questions or comments, or if we can be of further service, please call us at your convenience. Respectfully submitted, MI/ELLERLEILE & HARRINGTON, LTD. / :7." '--" ...... ~ ~(enneth J. Muellerleile, CPA 3 COLL~BIA HEIGHTS/HiLLTOP CABLE COMMISSION RATE REVIEW PRELIMINARY REVIEW DOCL~ENTATiON FOR CONCLUSIONS JANUARY 19, 1994 ITEM 1 (A) INFLATION FACTOR: FACTS: Applicant submission used GNPI factor of 121.8 as the base period rate. FCC indicates misprint on form...actual GNPI factor should be 122.5 as the base period rate. CONCLUS I ON: Application should be modified to reflect correct GNPI base period rate to 122.5 for calculations on Worksheets 1 and 4. *-r- Z Z .k J, J, HILL REF LIBRARY FAX NO. 2224139 JAN-20-94 THU I4:00 J,J, HILL R£F LIBRARY FAX NO, 2224139 P. 03 :22 · N'ovember ~3 SURVEY OF CURRENT BUS[NESS Table 7,1,--Fized.Weighted and Alternative C~uan,Jty ~nd Fdce Indexes for Gro~s Domestic Product 1.c~3 124.4 11~.4 '"~ II~.~ I14.$ 11;$. 1117 1!0. 11OJ 11%4 11~ 7.4 11 ~1.~ ~.: .TTEM I VEHICLE PERCENTAGES INCONSISTENTLY APPLIED: FACTS: Applicant percentage for installation vehicles was 15.4%. Applicant percentage for service vehicles was 9.7%. Total vehicle allocation is therefore 25.1%. Applicant used 25.1% allocation factor for vehicle lease expense. Applicant used 56.38% allocation factor for vehicle repairs and maintenance and for vehicle gas and oil. No support was provided for the basis of a differing allocation factor for these items. CONCLUSION: The allocation of vehicle repairs and maintenance and vehicle gas and oil costs should be done on a basis consistent with all other vehicle allocations. 1 u~O ITEM l (C) ADDITIONAL LINES ON APPROVED FOR/MS: FACTS: Applicant added lines 109B, 109C, 209B and 209C to the approved forms to account for information not otherwise included on Form FCC 393. Instructions do not provide for additions. CONCLUSIONS: The inappropriately added lines should be deleted from the sub- mitted forms and appropriate reca!cu!ations done. m z z ITEM 1 (D) WORKSHEET 2 EQUIPMENT REVENUE: FACTS: Applicant used information ba~ed on quarterly average. Instructions specify use of information based an annual average. Applicant subsequently provided annual average information. CONCLUSION: The application should be recalcuated using corrected informa- tion, that being the annual average as prescribed in the instruc- tions for Form 393. COLUMBIA HEIGttTS/I:mI~TOP REQUF~T FOR INITIAL BASIC CABLE RATE APPROVAL REQ~T FOR ADDITIONAL INFORMATION Worksheet 2, Line 204 Equipn2ut revenue calculation at 9/30/92 using fiscal year averages as per instruction, not quarterly average BASIS OF REQUEST: Difference between schedule submission snd instructions. FROM WtIOM: Operating Company 4~h The foHowln~ are the base rat~ oer ehnnngl (Wrorksheet 2. I.me ZlI}! emenmleo me ur,_ way' and usin? a full year of eauioment revenue: _~e Rate(line 210E) Benchmark(line 220E) S0.4552 The ~-~dt of .,~'li~in~ the fnll v_~r eouiument revenue ~ oo~ to ~e 3~ mm~ of 1~ d~ not ~nn~e ~e nii;~te ~1~0o~ that ~ ~ to e-t~ ~e ~h~ 9n l,ino ~ of Wo~ih~ 3. Mn~ ~e b~ ~ ~31 ~ ~ thnn ~e ~nchm~ 210E g ~ than or ~nai to llne ~0E. lo to Wo~ 3 ~d e~r llne ~0E on ITEM 1 (E) BENCHMARK TABLE RATE USAGE: FACTS: The community unit has 3792 subscribers. The system as a whole as more than 100,000 subscribers. The applicant used the Benchmark Rate Table for "systems with 1500...subscribers". According to the Form FCC 393 instructions attached, the Bench- mark Table to be used is the table with the number of subscribers closest to the number for the "system"...and the number of chan- nels as available in the "community unit" CONCLUSION: The applicant used the wrong Benchmark Rate table and the calcu- lations on the application should be modified accordingly. INSTRUCTIONS FOR IDENTIFYING THE APPROPRIATE BENCHMARK RATE FROM THE TABLES IN ATTACHMENT A sazellite c~neis. The ~ond ~age (or zhe ~ble w~zh ~0 su~scn~ sh~ [fie ~nc~ rate for ~5-I00 c~nets and ~I00 satetlile ch~nneis. 5el~ ~bie w~ch the number of subs~ben clo~ to the numar o[ sub~ on ~ur ~. N~e ~at all s~l~s ~th 10,000 or mom subscfl~ ~ to~l numar oi chznnets ~ ~ ~ ~ien and ~he zo~l num~ of s~eili~e c~nnels ~ ~ho~ msutat~ tiem for ~r commum~ uni~ ~uats eider ~he total number of channels on zhe ~guta~ lien or ~he ~1 numar o~ ~tellile c~nels ~ ~h~ ~iat~ iiefl ~or ~ur commun~' uni~ ~uat ~e c~nnels disD~ in ~ ~ ~le, you may d~e~ne ~r ~ ~te ~r ~et ~ using ~e ~m~ssion's fo~uia, or you 1~ lhe zozal numar of sazetlite ~neis on the ~tat~ ~ie~ ~uais zhe ~tetllte ch~ne~ ~1, b~ ~e ~oml num~ of ~anneis ~ ~ne ~gula~ zien o~ not ~ual lhe ~o~al c~eis Icolumnsl, you mu~ ~o ~he foil~in~ ~[~lations: ~o zo one ~ wi~h ~ur numar o~ ~mll~e channels. ~o a~ss zhe ~ un~il ~u ~a~ ihe rates for :he ne~ f~r and ne~ g~amr zo~ number of ~nnels zhan on your c~ um~ Sub~ ~e Io~r ~te ~r ~net f~ ~e hi~her ~m ~r ~nel. D~e ibis diffe~nce by i~ ~o oo~n ~he ~r ~annet ~ze in~en~ For e~ c~net ~ ~ur commun~ un~ ~ is ~ter ~h~ ~e numar o~ ~nets disDla~ in ~ table, su~ ~or ex~oie, cofls~aer a commun~ un~ ~h 50 su0~be~ on the ~. 10 ~zelllte channels, and 27 ch~nets in ~o~t. For 10 satellite ~nne~s (S0.:~5 - ~0.026 Der channel). ~e ~n~hma~ ~ze ~r ch~nel for ~his comm~l~ un~ is ob~in~ ~ subduing ~ zlmes S0.0~6 If ~he z~l numar of c~nets ~ ~e ~ ~ien ~ua~ zhe ~1 ~neis (~[~sl b~ ~e ~o~[ num~ of sa~tlize ~nels on zhe ~o co the coiumn wi~h your numar o~ to~[ ~n~. ~o d~ the cotumn un~l you ~ lhe ~z~ for zhe n~ ~ and ne~ g~a~ zo~i numar o~ ~llhe ~nets cnan on your c~muni~ uni~ Sub~ ~he I~ ~e ~ ~et from ~e hi~her ~te ~r ~net. Divide chis For ~ote, consider a communi~ un~ wire 5o suborn ~ ~e ~. 12 ~llze c~ets, ~d 30 ~eis in z~l. For 10 ~mlli~e ch~neis S0.0S4 ~ S0.02~ or S0~6~ Them is n~ a mn~ o~ SO.8~el ~ 10 ~tlixe ~els ~d 27 t~ ~is ~d SO.A62 (or IS ~lite al~ a~ ~7 to~l c~nets. is S0.034 (~ S0.03~5 - $0.~7/~nei). For 1~ ~lllxe ~nets ~ a0d S0.014 (~ S0.~ to S0.8~nel to ~uat the ~ o~ S0.842. ITEM 2(A) INCLUSION OF MAINENTANCE FACILITY COSTS: FACTS: Applicant did not include any costs for the maintenance facility in the equipment basket cost determinations. In our meeting with the applicant, the applicant represented that the maintenance facility was approximately the size of a class- room, contained in the central facility. The central facility is leased, not owned. The applicant represented the cost of the mainentance facility as "insignificant" Form 393 instructions do not make reference to or delineate inclusion or exclusion of data based on "signlficance"...or in accounting terms "materiallty". The instructions do, however, make reference to inclusion of costs associated with the "mainte- nance facility" as being includable in consideration of the e~aipment basket costs. A classroom is estimated at about !000 square feet. Gross rents on such a facility are estimated at Sl0.00 Der sqaare foot. CONCLUSION: Schedule B of Form 3~3 ~ ~ - ~ s,~cu_~ be modified to include = $10,000 allocation of costs associated with the "maintenance facil~y''.=_ INSTRUCTIONS FOR SCHEDULE A - .' ANNUAL C~PITAL ~OSTS ASSOCIATED WITH MAINTENANCE AND INSTALI.~TION OF CABLE FACILITIES AND SERVICE I. Sc.~eauie A tomatoes me cao~3] cos~ ~ ~ui~m~ n~m~ ~ ~int~ ~e~ios. ~d suo ~ccer ~o~no~ ~ tim m~ude ~ ~t m mis ~. C:i~fl ~ ~uires you :0 K~ ~e n~ b~ vaiu~ For ea~ ~Vo~ ,n ~l~fl A fC~iu~n a minus cae sum ~ Colitis C &~d ~L you m~ ~ a i~tl~ ~or Your ~. C:~ G ill~ for ~e~ ~ ~w ~ccme ~es :~ie by ~e ~ie ~. To aii~ iora ' ~ . · ~e o( ~m. · ~ oe b~ o~ :~ 9. Coi~ H ~m~ ~u m i~ m~ ~fl~l d~abofl ~M ~or e~ ~ 10. Cal~ I ~ui~ ~u m a~d ~1~ F. G. ~a N. mtats in Coiumfl I afl~ efltet in ~ I. ~/~ INSTRU~ION5 FOR SCHEDULE ~ ANNUAL OPE~TING ~XPEN5E5 A55OCIATED WiTH ,~INTENANC[ AND INhALaTION OF ~BLE FACILITI~ AND SERVICE, E~CLUDING DEPRECIATION ail annual suaaii~, militia. INSTRUCTIONS FOR SCHEDULE C CAPITAL COSTS OF CUSTOMER EQUIPMENT · - - - -: ..... = ...... ' A cable opera:or shall es=abllsh an (%) Equipmen% Baske: costs sha~L be limi%ed :o ~he direc~ and indirec: material and labor costs of providing, leasing, installing, in repairing, and servicing cus=omer e~uipmen=, as de=ermined accordance wi%h :he cos: accoun%ing and cos= alloca=ion.re.quiremen=~ of ~ 76.924. The Equipmen~ Baske= shall no= inciuae general adminis=ra%ive overhead including general marke=ing expenses. i~uipmen: Raske% shall include a reasonable profi:. ITEM 2(B) ALLOCATIONS BASED ON TASKS LIST WITHOUT CONSIDERATION OF DISCON- NE_CT ACTIVITY. FACTS: Applicant based allocations of installation labor costs, and vehicle/tool costs in part, on a tasks list for a sample month. Tasks associated with installation did not include "disconnect" activities. Appendix A of the Cable Rate Regulation Summary indicates that installation/service activities include "tier changes" A disconnect is deemed to be a "tier change" CONCLUSION: The equipment costs associated with installation labor, and as this allocation f=ctor- impacts v_~_c_=~ les and tools,_ should be recac!ulated using the recommuted aliocaticn percentage cf 87.28% rather than 54.99%. This revised factor should be applied throughout. ALt. O~:A'rl(~N OF W~)AJl[ TASKS/POINTS FOIl .i~ULY '93 IqE~.D wORI[ T~_S~ CODE ..~ IN BTAU. FM RECONNECT iA~rPREFER NON STANDARD INSTALL tN STAU. WALL Pt. ATE$ AE DO INSTAL~ INST CO~D R~ATE YC~ EDUGA~ON INST l~C ~O lAST B~IC ONlY mST~ ~B ~TCH D~EA AEMO~ D~ YOL G~L REM HOOK UP ~B SW~CH HOOK UP ~AME lAST BAS/~REFERD UG ~CHANGE COH~ INST BA~REFERD OH ~CHANGE REMOTE HOOK UF ~ INST BA~REFERD AO TOTAL TASKS -- INSTA~ ~ACHINE BURY NEEDS ;ROUND ROD H~D BURY DROP AEP~CE UG DROP T~NSFER DC TAP iN $TA~ TRAP S AEP~CE AFT DROP RENoVE CABLE DISCONNECT TAP UC BASIC ~0 OC UM~ ~0 DAMAGED PEDESTAL DISCONNECT ALL DC BASIC ONLY PU VOL CNTAL ~lC[ U~ · IN STA~ HBO ']NST PRIME SPORTS ' [NST~ SHO ' INST~ TMC OFFICE ADD/AMY SECUR~ SPECI~ DP DISCO ' INST~ AL~ PAY ' DISCONNECT · DISC HM ' DISC SHOW/DiS ' DC H~O & HBO2 ' DC PRIME SPORTS ' DC SHO & SHO2 ' IN ~ HM ' DISCONNECT ~C ' ~SCONNECT DISN~ ' DISCONNECT HBO · DISCONNECT SHO T~ AUD~ DC T~ TOT~ T~KS - MISC. · WD TOT~ TASKS ' Jess TASKS wis POINT VALUES N ~ TOT~ TASKS TAB;CS TAq;;CS. TASKS IN-HOUSE CONTRACT_ TOTAL Z Z 1S · 4:3 2 10 1 14~ 42 1 4 qZ 2.163 I 1o I 30 ? T 14 177 Z7 1 0 S7 3.374 5 57 10,f 4 253 52 11 1 1 1 6 4 1 12 17 B,S08 7iTT1 1,03! I 3 · 2 0 4 5 48 10 12 1l T4 0 10 T 10 0 1 Z 151 4 11 775, IIft: 1,44 2.147~ 4' 4981 lab 4.250 I S.413 ~ 552 .=.~3 I 10 25-* S tis 86 I o I 1 0 14i o 3 30 ~: 0 I 2~3: 1 ~ 3.27S .l sT s . 106 2~ 722 ~ 1.~7J. 509 I 7~2~ o 4~ 1 Zl, o 12: 1,T371 2~761 6.732 47311 // Al, LOCATION ~ WORK TASKS/POINTS ;OR ~Y '~ TAS~ TASK COOE ~ IN--HOUS~ cONTRACT TOTA~ R~ONNECT BA~PREFER 2 NON $T~OARO tNSTAL~ 15 1 INST~L WALL P~TE$ 4 RE OD INSTALL 4= -" INST COLD OU~ 2 10~ 74 R~oCATE 56 VCR EDUCA~OH 10 0 ~0 INST BASIC ~O 3 7 10~ ,.sT UM~ .O , 0 INST BASIC ONLY 149 Z 1: INST~L ~B sWTCH 7 4 11 D~ER REMOTE 510 1.~96 1.~6 D~ VOL C~RL REM 42 I1 ~ 123. HOOK UP ~B SW~CH 3 1 '.: 4 HOOK UP GAME 1 0~ 1 INST ~ASIP~EFE~ UG 223 ~CHANGE LONER 84 INST BASIPREFERO OH 706 1.441 2.147 ~CHANGE REMOTE ~ 4 0 4 HOOK UP ~ 52 NOOK UP VCR 2~ 0 [NST BASIPREFERD AD ~50 gg~ 848~ TOTAL TASKS - INSTA~ RE~TE~ 2.163 4.250 6 MACHINE BURY t NEEDS GROUND ROD ~5 RELOCATE DROP ~o 61 16 REP~CE AERIAL DRP 30 REP~CE UG DROP 7 11 T~.S~E, DC T~P 7 0~ PICK UP CONVERTER 0 1 INSTALL TRAPS ~4 REP~CE APT DROP I DC BASIPREFERD AO :TT 0 REMOVE CABLE 27 3 DISCONNECT TAP =53 o ~ 353 DC BASIC ~'o 1 o DAMAGED PEDESTAL ~7 o DISCONNECT ALL 3.374 1 3.375 DC BASIC ONLY ~3 PU VOL CNTRL REM 5 PICKUP REMOTE ~7 1 PIC[ UP = UIPM~NT 1~5 1 106 · !NSTALL OlSN~ 5g 175~ · INSTALL HBO ' INST PRIME SPORTS 4 ' INSTALL SMD 252 509[ 762~ · INSTALL TMC [2 120: 172~ · OFF1CE ADD/RMV 8 SPECIAL DP DISCO 1 0 · INSTALL ALL PAY I 6~ 7; "DiSC H/M 5 0~ ' DISC SNOW/DIS 1 0 · DC HBO & HBO2 6 · DC PRIME SPORTS 1 0: 1': · DC SHO & SHO2 4 · INST HIM I 1 · DISCONNECTTMC 12 0 · DISCONNECT DISN~ 17 ' DISCONNECT HBO ~ 2' ' DISCONNECT SHO 54 0 TOTAL TAS[S -- MISC. 5.~ 2.41~I G~ND TOTAL TASKS ~ 7,771 6,668 ' ]ess TASKS wlo POINT VALUES I 1.039 1.7371 2t776; N ~ TOTAL TASKS f 6.732 4.;31 ?8. T~e Commission recognizes that c~arges for cb~ging ~iers have the potential to increase customer churn, bU~ the Com~,~ssi:n lacks specific data on this topic. Therefore,' %he Cor~ission has created an exception to the cap on rates for changing service tiers effected by coded entry on a computer :ermina! or other similar methods. Cable opera:ors who believe their system has an increasing and unacceptable level of churn in service tiers may establish an increased charge for changing service tie:s more than two times in one year. The operator must prove to :he franchising authority that the churn level in cable service tiers has reached an unacceptable level and that its esca!a:ing scale of charges is reasonable. In addition, the cable system must notify al! subscribers that they will be subject to an increased charge if they change se.-vice tiers more :ha= the specified n,~er of times in one year. 79. .=or changes in service tiers or e~_'ipment =ka-_ ........~-'.,.~,= more .-.kan coded entry on a comDu.-_er, or other simi!a_-y-~ simu!e me=hod, -h_~ = Commission adopts the ac:ua! cost ~uide!ines for =._?.:i.,Dment and .......... ~-s-a~=-~on The no-.ual cos% charge would be -~'~=~ -?,_~-~ HS-C times :he amoun?. of ~ime it takes to effec-. =he change or :.'2--C times -h_~ ~ average times such changes take. - 4. Regulation of Ca~le Programming Services a. Definition of "Ca~le Programming Service" 80. Under =he !992 Act, regu!a=ion of "cable programming service" -=-=~ and eT~ipmen= is to be co=duc:ed by =he Com, mission, not local rrna:hieing au=horities. "Cable proqr~m.ming service" is defined broadly in the statute as.all video programming provided over a cable system except that provided on =he basic se_-vice tier or un a per-channel or per-program basis. The Co~=ission will also exclude per-program and per-channel premium services offered on a mu!~ip!exed or time-shifted basis. (1) Procedures for P. mceiving, Considering, and 81. The 1992 Ac= provides that rare regu!anion cf cable programming services and equipment will occur only in response =o specific complaints -- i.e., the Commission will non reTalate cable programming service rates until it receives a complaint that a particular operator's rates are unreasonable. 82. The 1992 Ac~ permits subscribers, franchising ~uthorities and other relevant governmen: entities to file complaints about =he races for cable programming services and equipment. As reT~ired by law, complaina~, ts alleging that a cable operator's current .cable programming rates are unreasonable will ITEM 2 (C) INSTALLATION/SERVICE VEHICLE COST ALLOCATIONS FACTS: Applicant represented that installation and service vehicle c~st and depreciation records are not segregated from total vehicle records. Applicant represented that detailed fixed asset and depreciation records are not maintained on an individual asset basis. Generally accepted accounting principles (required for use in preparation of Form 393 as per CFR Title 47) indicate that such records should be maintained on a group basis and individual asset basis. Applicant used "estimated replacement cost" information to allo- cate vehicle cost/depreciation expenses. Without - '~C~- = =c_.u=t_ records, "estimated replacement ccs~" informa- tion may or may not have any degree of correlation with purchase price allocations cf vehicles. CONCLUSION: Based on information submizted, known facmors are that the Compa- ny owned 102 vehicles. Thirty of these vehicles are identified in the application as installation vehicles and twenty two as service vehicles. As such, ~=~- _is our judgement that a known percentage of 29.41% and 2!.57%, respecuiveiy, is more soundly based in factual information that the 28% and 16.8% percentages, respectively, used by the applicant as based on "estimated re- placement costs" Therefore, the application should be recalcu- lated accordingly. 1 (b) Generally accepted accountin= principles. Cable opera=ors shall main:ain ~heir accounts in accordance with generally accep=ed accoun=ing principles, except as otherwise direc=ed by =he Commission. (c) Acceunt~ required. Cable opera:ors shall maintain accoun=' in a manner =ha% will enable iden=ifica=ion of appropriate cos=s ar applica%ion of the Commission's cos: as$ignmen% and alloca=ion procedures, %o cos= ca%egories necessary for rate adjus%ments due %: changes in external cos=s and for cos%-of-service showings. Such categories shall be sufficien%ly detailed and supported ~o permi= v~,~fica=ion and audi% agains= %he company's accoun%ing records. Principles of Historical Cost Accounting Acquiring Assets .125 The general prindp[es to apply the historical cos~9 basis of accounting to an acquisition of an asset depend on the nature of the tran_~-tion: a. .~a asset, acquired by exc,hang~ng cash or other, asse~ ~s r~orded at cos~--that i~;, at the amount of c~h clisbursed or the fair value of other assets d~.n~uted. b. .,~a ~sset acquired by incarring ~b~ides is r~orded at co~--that is, at the present value of the amounts to be paid. c. An a.~et acquired by f~uing shares of stock of t,he acquiring ent~"prise is r~orded at the fair value of the a..~etl0--that is, share~ of ~tock t~ued are r~.orded at :.he fair value of the consid~afion r .ect-Zved for the stock. The general pr~ciples must be suppl~-nented to apply them in c~-tain transacdors. For example, the fair value of an asset re-_.-ived for stock issued may not be reliably det~-min- able, or the fair value of an asset acquired in an exchange may be more reliably det=~i,~- able than the fair value of a noncash asset given up. Restraints on measurement have led to the prac~cal rule that assets acquired for oth~ than ca~h, including shares of stock issued, should be suated at "co~' when the"/are acquired and "co~" may be det='mined e;~Ta~ by the fair value of the com-idemfion given or by the fair value of the property acquired, whichev~ is the more clearly evident.Il "Cos~' in a__e~otmting often m~,~ the amount at which an enterprise r~.orcis an a.~et at the date it is acquired whatever, its m~nn~' of acquisition, and that co~ forms the basis for historical co~t a~oundng. [.~PB16, Allocating Cost .126 Acquiring assets in groups requires not oniy ascertaining the cost .of the assets as a group but ~Iso allocating the cost to the [ndiv~duai assets that comprise the ~oup. The co~t of a group is determined by the principles described in para- graph .125. A portion of the total cost is then assigned to each individual asset acquired on the basis of its fair value. A difference between the sum of the assigned costs of the tangible and identifiable intangible assets acquired less Iiab[l- ities a.~umed and the cost of the group is evidence of unspecified intangible values. [APBI6, "[68] ITEM 2 (D) TOOL ALLOCATION PERCENTAGES: FACTS: Applicant based tool cost allocations on an estimated basis of tools per employee. A reasonable assumption is that an installation/service work entails a like combination of manpower/vehicle/tools. CONCLUSION: Inasmuch as the applicant's allocation percentage is based on unsupported estimates, a more rational approach is to use the manpower/vehicle allocations (as amended herein) for the tool cost allocation for consistency. OI I ~ ~ I /~ ~.~ 0~) ~ ~ .... EXHIBIT E QUAD CITIES' WRITTEN REQUEST FOR FCC RULING RE: CALCULATION AND BILLING OF MEREDITH/NEW HERITAGE STRATEGIC PARTNERS, L.P. FRANCHISE FEES CFtAMPLIN., RAMSEY ~.. '~~'~. 2015 !.,o.--.--..Mbme.o~_ SS~o~. ~l~s~o . AD C~l~.CABLE COMMUNICATIONS Nov~ 5, I~ ' COMMISSION c~ble coml:~ny to 'pass ~' its ~ ~ee t~ subs~mnl~ u ~ aclx/~ to its permitted tim ---hb ot~-ator to '...d~z~m ~ ~ ~f a sGbs~R~s 1~t 5% to its rate. . WiLson Novembe: 5, I993 ~zthet, the cable mm=a.ny Lit [ts L'~ot::tattonaI btochuze LLlcezts the [temizaUort a~nc[ coLtec~on o~ ~be ~':az~hLse fee ~o ~be coLlec'Jc~ o~ ~ State's sales raJc. The stateme=t, 'They ~ r=w ~ppeaz ~ ~ sepaz~te Ute [te=t on you bUJ. ~ = 3 ~tC. ~,; e:~pu;~yecL cry, Ou= ~-,,',~e COmFa:ty. tsee ~t A)? Ts ryds azt 'itemization' which L~ L-u=aded. bo be · Tass ttttou~t' o~ r~e~ ~ee dJzectt7 to ~Jte subsc:ibet, wtictt has neve~ ~ = ~ ju:Lidic~n az~t a=tou:tts to azt automatic 5% Lu=ea.le ~ out rates? Ms. WLLson November 5, 1993 P~,~e 3 Please address your nding/L,'tte~retation t'o my attention at t/'te above address. Your immediate attention to ~ issue would be great/), appreciat~L since our ~~ ~-~ aL,~.ady being subjected to this %,,c inc~ase in ~ rites, and we begin soon ou~ rate ze~mr~ function ~ will have to address this issue, with Franchise AdminLstra~or cc Thomas D. Creigi~n, Alio~y I~,athi Donnelly-Cohen, Meredith Cable (~uad Cities Commission Direaors FOR- ~2~ ¢~T~ LN BEGiNNinG BALANCE PAYmENT-THANK YOU AC~OI,,'I~'N~R '~ ~k~O FROM ~U.ED'TO ' C~AT~ SUBJECT T0 · ~.50 LATE Z5.~9 ~.99- X T~ ~EPORT P~SS[SLE THE~ · SERVICE. CALL ~UR Z4-HOUE Z~.~ · THEFT HGTL~NE: ~8~-9159. · ~S ~T CONF~ENT~AL. Z~/ti05~L[ &/~L/95 J Z~.99[ ~UE. ~0 J PL~SE P~Y TUNE ~H T~ THE D[SN~ CHAHNEL'$ F~EE ~U~E~ PREVia. JUUE ~-l~, F~TUR~NG SHE~=STAK,.='~. S, TOP ~Y A, ~tE..~..,~,~T;-t CA3L-~ (/FF~C.~ TO, F~LLQUT AH E.4TI~Y' FOR'q. LOCAL GOVE~4~ENTS. FOR E.~P~Eo ~F THE ~Z~.30 CHA~GE FOR BASIC AND 8Z$ &0TH LN ANOI(A PIN $5303-~Z7~ 000_].0_9$_B_cmO.,, e,,c~mu PI3 BOX &&99Z I,M,,],I,,,,ll,iI.,I. III,,,I.],,I,I.,,I,Ii, I,.I dCCOI,WI' III, meaN BIL~ED ~qOU mLl.lO ~ 0:~Z0 ],-Z]. 4& 05-0 I--0 ].0/09/g3 823 40TH LN BEGZNNZNG BALANC~ PAYIq,~-N'T-THANiC YOU 28.38- 10/09-~/08 8ASZC S~VZCE 8.~ Zo/og-~/08 PEG BALANC~ ZS. 38 ANOICA,, PIN 53303. PHONE: 427-1411. anc~ franct~lse fees will now a;;ear as se;arate lines an yam' bill. Under 13~e franct~lse granted ~ie ~mmlssla~, ~e ~e~e~(S%i ia~l gavemme~ an~or ~Dle ~mmlsslons. ~e ~ use~ ~ ~e ln~ud- ~ ~ Da~ ~ ea~ ~te a~id ~r A ~Dle se~lce. ~ey will new 8aa~r as a sea- a~e line item an y~ur ~ill simi~r ~ ~ ~les ~ a~d oDDly ~ all se~i~s. Access ar PEG ~es are caile~e~ ~y Mere~[~ Cable ;cc~s ~annels ;n~ se~lces. ~ls su~o~ is also ~;~ ~f our ~n~lse agree- ment Rs ttte i=l~ane tammany dirt same ?ear~ ago, we are turning aver owner- s~{12 of all ln-t~ame cal=ie wiring t~ you. As a result, we will na longer t2e al=ie to offer free service calls For internal wtrlng l=ral=lems. Service calls relatect to oromlems outside of the nome anct relatect to Meredith eqUil:mend inside :ne name will s:ill t:e offerecl Free. There will Ice an average ct~arcje of $16.49, I=lus franchise fees, f~r all reoalr Calls where in-name wiring is [ctent~f~ec ss :ne ~roOlern. An Ol~Ort yc~u, will nave [$ to l::~tase a ~i~e~ce a~eemenc ~r [ small The rate Far lestallatian of calale service will now I~e tamsec~ an an average ~ourIy ~. ~lu$ matedaLs one eran~lse ~ees. The ~murtv ~ar~e will ~r,;' ay me tyge of warlc cSane. ~ere ara same exgmgles': 'New instal1, unwtrect ~ame $20.51 'New [n~ll, Drewtre¢ name $15Ag 'New in. Il, u~ir~ name (underground) $28.35 'A~ ou~e~ l~l~l i~ll $ 314 *A~d a~e% seDa~e [n~ll $16.¢9 There are ormer [rlslmllalaorl ~arges r. na: our cus:amer serxice re~resen~- ~es will Cell you a~ou: as y~u nee¢ :nero. W~lle we may nave ~lscounte~ [ns~i[a:ton o~ers fr6m ~me :o :tree. :ne EXHIBIT F BERNICK AND LIFSON, P.A.'S MEMORANDUM OPINION AS TO PEG ACCESS FEES BERNICK AND LIFSON A PROFI='SSIONAL ASSOCIATION ATTORNEYS AT LAW BUITE 12OO THE COLONiMADE 5500 WAYZATA BOULEVARD MINNEAPOLIS, MINNESOTA 55~16 (612) S,4-6-120 O FACSIMILE (61~') 5'4-6-1003 TO: FROM: DATE: North Suburban Cable Communications Commi.qsion, Quad Cities Cable Communications Commi.qsion, and the Cities of Columbia H~ghts and Hilltop ~ . // , 7 Robert J. V. Vose, Legal Assr//// - ~ Assessment of PEG Access Fee by Meredith Cable February 17, 1994 You have requested that we advise you regarding whether Meredith Cable's assessment of a PEG Access fee to all subscribers in your service territory resulting in a pass through to subscribers of expenses for community programming is consistent with regulations of the Federal Communications Commission ("FCC"). I. INTRODUCTION Meredith Cable is currently making an itemized charge to subscribers for the full amount of its public, educational and governmental '(PEG) access costs and other costs such as scholarships and local origination. The issue is whether the passing through of such costs to the subscriber is consistent with federal law and the mies and regulations of the FCC. MEMORANDUM February 17, 1994 Page 2 In the 1992 Cable Act Congress stated that the FCC was required to create regulations that would "ensure that the rates for the basic service tier are reasonable". 47 U.S.C. § 543(b)(1). The FCC was further required, in prescribing rate regulations, to take into account expenditures required to satisfy PEG franchise requirements. 47 U.S.C. § 543(b)(2)(C)(vi). Specifically, Congress stated that: It]he regulations prescribed by the Commission under this subsection shall include standards to identify costs attributable to satisfying franchise requirements to support public, educational, and governmental channels or the use of such channels or any other services required under the franchise. 47 U.S.C. § 543(b)(4). On May 3, 1993 the FCC released its Report and Order and Further Notice of Proposed Rulemaking, FCC 93-177, to respond to this congressional mandate. II. PEG ACCESS FEE Generally, franchising authorities may require carriage of PEG channels on a non-basic tier. However, if the franchise agreement is silent as to the tier on which PEG channels must be carried, the cable operator must carry them on the basic tier. Report and Order and Further Notice of Proposed Rulemaking, ~[ 160, p. 108. The FCC has adopted a benchmark approach to rate regulation based on rates for systems subject to "effective competition". Report and Order'~ 172, p. 116. Regulated systems with rates above competitive levels, as established by the benchmark formula, are required to reduce their rates by up to but not exceeding 10%. Id. Using the benchmark rate system,, cable operators are required to reduce rates unless they justify current rates above benchmark with a MEMORANDUM February 17, 1994 Page 3 cost-of-service showing. Report and Order "[ 173, p. 117. However, certain specified external costs are not subject to the price cap and may be directly passed on to subscribers. Programming costs, franchise fees, costs of franchise requirements, including the cost of satisfying local franchise requirements for PEG access channels, and local and state taxes on the provision of cable TV are accorded external treatment. Id.~ The initial benchmark rates set by the FCC were required to take into account the operator's costs for PEG access along with other similar costs. Therefore, PEG access costs and other similar costs incurred under franchises effective prior to the current regulation are already accounted for by the benchmark rate. As a result, it is only new or additional costs incurred since a system has become subject to ram regulation which the FCC intended to give "external" or "pass through" treatment. For all categories of external costs other than franchise fees, the per channel basic service rate may be adjusted only for "changes in external costs". Report and Order ¶ 255, p. 160 (emphasis added). Further, such external treatment and "pass through" is permitted only for increases in allowable costs and then only to the extent such increases in allowable costs exceed inflation as measured by the GNP-PI. Report and Order ¶ 257, p. 162.2 With rmpect to ta~s. franchi.~ fe~s. md costs of other franchise requirmm~ts, the Cable Act of 1992 r~quires that in se~ing basic service rates the FCC ~ ac, cmmt thc rmsonably and properly allocable portion of thc cost of satisfying franchise rcquircmcnts to suppon public, cducafional, or o~ovcrnmLmml channcis or usc of such chaflncls or any o~hc~ sc~iccs rcquircd afldcr ~hc franchise and thc cos~ of any public cdu~ional and govc~macnufl access progrnmmin~ rcquired by thc franchising authority. Report and Order ¶ 254. pp. 159-160, 2 The GNP-PI is an entry on Form 393. MEMORANDUM February 17, 1994 Page 4 The starting date for measuring changes or increases in external costs is the date on which the basic service tier becomes subject to regulation or 180 days after the effective date of the FCC regulations, whichever comes first. Again, any changes in PEG costs which occurred prior to the date a system is subject to rate regulation will not receive external treatment. See, Report and Order ~ 255, p. 160. The rationale for allowing this pass through of external costs is demonstrated by the example of the FCC rules' treatment of programming costs. With respect to progranmaing costs other than retransmission consent fees, treatment of increases in programming costs as external costs assures programmers the continued ability to develop programming and assures cable operators the ability to purchase programming. Report and Order ¶ 251, p. 157. Accordingly on a going forward basis, cable operators are allowed to pass through to subscribers such increases in programming costs. Id. at 158. Similarly, since the Benchmark per channel rate included current PEG commitments, any pass throughs to subscribers should only account for increases in PEG costs since the date a system is subject to rate regulation. III. COST-OF-SERVICE AND RELATED PROCEDURAL QUESTIONS If PEG costs of an operator seriously impact the economic viability of a cable operator, such operators are not left without a remedy supplied by the FCC rules. Cable operators are permitted to exceed the capped rate if they can make the necessary cost showings in certain circumstances, i.e. cost-of-service showing. Report and Order ¶ 262, p. 164. Cost-of-service regulation requires determinations relating to four major cost components: rate base; cost of MEMORANDUM February 17, 1994 Page 5 capital; depreciation; and operating expenses. Report and Order ~ 265, p. 165. The cost-of- service determinations govern the extent to which cable operators may exceed capped rates for the basic service tier based on costs. Report and Order ~[ 270, p. 167. The FCC will establish cost-of-service standards for the basic service tier. Id. at 168. In their initial rate filings, cable operators are allowed to elect either to maintain rates they were charging and attempt to justify them through a cost-of-service showing or to reduce those rates to the level the FCC has mandated (benchmark rate). Report and Order ~[ 272, p. 169. The FCC recognized that Congress desired that its regulations be designed "to reduce the administrative burdens". Report and Order ~[ 8, p. 9; citing 47 U.S.C. § 543(b)(2)(A). In view of this stated goal and the FCC regulation indicating that the initial rate filing is the proper time and place to elect a cost-of-service procedure, an operator may not switch to a cost-of- service procedure once that operator has elected a benchmark regulation and submitted Form 393. To decide otherwise would allow the operator to forum shop, seek the best outcome at considerable local administrative expense, and switch procedures altogether if the going gets tough. Where a cost-of-service procedure is initially elected and the cable operator seeks to raise rates above capped levels, a local .authority must review the information supplied by the company and prescribe any rate that is justified by the cost-of-service showing including a rate lower than the benchmark. Id. at pp. 169-70. In the absence of FCC roles in cost-of-service reviews, the franchising authority may prescribe reasonable rules and procedures for such reviews. MEMORANDUM February !7, 1994 Page 6 IV. REMEDIES The regulations provide for a number of remedies for unreasonable basic cable rate charges including prospective rate reduction and refunds to subscribers. See, Report and Order, ~ 134-145, pp. 90-98. A. Prospective fFuture) Rate Reduction. The pending Meredith request for rate approval constitutes the "initial rate determination" as that term is used in the Act and the FCC roles. As such the current Meredith charges are properly characterized as "existing" rates and not "proposed" rates. "Proposed rates" as referenced in the rules refer to future increases in rates. After a local authority has reviewed an operator's existing basic cable rates and has determined that the rates exceed permitted benchmark or cost-of-service allowable levels, the local authority may order a prospective reduction of such rates to bring them into compliance with the FCC's rate regulation standards. Report and Order, ¶ 136, p. 91.3 In a benchmark procedure, the rate may not be lower than the FCC permitted rate, as determined using the benchmark scheme. If an operator requested a cost-of-service hearing, made a cost-of-service showing, and the demonstrated costs justify a rate level below the permitted benchmark level, the franchising authority is allowed to order a prospective rate reduction to the lower level, since 3 l:oomo~ 356 indicates that thc term 'prospective ram rcduct~n" rcfers to an otxicr by a local authorioy to rcduc~ or rollback existing rates that m'c disapproved as um'casonabic, to a lc'vel Ii,at is rcosonable on a pFos~c basis only. In rAis way. ~ r~ is distinguishable from a '~"fund' which is afl order that an ope~tor make a dircct payment or credit to subscaSbc~ to make t~cm whole for ~e portion of past bnsic cable payments dmt have been disapproved as unreasonable. The FCC determined that prospective rate reductions ate authorized by 47 U.S.C. § 623Co)(5)(A) which r. mpowers the FCC to cstablish proc~ur~s by which local authorities may cnfo~c ~c rcgulalions. MEMORANDUM February 17, 1994 Page 7 the facts prove that lower level to be the reasonable rate level for that system. Report and Order, ¶ 138, p. 93. B. Refunds. The FCC has also specifically granted local rate-making authorities the power to order refunds to subscribers. Report and Order, ¶ 141, p. 95.~ The FCC indicated that such power would be used mainly in three situations, one of which is applicable to the pending Meredith review. Report and Order, ¶ 142, p. 95. As part of its initial review of rates, a local authority has the discretion to order refunds for "unreasonable rates that exceed the permitted levels and are not supported by a persuasive cost-of-service showing by the operator." The permissible refund period begins from the day the cable operator implements a prospective rate reduction and goes back in time to the effective date of the applicable FCC regulations (September 1, 1993) or 1 year, whichever is shorter. Id. at 96. In ordering a refund, a local authority must provide an operator due process by giving it notice and opportunity to participate before refunds may be ordered. Refunds must include interest at IRS established tax refund rates. Report and Order, ~[ 143, p. 97. Mechanically, refunds are computed by taking the difference between the disputed rate currently being charged by the operator and the reasonable rate determined by the local authority. Report and Order, ~[ 374, p. 235; See also, Report and Order, ¶ 143, p. 97 (directing that local authorities follow the same procedures determined for FCC demanded refunds for 4 The amhori~y to grant refunds exists pur~uam to the FCC's broad power to "eeaurc tl~ thc rotes for ~h~ b~ic service tier arc reasonable"; 47 U.$.C. § 623Co). .. MEMORANDUM February 17, 1994 Page 8 cable programming service). Where the operator can, without undue administrative difficulty or unreasonable burden, identify individual subscribers who paid the unreasonable charge, the FCC encourages and prefers that the operator refund the overage directly to those identified subscribers through direct payment or specific credit. Report and Order, ¶ 376, p. 236. In some cases, the expense associated with identifying the exact parties eligible for a refund might be disproportionately large in comparison to the individual refunds. In such cases, the operator has the option to implement the refund by means of a one-time reduction in the future rates of the class of subscribers that have been unjustly charged. Id. at p. 237. Refund orders' are effective immediately and may only be stayed by the FCC where a petition for reconsideration is pending, an application for review has been received, or the FCC has been petitioned directly for a stay of remedial requirements. Such petitions for review of refund orders are evaluated under "well-established, judicially-approved standards." Report and Order, ¶ 378, p. 238. V. APPEALS The FCC is the sole forum for appeals of "local decisions on rates" involving whether a local authority has acted consistent with the Cable Act of 1992 or the rules adopted thereunder. Report and Order, ~[ 147, p. 99. This language includes the entire local rate-making decision process, including parallel analyses or interpretations of sections of the 1984 Act. Therefore, the review of the initial request for rates involving an interpretation of the reasonableness and propriety of a PEG access fee under federal statutes and roles would be appealable only to the FCC. MEMORANDUM February 17, 1994 Page 9 Appeals must be fried within 30 days of a local authority's release of the text of its rate- making decision. Opposition to appeals must be fried within 15 days of the friing of an appeal. Report and Order, ¶ 147, p. 101. The FCC states that "[s]ince the Commission [the FCC] is acting like an appellate court in such instances, it is appropriate to use the same standard of review -- that is, the Commission will defer to the judgment of a local franchising authority provided that there is a rational basis for the decision." Report and Order, "[ 149, pp. 101-2 (emphasis added). The rule concludes by emphasizing that rate decisions will be reviewed by the FCC utilizing a "rational basis" standard. Id. at 102. The FCC's adoption of a "rational basis" standard is of consequence. While a "reasonable basis" standard would require a local rate-making authority to show that its decision was reasonable when compared with the decisions that other "reasonable" local authorities would have made, given similar facts, the FCC's adopted standard would only require the local rate- making aUthority to show that its decision had some basis in rational thought. The adopted rational basis standard will further the FCC's stated goal of expediting review and minimizing the administrative burden. As a result, the FCC may not go beyond the record and determine what a "reasonable" local authority would have done. See, Id. at 101-2. TDC/RJVV/rkr CITY COUNCIL LETTER ~eeting of ~ Februar~ 28. 1994 AGENDA SECTION.. PUBLIC HEAltlNGS/ ORIGINATING DEPT... CITY _~_ANAGER ORDINANCES & RESOLUTIONS CITY ~NAGER' S APPROVAL DATZ. BRUA ,Z2. 199, NO ~ · , tt the Februar~ Z2. 1994. Vork Session, the City Council discussed at length the Sheffiel,~ Redevelopment and Housing Development Plan. The attached resolution and plan ~ncorporate various a~endments and points that were discussed at the meeting= E1/mination of Alternatives= The plan has been amended to eliminate alternatives including Alternative 3, Town Home Development; Alternative 5, Multi-Unit Rental Complex; Alternative 6, Duplex/Homestead Program; and Alternative ?, Single Family Rehabilitation/conversation. Additionally, on page 8 of the plan, clarification was added for the purpose of emphasizing that the city was interested in redevelopment cost alternatives that promoted clearance and single family development of the target block and that the initial phases of off-block development would concentrate on addressing the upgrading of properties directly across from the target block and the rehabilitation of properties owned by the city in the areas outside of the target block. Financing/Budget= The plan has been amended to include the use of liquor fund refunds in place of the Four Cities bond fund. Also, the plan incorporates the previously submitted Financing exhibits to serve as a sources/uses budget for the project. The actual adoption of the budget will come before the council on ~arch 28th in the for~ of approving the 1994 budget amendments, funding for further property purchases, and inter-fund agreements on the repayment of sewer funding or liquor funding proceeds that have been used for the project. Additionally, financing sources for private developers were capped with the intent that the city was not willing to pay additional funding beyond land costs and that the developer would have to seek further outside public/private financing sources to enhance their level of profit or reduce the city's level of public contribution. Implementation Time Table= The plan has been amended to incorporate the implementation time table that was discussed at the work session. The time table that was previously submitted has been changed slightly to enable staff to first put together information on the city's ability to ~arket lots. After that information is available, the city council would then consider offering a Request for Proposal to private developers. Additionally, the adoptions of budgets, inter-fund agreements, and further property purchases would also coincide with the submittal of the same report that outlines the city's ability to market the development. -Continued- COUNCIL ACTION= CITY COUNCIL LETTER Meeting of : February 28, 1994 Page 2 AGENDA SECTION: PUBLIC HEARINGS/ ORIGINATING DEPT.: CITY MANAGER ORDINANCES & RESOLUTIONS CITY HANAGER' S APPROVAL NO: 6 ITEM: SHEFFIELD REDEVELOPMENT RESOLUTION BY: PAT HENTGES BY: NO.' & ~ DATE: FEBRUARY 22, 1994. , Tax Increment Financing= The City Council will review status of the tax increment financing districts in work session over the next 30 days. I have discussed with both Publicorp and Holmes and Graven the possibility of utilizing tax increment financing reserves to either repay public funds used on this district or to further redevelop the off-block areas. Both conclude that through specific actions of the city council and the HRA, the variety of funding sources that are used to repay or cash flow the tax increment districts could be further utilized at some later date within the Sheffield area. Accordingly, the inter- fund agreements that will be discussed at the March 28th meeting will further address this financing concept. Technical Amendments: The plan has been amended to incorporate a number of technical amendments including the renaming of the plan to Sheffield Neighborhood Redevelopment and Housing Development Plan and the further clarification of why the Sheffield Neighborhood Stabilization Plan is incorporated by reference. The attached page is a summar~ of all the changes that have been made to the original draft of the plan. By adopting the resolution and plan, it affords the City the authority to undertake a comprehensive redevelopment and housing program within the defined area boundaries and involving any of the following activities, including: - Demolition of unsafe or unsanitar~ buildings, - Acquisition and repair of existing buildings, - Sale, grant of property for private development, and/or - Sale of excess property for housing development by a non-profit housing corporation. By designating the area as a redevelopment and housing development project, the City and/or HRA may finance the entire cost of the project, including administrative expenses and debt charges with any one or more of the following methods: - Apply and accept state or federal grants. - Issue bonds or other obligations for redevelopment and housing activities as defined in Minnesota statutes, - Use revenue pool including for example, revenues from other redevelopment districts to assist in the payment of outstanding bonds, - HRA may establish a special benefit tax fund for the payment of debt charges, - Operate a special taxing district within the neighborhood, - Facilitate the transfer of funds for redevelopment purposes between City funds or between the City or the HRA. -Continued- COUNCIL ACTION: CITY COUNCIL LETTER Meeting of : February 28, 1994 Page 3 AGENDA SECTION: PUBLIC HEARINGS/ ORIGINATING DEPT.: CITY MANAGER ORDINANCES & RESOLUTIONS CITY MANAGER'S APPROVAL NO: 6 ITEM: SHEFFIELD REDEVELOPMENT RESOLUTION BY: PAT HENTGES BY: NO: & ~. , DATE: FEBRUARY 22, 1994 Before any one of the above mentioned funding sources is used for redevelopment or housing purposes including federal or state grants, it is typical that a public hearing in the form of a redevelopment or housing development plan approval would be conducted. For example, in the very near future the Minnesota Housing Finance Agency will again be offering another request for proposals involving grants from their community rehabilitation fund. A critical element of this grant process involves an advance hearing on the use of the funding in a designated neighborhood or geographic area. Typically, this is presented in the form of designating an area as a redevelopment or housing development district. The adoption of this plan assures MHFA an agency like MHFA that the statutory tests of blight or low income impact are met. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 94- , Designating the Sheffield Neighborhood as a Redevelopment and Housing Development Project (the "Project") and Approving a Redevelopment Plan and Housing Development and Redevelopment Program for the Project. COUNCIL ACTION: RESOLUTION 94- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, DESIGNATING THE SHEFFIELD NEIGHBORHOOD AS A REDEVELOPMENT AND HOUSING DEVELOPMENT PROJECT (THE 'PROJECT') AND APPROVING A REDEVELOPMENT PLAN AND A HOUSING DEVELOP- MENT AND REDEVELOPMENT PROGRAM FOR THE PROJECT WHEREAS, The City of Columbia Heights through its City Council (the 'City') and Housing and Redevelopment Authority in and for the City of Columbia Heights (the 'HRA') has conducted studies, prepared an inventory of housing and housing conditions, and planned for the establishment of a housing development and redevelopment project as those terms are defined at Minnesota Statutes. sections 469.002, subd. 14, 469.002, subd. 15, and 469.017 referred to as thc 'Sheffield Neighborhood Revitalization Plan' (the 'Redevelopment Project'); and WHEREAS, at the request of the City, the HRA has prepared a Redevelopment Plan as that term is defined at Minnesota Statutes, sections 469.002, subd. 16 and 469.027 for review, consideration and approval by the City and its Planning and Zoning Commission; and WHEREAS, the Redevelopment Project will restricted to the Sheffield Neighborhood which is defined as the area in the following boundaries and as reflected on the maps of the Sheffield Neighborhood (the 'Project Area') attached hereto and incorporated herewith as Exhibit South Boundary 45th Avenue between Easterly edge of Keyes Park and Central Avenue East Boundary - Johnson Street (rear of easterly properties) and Easterly edge of Keyes Park West Boundary - Central Avenue between 45th and 4?th Avenues North Boundary - 4?th Avenue between Johnson Street (rear of easterly proper- ties) and Central Avenue; and WHEREAS, the Redevelopment Plan for the Project Area provides various project alternatives involving the acquisition of non-owner occupied duplexes which exhibit blighting influences, deterioration and dilapidation and the clearance or the rehabilitation of the duplex units into owner occupied homes and other housing rehabilitation improvements in the Project Area; and WHEREAS, the Planning Commission for the City at its meeting held on February 1, 1994, found that the Redevelopment Plan and the Housing Development and Redevelopment Program conformed with the Comprehensive Plan for the City and approved the Redevelop- ment Plan dated January 31, 1994; and WHEREAS, the HRA did consider and approve the designation of the Sheffield Neighborhood as a Redevelopment and Housing Development Project and did approve the Redevelopment Plan and the Housing Development and Redevelopment Program at its meeting held on February 7, 1994; and WHEREAS, to officially establish a Redevelopment Project and Housing Development and Redevelopment Program, the HRA, in accordance with Minnesota Statutes. sections 469.028, is required to obtain City Council approval of the Redevelopment Plan and the Program; and WHEREAS, the HRA has transmitted the Redevelopment Plan to the City Council; and WHEREAS, the City Council has held a public hearing in accordance with Minnesota Statutes, sections 469.027 and 469.028 at which the Redevelopment Plan and Housing Development and Redevelopment Program was considered. NOW, THEP, EFORE BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. The City Council hereby designates the Sheffield Neighborhood, as defined above and on the maps attached as Exhibit "A", as a Housing Development and Redevelopment Project. 2. The City Council hereby approves the Redevelopment Plan as prepared by the HRA and City. 3. The City Council hereby approves Sheffield Neighborhood Revitalization Program (the 'Housing Development and Redevelopment Program'). 4. The HRA in conjunction with the City is hereby authorized to carry out the Redevelopment Plan and the Housing Development and Redevelopment Program and the HRA is authorized to assist in administration of the Program. Approved this MOTION BY: Voting Aye: Voting Nay: Absent: day of February, 1994. SECONDED BY: ATTEST: JoAnne Student City Council Secretary Joseph Sturdevant Mayor 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. LIST OF CHANGES MADE TO SHEFFIELD NEIGHBORHOOD REVITALIZATION PLAN 2-24-94 Cover title was changed from 'Sheffield Neighborhood Revitalization Plan' to "Sheffield Redevelopment and Housing Development Plan". Page 8: - add wording to paragraphs 1, 2, and 3 to clarify development priorities on target block and off-block; - add paragraph 5. Page 9: - omit 'No. 1' from page heading; - item #3 in financing sources changed; - wording in NOTE changed by eliminating reference to pending $350,000 grant application with MHFA. Page 10: - omit "No. 2" from page heading; - item ~3 & 4 in financing sources changed to include Liquor Fund and exclude Four Cities Bond Money and also use of additional Funding from Reserve Funds; - wording in NOTE changed by eliminating reference to pending $350,000 grant application with MHFA. Delete entirely "Alternative No. 5 - Townhome Development" (old page 11). Page 11: - omit "No. 4" from page heading; - item #3 in financing sources changed; - wording in NOTE changed. Delete entirely "Alternative No. 6 for Multi Use Rehabilitation' (old page 13). Delete entirely "Alternative No. 7 for Duplex Rehabilitation" (old pages 14 and 15). Delete entirely 'Alternative No. 8 for Single Family Rehabilitation" (old pages 16 and 17). Page 12: - omit 'No. 8" from page heading. Page 13: - omit "No. 9" from page heading. Page 14: - omit "No. 10" from page heading. Page 15: - add paragraph under title line referring to sources/use development budget; add additional sentence in last paragraph referring to use of Liquor Fund. Add following pages: - page 17, "Acquisition/Clearance Financing' Source/Uses Budget - page 18, 'Off-Block Redevelopment Phase I Rehabilitation" Source/Uses Budget Page 19: - replaces old page 23, Implementation Schedule--added new schedule and changes dates. Page 22: - replace old map with one showing lot and block and city owned properties. Page 41: - replaces 'Cash Balance of Major Funds as of 10-31-1993' page with 'Cash Balance of Major Funds as of 12-31-1993" page. Page 44, - adds last paragraph disclaiming the use of the Sheffield Stabilization Study. CITY OF COLUMBIA HEIGHIS HOUSING AND REDEVELOPMENT AUTHORITY 590 4011.1 AVENUE N.E. COLUMBIA HEI~, MINNESOTA JANUARY 31, 1994 ~O~D: ADO~D: FEBRUARY 8, 1994 by HRA Board of Commissioners by Cily Council SHEFFIELD NEIGHBORHOOD REDEVELOPMENT AND HOUSING DEVELOPMENT PLAN SHEFFIELD NEIGHBORHOOD REVITALIZATION PLAN INDEX TITLE PAGE EXECUTIVE SUMMARY ....................... 1 INTRODUCTION ......................... 3 STUDY/PROJECT AREA DEFINED .................. 3 BACKGROUND INFORMATION .................... 3 ZONING AND COMPREHENSIVE PLAN DESIGNATIONS .......... 5 PREVIOUS STUDIES ....................... 5 RATIONALE FOR PUBLIC INTERVENTION ............... 5 REDEVELOPMENT COST ALTERNATIVES ................ 8 D. E. F. G. ACQUISITION AND CLEARANCE FOR FUTURE DEVELOPMENT ................ 9 ACQUISITION AND CLEARANCE FOR NEW SINGLE FAMILY HOMES .............. 10 ACQUISITION AND CLEARANCE FOR CITY MARKETED LOT SALES .............. 11 RENTAL REHABILITATION PROGRAM ........... 12 SINGLE FAMILY REHABILITATION PROGRAM ....... 13 PRIVATE DUPLEX REHABILITATION AND RESALE FOR HOMESTEAD OWNERSHIP .............. 14 REDEVELOPMENT FINANCING SOURCES .......... 15 IMPLEMENTATION TIME TABLE ................... 19 APPENDICES ae B. C. D. E. F. MAP--LOCATION OF SHEFFIELD NEIGHBORHOOD ...... 20 MAP--RENTAL PROPERTIES/PARTIAL OWNER OCCUPIED. . . 21 MAP--LOT AND BLOCK MAP/CITY OWNED PROPERTIES . . . 22 PROPERTY INFORMATION BY BLOCK ........... 23 CITY FINANCING SUPPORT INFORMATION ........ 39 NEIGHBORHOOD STABILIZATION PLAN, PREPARED FOR: SHEFFIELD NEIGHBORHOOD .............. 44 S~RFFIELD NEI~ORHOOD REVITALIZATION PLAN EXECI~IV~ The City of Columbia Heights (City) and the Housing and Redevelopment Authority of Columbia Heights (HRA) has undertaken a study of the issues surrounding the instability of the residential/commercial neighborhood commonly known as the Sheffield Neighborhood. This study includes an analysis of issues surrounding three particular components~ first, the intensity of duplex and multi-family housing in the neighborhood and the lack of upgrading and maintenance on such; second, the need for either substan- tial upgrading or removal of blighting influence single family, duplex and multi-family housing units; and third, the need for buffer areas between the commercial developments along Central Avenue and the residential properties to the west of them. The City/HRA has concluded that public interaction is warranted in the Sheffield Neighborhood to satisfy a public need. During the past 10 years, there has been a general decline in the area. Property values on single family, duplex and multiple unit buildings have declined substantially. Parcels that had deteriorated houses removed from them and have been made available for redevelopment have not sold after active promotion of the properties by private interests. Due to the decline in values and lack of proper maintenance, rental units have been rented to marginal quality renters. The marginal quality renters have caused law enforcement and other neighborhood problems. The negative influence of this neighborhood has caused declines in values of property outside the neighborhood and possibly city-wide. In order to arrest the decline of and improve the values of property and living conditions in the Sheffield Neighborhood, the City/HRAhas identified their role in acquiring and removing or renovating blighting influence properties. In addition, the City has determined that it is necessary to provide financial assistance for homeowners/rental property owners in the neighborhood to enable and encourage them to upgrade their homes/rental properties to current day standards. The number of blighting influence properties, vacant unsold parcels, need for substantial upgrading of properties in the Sheffield Neighborhood, and other problems in the area attest to the need for public intervention to stabilize and improve the neighborhood. To meet the needs of the Sheffield Neighborhood, the City/HRA has developed a five-part strategy. First, acquire 20 duplex properties in the target block area (10 properties along the East side of the 4600 block of Fillmore Street and 10 properties along the West side of the 4600 block of Pierce Street), remove or renovate the duplexes into single family homes along with construction of public improvements. On those properties where duplexes are removed, the lots would be sold for private redevelopment of single family homes thereby reducing the population density in the neighborhood. - 1 - TABLE 1: STUDY ~ ~ USES # of % of Total # of % of Total Parcels Parcels Acres Acreage Single-Family Residential 119 51.5 17.3 33 Two-Family Residential 92 40 14.6 28 Multiple Housing 10 4 7.2 14 Commercial 6 3 3.4 6 Vacant 3 1 .5 1 Public Park 1 .5 9.5 18 TOTAL 231 100 52.5 100 As a supplement to the information presented in the above table, the Appendices includes additional tables which indicate lot ownership, parcel size, assessors' valuation and condition, and homestead status for the property in the study area. The study found no physical constraints to development of the 3 vacant parcels located within that study area. The vacant residential lot on Johnson Street Northeast however, has not been built upon since it was platted. Traffic/Transit Consideration The traffic level of the area (off of Central Avenue Northeast) is typical of minor arterial streets. The commercial properties along Central Avenue Northeast experience traffic of a major street. (It is State Trunk Highway 65 serving populations traversing North and South, from and to Northern suburbs and downtown Minneapolis.) The area is also served by MTC as a bus transit route along Central Northeast. Avenue Conditions in Sheffield Neighborhood During 1993, the City Housing Maintenance Code Enforcement personnel inspected all of the rental units in the Sheffield Neighborhood and did a windshield survey of the other properties in the neighborhood. Complete interior/exterior inspections of the 20 duplex properties in the target block (east side of 4600 block of Fillmore Street and west side of 4600 block of Pierce Street) found 16 of the 20 duplexes in the block with multiple violations. Of those 16 duplex properties the City has acquired 12 of the vacant duplex properties. At least 16 of the 20 properties in that block are blighting influences on the neighborhood. Outside of the target block, the City inspection found 27 other duplex buildings with multiple violations of the Housing Maintenance Code and blighting influences in the neighborhood. Due to lack of sufficient parking, at least three multiple unit structures are blighting influences on the --4-- INTRODUCTION~ The City of Columbia Heights (City) and Housing and Redevelopment Authority of Columbia Heights (BRA) have completed a study of vacant and underutilized parcels, and the housing conditions and commercial/ residential conflicts in the Sheffield Neighborhood and has considered appropriate public intervention in development and redevelopment of the area. This study follows the study completed for the Sheffield Neighborhood "Neighborhood Stabilization Plan", completed in June, 1993. The Neighborhood Stabilization Plan reflects the problems with crime and public safety, land use conflicts, low income concentration and negative perceptions of Columbia Heights. These identified concerns are in the process of being met by neighborhood policing and through this plan· STUDY/PROJECT AREA DEFINED: This Sheffield Neighborhood Revitalization Plan includes the area of the City as reflected on the attached maps of the area (Exhibit "A") and as included in the following bounded area in the City of Columbia Heights: South Boundary : 45th Avenue between Easterly edge of Keyes Park and Central Avenue. East Boundary : Johnson Street (rear property lines of Easterly properties) and Easterly edge of Keyes Park. West Boundary : Central Avenue between 45th and 47th Avenues. North Boundary : 47th Avenue between Johnson Street (rear property lines of Easterly properties and Central Avenue). The above defined area is hereinafter referred to as the "Sheffield Neighborhood". BACKGROUND INFORMATION: Physical Characteristics The study/project area is primarily developed with residential land uses: 7.3 acres, or 119 lots are single-family, and 14.6 acres, or 92 lots are two- family residential. Multi-family housing comprises 7.2 acres. 'Commercial uses comprise 3.4 acres. Approximately 9.5 acres are used for public park and approximately .5 acres are vacant. The vacant parcels include two lots on the 4600 Block of Taylor Street and one on the 4600 Block of Johnson Street. -3- Due to the age of the single family, duplex, and multifamily units, the concentrations of multiple and duplex units in the area, and federal and state income tax dis-incentives, the majority of the rental and owner occupied units have substantial deferred maintenance and updating. In addition, lower rents have attracted problem tenants to the neighborhood causing law enforcement and other problems in the neighborhood. Because of the above housing related concerns in the Sheffield Neighborhood and the negative influences that neighborhood is having on other areas of the City, and the lack of addressing the problems by the private sector, it is necessary for the public to become involved in the ways cited in this Revitalization Plan. In regard to the commercial/housing conflicts, due to "grandfather" clause provisions, the existing commercial property owners along Central Avenue cannot be required to install buffer areas between commercial properties and the abutting residential properties. Public incentives are needed to have proper buffers installed. Relevant ~RA/City Goals/Policies: In addition to statutory authority for public intervention, the "1992 Columbia Heights Comprehensive Plan Update" reflects in its Land Use and Redevelopment Plan Goals and Policies the following goals, "Protect and enhance the residential neighborhoods of the community; and improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods." The Comprehensive Plan further reflects the following: Neighborhood Protection: The City will work to protect the integrity and long-term viability of its low-density residential neighborhoods and strive to reduce the potential negative effects of nearby commercial or industrial land development through zoning, site plan reviews and Code enforcement. Central Avenue: The City will work to complete the evolution of the Central Avenue Corridor to commercial activity through land use planning, zoning and, when warranted, private redevelopment assistance. More municipal control will be exerted over the appearance and function of commercial areas along Central Avenue. The HRA Goals for 1994 include the following: Assist City in addressing redevelopment concerns in the Sheffield Neighborhood and in other areas of the City with concentrations of rented housing. In an effort to reduce the amount of rental type housing in the City (currently over 2,500 of the 8,100 dwelling units in the City are rental type units) and increase the opportunity for homeowner- ship by low to moderate income families, provide additional incentives to enable such families to acquire dwelling units. In addition, in lieu of constructing more new low cost senior housing, convert existing apartments into senior occupancy use to meet the needs of lower income seniors in the City. Having additional low rent senior only housing in existing rental units would enable and -6- seniors in the City. Having additional low rent senior only housing in existing rental units would enable and encourage ~eniors to sell their houses. In most cases At is expected that the houses sold by seniors will be purchased by low to moderate income families with children. Continue single family and rental housing neighborhood improvement program by continuing efforts to encourage and assist owners to rehabilitate deteriorating units and by acquisition and rehabilitation or clearance .of deteriorated houses· Resell lots for development of houses in accordance with City Codes· Continue current single family and rental rehabilitation programs through the Minnesota Housing Finance Agency (MHFA). Continue involvement in the CDBG Home Improvement Grant Program for single family homes. Continue involvement in federally funded HOME Program. Research feasibility of, and establish if feasible, a low interest rate home improvement loan program for moderate income home owners. Continue involvement in the MHFA Minnesota Cities Participation Program First Time Homebuyer Program. The HRA/City has been involved in publicly assisted acquisition rehabilitation programs since the 1970's. During 1994, funds from several of the programs will be targeted to the Sheffield Neighborhood under this Revitalization Plan. -7- REDEVELOP~RNT COST ALTERNATIVES: Redevelopment activities which involve a n-mber of properties are typically more expensive than those with fewer numbers of owners. In addition, the redevelopment housing development project for this neighborhood involves not only land acquisitions and clearance, but potential additional funding directed to residential rehabilitation. Keep in mind, that the purpose of adopting a redevelopment plan is to support the legislative authority to publicly intervene in the neighborhood. The plan must provide supportive documentation or evidence of blighted conditions and outline redevelopment alterna- tives that could be further investigated or adopted in the form of a redevelopment project. Further, the existence of an adopted redevelopment plan enables the city to access other government funding sources such as grants or certain types of bond financing. In the narrative that follows, the redevelopment cost alternatives are outlined in the form of different project scenarios that could be implemented in neighborhood. In order to fully obtain the goals of this plan, the City and HRA will likely have to implement more than one redevelopment cost alternative. For example, the first group of alternatives focus on the 4600(s) block between Pierce Street and Fillmore Street and have the following objective: The project(s) serve to eliminate the most blighted conditions or negative influences affecting neighborhood property values by replacing it with new reinvestment. These projects could serve as the catalyst to boost property values and promote reinvestment throughout the balance of the neighborhood. The last three alternatives work in unison with any of the first seven alternatives mentioned as they deal with the balance of neighborhood properties off of the 4600(s) block between Pierce Street and Fillmore Street. The priority of implementation for the off-block redevelopment activities shouldbefocused directly across the Street from the 4600(s) block between Pierce Street and Fillmore Streets and those other City-owned properties located off-site of the target block. For example, the last three alternatives have the foilowing objective: The project(s) work in unison to eliminate any further blighted conditions or negative influences on scattered sites throughout the neighborhood, by providing property owners with public incentives to upgrade their properties. These projects could work as an initial redevelopment phase for the neighborhood while the target block is being acquired or could serve as the concluding phase of redevelopment after the target block is fully redeveloped. In the following pages, redevelopment alternatives are identified in terms of project scope, development assumptions, project costs, and possible financing sources. Overall, the City and this plan place a special interest to promote project(s) that assure an single family owner in the form of construction as opposed to multi-family development ongoing rental operation or conversation of uses through substantial rehabilitation of existing buildings. -8- pl~ri~~pJllL'l~T' COb-~T AT.~~: Af:Q~STT'~OIi iliD f~T.WAUAn ~ ~ DEVELO~ PROJECT SCOPE= The city would complete the acquisition on a voluntary sale basis of the r~maining twenty duplex buildings on the 4600(s) block between Pierce Street and Fillmore Str==t. After the total block is acquired, the buildingswouldbedemolishedand the site marketed for future residential develo~nent project(s). DEVELOPMENT ARSUHPTIONS: The city already has acquired twelve of twenty duplex buildings on the 4600[s) block between Pierce Street and Fillmore Street. All remaining property would beacquiredsolely on a voluntary sale basis, without the hOOd for condemnation. This alternative does not include the clearance or cost of redeveloping the three city-owned buildings off of the target block. PUBLIC COST: Land/Building Acquisition Relocation Demolition $1,120,000. 36,000. 80,000. Total Costs= $1,236,000. FINANCING SOURCES: The financing sources for the above public costs 1. Hunicipal revenue bonds (HRA $71,000 levy) 2. 1994 CDBG allocation (acquisition funds) 3. Liquor Fund Reserves* 4. 1992/3 CDBG allocation residual are as follows: $750,000. 139,000. 313,000. 34,000. NOTES= *This amount could be reduced if a grant from N~FA Community Rehabilitation Program is applied for and approved in the future. -9- REDE~R~PNRNT COST ALTERNATIVE HEN S INf~.R FAMTLY HOMES ACQUISITION ann ~.RARANCE FOR PROJECT SCOPE: Ail twenty duplex buildings on the 4600(s) block between Pierce Street and Fillmore Street would be acquired and demolished. Over a two year period, twenty single family homes would be pre-sold and constructed on the site by a single private development firm. The twenty homes would be split entry or one level designs with tuck- under garages. Each home couldbeeasily expanded into four bedroom homes or homes with large family rooms. Homes will average, (excluding garage area), 1,500 square feet of liveable area and sell for between $80,000 and $95,000. DEVELOPMENT ASSUMPTIONS: The city would provide one block area of land. The developer would beresponsible for the construction, sale, mortgage financing, and construction financing of the homes. The developer fees would be capped for each home, and a level of quality and workmanship would bespecifiedbya development agreement. Each homeowner would be required to abide by a set of restric- tive covenants and a homestead agreement. Building demolition would occur simultaneously with construc- tion thereby minimizing demolition costs. The city must acquire the eight remaining homes on the target block either through voluntary sale or condemnation. PUBLIC COSTS: Land/building acquisition Relocation Public improvements Purchase write-downs Development Fees $1,120,000. 35,000. 72,000. 253,000. 175,000.* TOTAL COSTS: $1,655,000. FINANCING SOURCES: The financing sources for the above public costs are as follows: 1. Municipal revenue bonds (HRA $71,000 levy) $750,000. 2. 1994 CDBG allocation (acquisition funds) 139,000. 3. Liquor Fund Reserves* 350,000. 4. 1992/3 CDBG Allocation Residual 34,000. NOTE: *This amount could be reduced if a grant from M~FA Community Rehabilitation Program is applied for and approved in the future· *City/HRA could apply for Federal Home Loan Bank grant to offset future portion of the cost ($20,000-$30,000) for down payment assistance· -10- PROJECT SCOPE= The acquisition and clearance of twenty buildings on the 4600 block(s) of Pierce Street and Fillmore Street would be completed. Eighteen to twenty lots would be ~ade available for single family home development. N/n/mum development standards would be estab- lished and the individual lots would be ~arketed b~ the city to individuals and contractors interested in constructing single family home on the lots. DEVELOP~.NTASSUMPTIONS: 3. 4. 5. The city will complete the acquisition of the eight privately owned duplexes remaining on the block, either through volun- tarF sale or condemnation. The existing duplex build{ngs will be cleared and the site prepared for development. Public improvements such as decorative lighting and sidewalks would be developed on the site. N/nismmdesign standards would be established for the site bT property covenants. Lots would be given away or at minimal sales pricebasedupon a commitment to construct and homestead the property and adherence to the minimum development standards. A professional planning and design specialist would be contracted with to prepare a plat and layout for the project. 7. The marketing and construction of single family homes would be completed over a four year period. PUBLIC COST: Land/Building Acquisition= Relocation Demolition Public Improvement Planning/Design Down Payment Assistance $1,120,000. 35,000. 80,000. 72,000. 10,000. 46,000. Total Costs= $1,363,000. FINANCING SOURCES= The financing sources for the above public costs are as follows= 1. Municipal revenue bends (HA $71,000 lev~) $750,000. 2. 1994 CDBG allocation (acquisition funds) 139,000. 3. Liquor Fund Reserves* 394,000. 4. 1992/3 CDBG Allocation Residual 34,000. 5. ~RA/CityReserves 46,000. NOTES: *Th~s amount could be reduced if a grant from ~HFA Community Rehabilitation Program is applied for and approved in the future. **City/HRA could apply for Federal Home Loan Bank grant to offset portion of the costs $20,000-$30,000) for down pa~laent assistance. -11- REDEVELOPWRNT COST ALTERNATIVE: RENTAL REHABILITATION PROGRAM PROJECT SCOPE: The city would assist through grants and low interest loans the rehabilitation of existing rental units within the Sheffield neighborhood. This is assumed to be a companion program to any redevelopment efforts undertaken on the 4600(s) block of Pierce Street and Fillmore Street. The combination of loans and grants would be matched with private investment and concentrated in the order of priority for upgrade of building exterior, common grounds and parking areas, building security/fire safety, and interior doors and floor coverings, etc. The initial phase of the program would rehabilitate fifty dwelling units over a two year period. DEVELOPMENT ASSUMPTIONS: The public investment would be in the form of a grant and/or a loan, but would not exceed $10,000 per dwelling unit. Certain priority improvements would qualify for a not to exceed $2,500 grant, matched on a 50/50 basis by City/HRA and homeowner. The general improvements are to be financed by up to a $7,500 per dwelling unit Iow-interest loan financed on a 75% City/HRA loan and 25% matching private fund basis. The city would provide solicitation, an analysis, and inspec- tion services through the HRA Project Manager. The city would determine the priority level of improvements that are subject to grant funds and low interest loan financ- ing. Each individual grant and loan would be approved by appropri- ate legislative body of the City Council and/or HRA. PUBLIC COST: Priority Rehabilitation Improvement Grants Rehabilitation Loan Financing Program Administration Fees. $125,000. 375,000. 25,000. Total Costs: $525,000. FINANCING SOURCES: The following financing sources for the above public,costs are as follows: 1. 2. CDBG 1995 Allocation (grant assistance) HRA Operating Reserves (paid back by loan program)* City unencumbered reserves (paid back by loan)* Future city tax levy (paid to HRA for administration) $125,000. 150,000. 225,000. 25,000. *NOTE: It is possible that the local banks could provide below market financing in lieu of the city and HRA loan participation through their community reinvestment obligations and with some write-down contribution systems on the part of the city· REDEVEI~PI~'~F PROGRAM SINGLE FAMILY REHABILITATION PROJECT SCOPE= This program uses the same principle of the HRA's cuz-~ent single family rehabilitation program. In t he event the area is designated as a redevelopment project, the citycanuse its co-~mnitydevelop- ment block grant (CDBG) funds as rela~ed income qualification guidelines. A not to excucd $15,000 per home matched in the form of grants or low interest loans would be made available to single family homeowners, interested in upgrading their property. Priority will be directed to improvements that eliminate exterior blight and substandard conditions. DEVELOPMENT ASSUMPTIONS: The program contemplates rehabilitation of twelve single family homes or owner-occupied duplexes over a three year period. Priority grant assistance would be given to homeowners contemplating improvements that improve the exterior appear- ance of the dwellings. This alternative assumes the acquisition and clearance by voluntary sale of three substandard buildings. PUBLIC COST: Land/building acquisition: Demolition: Rehabilitation and grant/low interest Project administration= Total costs: lO~.rAS: $ 135,000. 4,000. 180,000. 16,000. $ 335,000. FINANCING SOURCES: 1. 1994 CDBGAllocation (acquisition funds)* $ 139,000. 2. 1994 CDBG Allocation (rehabilitation funds)* 96,000. 3. 1995 CDBG Allocation (rehabilitation funds)* 100,000. NOTE: *It is possible that existing or new~m~A financing programs could be applied for to leverage city's allocation of funds for this program. *It is possible that HOME Program funds could be utilized in the neighborhood. *It is pessible the ACCAP's Weatherization/Ener~y Improvement program could be utilized in the neighborhood. REDE~R~PN~T COST AT.TER~AT~: PRIVATE DUPLEX REHABILITATION AND RESALR FOR HOMF. STEAD OWNERSHIP PROJECT SCOPE: On a voluntary basis, existing landlords could make application to the city for the rehabilitation and sale of a rental duplex for future homesteaded ownership. The city would provide grant assistance and/or second mortgage financing to landlords who have pre-sold their duplexes to qualified buyers agreeing to homestead the property. The grant assistance and low interest financing will be used to correct code deficiencies, make exterior appearance improvements, and for down payment assistance. DEVELOPMENT ASSUMPTIONS: 2. 3. 4. 5. 6. It is assumed that ten duplex buildings could berehabilitated and homesteaded under this program. The before and after value of the property will be determined by an independent appraiser. Design/value analysis will be supplied at no cost to the landlord/seller by the city· Purchasers will pre-qualify for a combination grant and low interest loan by the city. Prospective landlord/sellers will receive 1993 value for the sale of their duplexes. The grants and/or below market rate portion of the interest on loans will be forgiven if the tenant homesteads the property for a period of at least 15 years. Prospective buyers will participate in a property manage- ment/landlord seminar and enter into a property management agreement concerning the operation of their property. PUBLIC COST: Down payment assistance Grant assistance for priority improvements Low interest second mortgage for improvements Program administration $ 31,250. 31,250. 187,500. 25,000. Total costs: $275,000. FINANCING SOURCES: The financing source for the above public costs are as follows: 1. 1995 CDBG Allocation (for down payment assistance/grants)* $ 62,500. 2. HRA Cash Reserves (for low interest loans) 187,500. 3. 1995 City Tax Levy (for HRA administration reimbursement) 25,000. NOTE: City/HRA could apply for Federal Home Loan. Bank grant to offset portion of the cost ($20,000-$30,000) for down payment assistance. REDEVELOPW~.NT FINANCING SOURCES: The following is a suem~7 of Financing Sources available for imple- mentation of the redevelopment and housing development activities. Additionally, this section also provides a sources and uses budget to be adopted by the City. Four Cities Bond Residual ............ $400,000. As of September 28, 1993, the First Trust Account contained $443,428 of unencumbered funds available for reuse by the City. Prior discussions with Holmes & Graven indicat~ that the funds can be used in conjunction with the Sheffield Home Ownership ProgrAm. As opposed to using the Four Cities bond money as a direct source of funding for the Sheffield Project, another alterna- tive could be considered. First, the funds are deposited in our tax increment financing accounts. This will eliminate the cash flow problems that the city will experience as a result of the Columbia Heights Business Center tax delinquencies. Second, a settlement agreement on delinquent taxes and future taxes with a new purchaser for the Col-mhia Heights Business Center should be completed. The settlement would frcu up TIF cash reserves for not only Sheffield redevelopment plan, but also an ongoing or revolving city-wide program for housing revitalization. Future Year CDBGAllocation . . $230,000. neighborhood. This funding could be used for acquisition and/or rehabilitation projects. In the event the area is designated as a redevelopment district, City does have some flexibility in relaxing the community development guidelines An an effort to impact more properties. The targeting of Community Development Block Grant Funds in a neighborhood is a successful method of assuring, the removal of blighted conditions and the revitalization of neighborhoods. For example, out-state cities who do not have entitlement funding have to compete for block grants. Accordingly, their strate- gies tend to target themoneyinto neighborhoods with the most prevalent needs and blighted conditions. In the future years, the City can red/rect this mone~ into the neighborhoods or areas that have the most prevalent blighted conditions. City Fund Balances ................ $????? Further analysis of the City's fund halances will reveal some flexibility to dedicate funding to the Sheffield project or for that matter, an ongoing neighborhood revitalization program. For themost part, this should be done with revolv- ing loans as opposed to grants. The Liquor Fund appears the most logical source of funding available for the project, with its 1993 year unencumbered fund balance of $477,000. The plan has identified some funding support to the HRA for administra- tive purposes. The consolidation of city staff and BRA. staff may in fact eliminate future HRA administrative funding needs or potential shortfalls that the BRA will eventually experi- ence if they continue to operate independent of the City. Discretionary funding ............. ???? Throughout the discussions on redevelopment cost alternatives, various outside funding sources have been identified. For example, the City has an application pending with MHFA for a $350,000 grant for neighborhood revitalization. Depending on the alternative that is chosen for implementation, these grant funds could be reapplied for or if the grant is awarded, the grant application may be amended. The plan also outlined the potential of a down payment subsidy program through the Federal Home Loan Bank Program. After a redevelopment alternative is identified, there are other agencies and funding concepts that could be applied for with a high likelihood of being awarded, because of the leverage of the local dollars that potentially is being committed to the neighborhood. Prior Year CDBG Acquisition Balances ....... $34,000. The 1993 CDBG acquisition balance contains $34,300. The HRA Executive Director has confirmed that this funding could be directed to acquisitions of blighted duplex buildings. Future Sale of HRA Lots ............ $75,000. The HRA owns five lots through their acquisition efforts. Speaking optimistically, the sale of these lots at approxi- mately $15,000 each will result in proceeds of $75,000. The HRA cash reserves may have to interimly fund the $75,000 until the ultimate sales are closed. HRA Fund Balance ................. $125,000. Currently, the HRA has approximately $272,000 of Undesignated General Fund reserves that could be invested in the project. This is exclusive of any special revenue fund dollars for Parkview Villa or CDBG funds. As long as the HRA remains an independent organization, it would seem sensible to maintain a healthy cash reserve. However, a below market interest rate loan program could be established, so as to assure repayment to the HRA. HRA Tax Levy .................. $71,000/PR Iq{ The City Council and the HRA have made arrangements for the collection of a special HRA levy presumed to be dedicated to the Sheffield housing problem. In the event the HRA issued bonds for 20 years, $750,000 could be financed. The proceeds of the sale could be used for public improvements, down payment assistance, and a pertion of the rehabilitation costs. Private Mortgage Financing ............ ??? The City has solicited interest from local banks and lenders as to their willingness to participate in special mortgage financing for Sheffield Neighborhood. Because of their Community Reinvestment Obligations, the banks have initially agreed to funding local programs. -]6- 46oofs) BLOCK BETWEEN PIERCE/FILLMORE STREET ACOUISITION_/CLEA RANCE FINANCING USES OF FUNDING: Sti~uch Purchase/Closing Cost - 10 properties on target block/S54,000 per - Does not include 3 off block properties* $ 548,000. Yl~rk~w Prooerty Purchases - 2 properties/S54,000 per - i year, $36,000 per yr/O~ 108,000. McNaltv Purchase - 3 properties/S54,000 per - One current tenant to be relocated $ 162,000. Fivo Other Purchases - 5 properties/S60,000 per - Nine current tenants to be relocated $ 300,000. - $3,000 per relocation $ 30,000. ~L994 Taxes - 20 buildings/S2,600 per $ 52,000. Project Contin_~encv - Demolition/20 buildings/S4,000 per - Lighting/Grading Improvement - Design/Platting cost - or private development fees TOTAL: NOTE: $118,000. $1,318,000. Rehabilitation to Single Family Homes using CDBG and Resale proceeds go to repay sewer fund. SOURCES OF FUNDING: Repayment to Sewer Fund - HRA Levy $71,000/yr. - 10 year repayment no interest - 18 years repayment at 5% $ 710,000. - For two purchases - For tenant relocation $ 139,000. - Research TIF repayment* $469,000. $ 309,000.- $239,000.** P#rchase/Sale Fund - $36,000 per year payments to Yurkew in 95/96 - Revenue from lot sales at $10,000 to $15,000 per lot TOTAL $0. $ 160,000.- $230,000.** $1,318,000. NOTES: *Preliminary discussion indicates that the year 2000 surplus in TIF could be used as a housing revolving account. This statement is based on the Business Center paying some level of taxes. **Identifies cost to Liquor Fund if no lot revenue is received or if up to $15,000 per lot is realized. -17- OFF-BLOCK REDEVELOPMENT PHASE I REHABILITATION USES OF FUNDING: Cost of Purchases/Closings - 3 properties and Value/Expenses - 4535/37 Taylor Street - 4519/20 Taylor Street - 4531/33 Fillmore Street Interior Rehabilitation Kitchen/bathroom remodel Painting/woodworking Basement Demo Floor Coverings Entryway Changes/Door Weatherproofing Appliances - Subtotal Exterior Rehabilitation Stucco Painting Trim/Window Architectural Changes Garage/Yard Improvements Two Car Garage Landscaping $56,000 per building $ 6,000. $ 2,500. $ 500. $ 2,500. $ 1,500. $ 500. $1,500. $15,000. per building $2,000. $ 500. $5~000. $7,500. per building $6,500. $1,000. $7,500. per building $168,000. $ 45,000. $ 22,500. $ 22,500. Total: $258,000. SOURCES OF FUNDING: Repayment to Sewer Fund - MHFA Mortgage Financing - Local Community Bank Reinvestments $168,000. 1994 HOME Program - $349,718 availability county- wide - Target single family rehabilitation in neighborhoods - Household income limits Total: $ 90,000.* $258,000. NOTE: The HOME Program represents a source of Funding for implementation of the first phases of rehabilitation. Other grant funding sources will be applied for or considered as they become available to the City. IMPLEMENTATION SCHEDULE The following schedule outlines the actions and approvals necessary to implement the redevelopment and housing development plan: ADOPTION PROCESS: January 31, 1994: City Council conducts a public hearing at J. P. Murzyn Hall concerning development alternatives outlined in the plan. February 14, 1994: February 22, 1994: amendments. February 28, 1994: City Council continues public hearing. City Council conducts work session to review final draft of plan and discuss proposed City Council continues public hearing and adopts plan by resolution, including any additional amendments. TARGET BLOCK IMPLEMENTATION PROCESS: After February 28, 1994: City staff is directed to negotiate and present for City Council consideration purchase agreements on the balance of private property located on the 4600(s) block between Pierce/Fillmore Street. February 28, 1994: HRA Staff is authorized to meet with remaining tenants on the 4600(s) block between Pierce/Fillmore Street regarding relocation benefits. March 28, 1994: City Council authorizes Request for Proposal for private development of the 4600(s) block between Pierce/Fillmore Street. City Council amends budget and establishes developments cost and financing or interfund March 28, 1994: agreements. March 28, 1994: City Council considers property acquisition agreement for purchases on target block. March 28, 1994: City Council receives report outlining the details to implement alternative City Marketed Lot Sales Project, including design covenants, platting\lot size requirements, sales prices, interest property purchases, etc. May 23, 1994: City Council receives developer proposals. June 13, 1994: City Council conducts public hearing on thc execution of a development contract with private developer or alternatively consider a detailed proposal to sell individual lots to contractors or respective owners. After June 13, 1994: Developer and/or City go through formal land usc approval process including demolition approvals, re-platting, zoning adjustments, etc. OFF BLOCK IMPLEMENTATION: March 28, 1994: City staff presents HOME grant application to Anoka County for the funding of one to three duplex building conversions into single family buildings. March 28, 1994: City Council authorizes advertisement for eligible Columbia Heights residents interested in qualifying for the purposed rehabilitated single family homes under the HOME Grant Program. May 23, 1994: City staff presents a detailed report as to specific city development and service commitments that can be made on the surrounding properties in an effort to further suppor~ the target block development including other property owner covenants, rental property management agreements, and single family rehabilitation grant under remaining CDBG funds. -19- ~TtT 8:191 gOtT 60tl I0t1 ,.. J.33)U.$ 3~0~T'II.'I IF -21 - 3::)U31d .L.13UJ. S IdO"lAYJ. J.]]~d,LS X*lOd Cl03'lOlq NYNYH:)nB =23- -' -25- Z o ('"'4 -26- -27- -31 - -32- -33- -34- -35- .... 37- -38- CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOPHENT BLOCK GRANT PROGRAM 1994 APPLICATION FOR FUNDING LIST OF PROJECTS PROJECT TOTAL FUNDING PROJECT EXPENSES Single-Family/Duplex Housing Rehabilitation Acquisition and Clearance of Deteriorated Properties Public Service -Senior Outreach Program (Anoka County Community Action Program, Inc.) -Alexandra House (Shelter for Abused Women)-Hot Meals for Shut-Ins-Southern Anoka Community Assistance, Inc. $ 92,890 $139,000 11,030 3,000 3,080 2,000 86,300 $132,000 $6,590 $7,000 TOTAL FUNDING ~ $251,000 CDBGAPP SECTION I -40- mATE ND CONSll~JCTION 410 6HEFFIELD REDEVELOPMENT 411 CAFL IMP GEN GOV'T BLDG 412 CAFrt. IMP PARKS 413 HUSET PARK HAZD CLEAN-UP 415 CAP'L IMP PIR TOTAL CAPITAL IMPROVEMENTS 430 INFRASTRUCTURE FUND 431 CAFL EQP REPLACEMENT .GEN 432 CAFL EQP REPLACEMENT -SEWER 433 CAP'L EQP REPLACEMENT -WATER 434 CAFL EQP REPt. ACEMENT.GARAGE TOTAL CAPI. REPLACEMENT FUND 001 WATER 002 SEWER 003 REFUSE 651 WATER CONSTRUCTION 6EWER CONSTRUCTION TOTAL WATER & SEWER CONSTRUCTION 701 GARAGE 710 ENERGY MANAGEMENT DATA PROCESSING INSURANCE TRUST FUND 4O4 IENDR HOUM~ ~ 4O6 DOWlnOWN PN~N~ MAWT~ANCE PIR BONDS TAX INCRi3~ENT BONDS TOTAL DEBT SERVICE TOTAL CASH BALANCE AS OF 12-31-92 CITY OF C(X. UMBL~ HEIGHTS CASH BALANCE OF MAJOR FUNDS AS OF 12-31-1B93 PRIOR TO YEAR END AD, A, ISTMEN'TS 12-~1-1993 CASH BN. ANCE CASH DEDIOATED R.OW WITH SOME NEEDS OUTSIDE LIMITATIONS ~.1M247 ,2~M . 0 ~0328 0 0 0 ~e o o o &~ o ~21o) 0 m~ o ~,~7 0 o 0 o o o ~,383 0 0 0 0 0 ~ 0 ~ 0 m,~M 0 6~3,~ 0 0 0 m~ 0 0 0 ~,~ 0 0 0 DESK~NATEI) AVNLABLE BY CITY FOR ANY COUNCIL TYPE OF USE CAN BE REDES~,NATED BY COUNCIL 0 0 138,247 o~,6M 0 0 0 ~00,,120 0 0 61,770 0 0 0 0 2,720 0 0 0 0 0 a,44~ 0 0 (4~1o) o o 0 0 0 0 ~e3,~O 0 0 B,427 0 0 0 0 0 121AS~ 0 (43210) ~3,672 0 0 301,619 0 0 2,002,701 0 160,702 0 0 132,139 0 0 as, sO 0 0 329,161 2,~02,701 0 291A;3 0 0 100ALE 0 0 as5,631 0 0 0 0 477,509 ~65,232 0 0 1 ,(BO,O08 0 0 1,465,240 0 0 43.193 0 0 0 0 0 0 0 0 0 E~O,O00 0 0 707A72 0 E~9,186 0 0 613A52 0 0 0 0 0 ~2,603 0 0 0 0 0 1J22A~6 o o 0 0 o 1~!22.M 0 0 4,667,178 E. 107.762 615,756 -41 - -42- INFORldATION SOLICITED FROM LENDERS Authod~ are initiating i major redevelopment ~n me .an~. e= ne~g.n .m?m~....Tn~. p.roJeC[ ~,. ~ be ro.o~cl, engle fBmlh/end duplex ho·ea. The Oity i~ ourremJy .H.l<Jng f~.al~ ~ .L InBtituttorm that wleh to parflolpate In the origination of the reBidentlll ..mongaga~..nee?ca Dy_m, purehlmem and the mnWuction line of omdlt needed .by the HRA il me owner/Clever)per. Tn· C~ aliume~ that tlnlnolal IrmflflJtioM will undertake thll Involvement ii · Community The prope~ will requite ii I)dmiry mortgaga lender that will ween buyem and originate flrat modgage~. The HRA will provide aeoond mort~ that will tamer the down payment and elc41ng Goat·. Lendem that wbh to provide the IIrit mmlg&ga~ ehould provide the City with the 1. Propoled Interest I:~e$ a. Minimum down payment requked 4. Peroentaga of buyem Income that can be u~ed for modgege debt eervioe. 5, Percentage of buyem inoome that can be u~ed for lill buyer'e deM lervioe. e. Oe4,t Of .ny') of applimtJon proc~ing. 7. Estimated oloeing oo~ta, h')olucltng origination fee~. Oonmruetion Loan The project will Iileo require e oor~. uc, tlon lender that will pro~.de ·_mvolvl?.g lid.of .em.celt that ran be i. med for the ioqullltion Ina rehabilitation of the prop··ea. PrOperties will only De acquired end rehabilitated after · cloned purolllle agreement lB obtained from lin approved buyer. The revoMng oonetm~on line will be repaldby: 1) the buyer'e mortgage and 2) the prooeedl from · long term HFIA loan that will oover the add~l oo8~ over the home value, the down payment and oloaing to, ti. Lendem that wtlh to provide the =onBtmetlon ilrm of credit ehouldprovide the OiLy with the following information: 1. Elfin'rated iht·met rite (Ba~umlng the loan 18 tax-exempt). 2. E~tirnated lin·ricing eOetB, Including origination feel -43- NEIGI~BORHOOD STABILIZATION PLAN PREPARED FOR: SHEFFIELD NEIGHBORHOOD A FUTJ. COPY OF THIS PLAN IS AVAILABLR IN THE CITY MANAGER AND HRA OFFICES. DUE TO THE SIZE OF THE PLAN, IT IS NOT INCLUDED IN THIS DOCUMENT BUT IS ON FILE IN THE REFERENCED OFFICES WITH THIS THE SHEFFIELDNEIGHBORHOOD STABILIZATION STUDY IS ONLY INCORPORATED WITHIN THE PLAN TO SERVE AS FURTHER DOCUMENTATION REGARDING THE CONDITION OF BLIGHTANDHOUSING PROBLRMS WITHIN THENEIGHBORHOODAND THAT THE STRATEGIES OUTLINED THEREIN ARE NOT ADOPTED BY THE CITY COUNCIL ANDARENOTINCLUDED AS A PART OF THEIMPLEMRNTATION OF THIS PLAN. Housing & Redevelopment Authority of Columbia Heights Comml.~lonm~ Eumb~ HeiNz P~'l~ Jindm Btam Nm~o~ 590 N.E. ,10th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857. (612) 782-2854 TO: FROM: DATE: SUBJECT: Patrick Hentges, City Manager, City of Columbia Heights -~ Don Schneider, HRA Executive Director ~~_ ~/~~ February 25, 1994 Use of CDBG Funds for Acquisition and Relocation in the Sheffield Neighborhood As per your request yesterday, I have checked on restrictions in regard to use of Community Development Block Grant(CDBG) funds for housing acquisition/ relocation/clearance. 1. In regard to need to meet iow to moderate income benefit, we do not have to meet this requirement with our "Acquisition and Clearance of Deteriorated Properties" CDBG project. We will be acquiring blighting influence properties which will meet the project and Federal objectives of "Activities to address slums or blight on a spot basis". 2. As far as "strings" attached to use of the CDBG funds, there are some. Attached is an information sheet from Anoka County reflecting some of the issues to be addressed when acquiring property with CDBG program funds. Included are the requirements to provide a relocation plan and assistance "to each low to moderate income household displaced by the demolition of housing or by the conversion of a LMI dwelling to another use as a direct result of the assisted activities." In addition, in most cases, we must provide for one for one replacement of units demolished(within a three year period after demolition). In the Sheffield Neighborhood, this would include the provision of 4 replacement dwelling units which could be provided through the sale and development(with 4 single family houses) of 4 of the City/HRAowned lots on 38th Ave NE. O~her acquisitions/relocation with non- CDBG funds would not require one for one replacement. Prior to acquisition of properties with the 1994 CDBG funds, we must complete our environmental review for the project and secure Minnesota Historical Society clearance on acquisition and clearance of any structures over 50 years old. 3. On clearance of single and duplex housing structures, the Davis-Bacon requirements do not apply. 4. I have asked JoAnn Wright, Anoka Co. CDBG Administrator, for any other concerns and will let you know if she has anything to add to this list. Please call or see me if you have any questions in regard to the above. Encl cc: HRA Comm JoAnn Wright, Anoka Co. Equal Opportunity Employer Equal Housing Opportunity Agency REGULATIONS, RULES, POLICIES Monitoring All local governmental units and nonprofit organizations that are recipients of CDBG funds must be monitored for compliance with HUD regulations and recordkeeping requirements through on-site inspection and interview at least once every two years. Anoka County may, within its discretion, monitor the activities of subrecipients more often if it is deemed necessary. The Anoka County CDBG Program is monitored annually by HUD. Monitoring of subrecipients includes verifying compliance with project objectives and checking for minimum basic records that show separate accounting of receipt and disbursement of CDBG funds, along with supporting documentation. See the Accounting and Recordkeeping Section and other Sections of this Guide for further information. URA and Section 104(d) All acquisition and relocation activities are subject to the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.), as amended, and/or ?linnesota Statutes Section 117.52. In addition, all CDBG-financed projects which include clearance or change-of-use of housing must be reviewed for compliance with Section 104(d) (often called "Barney Frank" for its Senate author). The Urban Anoka County CDBG Program has an Antidisplacement and Relocation Assistance Policy, as well. The County's CDBG Program will be implemented in such a manner as to minimize the direct and indirect displacement of tenants and owners from their residences and/or places of business. CDBG-assisted activities must be structured to avoid displacement to the greatest extent possible. Anoka County requires that relocation assistance will be provided in accordance with County Policy, the URA, and related regulations found in 49 CFR part 24 (including Section 104(d) requirements), regardless of the actual funding source for the relocation assistance, to each low/moderate income household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. The local agency will submit a plan detailing how relocation assistance will be provided. Anoka County requires the replacement of all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to another use as a direct result of activities assisted with funds provided under the CDBG Program. Replacement units will be located in the same jurisdiction in which the units were displaced. It may be permissible to locate the replacement units in a neighboring community provided a mutual agreement is reached and Anoka County approves the location. All replacement housing will be provided ~ithin three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will direc'Jy result in such demolition or conversion, subrecipients ~ make public and submit in writing to Anoka County any required information; the County will forward the information to the HUD Field Office. Construction Ail construction activities assisted ~rith CDBG funds must con:ply with all applicable Federal, State, and local laws and policies regarding Labor standards and contract wage requirements, Section 3, equal opportunity, contractor eligibility, procurement, housing quality standards, energy efficiency, and any other such requirements. The Anoka County Community Development Manager maintains a detailed construction package which includes ail pertinent information. A pre-construction conference between the Community Development Manager, the property owner, and the contractor is required prior to commencement of construction. All legal and contractual requirements are reviewed during this · conference. Environmental Review Ail CDBG activities except administration and pls.nning are subject to environmental review requirements. The process ~ill result in one of three determinations: (1) Categorically excluded: The project is one considered by the applicable Federal authorities to be "categorically exempt" and does not negatively impact any areas covered in the initial process of review. No further review is necessary. (2) Requiring review: All activities not included in the first category. Use the procedure described in the regulations and the forms attached to complete the process of review'. (3) Environmental Impact Statement Required: If the process required in Step 2 above identifies a major impact on the human environment or site contamination requiring clean-up, an environmental impact statement must be completed. If, at the end of the review process roquired in Step 2 above, County or City staff have determined that the project will not significantly affect the human environment, a combined "Notice of Finding of No Significant Impact" an~ "Notice of Re~:uest for Release of Funds" must be published. After publication, copies of affidavits and a "Request for Release of Funds" and Certification art- sent to HUD. Clearance from the Minnesota Historical Society is Usually part of this process. BARNEY FRANK AMENDMENT - REPLACEMENT OF LOW INCOME HOUSING DATA ON PROPERTY TO BE CONVERTED OR CLEARED Property address: 2. Date of clearance/change of use: Unit composition (please indicate the total number of units by number of bedrooms and list rents): ..No. Bedrooms Rent With Utilitie~ Efficiency 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms 6 Bedrooms If the above property is occupied or has been vacant less than one year, please attach list of comparable rents. If the above property is substandard and has been vacant for at least one year, please attach building inspector's statement regarding feasibility of rehabilitation. If. your project requires replacement of housing, indicate below how that will be accomplished. MUST BE SUBMI'I-rED WITH PROJECT APPLICATION. CDBG-47 11/16/93 Are you clearing housing? Occupied Within Last 12 Months? ES Rent _< FMR? ES Standard Conditions or Repairable? No Replacement .o ) No Replacement TOP Re: Required Barney Frank Plan Written & Published Barney Frank Replacement Housing As soon as you decide upon a project which is likely to include clearance or conversion of housing units, contact the County. As soon as you identify a property to be converted or cleared, refer to the attached flowchart to determine if Barney Frank Replacement Housing requirements apply to your activity. If you decide that replacement housing is not required, prepare a memo to the file indicating how you arrived at that decision. PREPARE A PLAN TO SUBMIT TO ANOKA COUNTY BEFORE OBLIGATING FUNDS FOR THE PROJECT (see the attached sample plan). Keep documents identifying the property address, occupancy, current or estimated rents (after rehab for substandard but repairable properties) and number of bedrooms. Keep records on the replacement housing that indicate address, rents, number of bedrooms, evidence of Section 8 Quality standards and an explanation of why you expect this housing to remain affordable for ten years. If you are clearing housing that is substandard and vacant for at least one year, have your building inspector deliver a written opinion as to condition and the determination that the property is not repairable. 'CITY OF COLUMBTA H~-IGHTS P&G~E ~ ~~ D~P~ ~L~ G~ P~ 1994 ~PLI~TION I PR~ ~= Ac~isi~ion ~d Cle~c~ of De~eriora~ II. PR~ A~~: isi=ion ~d clerics of de=erio=a=ed profiles. This a~ivity involves ~he ac~ .......... due =o build~g condi=lons which ~e be considersd, - pro~e~y.mu.= p~ un~%~T~ of its oomph=s- In ,dali=ion, - de=r~en=al =o =~e ~ea%=~, saze=y_~u w~, .~ , seller, ~d 2) be diffi~l= =o conde~ under =he h ..... . o~ Reloca=Lon AssL~e ~d ~1 Ac~s~=ion Policy. profiles will be iden=~f~ed by ~ S=a~[ ~ coopers=ion wi=h =he Ci=y's BulldOg =his progr~. During the f~s= 12 mon=hs, Sheffield Neig~orhood (as defined below in p~agraph 9 VIII). of This a~ivi=y will be c~ried out by the Housing ~d Redevelopment Authori=y Collie Heights in coordina=ion wi=h =he Ci=y under a progr~ ~o~ as -Neig~orhood Revi=aliza=ion Progr~". if =he Fiscal Ye~ 1994 funds ~m no= all used in =he Sheffield Neig~orhood during firs= 12 months, r~aining funds will be used on attiring prope~y on a Ci=y-wide, spo= ac~isi=ion basis. III. PR~ D~TION: This activi=y is pa~ of a con=inuing effo~ by =he ~ and City =o ac~ire s~s=and~d ~d deteriora=ed prope~ies which are considersd bligh=ing influences in o=he~ise s=~le neig~orhoods- IV. p~IOUS ~ING: A grand total of $246,920 in ~BG funds have been used for this progr~ s~cm 1988. S~ prope~ies have been ac~ired, and one vacan= lo= redeveloped in=o a single-f~ily home and one other lo= is in =he process of being developed with a new house and g~age by H~i=a= for H~ani=y. 1988 ..................................... $ 91,585 1989 ..................................... $ 34,000 1990 ..................................... $ 43,000 ..................................... , 0 ..................................... 1993 ..................................... $ 34,300 $301,380 II I! SECTION 2 CITY OF COLUMBIA HEIGHTS/CDBG PAGE 2 V. COMMUNITY PROBLEMS ADDRESSED: This activity will help the City address the problem of vacant, substandard housing which represents not only a blighting influence on surrounding properties, but also a hazard to the general public. According to the 1990 Census, the City had 209 vacant housing units (7,950 total units). The City and HRA Staff have conducted several "windshield" surveys of the City and found more than 70 proper~:ies which are substandard. The City has found that the Sheffield Neighborhood (as defined in $ VIII) is in need of a concentrated housing rejuvenation effort. From July 1, 1994 through June 30, 1995, funds from this Fiscal Year 1994 project will be used exclusively in the Sheffield Neighborhood. Please see enclosed Sheffield Neighborhood Revitalization Plan. This activity is considered eligible under CDBG regulations found at 24 CFR Part 570.201 (a & d) "Acquisition and Clearance Activities" and meets CDBG National Objectives found at 24 CFR Par~ 570.208 (b) (2) "Activities to address slums or blight on a spot basis." VI. FUNDING SUMMARY: Total projected funding for Fiscal Year 1994 .................. $139,000 The funds will be expended as follows: Project Expenses ...................... $132,000 (Acquisition, Demolition and Clearance) City/HRA Administration ................. $7,000 (Time spent by City and HRA Staff identifying properties to be acquired, negotiating purchase, coordinating demolition and clearance and marketing properties for redevelopment. VII. COST DETAIL: See Above. VIII. PROJECT AREA: The overall project is contiguous with the boundaries of the City of Columbia Heights and will be carried out on a spot basis except during the first 12 months when efforts will be concentrated in the Sheffield Neighborhood. As mentioned in Section V., the City of Columbia Heights has 7,950 housing units; of this number, 5,400 were owner- occupied, 2,301 were renter occupied and 209 were vacant. In terms of structure type, the breakdown is as follows: Single-Family ................................... 5,609 Multi-Family .................................... 2,280 Mobile/Trailerhome .................................. 5 Other .............................................. 56 SECTION 2 CITY OF COLUMBIA ~--IGHTS/COBG PAGE 3 The priority project area, the Sheffield Neighborhood is defined as the area within the following boundaries= -South Boundary: 45th Avenue between Easterly edge of Keyes Park and Central Avenue. -East Boundary: Johnson Street (rear prope~y lines of Easterly properties) and Easterly edge of Keyes Park. -West Boundary= Central Avenue between 45th and 47th Avenues. -North Boundary= 47th Avenue between Johnson Street (rear proper~y lines of Easterly properties and Central Avenue). The above defined area is hereinafter referred to as the 'Sheffield Neighborhood". The Sheffield Neighborhood includes a concentration of low income families in blighted type duplex and multiple unit housing. There are 518 dwelling units in the Sheffield Neighborhood and of those, there are 119 single family units, 184 ars par= of duplex units (92 actual duplexes), 56 are par= of four-plexes (14 actual four-plexes), and 159 are part of multiple unit apartment buildings (1 six-plex, 4 seven-plexes, 2 eight- plexes, 3 eleven-plexes, 1 sixteen-plex and 3 twenty-plexes). There are also 6 commercial proper~ies in the Sheffield Neighborhood. Over 45% of the residential proper=les are rental in nature. The goal of the Sheffield Neighborhood Revitalization Plan is to "Restore the balance of Housing (rental versus owner occupied) of the Sheffield Neighborhood to a level more typically found in lower density residential districts throughout the City". Included in this goal/plan is redevelopmen=/reutilization of residential properties in the area of moderate income housing and redevelopment of the commercial area so as to establish clear delineations or buffers between Central Avenue commercial development and the ' housing units along Tyler Street. IX. XI. LARGER EFFORT= This activity is par= of a larger effo~ by the City and HRA of Columbia Heights to eliminate substandard housing within the City and improve neighborhoods. O~her activities include housing rehabilitation and homeownership assistance (i.e. first-time homebuyers program). See Single-Family/Duplex-Housing Rehabilitation section for additional information. CONTACT PERSON: This activity will be carried out by the Housing and Redevelopment Authority of Columbia Heights. Questions concerning the program should be directed to Don Schneider at 782-2854 or 782-2855. REIMBURSEMENT AUTHORIZATION= The following persons are authorized to sign payment vouchers: - Donald R. Schneider, Executive Director - Angela Schlender, Housing Coordinator SECTION 2 CITY OF COLUMBIA HEIGHTS/CDBG XII. CDBGAPP PAGE 4 DEMOLITION OF AFFORDABLE HOUSING: In an effort to minimize displacement and the destruction of affordable housing, the City, to the extent possible, will limit its list of properties ko those which have been vacant for at least one year prior to acquisition. The purpose of this activity is to eliminate blighting conditions and encourage new development. The housing to be constructed will, in most circumstances, be market-rate. Therefore, sites to be identified will be exempt from the one-for-one replacement requirement. SECTION 2 CITY COUNCIL LETTER Meeting of~ February 28, 1994 AGENDA SECTION= Public Nearing O~IGIMATING DEPT.: CITY ~ANAG~ NO~ 6 Building Inspection APPROVAL ITE~: Condemnation BY= Evelyn Nygaard~ B~(~'~ Subject property is~ A wood framed house previously used as a single family dwelling located at 4501 Madison Street that has been vacant since July of 1990. Found~ Hazardous/substandard Housing Maintenance Ordinance violations. This property was Lnspected on September 3, 1992 for compliance with the City of Columbia Heights Housing Maintenance Ordinance ~1176. Fourteen code violations were cited and a correction order issued noting am/mum of six months for compliance. No items have been repaired or corrected to date. The structure is dilapidated, substandard and structurally unsound. The Building Inspection Department and the Police Department have received numerous complaints about the property including trepassing, failure to remove snow from the sidewalks, debris on the property, and an attractive nuisance to children. P~ECONNENDED MOTIONs Move that there is adequate evidence to find the structure at 4501 Madison Street is hazardous and in violation of the law and that the City Council orders the existing structure to be razed, demolished and all parts of the former structure removed, including concrete slabs and foundations. The site must then be restored to a safe condition with fill as necessary. Utilities are to be cut off and sealed per the Engineering Departments requirements. Such corrections shall be completed within forty-five (45) days of the service of this order. A motion for a summary enforcement will be made to theAnoka County District Court unless corrective action is taken orunless an answer is filed withinthe t/me specified by M~--esota Statute 463.18, the cost shall be charged against the real estate as provided in M/nnesota Statute 463.21. COUNCIL ACTION= STATE OF MINNESOTA COUNTY OF ANOKA DISTRICT COURT TENTH JUDICIAL DISTRICT In Re: Hazardous Building at 4501 Madison Ave., N.E., Columbia Heights, Minnesota (Lot 4, except that part described as the following: the north 86 feet and all of the east 60 feet lying south of the north 74 feet and except the east half of that part of lot 4 lying south of the north 86 feet and west of the east 60 feet, Block 1, Gillette's Annex to Columbia Heights) ORDER The above matter came on for public hearing at a regular meeting of the City council of the City of Columbia Heights at 590 - 40th Ave., N.E., Columbia Heights, Minnesota, on the 28th day of February, 1994, at 7 p.m. Notice was given to all owners, owners of record, and lien holder(s) of record as required by statute. Upon hearing the evidence in the matter, the City Council made its: FINDINQ$ OF FACT A. That on or about the 3rd day of September, 1992, a representative of the Columbia Heights Building Department, Evelyn Nygaard, inspected the real property located at 4501 Madison Street, withinthe City of Columbia Heights and owned, according to records available in the Anoka County Recorder's Office, by Christine Sroka. B. That the City of Columbia Heights has for several months attempted resolution of the hazard. C. Based on such inspection, the following conditions and violations of the Housing Maintenance Code were found, to wit: The structure contains and improper flue and chimney for a wood burning stove. A class A chimney is required for solid fuel burning appliances, metal chimneys are required to be listed assemblies (City Code Sec. 5A.205 (1) (h)). The structure contains severely deteriorated windows, storm windows, and screens, including numerous rotted trim boards (City Code Sec. 5A.205 (1) (b), 5A.205 (1) (c)). The structure is not safe from the elements. There are numerous holes in roof were leakedge is occurring. Additionally, there is missing, cracked and deteriorated siding (City Code Sec. 5A.205 (1) (a) (c) (d) (g)). The structure does not possess proper frost footings (City Code Sec. 5A.205 (1) (g)). The structure contains improper plumbing assemblies, i.e. waste drains and vents. It appears that the kitchen sink is not vented at all (City Code Sec. 5A.201 (1) (a), Minn. State Plumbing Code 4715.0200 (a) (e) (g) (i)). The structure contains hazardous stairways, the handrails are incorrect. All openings are to be less than 6 inches (City Code Sec. 5A. 201 (1) (g), Uniform Building Code 1711). The structure's floors are sagging and uneven. They are not capable or supporting the normal structure loads (City Code Sec. 5A.201 (1)(g), 5A.105 (1)(g)). The structure is no longer protected from the elements and/or decay. The exterior contains significant amounts or peeling paint and/or bare wood (5A.205 (1) (a). The house is not fit for human habitation and is a hazardous building and hazardous property because of the inadequate maintenance, dilapidation, physical damage, unsanitary conditions or abandonment, and constitutes a fire hazard and/or a hazard to public safety and health. CONCLUSIONS OF COUNCIL ae The structure is hazardous because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, and constitutes a fire hazard and/or a hazard to public safety and health. B. The structure is hazardous due to structural hazards. C. The structures are hazardous and are an attractive nuisance and hazardous to children in the area. D. The structure is not subject to repair, rebuilding, alterations or additions and must be razed, demolished and removed. ORDER The structure at 4501 Madison Street N.E. shall be razed, demolished, and removed. The site must then be restored to a safe condition with fill as necessary. Such corrections sh&ll be completed within forty-five (45) days of the service of this Order. A motion for a s~mary enforcement willbe made to the Anoka County District Court unless corrective action is taken or unless an Answer is filed within the time specified by Minn. Stat. S 463.18, the cost shall be charged against the real estate as provided in Minn. Stat. S 463.21. Dated: BY ORDER OF THE CITY COUNCIL Dated: Joseph Sturdevant, Mayor CITY OF COLUMBIA HEIGHTS Patrick Hentges, City Manager CITY COUNCIL LETTER Heetins ors ~bruarv 28. 1994 AGE~A SECTION= PUBLIC ~INGS/ ORIGINATING DEPT.: CITY MANAGER O~CES & ~SOLUTIONS CI~ ~AGER'S ~PROV~ NO: 6 I~ SECO~ READING OF O~CE NO. BY~ PAT ~NTGES BY~ 1282 ~ING O~IN~CE NO' 1160 ~~ · AU~ORIZING P~0NS 0T~R THAN DATEs ~BRU~Y 22, 1994 PEACE 0FFIC~ TO ISS~ TAGS FOR C~TAIN VI0~TION$ OP ~N In the course of evaluat~n$ the misdemeanor enforcement activities done by the Community Service Officers, we found that the ordinance had some deficiencies. Back,n1988, ordinance number 1160 passed, which save Community Service Officers authority to issue citations for specific violations of law. The ordinance also save other city department personnel authority to write citations for other ordinance violations. Basically, this ordinance needs to be amended to cover Community Service Officers in the enforcement of areas not orisinally deemed to be in their area of duties and responsibilities. Presently accordins to Section 1, Ordinance No. 1282, Community Service Officers could issue citations for: overt~e parkins in public parkins areas, loadin8 zones, bus stops and taxi stands, metered parkin8 areas, boulevard parkins, violations of a boulevard parkins permit, handicap parkins, temporary or emersency no parkins -parades, etc., six hour max~num parkins, parkin8 in a traffic lane or in an alley, abandoned vehicle, fire lanes or other parkins violations on private property, junk vehicles, obstruct traffic in a private parkins lot, overthae parkins in a private parkins lot, no parkins 2 a.m. to 6 a.m., no parkins April i to Hay i when 3 1/2 inches or more of snow on the street, bicycle re8istration, bicycle li8hts and reflector, miscellaneous bicycle violations, animal violations, unauthorized signs in the public ri~ht-of-way, junk vehicles, bicycle impound, parkins in a park 11 p.m. to 6 a.m, pets on leash when in City park, miscellaneous parkin~ violations, handicap parkins, parallel curb parkin8, and operation of bicycles. It is proposed that Section 1, Ordinance No. 1282 should also have the followin8 areas added; Commercial LicensinS Re8ulations, no vehicle parked in landscaped areas, buildins and construction, street excavations, ~arba~e and rubbish, fire safety, substandard structures, hazardous buildinss, snow on sidewalks, and other nuisances. ~ECO~NDED HOTIONs Hove to waive the readin8 of the ordinance, there bein8 ample copies available for the public. RECOHHENDED HOTIONs Hove to adopt Ordinance No. 1282, City Code of 1977, AuthorizinS Persons other than Peace Officers to Issue TaBs for Certain Violations of Law. COUNCIL ACTIONs FROM KAL INA, WILLS, WOOD~ TO 78228~ 1 P.B2 I~ NOTE: UNDERLINED MATERIALS INDICATES NEW WOR)IN TO BE ADDED TO THE ORDINANCE O~DI~C~ NO. 1282 BEING AN ORDINANCE AMENDING ORDINANCE NO. 116o~, CITY CODE OF 1977, AS AMaNDa. D, AND PERTAINING TO THE pOWERS OF TH~ COLUMBIA HEI~HTB COMMUNITY SERVICE OFFICERS The City of Columbia Heights does ordain: " ~.~J~_~: Chapter 3, Article II, Section 3 (V), of Drdinance No. 853, City Code of 1977, ssi amen ,~ed which currently reads as follows, to wit: i I ~ I Persons hired as community service °ffiee~$ in t~e police department are authorized to issue ~. citation in lieu of arrest or continued detention tO persons violating the following sentence of this'~Code, %o wit: ~ , / (a) ~7.202(2) over~i~ parking in'~ p~li~ parking areas ~7.202(~) loa~ing zones (b) (c) (c~) (e) (h) (i) (n) ~7.202(4) bus stops and taxi stands §?.202(5) metered parking areas S7.202 (6) boulevard parking ~7.202(6) (c) (iii) violation 6f parking permit .202 [9) handicap parkin~ ~.203[1) temporary or emergency nc (parades, etc.) ~7.205(1) six hour maximum pa~king ~7.205{2) parking in a traffic lane alley abandoned vehicle ~7.205(4) fire lanes or other viola:ions on private property .205 (?) junk vehicles ~7.205(11) obstruct traffic parking lot in a a boulevard parkiDg or in an parking priva~ (o) ~7.205(12) overtime parking in a' priva~ parking lot 3.203' ('7) ~EB-11-19g~ 10:~ FROM KALINA,WILLS,WOODS ?822801 P.03 (p) (q) (r) (u) (v) §7.205(13) no parking 2 a.m. to 6 a.m. §7.205(14) no parking April I to May: I when 1/2 inches or more of snow on the street §7.401(1) bicycle registration §7.402(2) bicycle lights and ~eflector §7.402(3) miscellaneous bicycle violations Chapter 8, Article I, Animal Violations §8.203(3) unauthorized right-of-way Sections I through 8, signs in the public (w) §8. 204(2) junk vehicles §7.401(3) bicycle impound (y) ~10.201(1) parkin9 in a park 11 p.m. to 6 a.m. (z) $10.201(~2) pets on leash when in City park' (aa) Minn. Stat. §169.34 miscellaneous~ parking violations (bb) Minn. Stat. §169.346 handicapiparking (cc) Minn. Stat. §169.34 parallel durb parking (dd) Minn. Stat. §169.222 operation of bicycles is herewith amended to read, 3.203 (7) Persons hired as community service'officers in the police department are authorized to issue a citation in lieu of arrest or continued dete~tion t° persons violating the following eentence of this Code, ~o wit: (a) Chapter ~ Commercial Licensing Regulatlons! (b) §5A.207(b) (i) no vehicle ~arkin~ in landscaped areas I Chapter 6, Building and Construction' i Chapter 6r Article IIIr Section 11 Street Excavations FR~M K~L INA~ WI LI. So W~DS (e) ~?.202(2) overtime TO "~1228~1 P. parking in publi~c parking (f) (g) S7.202 (3) loading zones ~'7.202(4) bus stops and taxi Stands (h) S'7.202(5) metered parking areas (i) S7.202 (6) boulevard parking ~7.202(6)(c)(iii) violation Of a parking permit ~ (k) ~7.202 (9) handicap parking (1) ~7.203(1) temporary or emergency (parades, etc.) (m) (n) (o) (p) (q) {r) Cu) (v) (w) (x) (y) §7.205 (1) six hour maximum parking ~7.205(2) parking in a traffic lane alley 87.205 (3) abandoned vehicle boulevard nc parking or in an $7.205(4) fire lanes or =other violations on private property ~7.205(?) junk vehicles §7.205(11) obstruct traffic' in parking lot parking §7.205(12) overtime parking in parking lot ~7.20~(13) no parking 2 a.m. to 6 a.m. ~7.205(14) no parking April l itc May! I when 1/2 inches or more of snow onithe street ~7.401(1) bicycle registration : ~7.402(2) bicycle lights and reflector ~7.402(~) miscellaneous bicycle a: private a, private violations Chapter 8, Article I, Sections i through Animal Violations (z) Chapter Bt Article IIIt ~arba~e and ~ubbish (aa) Chaster .8, Ar=icl.e IV, Fire Safety ~EB-11-19g~ 10:35 FROM KALINA,WILLS,WOODS ?822801 P.85 (bb) §8.202(1) substandard structures (cc) §$.202(2) hazardous buildings (dd) ~8.202(3) snow on sidewalks §8.203(3) unauthorized signs in right -of -way the public (ff) §8.203 other nuisances (gg) §8.204(2) junk vehicles : (hh) §7.401 (3) bicycle impound ~ (ii) §10.201(1) parking in a park 11 p.m. ito 6 a.m. (jj) §10.201(12) pets on leash when in City park' (kk) Minn. Sta~. §169.34 miscellaneous~ parking violations ~ (11) Minn. Stat. §169.346 handicap!parking (mm) Minn. Stat. ~169.34 parallel curb parking (D_n) Minn. S~at. ~169.222 operation of bi.cycles SECTION This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Seconded By: Roll Call: Joseph Sturdevant, Sr.., Mayor Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS MEETING OF: February 28. 1994 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MGR NO: 6 CITY MANAGER'S APPROVAL NO: o ~ DATE: 2-25-94 The first reading of Ordinance 1281 which makes certain amendments to the Maintenance Code and Licensing of Rental Units has been adopted. Since that time, the City Council has met with a group of landlords and reviewed the proposed amendments. I am waiting for a response and their comments on the final draft amendment. Last Wednesday, I reviewed the various amendments with a group of local landlords, including some same individuals who attended the previous work session. At this point, only three points were of concern: ~1. Comnlaint Insuections. The iandlords ~xpressed a concern with tenant complaints on Housing Code violations in cases where tenants were making retaliatory complaints because they were being evicted. I indicated that our current policy was to inquire if the tenant was in the process of being evicted and to indicate that we will do the inspection after the apartment was vacated. Typically, if they have a valid complaint and are fighting the eviction based on a dispute on the condition of the apartment, that matter would be first resolved in court, if it had any standing. d~2. Pnrkina as Per Zonina Ordinance. The Z~ning OrdinanCe essentially has stricter parking provisions than does the current maintenance code which requires one parking space per dwelling unit. The proposed amendment references the required spaces, configuration and size according to the provisions of the Zoning Ordinance. Further, the amendment requires that if the property has the available space to expand the parking, then thc expansion must occur by 1997. Of course, the variance section of the code would apply in resolving interpretations or disputes as to how the City is applying the parking standards to the property. · 3. Landlord Education Reouirement. The proposed requirement of three hours annual continuing education for landlords was the most frequently objected to item in the proposed ordinance. Landlords have suggested that this item be amended to apply in cases where licenses have been suspended or cases of problem units that are subject to excessive police calls or maintenance complaints. It has been suggested that a background check on landlord housing conviction or experience be reviewed at the time of license approval and that landlords who have a poor record or have not managed rental property either seek contract management or within the license year, seek training. I hope that if the council's inclined to change this section, that the council pass the ordinance excluding Section ?, 5A.40?(1)B and that the staff be directed to prepare a separate ordinance and referred to resolution that incorporates any changes relevant to the continuing education provision. In summary, it is important that this ordinance be moved forward, as the Fire Inspections Staff is in the process of increasing their inspection workload schedule with the advent of spring. Further, many of the provisions such as the conduct on licensed premises and exterior maintenance ranges are more commonly applied to during the spring and summer months. The majority of our license renewals will come to the council during late spring and summer months. RECOMMENDED MOTION: Move to waive the reading of thc ordinance, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Ordinance 1281 being an ordinance amending Ordinance No. 853, City Code of 1977, Pertaining to the Housing Maintenance Code, Licensing of Units, and the Conduct on Licensed Units as amended on second reading. COUNCIL ACTION: ?ebrnary 2, 1994 Mayor Joseph Smrdevant Coonronu~nbers Donald G. Jolly Bruce G. Nawmci~ Gary I- Pcterson Robert W. Rueuimann CJt~ Manager Patrick Hearses CITY OF COLUMBIA HEIGHTS 590 40th Avenue N. E. Columbia Heights, MN 5542.1-3878 (612) 782-2800 Mr. Bob Thimmesh, Presiclant Columbia Heights Multi-Housing Association 4110 Rahn Road Eagan. MN $$122 Dear Bob: Enclosed please find the revised copy of the Housing Maintenance Code. other things · couple of specific revisions: 1. Please note among Section $~208(1Xa) The required off-street parking has been changed from one space to the spaces as required by the City Zoning Ordinance. In ·ny event, the Zoning Code requirement would apply. In cases where the property does not meet the required parking spaces, property will have to be brought up to required code by January 1, 1997, if there is sufficient area or space on the property to accomplish the parking expansion. 2. Section $A.410 The conduct on licensed premises section of the code has been amended to include such activity as assaults, contributing to delinquency of · minor, animal noises, and public nuisances. Additionally, the twelve month timetable has been amended to be three months. 3. Section $A.407(1) License renewal includes · requirement of three hours continuing education. This section also prescribes that the City Council establish by resolution the types of continuing education necessary to meet the requirement. I think your input is necessary in defining types of continuing education necessary to meet this requirement. With regards to your proposal to waive sections of the code upon written agreement, I discussed this matter with city staff ·nd the city attorney and conclude that specific ordinances or laws of thc city cannot be unilaterally waived. Accordingly, if · unique situation or interpretation of the ordinance occurred, thc landlord or property owner would have the appeals process to review · ny erroneous interpretations, mis-statements or mistake of fact pursuant to Section 6. With regards to your new proposal requiring the City to issue the landlord · written statement that the violation has been corrected, I would simply offer that the City will do so any time the landlord so requests. I should note that the licensing date will occur approximately 60 days after the date of inspection and · license will be issued upon compliance with the code. So to speak, this serves as · record of compliance. If you have any additional questions or comments, please do not hesitate to contact me at your earliest convcui~ncc. Originally, this item was schedulcd for City Council r~view at its rcguhr council meeting of February 28, 1994, at 7 P.M. If you feel we need to meet prior to that time, please call my office. Thank you. Sincerely, Patrick Hentges City Manager cc: City Council/Meeting Attendees "SERVICE IS OUR BUSINESS' 94/10 EOUAL OPPORTUNITY EMPLOYER ~Y'rS~ 2/0~/94 OZ~~T~ NO. 1281 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AS AMENDED PERTAINING TO THE HOUSING MAINTENANCE CODE AND LICENSING RENTAL UNITS The City of Columbia Heights does ordain: SECTION 1: Chapter 5A of Ordinance No. 853, City Code of 1977, as amended, which has been repealed by Ordinance No. , shall hereafter read as follows, to wit: Chapter 5A HOUSING MAINTENANCE CODE Article I General Provisions Section 1: Statement of Purpose 5a.101(1) The purpose of the Housing Maintenance Code (hereinafter referred to in Chapter 5A as "Code") is to protect the public health, safety and general welfare of the people of this City. These objectives include, among others, the following: (a) To protect the character and stability of residential areas within the city; (b) To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; (c) To provide minimum standards for heating, for sanitary equipment and for light and ventilation necessary to protect the health and safety of occupants of building; (d) To prevent the overcrowding of dwellings; (e) To provide minimum standards for the maintenance of existing residential buildings and to thus prevent substandard housing and blight; (f) To preserve the value of land and buildings throughout the city. 5A.101(2) With respect to disputes between landlords and tenants, and except as otherwise specifically provided by terms of this Ordinance, the City Council will not intrude upon the accepted contractual relationships between landlords and tenants. The City Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from landlords or tenants which are not specifically and clearly relevant to the provisions of this Code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of City government. In enacting this Code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. Section 2: Applicability 5A.102(1) This Code establishes minimum standards for maintaining dwellings, accessory structures and premises. This Code is intended to provide standards for housing. Applicable requirements shall apply to all apartment units, homes, accessory structures, rooming houses, lodging and/or boarding houses and house trailers used or intended for use for human habitation. Section 3: Definitions 5A.103(1) The following definitions shall apply in the interpretation and enforcement of this Code, to-wit: (a) Accessory Structure. A structure subordinate to the main or principal dwelling or dwellings which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. (b) Apartment Unit. Apartment, apartment unit, or dwelling unit means a room or group of rooms located within a building which form a single habitable unit with facilities which are used or are intended to be used for living, sleeping, cooking or eating. (c) Approved. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota and of this Code. (d) Basement. Any floor level below the first story in a building, except that floor level in a building having only one floor level shall be classified as a basement unless such floor level qualifies as a first story as defined herein. (e) Building. Any structure having a roof which may provide shelter or enclosure for persons, animals, or chattels, and, when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. 2 (f) (g) (h) (i) (j) (k) {1) {m) (n) (o) (p) (q) (r) Building Official. Agent designated by the City Manager to enforce provisions of the Housing Maintenance Code. Clean. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. Dwelling. A structur? or portion thereof designed exclusively for residentxal occupancy, including boarding and lodging houses, but not including hotels and motels. Dwelling Unit. Dwelling unit has the same meaning as apartment unit (within this Code). Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts and yards. Family. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. Garbage. Garbage is defined in S5.605(2) (a). Habitable. A dwelling unit or part thereof that meets minimum standards for use as a home or place of abode by one or more persons. Hot Water. Water heated to a temperature of not less than 110 degrees Fahrenheit, measured at faucet outlet. Housing Code. Section 5A of this Code together with the Uniform Housing Code, 1985 Edition, International Conference of Building Officials. Infestation. The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other pest. Kitchen. A habitable intended to be used preparation of meals. (s) Occupant. Any person room within a dwelling unit for the cooking of food or (including owner or operator) 3 living, sleeping, cooking or eating within a dwelling unit. (t) Owner. Any person, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care control of any dwelling, dwelling unit, or rooming unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Also, any person, firm or corporation who has the right to determine who occupies a rental structure (even though that right may be subject to a lease or rental agreement), or a person, firm, corporation who shall have the power to rent or let premises to another for purposes of this Code. (u) Person. Any individual, firm, partnership, association, corporation, company or a joint venture or organization of any kind. (v) Premises. A platted lot or part thereof or unplatted parcel of land, and adjacent right-of-way either occupied or unoccupied by any dwellinq or structures. (w) Public Hall. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. (x) Rental Dwelling. Any dwelling for hire with one or more living units. Rental dwellings for purposes of this Code do not include hotels, motels, hospitals or homes for the aged. (y) Repair. Repair shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as with the replacement by new items. (z) Rodent Harborage. A place where rodents commonly live, nest, or establish their habitat. (aa) Replace or Replacement. To remove an existing or portion of a system and to construct or install a new item or a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. (bb) Rooming Houses. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. 4 (cc) Rubbish. Rubbish is defined in §5.605(2) (b) of this City Code. (dd) Safe. The condition of being free from danger and hazards which may cause accidents or disease. (ee) Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than fifty percent of the total perimeter, or more than eight feet below grade, as defined herein, at any point. (ff) Unsafe. As applied to a structure, a condition or a combination of conditions which are dangerous or hazardous to persons or property. (gg) Unsanitary. Conditions which are dangerous or hazardous to the health of persons. (hh) Water Closet. A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewage system or other approved water supply and sewer system. 5A.103(2) Whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this Chapter, they shall be construed as though they were followed by the words"or any part thereof." Article II Minimum Standards Section 1: Basic Equipment and Facilities 5A.201(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Kitchen Sink. Each unit must contain a kitchen sink in good working condition and properly connected to an approved water supply system and which provides at all times an adequate amount of heated and unheated running water under pressure and which is properly connected to the city sewage system. (b) Kitchen Storage. Each unit must contain a counter or table for food preparation and must contain cabinets and/or shelves for storage of eating, drinking and cooking equipment and utensils and of food that does not (d) (e) (f) require refrigeration for safekeeping. Ail cabinets, shelves, counter tops, and tables shall be of sound construction covered with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. Food Storage and Preparation. Each unit must contain an operational and functioning stove for cooking food and a refrigerator for the safe storage of food which are properly installed with all necessary connections for safe, sanitary and efficient operation. Such stove or refrigerator need not be installed when a dwelling unit is not occupied and when the occupant is required to provide a stove or refrigerator on occupancy. If the occupant is required to furnish a stove or refrigerator, sufficient space and adequate functioning connections for the installation and operation of the stove and refrigerator must exist. Toilet Facilities. Every dwelling unit shall contain a nonhabitable room which is equipped with a flush water closet in compliance with §6.201(1). Such room shall have an entrance door which affords privacy. Said flush water closet shall be equipped with easily cleanable surfaces, shall be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be properly functioning, and shall be connected to the City sewer system. Lavatory Sink. Every dwelling unit shall contain a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working and functioning condition, shall be properly connected to an approved water system, shall provide at all times an adequate amount of heated and unheated running water under pressure, and shall be connected to the City sewer system. Bathtub or Shower. Every dwelling unit shall contain a nonhabitable room which is equipped with a bathtub or shower in good working condition. Such room shall have an entrance door which affords privacy. A bathtub or shower shall be properly connected to an approved water supply system, shall provide at all times an adequate amount of heated and unheated water under pressure, and shall be connected to the City sewer system. 6 (g) Stairways, Porches and Balconies. Every stairway or flight of stairs, whether inside or outside of a dwelling, and every porch or balcony shall be kept in safe condition, sound repair, and free of deterioration. Every stairwell and every flight of stairs which is four risers or more high shall have handrails which conform to the standards set forth in §6.201(1). Every porch, balcony or deck which is more than thirty (30) inches high shall have a guardrail located at least thirty-six (36) inches above the floor of the porch or balcony. Every handrailandguardrail shall be firmly fastened and maintained in good condition. No flight of stairs shall have settled out of its intended position or have pulled away from the supporting or adjacent structures enough to cause a hazard. No flight of stairs may have rotting, loose or deteriorating supports. The treads and risers of every flight of stairs, except spiral or winding stairways, shall be essentially uniform in width and height. Stairways shall be capable of supporting a live load or one hundred (100) pounds per square foot of horizontal projection. (h) Access to Dwelling Unit. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. (i) A~i buildings and/or maintenance improvements inspected pursuant ~O Chapter SA. the Housing Maintenance Code. shall be jUdq~d a~d inspected in accordance with the ~pDlicable U~form Building Code and Uniform Fire Code. as follows: Existing Installation. BuildinGs in existence at ~he ~im~ of the adoption of the Code may have their use or occupancy continued, if such use or occupancy w~s legal at the time of the adoption of ~he ~ode, provided such continued use is not ~an~rous to life. (ii) Maintenance. ~ buildings and structures, both exis~in~ and new. and all Darts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the Code shall be maintained in conformance with the code edition under which installed. All repairs, replacements or maintenance to the structure Or dwelling unit shall be in-tailed or made so as to be ~0mDatible with the surrounding building materials and general appearance of the existing area. Section 2: Door and Window Locks 7 5A.202(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating unless all exterior doors of the dwelling or dwelling unit are equipped with safe and functioning door and window locks which comply with the following requirements, to-wit: (a) (b) When access to a dwelling unit door is gained through a common corridor or entrance in a dwelling in which four (4) or more dwelling units share a common entrance or corridor, an approved system of controlled access shall be maintained for each multiple family building to control access. The security system shall consist of locked building entrance or foyer doors, and locked doors leading from the hallways into individual dwelling units. Dead-latch type door locks shall be provided with releasable lever knobs (or doorknobs) on the inside of building entrance doors and with key cylinders on the outside of the building entrance doors. Building entrance door-latches shall be of the type that are permanently locked. An approved lock box wi~h buildin~ entry key, boiler room key, laundry and common area keys~ all marked individually accessible to the Fire Department must be provided for access to the building. They enumerated keys must be present in the lock box at all times. A communication system or device such as an intercom, telephone, audible bell or buzzer or other approved means or makinq contact with the tenan~ must be provided. Every door that provides ingress or egress for a dwelling unit within a multiple family unit shall be equipped with an approved lock that has a dead locking bolt that cannot be retracted by end pressure; provided, however, that such doors shall be openable from the inside without the use of a key or any special knowledge or effort. (c) Ail inqress, eqress and interior door~ shall be kept free of holes and/or punctures. Section 3: Light, Ventilation and Electric 5A.203(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Habitable Room Ventilation. Every habitable room shall have at least one window facing directly outdoors which can be easily opened unless the room contains, in lieu thereof, another device affording ventilation which has 8 been approved by the Building Official. The minimum total of openable window area in every habitable room shall be the greater of four percent (4%) of the floor area of the room or four (4) square feet. (b) Sleeping Room EGress. Sleeping rooms in buildings existing prior to this code must have window or door oDenin~s for e~ress of no less than four (4) s~uare feet or ~he minimum size required by the Building Code in effect when the dwellin~ was constructed. Space that is ~dd~d O~ or converted to sleeDin~ rooms must meet the applicable codes at the time of conversion for habitable rooms and provide a means of euress with oDenable area of DO ~ess than 5.7 s~uare feet. (c) (d) Nonhabitable Room Ventilation. Every bathroom, water closet compartment, laundry room, utility room, or other nonhabitable room shall contain a minimum total of openable window area Qf no less than 1.5 square feet, except that no windows shall be required if such rooms are equipped with a functioning ventilation system which is approved by the Building Official. Electrical Service, Outlets and Fixtures. Every dwelling unit and all public and common areas shall be supplied with functioning electrical service, functioning overcurrent protection devices, functioning electrical outlets,'and functioning electrical fixtures which are properly installed, which shall be maintained in a safe working condition and which shall be connected to a source of electric power in a manner prescribed by §6.201(1). The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall be as follows: (i) A dwelling containing two or more units shall have at least the equivalent of sixty (60) ampere, three-wire electric service per dwelling unit. (ii) Each dwelling unit shall have at least one branch electric circuit for each six hundred (600) feet of dwelling unit floor area. (iii) Every habitable room shall have at least the lessor of two floor or wall type electric convenience outlets or one such outlet for each sixty (60) square feet of fraction thereof of total floor area; provided, however, the one ceiling or wall- type light fixture may be substituted for one required electric outlet. (iv) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall contain at least one supplied ceiling or wall-type electric light fixture, and every bathroom, kitchen, and laundry room shall contain at least one electric convenience outlet. (v) Every public hall and stairway in every rental dwelling shall be effectively illuminated by natural or electric light at all times. In structures containinG not more than two dwelling units, conveniently located functioning light switches controlling an adequate functioning liGhtinG system which may be turned on when needed may be substituted for full-time lightinG. Section 4: Minimum Thermal Standards 5A.204(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein unless such dwelling or dwelling unit shall have heating facilities which are properly installed and maintained in safe and functioning condition, which are capable of safely heatinG all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit at a distance of three (3) feet above floor level and at three (3) feet from exterior walls, and which shall comply with the following requirements, to-wit: (a) Gas or electrical appliance designed primarily for cooking or water heating purposes shall not be considered as heating facilities within the meaninG of this section. (b) Portable heating equipment employing flame or the use of liquid fuel shall not be considered as heating facilities within the meaning of this section and is prohibited. (c) No owner or occupant shall install, operate or use a space heater employing a flame that is not vented outside the structure in an approved manner. (c) No owner shall supply portable electric heaters to comply with this §5.204(1). Section 5: Foundation, Exterior Walls, and Roofs 5A.205(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwellinG unit for the purpose of livinG, sleepinG, eating or cooking therein which does not comply with the following 10 (a) (b) (c) (d) requirements, to-wit: The foundation, exterior walls and exterior roof shall be water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of structural deterioration or any other condition which might admit rain or dampness to the interior portion of the walls or to the interior spaces of the dwelling. The roof shall be tight and have no defects which admit rain or roof drainage and shall be adequate to prevent rain water from causing dampness in the walls. All exterior surfaces, other than decay resistant materials, shall be covered by paint or other protective covering or treatment which protects the exterior surfaces from elements and decay in a functioning manner. If 25% or more of the total exterior surface of the pointing of any brick, block or stone wall is loose or has fallen out, the surface shall be protected as heretofore provided. Windows, Doors and Screens. Every window, exterior door and hatchway shall be tight and shall be kept in repair. Every window other than fixed window shall be capable of being easily opened and shall be equipped with screens between May i and September 30, inclusive, of each year. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, vermin, rodents, and insects from entering the building. Floors, Interior Walls and Ceilings. Every floor, interior wall and ceiling shall be protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be maintained in a tight weatherproof condition and may not be covered wholly or partially by toxic paint or materials with a lasting toxic effect. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean state. Rodent Proof. Each part of every dwelling shall be rodent resistant. Ail openings in exterior walls, foundations, basements, ground or first floors or roofs which have an opening of ~" diameter or larger shall be rodent-proofed in an approved manner. Interior floors, basements, cellars and other areas in contact with the soil shall be enclosed with concrete or other rodent impervious material. 11 (e) Fence Maintenance. Ail fences on the premises where the dwelling or dwelling unit is located shall be maintained in accordance with §6.401 to §6.403, inclusive, of this City Code. (f) Accessory Structure Maintenance. Accessory structures on the premises where the dwelling or dwelling unit is located shall be structurally sound and maintained in good repair. The exterior of such structures shall be covered with decay-resistant materials such as paint or other preservatives. (g) Safe Building Elements. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside stair, outside stair, porch, balcony and every appurtenance to each of the foregoing shall be safe to use and capable of supporting normal structural loads. (h) Facilities to Function. All equipment, utilities, chimney and flue required under City Code shall function effectively in a safe, sound and working condition. Section 6: Maximum Density and Minimum Space for Rental Units 5A.206(1) No person shall rent or let to another for occupancy any rental dwelling for the purpose of living, sleeping, eating or cooking therein which does not comply with the following requirements, to-wit: (a) Permissible Occupancy of Dwelling Unit. The maximum permissible occupancy of any rental dwelling unit shall be determined as follows: (i) For the first occupant, 150 square feet of habitable room floor space and for every additional occupant thereof, at least 100 square feet of habitable room floor space. (ii) In no event shall the total number of occupants exceed two times the number of habitable rooms, less kitchen, in the dwelling unit. 5A.206(2) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling unit for occupancy by more than one family, other than for temporary guests. Section 7: Screening and Landscaping 5A.207(1) No person shall occupy as an owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, eating or cooking therein which does not comply with the requirements of 12 (a) this §5A.207. Definitions. For the purposes of this Section, the following terms shall have the meanings stated: (i) Fence. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. (ii) Landscape. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. (b) (iii) Mechanical Equipment. Heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top beside, or adjacent to a building. (iv) Retaining Wall. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a plating area. (v) Screening. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. Every yard of any premises on which a dwelling or dwelling unit is located shall have installed and maintained landscaping in accordance with the provisions of this section. (i) Sodding and Ground Cover. All exposed ground area surrounding the principle building and accessory buildings, which are not devoted to driveways, parking areas, sidewalks, or patios, shall be sodded or landscaped with shrubs, trees, gardens, or other ornamental landscape materials. No landscaped area shall be used for the parking of vehicles or storage or display of materials, supplies or merchandise. (ii) Slopes and Berms. Final grades with a slope ratio of greater than three (3) to one (1) will not be permitted without special approved treatment such as special seed mixtures or reforestation, terracing, or retaining walls. Berming used to provide required screening of parking lots and other open areas shall not have slopes in excess of 13 three (3) to one (1) . (iii) (iv) Maintenance. Any dead trees, shrubs, Ground covers, and soddin9 shall be replaced in accordance with this Code. All trees or other vegetation which spring up in crevices by foundations must be promptly removed to avoid structural damage. Placement of Plant Materials. No landscaping shall be allowed within any drainage utility easements, road riGht-of-way, or immediately adjacent to any driveway or road intersection if such landscaping would interfere with a motorist's view of the street or roadway or with the use of the easement for its intended purpose. (v) Weeds. The maintenance and upkeep of all lawns and yards shall be subject to Chapter 4, Article II, Section 3 of the Columbia Heights City Code, which is incorporated herein by reference. (c) (d) General ScreeninG. Ail loadinG, service utility, mechanical equipment, and outdoor storage areas, including dumpsters and refuse containers for dwellings of three (3) or more units shall be screened from all public roads and adjacent residential uses of property. All parking lots for dwellings of three (3) or more units if the property on which the lot is located abuts a differing land use and is not separated from the differing land use by a public street, roadway or alley shall be screened from adjacent differing land uses. Screening shall consist of any combination of the earth mounds, walls, fences, shrubs, compact evergreen trees, or dense deciduous hedge six (6) feet in height. Hedge materials must be at least three (3) feet in height, and trees must be at least six (6) feet in height at planting. The height and depth of the screening shall be consistent with the height and size of the area for which screening is required. When natural materials, such as trees or hedges, are used to meet the screening requirements of this sub-section, density and species of planting shall be such to achieve seventy-five (75) percent capacity year-round. Other Parking Lot Screening. Ail parking lots for dwellings of three (3) or more units which are not required to be screened pursuant to §5A.207(1) (c) must either provide screening pursuant to §5A.207(1) (c) or provide a minimum of one deciduous tree for every forty- five (45) feet or portion thereof of parking lot perimeter planted adjacent to the nearest roadway abutting the property on which the parking lot is 14 (e) located. Fences. Ail fences and screening devices shall be built 9nd reoulated in accordance with ChaPter 6. Article IV oZ the Columbia HeiGhts City Code, which is incoroorateu herein by reference. (f) Qutside storage of articles, eouiDment, construction materials, items not desiqned for exterior use. and ~$scellaneous items, including but not limited to. lawn mowers and other lawn maintenance ecruiDment shall not be ~llowed. A weathertiGht, rodent-proof storage buildinq QN shed must be constructed for storage of items not Storable within the buildinG. (g) Variances under §5A.207 shall be enforced administered in accordance with §5A.208(2). and Section 8: Exterior Parking, Pedestrian Walkways and Lighting 5A.208(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which is located on premises which does not comply with the following requirements, to-wit: (a) R~quired off-street parking as defined in Section 9.116 (4) of the City Code. Additionally. any building or s~ructure in existence upon the effective date of this Qrdinance which does not currently COmD1V with the parking requirements of Section 9.116(4). but does have ~h~ necessarv sDace to provide the reouired parking shall be required to expand the provided parking in accordance w~h the Code bY July 1. 1997. (b) The required parking space must have a minimum width of 9 feet and a minimum length of 20 feet. (c) All required parking spaces must be surfaced with asphalt or concrete. (d) (e) Curb guards and/or guardrails must be provided for parking spaces situated above retaining walls. An unobstructed path must be provided between parking areas and the dwelling unit. (f) Lighting must be provided for parking areas and walkways between the parking area and the dwelling unit in dwellings consisting of three (3) or more units. Lighting must be available for parking areas and walkways 15 between the parking area and the dwelling unit for dwellings of two (2) or less units. (g) In dwellings of three (3) or more units, parking areas and pedestrian walkways must have a minimum light of 1 foot candle, and the maximum light at the boundary line of the premises may not exceed 3 foot candles. (h) Driveways leading to parkinq areas and/or access ways to buildinqs must be maintained and kept in qood repair. In cases of tenant parkinq areas all parkinq stalls and driveways with access to tenant parkinq shall be hard surfaced with asphalt or concrete by July 1, 1997. (i) Commercial Vehicles and Junk Cars. Commercial Vehicles and junk cars shall be requlated in accordance with Chapter 7, Article II, Section 5 of the Columbia Heiqhts City Code, which is incorporaged herein by reference. 5A.208(2) Variances under §5A.207 and §5A.208 shall be enforced and administered in accordance with §9.105. The criteria contained in §9.105(3) (d) shall be applied in deciding whether or not an applicant is entitled to a variance. Section 9: Fire Safety 5A.209(1) No person shall occupy as an owner-occupant or let to another for occupancy and dwelling or dwelling unit for the purposes of living, sleeping, cooking or eating therein which does not comply with the following requirements, to-wit: (a) Every existing dwelling unit shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-6. Detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detectors shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit or guest room. (b) In new construction of any dwelling unit and in common hallways and other common areas of existing units, required smoke detectors shall receive their primary power from the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. 16 (c) No person, firm. or corporation shall tamper with any smok~ detection device. AnY person, firm. or corporation proven to have tampered with any smoke detection device ~hall by quiltv of a D~ttv misdemeanor, and uPOn conviction thereof, shall be sub4ect to a fine of not more th~n two h%mdred (S200.00) dollars. S~ction 10: Discontinuance of Service or Facilities ~No owner, operator or occupant shall cause any service. ~agilitv eouiDment or utility which is reouired unde~ this Ordinance to be removed from or shut off from o= ~isc0ntinued for any occupied dwelling or dwelling unit ~XC~Pt for temporary interruptions as may be necessary wh~l~ actual repairs or alterations are made or durinu temporary ~meraencies. Section 11: ~ublic Health and Safety ~A.211(1) Roden~ Harboraaes Prohibited in Occupied Areas. No OCCuDant of a dwellino or dwellinu unit shall accumulate boxes, lumber, scrap metal, or any other similar materials in such a manner that may provide a rodent b~rboraGe in or about any dwelling or dwellino unit. Roden~ ~arboraues Prohibited in Public Areas. No owner Qf a dwellina containin~ two or more dwelling units shall accumulate or Dermi~ the accumulation of boxes, lumber, scrap me~al or anv other similar materials in such a manner ~hat may provide a rodent harborage in or about ~har~d or D~blic areas of a dwellin~ or its premises. ~rev~n~ion of Food for Rodents. No owner or occupant of ~ ~wellin~ or dwelling unit shall store, place, or allow to accumulate any materials that may serve as food for rodents in a site accessible to rodents. Sanitary Maintenance of Fixtures and Facilities. Every OCcupant of a dwelling unit shall keep all SuDDlie~ ~ixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise oz reasonable care in the proper use and operation thereof. Responsibility for Pest Extermination. Every occupant of a dw~llin~ containina a single dwellin~ unit shall be responsible for the extermination of vermin infestations ~nd/or rodents on the premises. Everv occupant of a ~wellin~ unit in a dwellin~ containing more than one dwellinaunit shall be responsible for such extermination whenever his/her dwellin~ unit is the only one infested. Notwithstanding, however, whenever infestation is cause~ bY the failure of the owner to maintain a dwellin~ in a 17 reasonable rodent-proof or reasonable vermin-proof condition, extermination shall be the responsibility o~ the owner. Whenever infestation exists in ~wo or more o~ the dwelling units in any dwelling, or in ~he shared or public parts of any dwelling containing two Qr more dwelling units, extermination thereof shall be the responsibility of the owner. If the problem persists proof of professional extermination shall be suDplied ~o the inspections officer upon rec~est. 5A.211(6) Garbage, Rubbish and Recyclable Materials. Garbage, rubbish, and recyclable materials shall be regulated in accordance with Chapter 8, Article III of ~he Columbia Heights City Code, which is incQrporated herein by reference. ARTICLE III Inspection and Enforcement Section 1: Enforcement and Inspection Authority 5A.301(1) The City Manager and his/her designated agents shall be the Enforcement Official who shall administer and enforce the provisions of the Ordinance. Inspections shall be conducted during reasonable hours, and, upon request, the Enforcement Official shall present evidence of his/her official capacity to the owner, occupant or person in charge of a dwelling unit sought to be inspected. Section 2: Inspection Access 5A.302(1) If an owner, occupant or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises, or any part thereof, for an inspection authorized by this Ordinance, the Enforcement Official may, upon a showing that probable cause exists for the inspection or for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling, dwelling unit or multiple dwelling, petition and obtain an order to inspect and/or search warrant from court of competent jurisdiction. Section 3: Inspections 5A.303(1) Each dwelling or multiple dwelling which is the subject of a rental license shall be inspected at Least once annually, subject to section 5A.303(2). 5A.303(2) Inspections on individual dwelling units shall be required for tenant occupancy changes under ~he followinq 18 conditions: Ca) During each of the Past two years that the owner or landlord has applied for license renewal, they have failed to correct Housing Maintenance Code violations on 9 ~m~lv basis, as evidenced by two written Past due Compliance Orders by the Inspections Department or Enforcement Officer of the City of Columbia HeiGhts: or (b) D~rinG the Past year. two or more tenant complaints on · ~nqle family/ duplex/ triplex have been received or four Qr more tenant complaints on a four-Dlex or other multiple dwelling have been received and substantiated (~ousinG Maint-nance Code violations were issued based on ~he complaints). MultiPle complaints arising out of the same maiD~enance problem, which occur within a period of one week, ~hall be considered to be one complaint for the DUrOoses of this Section. If any one of the above set forth conditions occur, the City Inspections Department will notify the landlord, in writinG. that ~b~ landlord will be hence forth required to have the ~uild~nG inspected UDOn each tenant occupancy change. It will also be the responsibility of the landlord to provide a list of ¢~rrent OCcupants and a 72 hour notification of a new tenant move-i~, The tenant occuDancvchanGe inspections shall ocgur ~or a per$0d Qf one year from the date of notification bY ~he City Inspections department, however, that time shall be exten~e~ if any of the above set forth conditions continue ~o exist. Section 4: Compliance Order 5A.304(1) Whenever the Enforcement Official determines that any dwelling, dwelling unit or the premises surrounding any of these fails to meet the provisions of this Ordinance, he/she may issue a Compliance Order setting forth the violations of the Ordinance and ordering the owner, occupant, operator or agent to correct such violations. The Compliance Order shall: (a) Be in writing; (b) Describe the location and nature of the violations of this Code; (c) Establish a reasonable time not greater than 6 months for the correction of such violation and advise the person to whom the notice is directed of the right to appeal; and (d) Be served upon the owner of his/her agent or the occupant, as the case may require. Such notice shall be 19 deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is: (i) Served upon him/her personally, (ii) Sent by certified mail return receipt requested to his/her last known address, or (iii) Upon failure to effect notice through (i) and (ii) as set out in this section, posted at a conspicuous place in or about the dwelling which is affected by the notice. 5A.304(2) Upon the correction of all Housing Maintenance Code violations as set forth in the Compliance Order, the City Inspections Department shall, upon request of the owner or landlord, issue a written statement that all violations have been corrected in accordance with the Columbia Heights Housing Maintenance Code. Section 5: Posting to Prevent Occupancy 5A.305(1) The Enforcement Official may post any building or structure covered by this Ordinance as being in direct violation of the Ordnance preventing further occupancy. Posting will occur if any owner, agent, licensee or other responsible person has been notified by inspection report of the items which must be corrected within a certain stated period of time and that the corrections have not been made. Current occupants shall have not more than 60 days to vacate a posted property. Current occupants shall vacate posted property immediately if such occupancy will cause imminent danger to the health or safety of the occupants. No person, other than the Enforcement Official or his representative, shall remove or tamper with any placard used for posting. No person shall reside in , occupy or cause to be occupied any building, structure or dwelling which has been posted to prevent occupancy. Section 6: Right of Appeal 5A.306(1) When a person to whom a Compliance Order is directed alleges that such Compliance Order is based upon erroneous interpretation of the Ordnance or upon a misstatement or mistake of fact, such person may appeal as set forth in §6.202(1). Section 7: Board of Appeals 5A.307(1) Upon at least five (5) business days notice to the 20 appellant of the time and place for hearing the appeal and within 30 days after said appeal is filed, the Board of Appeals shall hold a hearing thereon. All hearing notices shall be given in the same manner prescribed for giving notice of Compliance Orders under §5A.303(1). All appeals shall be conducted in accordance with Sec. 203, Uniform Housing Code, 1985 edition, International Conference of Building Officials. Article IV Licensing Section 1: License Required 5A.401 (1) No person, firm or corporation shall operate a rental dwelling in the City without having first obtained a license as hereinafter provided from the Building Official. Each such license shall register annually with the City. If the license is denied, no occupancy of dwelling units then vacant or which become vacant is permitted until a license has been issued. Apartment units within an unlicensed apartment building for which a license application has been made and which units are in compliance with this Chapter 5A and with S6.202(1) may be occupied provided that the unlicensed units within the apartment building do not create a hazard to the health and safety of persons in occupied units. Section 2: License Procedures 5A.402(1) Within 180 days after the passage of Chapter 5A, the owner of any rental unit within the City shall apply to the Building Official for a rental housing license in the manner hereafter prescribed. (a) Application shall be made on forms provided by the City and accompanied by the initial fee in an amount set by resolution of the City Council. The owner of an apartment building or rental home constructed after the date of passage of this Ordinance shall obtain a license prior to actual occupancy of any rental unit therein. (b) Applicants shall provide the following information on license applications: (i) Name and address of owner of the rental dwelling and the name and address of the operator or agent actively managing said rental dwelling. (iv) The name and address of the vendee if the rental dwelling is being sold on a contract for deed. (iii) The legal description and address of the rental 21 (iv) dwelling. The number and kind of units within the rental dwelling, the floor area for each such unit and the total floor area of the building. (v) (vi) The number of toilet and bath facilities shared by the occupants of two or more dwelling units. A description of the type of construction of the exterior of the building. (vii) The number of paved off-street parking spaces available. (viii) Name and address of person to whom owner/applicant wishes a certified letter to be sent for purposes of §5A.303(1) (d). (ix) Ail owners of rental dwellinqs shall provide telephone access number(s) to be used in emergency situations, includinq emerqency maintenance and repair. This requirement shall be a condition precedent to the issuance of any rental license. (x) Such other information as the administrative service shall require. Said information may include, but is not limited to tenant lists which include tenants name, unit, and identifyinq information (i.e. date of birth, social security number, driver's license number). (c) Failure to complete, in full, the required license application shall be qrounds for denial of ~he license. Section 3: Application and Inspection 5A.403(1) Upon receipt of a properly executed application for a rental housing license, the City Manager shall cause an inspection to be made of the premises to insure that the structure is in compliance with the requirements of the Code. Section 4: Issuance of Rental Housing License 5A.404(1) If the rental dwelling is in compliance with the requirements of the Code, a license shall be issued to the present owner, occupant or agent which shall state that the structure has been inspected and is in compliance with the requirements of the Code. The present owner or any agent designated by the present owner or occupant shall obtain a license. If the City 22 finds that the circumstances of occupancy following the issuance of the license involve possible Code violations, substandard maintenance or abn.ormal.we.ar .an.~ ~e_.a_r_,_~hne- City may again inspect the premises ~ur~ng ~ne ~¢~n~ ~ period. ~The City may by Council resolution establish a reinsDection fee. If a dwelling unit is not currentl~ licensed, no license may be issued until all outstandinu reinsDection fees shall have been paid. If a dwellin~ unit is licensed, the license for such dwelling unit shall expire twenty (20) davs after the licensee or agent is notified of the outstandina xeinsDection feesL unless Da%anent is made before the expiration of the ~w~ntv (20) day period. Section 5: 5A.405(1) License Display A license issued under this Chapte~ shall be conspicuously d~splayed on the rental premises wherever feasible. The licensee shall promptly produce the license upon demand of a prospective tenant or the Building Official or his/her authorized representative. Section 6: 5A.406 (1) License Transfer The license is transferable upon application to the Building Official and payment of the license transfe~ fee by the prospective owner if the licensed premises Ks in compliance with the Code. The license shall terminate if renewal or application for transfer is not made within 30 days after transfer of ownership of the dwelling unit. The amount of the transfer fee shall be set by resolution of the Council. ~ License Renewal ~~_~ ~11 rental licenses shall be effective for a period of 9ne vear, However, renewal of licenses, as reouireu ~Dnuallv by this Code, may be made by: (a) Completing the renewal form furnished to the owner. operator, or a~ent of the rental dwellina, by ~he Cit~ Inspections Department: and (b) Attendance bv the landlord or property m~na~er at three or more hours of continuing education relevant to thc operation or management of rental property during the last year. The City Council shall set, by resolution, the types o£ ~ontinuin~ education meeting this requirement: and (c) Mailing the renewal form together with Droof of 23 completion of three hours of training and the required registration fee to the City Inspections Department; and (d) Successful completion of the annual Housing Maintenance Code inspection as required by Section 5A.303(1) of this Qrdinance. Such renewal shall only be effective upon successful completion of all the above set forth requirements. Further, said renewal or registration may be made only when no change in ownership, operation, agency or type of occupancy of ~he rental dwelling has occurred in the last licensing year. Section 8: suspension or Revocation 5A.408(1) A license issued or renewed under this section may be revoked or suspended upon a finding of noncompliance with the provisions of this Chapter. Reinstatement of a suspended license shall be accompanied by an amount equal to 50% of the license fee. Issuance of a new license after suspension or revocation shall be made in the manner provided for obtaining an initial license. 5A.408(2) The Council may, for cause, revoke or suspend a license, or take other action restricting ~he privileges of a license subject to the following requirements: (a) The City, through its enforcement officer, shall provide the licensee with a written statement of reasons or causes for the proposed Council action together with a notice for public hearing. The council shall conduct a public hearing on the proposed action and provide findings of fact and citations to any ordinances or regulations that have been violated, together with a statement of action taken and the conditions of any resulting revocation suspension, or other action restricting the privileges of ~he licensee. lc) The enforcement officer shall forward the findings and statement of action taken to the person in whose name said license was issued by mailing the same ~0 the mailing address indicated on ~he license application. 5A.408(3) A violation of any provision of this ~hapt~r or Qf state law, prescribing standards Qf conduct Qr regulations governing a ~icensee; the particular type of business or commercial activity or trade or Occupation that as licensed; or the premises where the licensed activity is conducted; shall be a prima facie showing of cause for revocation, suspension, or other action restricting the privileges of a licensee as the Council may determine. 24 ~d~_i~_~ondisclosure. misrepresentation or misstatement of a ma~rial fact ~ anvaDDlication for a license under this chapter shall be a prima facie showing of cause for revocation, suspension, or other such action restrictinq the privileges of a licensee as the Council may Section License Fees 5A.409(1) License fees, inspection fees, and reinspection fees shall be established by Council resolution. Section 10: Conduct on Licensed Premises 5A.410 (1) It shall be the responsibility of the licensee to take appropriate action following conduct bypersons occupying the premises which is determined to be disorderly, in violation of any of the following statutes or ordinances: (a) Minn. Stat. §§ 609.75 through 609.76, which prohibit gambling; (b) Minn. Stat. §§ 609.321 through 609.324 which prohibit prostitution and acts relating thereto; (c) Minn. Stat. §§ 152.01 through 152.025, and §152.027, subds, i and 2, which prohibit the unlawful sale or possession of controlled substances; (d) Minn. Stat.§ 340A.401, which prohibits the unlawful sale of alcoholic beverages; (e) Minn. Stat. § 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house or inviting or attempting to invite others to visit or remain in a disorderly house; (f) Section 10.312 of this code, which prohibits noisy assemblies; (g) Minn. Stat. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 10.307 of this code, which prohibit the unlawful possession, transportation, sale or use of a weapon; or (h) M~nn. Stat.§ 609.72, which prohibits disorderly conduct. ¢i) Minn. Stat. ~ 609.221 through 609.224. which prohibits ~ssaults. including domestic assault as defined in Minn. Stat. (i) Violation of laws relating to contributing to need for 25 protection or services or delinquency of a minor as defined in Minn. Stat. ~ 260.315. (k) Section 8.201 et al. of this Ordinance which relates to animal noises and public nuisances. 5A.410(2) The Police Chief (Department) shall be responsible for enforcement and administration of this section. 5A.410(3) Upon determination by the Police Chief (Department) that a licensed premises was used in a disorderly manner, as described in section (1), the Police Chief (Department) shall notify the licensee by mail of the violation and direct the licensee to take steps to prevent further violations. 5A.410(4) If another instance of disorderly use of the licensed premises occurs within three (3) months of an incident for which a notice in subsection (3) was given, the Police Chief (Department) shall notify the licensee by mail of the violation and shall also require the licensee to submit a written report of the actions taken, and proposed to be taken, by the licensee to prevent further disorderly use of the premises. This written report shall be submitted to the Police Chief (Department) within five (5) days of receipt of the notice of disorderly use of the premises and shall detail all actions taken by the licensee in response to all notices of disorderly use of the premises within the preceding three (3) months. If the licensee fails to comply with the requirements of this subsection, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) throuqh 5A.408(4). 5A.410(5) If another instance of disorderly use of the licensed premises occurs within three (3) months after any two (2) previous instances of disorderly use for which notices were sent to the licensee pursuant to this section, the rental dwelling license for the premises may be denied, revoked, suspended, or not renewed. An action to deny, revoke, suspend, or not renew a license under this section shall be initiated by the City Council at the request of the Police Chief (Department) in the manner described in Sections 5A.408(1) ~hrough 5A.408(4). 5.410(6) No adverse license action shall be imposed where the instance of disorderly use of a licensed premises occurred during the pendency of eviction proceedings 26 (unlawful detainer) or within thirty (30) days of notice given by the licensee to a tenant to vacate the premises, where the disorderly use was related to conduct by that tenant or by other occupants or guests of the tenant's unit. Eviction proceedings shall not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, or not renew a license based upon violations of this section may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will prevent further instances of disorderly use. 5A.410(7) A determination that the licensed premises has been used in a disorderly manner as described in subsection (1) shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of criminal charges operate as a bar to adverse license action under this section. Article V Remedies Section 1: Hazardous Building Declaration 5A.501(1) In the event that a dwelling has been declared unfit for human habitation and the owner has not remedied the effects within a prescribed reasonable time, the dwelling may be declared a hazardous building and treated in accordance with the provisions of Minnesota Statutes. Section 2: 5A.502(1) Section 3: 5A.503(1) Secure Unfit and Vacated Dwellings The owner of any dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of 60 days or more shall make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. Any vacant dwelling open at the doors, windows or other wall openings, if unguarded, shall be deemed to be a hazard to the health, safety and welfare of the public and shall constitute a public nuisance within the meaning of this Code. Failure to Comply Upon failure to comply with a Compliance Order within the time set therein, and no appeal having been taken, or upon failure to comply with a modified Compliance Order within the time set therein, the criminal penalty established hereunder notwithstanding, the City Council, 27 after due notice to the owner, may by resolution declare the condition to constitute a public nuisance and cause the cited deficiency to be remedied as set forth in the Compliance Order. The cost of such remedy shall be a lien against the subject real estate and may be levied and collected as a special assessment in accordance with Minnesota Statutes Chapter 429, for abatement of nuisances and specifically for the removal or elimination of public health or safety hazards from private property. Any assessment levied thereunder shall be payable in a single installment. The intent of this section is to authorize the City to utilize all of the provisions of this Code and of Minnesota law to protect the public's health, safety and general welfare. Section 4: Remedies Cumulative 5A.504(1) Any remedies pursued under this §5.501 to 5A.503, inclusive, are in addition to the remedies or penalties prescribed under §5A.601 to 5A.611, inclusive. Article VI Penalties 5A.601 No person, firm, corporation, or licensee shall own and maintain or operate or rent to any other person for occupancy any rental dwelling, rental dwelling unit, or premises in which a rental dwelling unit is located in violation of Chapter 5A, Article II (§5A.201, et. seq.), maintenance standard. 5A.602 No person, firm or corporation shall operate a rental dwelling or dwelling unit without a license issued pursuant to this Chapter or accept rental payments from a tenant of any unlicensed dwelling or dwelling unit which payment is for occupancy for a period during which the dwelling or dwelling unit is not license pursuant to this Chapter. 5A.603 No person, firm, corporation or licensee shall refuse or fail to allow the Building Official to enter a dwelling or dwelling unit for purposes of inspection when authorized by this Chapter. 5A.604 No person, firm, corporation or licensee shall fail or refuse to obey a Compliance Order validly issued under this Code. 5A.605 No person, firm or corporation shall give or submit false information on a license application or any renewal thereof. 5A.606 No person who is an occupant of a rental dwelling or 28 5A.607 5A.608 5A.609 5A.610 5A.611 rental dwelling unit shall cause a rental dwelling, rental dwelling unit or the premises on which a rental dwelling unit is located to become in violation of any of the maintenance standards set forth in Chapter SA, Article II (§5A.201, et. seq.), normal wear and tear excepted. No person shall occupy an unlicensed dwelling or dwelling unit if such dwelling unit is required to be licensed under this Chapter. No occupant of any rental dwelling or rental dwelling unit shall fail to allow or refuse entry to the Building Official for purposes of inspection when authorized by this Code. No person may occupy a dwelling or property posted pursuant to §5A.304. No person, firm or corporation, including an owner, licensee or occupant, shall remove or tamper with a placard used for posting property pursuant to this Chapter. A~¥ person, firm or corporation who violates or refused to comDI¥ with any of the provisions of this Chapter is ~ilt¥ of a misdemeanor, unless herein specifically noted. UDon conviction of said misdemeanor they shall be subject to a fine of not more than seven hundred dollars ($700.00) or to imprisonment not to exceed ninety (90) days, or both, for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Joseph Sturdevant, Sr., Mayor Jo-Anne Student, Council Secretary 29 CITY OF COLUMBIA HEIGHTS MEETING OF: February 28. 1994 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MGR NO: 6 CITY MANAGER'S APPROVAL ITEM: YURKEW/.PURCHASE AGREEMENT AMEND- BY: P. HENTGES MENT / ~ DATE: 02/28/94 NO:~'~ At the January 10, 1994, meeting, the City Council approved a purchase agreement with Anthony and Agnes Yurkew for the purchase of property located at 4613-15 Fillmore Street and 4625-27 Fillmore Street. Since the authorization of the purchase agreement, I have further negotiated terms and conditions of the agreement allowing for the $108,000 purchase price be paid in three equal installments, one at the time of closing, 1995, and 1996 respectively. There will be no interest charged on the installments and, and the other terms and conditions will essentially be the same. The security basis for the financing will enable the City to demolish or sell the property at a later date. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt resolution 94- , amending Resolution 94-04 that authorizes the purchase of properties located in the Sheffield neighborhood owned by Anthony and Agnes Yurkew. COUNCIL ACTION: RESOLUTION 94- RESOLUTION AMENDING RESOLUTION 94-04 AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD OWNED BY ANTHONY AND AGNES YURKEW WHEREAS, The City Council of the Columbia Heights at the January 10, 1994, City Council meeting approved the execution of a purchase agreement with Anthony and Agnes Yurkew for the purchase of property located at 4613-15 Fillmore Street and 4637-39 Fillmore Street; and, WHEREAS, The City of Columbia Heights has negotiated further terms and conditions for the purchase requiring amendment and re-execution of the original purchase agreement; and WHEREAS, The City of Columbia Heights has offered to pay the Yurkews the $108,000 purchase price in three equal installments beginning with a $36,000 payment at time of closing and two subsequent payments in 1995 and 1996 respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THAT: 1. The City Council hereby approves the terms and conditions of the attached exhibit A-Purchase Agreement and authorizes the Mayor and the City Manager to execute it on behalf of the City. 2. The City Council hereby authorizes the City Manager to execute all requirements and conditions of the purchase as contemplated in the purchase agreement. o The City Council approves' an interim source of funding for the payment of the terms of acquisition from the Fund-410, Capital Improvement Fund in the amount of $112,000, including real estate taxes and closing costs, with an inter- fund loan from the Retained Earnings of Fund 652, Sewer Construction Fund. The interim sources financing for the purchase will be repaid at such time .permanent financing can be arranged by the City of Columbia Heights. EXHIBIT A PURCHASE AGREEMENT RBCBIVBD OF the City of Columbia Heights (hereinafter referred to as the "BUYER") the sum of DOLLARS Cash to be held in the trust accost of , as earnest money and in part payment for the purchase of property listed on the attached Exhibit A, situated in the City of Columbia Heights, County of Anoka, State of ]Vqlnnesota, all of which property Anthony T. Yurkew and Agnes B. Yurkew, husband and wife (hereinafter referred to as the "SELLER") have this day sold to the BUYER for the sum of ONE HUNDRED AND EIGHT THOUSAND DOLLARS ($108,000), which shall be payable at closing. 1. Offer/Acceptance: Buyer offers to purchase and SBLLER agrees to sell real property legally described as: a. parcel A: The South Sixty (60) feet of the North One Hundred Eighty (180) feet of Lot Thirteen (13) and the South Sixty (60) feet of the North One Hundred Eighty (180) feet of the West Twenty-five (25) feet of Lot Fourteen (14), Block One (I), Sbeffield's Subdivision, County of Anoka, State of Minnesota. Subject to easement for alley purposes over thc East Twelve (12) feet thereof. b. parcel B: The North Sixty (60) feet of the south One Hundred Twenty (120) feet of the West Twenty-five feet of LOt Eleven (Il) and the North Sixty (60) feet of the South One Hundred Twenty (120) feet of Lot Twelve (12), Block One (1) Sbeffield's Subdivision, County of Anoka, State of Minnesota. Subject to easement for alley purposes over the East Twelve (12) feet thereof. 2. Allocation of Purchase Price. The purchase price for said properties .~hs!! be allocated as set forth in Exhibit A, attached hereto and incorporated herein by reference. 3. ~ The closing shall be conducted at thc offices of Land Title, Inc., 8 Pine Tree Drive, Arden Hills, MN 55112. Thc closing shall be conducted within sixty days of execution of this agreemenL 4. Payment. SELLER agrees to accept payment in three installments of Thirty-six Thousand Dollars and No Cents ($36,000.00) payable on the following dates: a) date of closing (less earnest money already paid); b) January 2, 1995; c) January 2, 1996. BUYER agrees to give SELLER, and SELLER agrees to aec~--% a mortgage as security for thc payments described herein. BUYER shall deliver the second and third histallments to SELLER at thc following 5. Taxes and Snecial Assessments. Rca] estate taxes due and payable in and for the year of closing shall be prorated between SELLER and BUYER on a calendar year basis to the actual date of closing, unless otherwise provided in this Agreement. On'Date of Closing, SELLER shall make full payment of all outstanding balances (inch~rl~ng inmllments due in future years) for levied special assessments, including any installments of special am_,e-~ments certified for payment with the real estate taxes due and payable in the year of closing. SELLER shall pay on Date of Closing all other special of the application. Buyer shall have ten (1 O) business days after receipt of the Commitment for rife Insurance to provide SELLER with a copy of the Commitment and written objections. Buyer shall be deemed to have waived any riffle objections not made within the applicable ten (10) day period for above, except that this shall not operate as a waiver of SELLER's covenant to deliver a statutory Warranty Deeg. 8. Title Corret'tions and Remedies. SELLER shall have 120 days from receipt of Buyer's written rifle objections to make rifle n~rketable. Upon receipt of Buyer's rife objections, SELLER shall, within 10 business days, notify buyer of SELLER's intention to make tile marketable within the 120 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by SELLER shall be reasonable, diligent, and prompt. Pending correction of rife, all payments required herein and the closing shall be postponed. SELLER shall be liable for any and all expenses related to the correction of rife, including, but not by way of limitation, cosLs in bringing an action in Proceeding Subsequent, court costs, attorneys fees, and recording fees. a. If notice is given and SELLER makes rife marketable, then upon presentation to Buyer of documentation establishing that title has been made marketable, and if not objected to in the same time and manner as the original rife objections, the closing shall take place within ten business days or on the scheduled closing date, whichever is later. b. If notice is given and SELLER proceeds in good faith to make rife marketable but the 120 day period expires without rife being made marketable, earnest money shall be refunded to Buyer. c. If SELLER does not give notice of intention to make tifle marketable, or if notice is given but the 120 day period expires without rifle being made marketable due to SELLER's failure to proceed in good faith, Buyer may seek, as permitted byu law, any one or more of the following: i. Proceed to closing without waiver or merger in the deed of the objections to rifle and without waiver of any remedies, and may: (1) Seek damages, costs, and reasonable attorney's fees from SELLER as permitted by law (damages under this subparagraph (1) shall be limited to the cost of curing objections to rife, and consequential damages are excluded; or, (2) Undertake proceedings to correct the objection to rife; ii. Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be null and void and all earnest money paid hereunder iii. Damages from SELLER including cost and reasonable attorney's fees, as permitted by law; iv. Specific performance within SiX months after such fight of action arises d. If title is marketable, or is made marketable as provided herein, and SELLER defaults in any of the agreements herein, Buyer may, as pennitt~ by law: i. Seek damages from SELLER including costs and reasonable attorney's fees; ii. Seek specific performance within six months after such right of action arises. Pnge 3 IT IS ACKNOWLF~DGED THAT TIME IS OF THE ESSENCE HEREOF. 9. SELLER'~ Covenants. a. SELLER covenants that all buildings, if any, are entirely within the boundary lines of the property and agrees to rmnove all personal property not included herein and all debris from the pmnises prior to possession date. b. SELLER covenants thst all existing leases, whether oral or written, have been disclosed to BUYER and that copies of all written leases have been provided to BUYER for BUYER's review. c. SELLER covenants that all existing leases, whether they be oral or written, have been terminated or, if not terminated, will expire by their terms as of the date of execution of this Purchase Agreement. SELLER fin'ther covenants thai as of the date of closing no persons, whether tenants or other, vise, will occupy the subject properties. d. SELLER agrees to refrain from encumbering the subject properties with leases of any length, either by way of new leases or the renewal or extension of existing leases, from the date hereof until closing. e. SELLER agrees to refrain for collecting damage deposits covering the subject properties and further warrants that all damage deposits have been refunded to tenants. SELLER agrees to hold harmless and indemnify the BUYER from any claims for damage deposits arising out of the subject properties. f. SELLER acknowledges that the warranties and representations made herein by SELLER are a material inducement to BUYER's entering into this Purchase agreement and that BUYER is entitled to rely upon these warranties and representations despite independent investigation undertaken by BUYER. Should SELLER have misrepresented any material fact, or actively failed to disclose a material fact disclosed under this Section 7, then SELLER agrees to pay any and all costs of r~locati~n arising out of the sale of the subject pwperties. 10. possession. SELLER further agrees to deliver possession (by tur~ing over all original keys to the subject properties) on date of closing provided thai all conditions of this agreement have been complied with. 11. ~r..ll~l~.~- In the event of any a.,~,~e prior to closln~ to the subject properties and hnprovemenks thereon or the personal property due to fire or other casualty, SELLER shall promptly notify BUYER and BUYER may, within l0 days after notification, elect to terminate this Purc~ Agreement, in which event BUYER's earnest money shall be returned forthwith, BUYER and SELLER shall be released from any further liability hereunder and this Purchase Agreement shall be null and void. If BUYER does not elect to terminate this Purchase Pa~e 4 Agreement, this Purchase Agreement shall remain in full force and effect and at closing SELLER shall assign to BUYER all SELLER's right, rifle and interest in and to any insurance proceeds paid or payable for such damage, but the amount of assignment due from SELLER shall be limited to the purchase price as set forth herein. 12. "AS IS" Condition. BUYER, through its agents and employees, has inspected the properties and BUYER is aware that the properties are vacant and unoccupied, require repair and are subject to work orders issued by BUYER. BUYER agrees to purchase the property in "AS IS" condition. 13. Sales Commissions. SELLER agrees to hold BUYER harmless from any claim for sales commissions arising out of this transaction to the extent that such claims arise out of agreements claimed to have entered into with SELLER. 14. Acceptance. It is understood that BUYER has until to accept thc terms and conditions of this purchase agreement. SELLER acknowledges that this Purchase Agreement can only be accepted by BUYER through proper action taken by the City Council for the City of Columbia Heights in ~tric~ accordance with the provisions of the Charter for said City, any relevant city ordinances, and any relevant statutes of the State of Minnesota. Therefore, this purchase agreement is expressly conditioned utmn and shall not become binding, and neither party shall acquire any rights hereunder until such time as proper approval has been obtained from the City. 15. Non-Waiver of Claims. This agreement shall not be construed as a waiver of claims (if any) that either party has or may have agaln~ thc other. 16. Indemnification. Except as specifically provided otherwise in this Purchase Agreement, SELLER shall indemnify and hold BUYER harmless from and agaln~ any and all loss, cost, damages, injury or expense arising out of or in any way related to claims for injury to or death of persons, damage to property or contract liabilities associated with the ownership or operation of thc property or the business conducted thereon, arising out of events or transactions before thc date of closing. Except as specificall}; provided otherwise, in this Purchase Agreement, BUYER shall indemnify and hold SELLER harmless from and ~gainst any and ail loss, cost, damages, injury or e~ arising out of or in any way related to claims for injury to or death or persons, damage to property, or contract liabilities associated' with the ownership or operation of the property or thc business conducted thereon, arising out or events or ~ansactions after thc date of closing. 17. Survival Of Warrsnties. All covenants, r~presenmtions and warranties herein made shall survive thc closing hereunder, and the uuth sad accuracy of the same as of the closing date shall constitute conditions of the obligations of the party entitled to rely on thc same, to close hereunder and to pay the purchase price herein provided for, any of which conditions, however, Page 5 may be waived by the party entitled to thc benefit thereof, in whole or in part at such party's opiion. 18. Severabili ,Iy. Thc invalidity or unenforceability of any provision in this AD'eemeni shall not in any way affect the validity or enforceability of any other provision and this AD~'ment · hsll be construed in all respects as if such invalid or unenforceable provision had never been in the AD~ment 19. ]VIinuesota Law to Govern. Tlx/s Agreement shall be interpreted and enforced in accordance with the Laws of the State of Minnesota. SELLER: Anthony T. Y~ew BUYER: Dated: Dated: BY: BY: CITY OF COLU1VIB~ HEIGHTS Joseph Sturdcvant ITS: Mayor Patrick Hentges ITS: City Manager Page 6 Parcel A: Parcel B: $54,000 $54,000 EXlt~IT A Pa~e 7 RESOLUTION NO. 94-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD WHEREAS, the City Council of the City of Columbia Heights (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have been working jointly to prepare a Redevelopment Plan for the Sheffield Neighborhood entitled "The Sheffield Neighborhood Revitalization Program (the "Redevelopment Plan"); and WHEREAS, the City and the Authority have found within the Sheffield Neighborhood there exists conditions of deterioration, substandard residential structures, residential units in need of compulsory repairs which are in violation of the City Housing Cone and City Ordinances and there exists a need for intervention by the public sector to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire 2 such non-owner occupied duplexes located at 4637 - 4639 Fillmore Street and 4613 - 4615 Fillmore Street pursuant to that certain Purchase Agreement by and between the City of Columbia Heights and Anthony and Agnes Yurkew (the "Sellers") and the Purchase Agreement was signed by the Sellers on January 3, 1994, and is provided herewith; and WHEREAS, the City and the Authority are working jointly to finalize a budget and a source of permanent funds to acquire the real property to be conveyed by the Sellers to the City according to the terms of the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: l. The City Council hereby approves the terms of the Purchase Agreement and authorizes the Mayor and the City Manager to sign it on behalf of the City. 2. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves an interim source of funding from the Capital Improvement Fund 410 in the amount of $112,000, with an interfund loan from the Retained Earnings Fund 652, Sewer Construction Fund, so the City may acquire the real property as provided in the Purchase Agreement. 4. The City Manager is authorized to work jointly with the Authority to identify a permanent source of project financing. 5. The Interim Sources will be repaid at such time when sources of permanent financing for the costs identified in the Redevelopment Plan have been received by the City. Resolution No. 94-04 page 2 Passed this 10th day of January, 1994 Offered by: Ruettimann Seconded by: Peterson Roll call: J~-Anne- St6d~nt ,'~Uounci 1 Nawrocki, Ruettimann, Peterson, Sturdevant -aye Jolly - abstain ayo~-~o~eph Sturdevant Secretary SuppOrting Legislation to Allow for the Temporary Storage of Spent Fuel by Northern States Power at their Prairie Island Nuclear Power Plant WHEREAS, Northern State's Power Company's Prairie Island Power Plant has produced safe, low-cost electricity for more than twenty years and consistently ranks as one of the lowest cost, safest, most productive and efficient nuclear plants in the country; and WHEREAS, the Nuclear Regulatory Commission has repeatedly recognized the Prairie Island Plant as one of the best run nuclear facilities in the country; and WHEREAS, if the Prairie Island Power Plant is forced to close, the loss of this safe and low-cost base load twelve-hundred mega watt electric generating plant would cost not only NSP customers more in higher rates, but remove an efficient power source from the Mid-Continent Area Power Pool (MAPP) and thereby adversely affect all upper midwest electric consumers; and WHEREAS, the Prairie Island Power Plant contributes substantial annual real estate tax payments, thereby reducing and in some cases eliminating traditional educational and local government aids, and the shut down of this plant with resulting lost tax base would cost the State and other cities and school districts millions of dollars in increased State-aid payments thereby affecting adversely the vast majority of Minnesota taxpayers; and WHEREAS, the Prairie Island Power Plant will reach maximum capacity of its temporary storage facility for spent fuel in 1994 and all necessary permits and approvals from State and Federal regulatory agencies have been obtained so as to allow for the temporary storage of older spent fuel in dry casks, a method safely utilized by at least six other nuclear power plants; and WHEREAS, the Prairie Island Power Plant is located within the City of Red Wing and the City and the vast majority of residents strongly favor approval of State legislation to permit this' temporary spent fuel storage and further that the City has requested the support of other Cities. /~OW~ THEREFQRE,_B~ IT RESOLVED by the City Council of the City of ~)~C~i~,-7~ /~/u~ that it supports the City of Red Wing's efforts to seek ,.~proval in the legislature to allow on-site temporary storage'~f spent nuclear fuel from the Prairie Island Plant until the U.S. Department of Energy meets its obligations to complete a national high-level permanent waste repository. BE IT FuRTHER RESOLVED that the ~City Administrator/City Clerk) is hereby authorized and directed to forward a signed copy of this resolution to the Governor and State legislators representing the City in the State legislature and in like manner notify the City of Red Wing of the city's adoption of this resolution. . Adopted by the City Council this day of , 1994. (Mayor) ATTEST: (City Clerk-Treasurer) CITY COUNCIL LETTER Meeting of: February 28, 1994 AGENDA SECTION: New Business NO. 9 I ITEM: Authorization to attend NO. Conference ORIGINATING DEPARTMENT POLICE BY: David P. Mawhorter DATE: February 15, 1994 CITY MANAGER APPROVAL: BY: , _ DATE~ Each year the Police Department Explorer Post participates in the Minnesota Law Enforcement Conference at Brainerd. We have sent our Post each year since 1986. This gathering of Explorer Posts gives our Explorers the opportunity to compete against other Explorer Posts in law enforcement skills which they have been learning and practicing the past year. This competition also gives the Post members an opportunity to win scholarship money for future schooling, based on their group performance at the competition. We also are required to send two officers who will act as coaches and chaperons. This group will leave on April 21 and return on April 24, 1994. RECOMMENDED MOTION: "Move to authorize the attendance of Officer Terry Nightingale and CSO Joe Sturdevant at the Minnesota Law Enforcement Explorer Conference on April 21-24, 1994, to authorize payment of two officer registrations of $120/each, and to authorize payment of $500.00 to help defer the costs of eight Explorers attending the conference; money to come from the Police Department budget." DPM:mld 94-052 Attachments COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS AUTHORIT~ATION REO~T FOR CONFERENCES, WORKSHOPS, This completed form must be presented to the City Manager by the Monday preceding the regular Council Meeting fo~ approval of attendance. NAME OF ACTIVITY: Explorer Conference DATE OF Ri~OUEST: February 15~ 1994 2 adult registrations @ $120 = $240 $240 101-42100-3105 ESTIMATED COST: S500 to defer costs for 8 Exnlorars ACCOUNT ~:. gS00 101 -&?l OD-l~?a BUDGETED FOR: X YES NO SUFFICIENT FUNDS REMAINING: x Y~S NAME OF INDIVIDUALS ATT£NDING: Officer St~ven ~9~ts and CSO Josenh Sturd~v~nt NO WHEN: April 21-24~ 1994 Brainerd, MN. WHERE: PURPOSE OF EVENT: Annual Explorer Post conference held in Brainerd~ featurin~ competition in academics and shooting. HOW WILL THIS ACTIVITY HELP YOU AND/OR YOUR DEPARTMENT? Provides an opportunity for Explorers to test their knowledge, skills~ and expertise and to participate in competitive events. PLEASE ATTACH ANY BROCHURES OR INFORMATION RELATED TO THIS EVENT. SIGNATURES: DEPARTMENT HEAD. DIVISION HEAD CITY MANAGER IF REQUIRED, APPROVAL BY CITY COUNCIL: DATE DATE DATE DATE Upon approval by the City Manager, or City Council (if applicable), a copy of this form will be submined to the Finance Department and appropriate Division Head. This form is not a registration form or a request for pre- registration monies. 07/14/92 0 0 z ? oo 0 CITY COUNCIL LETTER Meetin§ of : FEBRUARY 28, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO: 9 CITY MANAGER APPROVAL ITEM: ADMINISTRATION AND BY: PATRICK HENTGES BY: ~. ] ENGINEERING CHANGES NO: ' At the February 14, 1994 Council meeting, the City Manager was directed to research administration and engineering costs. The City picked up the administration and engineering costs for the 1993 sealcoat area 1. Therefore, it would be a good time to set the administration and engineering cost policy, at this time, for the remaining three areas of sealcoat. The staff has prepared the following recommendation. RECOMMENDED MOTION: Move to amend City Special Assessment Policies by excluding the Administration and Engineering charges from the actual costs to be specially assessed to property owners for sealcoat improvements. RECOMMENDED MOTION: Move to amend City Special Assessment Policies by excluding the Administration and Engineering charges from the actual costs to be specially assessed to property owners for midblock lighting improvements. COUNCIL ACTION: admincou.ltr CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE NE COLUMBIA HEIGHTS, MN 55421 (612) 782-2800 TO: FROM: SUBJECT: DATE: PATRICK HENTGES JANE GLEASON ADMINISTRATION COST FEBRUARY 23, 1994 Attached are copies of old assessment information. The Auditors recommended the method now in place. The 1982 levy appears to be the first year of changing from 15Z of construction cost to the parcel x hours x wages x years method. There are 25 levied projects, in addition to midblock lights, with outstanding balances. MIDBLOCK LIGHT PROJECTS IN 1994 There are 15 old active midblock lights and one newly levied alley light. The 15 projects for 1994 includes: 359 parcels @$1.25 $448.75 15 set up charges @$25 375.00 Total charge for 15 projects $823.75 The total 1994 amount assessed for these 15 projects, including the $823.75, is $4,997.68. The new midblock light is not installed yet, so electric costs have not be determined. ADMIN677.PAT '-. PII · Coli~b NIgIhtl, II IMZl F~: $~E~: I~TE: CITY OF COUf IA JEI6HTS S90 4Otb Avenue I.E. Columl?ll Hetghts, led SM21 (SIZ) 7&B4221 Robert Bocwinski - City t4~nager Korea J4euleners - City Assessor *'*"""* AIIocatlo~ of Admlnistrltlon Charges for the Assessing Dept.' October 21, L983 . : Yearly, based on Assessing Department productSvlty and wage rites, we ,will reanalyze the admT,nlstratlon charges for our departmnt. The formula for the yearJy com~utitions' w111 be set is follows: · . % I st Year Assess~nt'. T~ nu~er of ~rcel~x the ~o~r(~r~d~r , (lst year) . parce~ - totam tlme devoted to preparing issesslng records for_the project x the Assessing Department labor rotes - the cost per_year . for issessing x 20~ idmlnlstretlon fee to.cover Admlnistration/Fln'lnce Deportment - Total cost per year for the project issessment. Su,,bsequent Year Assessments: The numbe.,r:of.percels x the hours worked per parcel subsequent years -*t, otll time prepar, lng project x the_ assessing libor rote - assessing cost,per year x 15t idmJnlstrltlon.fe?_ x remainder number of years to be assessed - Totll cost per year .for the project assessment. J we lose control of the Inflation factor iffectlng wlges. · It should be noted that for projects assessed for more than one year, Example: a ten year mssessment wlth administration charges are apPlled over the next ten' years', based on th~ current yelrs labor rite.. '*" : # 4-2 ~ ' CC: El rite And I gin C]TY OF COLUt~iA HE[SHT$ 590 40th Avenue N.E. Colmnbta Hetghts, I~l 55421 (612) 788-9221 TO: ROBERT BOCWINSKI, CITY MANAGER FROM: MILDRED CARLSON, CITY ASSESSOR SUBJECT: 15~ ADMINISTRATIVE COST ON SPECIAL ASSESSMENTS DATE: DECEMBER 2, 1981 The 15~ of projects started in 1958, when a State Audltor~eade the '.. 'mr suggestion to the City that this was a practice allo~ed by State Auditors to support the cost of assessing and keep the P.I.R. fund revolving. This ~ould Include: I. The mailing out of origLnal notices of hearing. 2. The checking of petitions to verify o~nership of signatures. 3. Staff personnel salaries in writing the ro11~ figuring the amount, the annual installment, the Interest, penalty and certiflcation of delinquent each year. Also of posting payments and balancing the ledgers. 4. The cost of mailing notices of final hearing to levy. 5. The cost of advertising the preliminary and the final hearing. To take up any adjustments that must be made, including forfeitures of property. It is my opinion that this practice should continue so that the above costs are borne by the project rather than by the taxpayer in general, especially now when we are seeking ways to pass on the cost of a service to the people who benefit. Signed 4-2 22-Feb-94 ESTIMATED ASSESSMENT COSTS (NO ASSESSED ENG. AND ADMIN.) P.I.R. 889 - COLUMBIA HEIGHTS PROJECT 9401 1994 SEALCOAT AREA 2 - SOUTHWEST QUADRANT ESTIMATED ASSESSMENT COSTS TOTAL CONSTRUCTION COSTS MUNICIPAL STATE AID CONSTRUCTION COSTS FRIDLEY CONSTRUCTION COSTS ASSESSABLE CONSTRUCTION COSTS TOTAL ENGINEERING COSTS MUNICIPAL STATE AID ENGINEERING COSTS FRIDLEY ENGINEERING COSTS - ASSESSABLE ENGINEERING COSTS ADMINISTRATIVE COSTS TOTAL ASSESSABLE COSTS STREET ASSESSMENT RATE $267,789.27 117,451.433 FEET AVENUE ASSESSMENT RATE 1/3 OF $2.280000 = $2.280000 $0.760000 STREET FOOTAGE ASSESSMENTS 89,467.916 FEET X AVENUE FOOTAGE ASSESSMENTS 83,950.550 FEET X $2.280000 $0.760000 $0.00 $267,789.27 $0.00 $0.00 $0.00 $0.00 $267,789.27 /ASSESSABLE STREET FOOT / ASSESSABLE AVENUE FOOT $203,986.8485 $63,802.4180 $267,789.2665 22-Feb-94 ESTIMATED ASSESSMENT COSTS P.I.R. 889 - COLUMBIA HEIGHTS PROJECT 9401 1994 SEALCOAT AREA 2 - SOUTHWEST QUADRANT ESTIMATED ASSESSMENT COSTS TOTAL CONSTRUCTION COSTS MUNICIPAL STATE AID CONSTRUCTION COSTS FRIDLEY CONSTRUCTION COSTS ASSESSABLE CONSTRUCTION COSTS TOTAL ENGINEERING COSTS MUNICIPAL STATE AID ENGINEERING COSTS FRIDLEY ENGINEERING COSTS ASSESSABLE ENGINEERING COSTS ADMINISTRATIVE COSTS TOTAL ASSESSABLE COSTS STREET ASSESSMENT RATE $299,501.15 117,451.433 FEET AVENUE ASSESSMENT RATE 1/3 OF $2.550000 = $2.550000 $0.850000 STREET FOOTAGE ASSESSMENTS 89,467.916 FEET X AVENUE FOOTAGE ASSESSMENTS 83,950.550 FEET X $2.550000 $0.850000 $336,989.32 ($61,425.56) ($8,898.96) $266,664.80 $9,082.39 ($1,440.40) ($208.68) $7,433.31 $25,403.04 $299,501.15 /ASSESSABLE STREET FOOT / ASSESSABLE AVENUE FOOT $228,143.1858 $71,357.9675 $299,501.1533 CITY OF COLUMBIA HEIGHTS TO: FROM: SUBJECT: DATE: MAYOR & CITY COUNCIL MEMBERS ROBERT S. BOCWINSKI, CITY It~NAGER ADMINISTRATIVE CHARGE5 ON SPECIAL ASSESSMENT PROJECT5 MARCH 30, 1984 Attached are various memos and/or reports dealing with administrative charges on special assessment projects. The first sheet I ~ould draw your attention to is a memo dated March 28, 1984, prepared by Karen Meuleners indicating how we calculated administrative charges on projects considered by the City Council at the March 19, 1984 Public Improvement Hearing. I have also provided support information which indicates the formula and the method of calculating costs and hours dealing with special assessment projects. I trust this will clarify the questions regarding costs associated with administrative charges as presented at the March 19th Public Improvement Hearing. I have also attached numerous documents illustrating the formula used for cal- culating administrative charges. You will note that our present formula is based upon the number of hours and the labor costs associated with the Public Improvement Hearings and handling special assessments. You will also note from the remaining information that the City has charged for costs since at least 1969, but has done so in varying forms and methods. Again, from the attached material, you w111 note for an assessment project notice dated December 8, 1969, that the City was charging 10~ on projects as a factor which, to the best of my knowledge, was for miscellaneous items. You will also notice on the same document that the City was charging staff salaries (Street Department, Engineering Department) as well as other costs associated with special assessment hearings such as advertising. The statement dated November 29, 1972, likewise reflects the same items except here administrative salaries were also included as the combined costs which were then assessed to benefitting properties. On the statement.dated November 29, 1973, the City was then using a 15~ factor in addition to the actual salaries for Street, Engineering and Administration employees. On the schedule dated November 29, 1977, you will note that the City was using a 15~ factor which, to the best of my knowledge, was now reflecting administrative costs only, since salaries were a reflection of engineering costs. Untll 1982, the City used the factor to charge for administrative costs on special assessment projects. Effective in November, 1982, the City applied a new method of calculating administrative costs based upon the recommendation received from the City's auditor. I might add that the City Council expressed its di.ssatisfactlon with using a straight percentage factor and instructed staff to develop a new means of calculati.ng administrative costs. After that action, I advised the Council that we would retain the City's auditor to develop the new method for deter- mining administrative charges. The present system that we are no~ using is the direct result of our auditor's recon~endation. Since the auditor's letter of November 10, 1982, we have slightly modified the formula (see enclosed material). It is obvious that the charging of administrative costs on special assessment projects is not new to the City of Columbia Heights. In fact, the method of Page 2 charging administrative costs and other related cost items associated with a public improvement project is a common practice among cities In the United 5tares. The City of Columbia Heights has used this method for many years, although the method has been modified on occasion. As you know, the City Counci! establishes policy and staff implements that policy. Thus, if there is dissatisfaction on the part of the City Councll either with our present method of developing administrative costs and charges or if there is no longer interest in includlng administrative costs as an assessable element of project costs on public improvement projects, then the City Council may change the policy and instruct staff accordingly. If the City Council chooses to modify the method of calculating administrative charges, then a number of alternatives are available. Let me briefly outline a few: 1. Do not charge any administrative costs on special assessment projects and instead charge all Assessing Department costs against our general tax levy. 2. Develop a flat percentage factor to charge administrative costs on special assessment projects. If this cost does not equal our actual costs for undertaking special assessment projects, the difference would be charged under the City's general tax levy. 3. The next alternative may be a partial charge, whether a percent factor or based on actual costs, with the remainder being covered under the City's general tax levy. The next method of developing administrative costs would be on an actual hours and labor costs (as we are presently doing). 5. The next alternative is that the City of Columbia Heights no longer handles special assessment billing and instead we certify all special assessment billings to the County for collection. Under this arrange- ment, the City may include administrative costs but only for the cost of preparing for a Public Improvement Hearing and the final Special Assessment Hearing. 6. Another possibility may be to add a billing charge to the annual special assessment bill for those parcels where property owners are paying the assessment over a period of time. In this way, we will only be b. illing for administrative costs to those property owners utilizing the installment payment method. In addition, administrative charges for preparing data for public improvement hearings and special assessment hearings would be included as part of the total special assess- ment levy. 7. Another possibility may be to only charge administrative costs if an account becomes delinquent. This would be a significant sum of money and may be construed as part of the penalties for an account becoming delinquent. Obvlously, the above is not a complete listing of all alternatives available in handling administrative charges on speclal assessment projects. However, it may provide food for thought and may become the basis of additional dis- cussion. In addition to the above, I would suggest that the Council consider reviewing its present policy regarding financing of special assessment projects. As you Page 3 know, we are presently assessing 1009 of all project costs to benefitting properties. Some communities handle special assessments in the same manner as the City of Columbia Heights, whereas other communities do it on some proportionate basis between benefitting properties and a general tax levy, and other cities finance special assessment project costs 1009 against a general property tax levy. Obviously, not a11 these alternatives are avail- able in the State of Minnesota or are practical within the City of Columbia Heights. I would suggest that some of the following may be alternative methods for handling the financing of special assessment projects. 1. Assess a11 project costs as we are presently doing. 2. Assess nothing to benefitting properties, and instead finance projects by issuing bonds and then repaying the bonds through general tax levies. 3. Establish a true public improvement revolving fund. In this instance, projects would be assessed, however, monies received would be plowed back into the public improvement revolving fund for use on future projects. Any debt which may be incurred to initiate a PIR fund would be repaid through general taxation. 4. Another alternative to financing projects is through the use of grant monies such as the Community Development Block Grants or Revenue Sharing Grants. Obviously, this is a less realistic and less viable alternative. 5. The fifth possibility may be to use combinations of any of the above. I trust that the above information, as well as the attachments, will provide the Council with additional insight to our present method of calculating ad- ministrative costs on special assessment projects. In addition, I trust the information will also give food for thought:regarding any policy changes the Council may desire regarding administrative costs or the financing of special assessment projects. RSB/bj Attachments CITY COUNCIL LETTER Meeting of : FEBRUARY 28, 1994 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPT.: CITY MANAGER NO: 9 CITY MANAGER APPROVAL ITEM: APPLICATION FOR TAX EXEMPT STATUS BY: PATRICK HENTGES ON PURCHASED SHEFFIELD PROPERTIES DATE: 2-22-94 NO: ~. ~ · Enclosed are copies of the request for exempt tax status on the following sheffield area parcels that the City has purchased: 4519-21 Taylor Street 4642-44 Pierce Street 4607-09 Fillmore Street 4643-45 Fillmore Street 4625-27 Fillmore Street 4531-33 Fillmore Street 4630-32 Pierce Street 4649-51 Fillmore Street 4636-38 Pierce Street 4655-57 Fillmore Street 4654-56 Pierce Street 4618-20 Pierce Street 4535-37 Taylor Street RECOMMENDED MOTION: Move to authorize the City Manager to forward all the applications requesting exempt tax status for the Sheffield area properties acquired by the City. COUNCIL ACTION: shefexpt.clt PeE&.f. Mpk. o Revenue Alimament Form 10 (Rev. (formerly Form 12~! STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Patrick H~ntges Nsme of Organization City of Columbia Heights IBOCIAZ, I~",,'~4'Z'Y NO~ I OffleliI Poittion City Manager 5~)0 40th Ave DESCRIPTION OF PROPERTY 4519 - 21 Taylor Street PIN 25 30 24 33 0119 Columbia Heights .. STATEMENT OF OWNER 1. A~pli~nt ~orlmration is now and was on Jan. 2, 19 94 the owner of the IbOve de~ribed real estate. 2. Ovw~rship of the above promrty by the organiz~tion began on DecembeF ~0 ,19 93 , as evidenced by: 3. Exemption is justifiKI for one of the following reasons: [] Public burying Founds. [] Public school house. [] Public hospital. C] academy, ~ollnge, university, or seminary of learning. [] church, church moperty, or house of worship. [] institution of purely public Chlrity. [] Public property exclusively used for Iny public purpose. I. the primary purpose and function of the property is: '¥acant until redevelopment.takes place. b. Additional um:l of the prol~/am: (give pementag~ of each use)* Ow~hip is ne~sary be;tm: Property was purchased because of blighted deteroirated condition. *If the above prell'tV is used for any residential purlmse, the qumtiom off the m ~ mu~ Im In~m~. F~m II54- f~Ec~ff, Mpk. o (~lv P~ 126) ~A~EMEHT OF O~ER OF R~L E~E C~IM~D TO BE EXEMPT FROM T~TION ANOKA Name of &lN~41e~nT Patrick H~ntges NBme of Organization City of Columbia Heights IBO~ ~ NC)~ I Offld~t Positiofl City Hanager I ~O~Oth Ave NE, 2-22-94 Columbia Heights .. DESCRIPTION OF PROPERTY 4642 - 44 Pierce Street PIN 25 30 24 34 0045 STATEMENT OF OWNER 1. Applicant corporation is now end wis on Jan. 2, 19 94 ~ho owner of the above described real .state. 2. Ownership of the ebove property by the orgenization began on December ~0 ,19 93 ,Iswidencadby: 3. Exemption is justified for one of the following [] Public burying grounds. [] Public school house. [] Public hospital. ri academy, college, university, or seminary of learning. [] church, church property, or house of worship. [] institution of purely public charity. [] Public property exclusively used for any public purpo~. i. the primary purIX)Se ind function of th~ p~p~rty is: · Vacant until redevelopment.takes place. b. Additional used of the propm'ty .m: (giw ~ of Inch Ow~e~hip is nemssary because: Property was purchased because of blighted deteroirated condition. *If the above PrOl~rty is used for any msidemiai purlx)Se, the questions on the rev~r~ side must be iflswarad. ~ i~r,4. Pemdm,. Mpk. o Commlmlonw of II~ ,~,llatm~m~t Fo~m 10 (Rev. ~4) (formerly F~rm 12~) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Name of Al~ieent Patrick H~ntges Name of Or~ni~on City of Columbia Heights I~OCZA[, a/,cu~tTY NO~ I Offldd City Kanager 590 40th Ave NE, DESCRIP~ON OF PROPERI'Y Fillmore Street Print o~ 2-22-94 Columbia Heights ... PiN 25 30 24 34 0057 STATEMENT OF OWNER 1. Applicant CorporItion is now end wis off Jan. 2, 19 c~/f the owner of the ibove desctlbed real estate. 2. Ownership of the above promrty by the orgenization began on December ~:0 ,l'gcj~J, , as evidenced by: 3. Exemption is justified for one of the following raisons: [] Public burying grounds. [] Public school house. [] Public hospital. [] academy, college, university, or seminary of leIming. [] church, church property, or house of worship. [] institution of purely public charity. [] Public property exclusively used for any public purpose. a. the prin~ry ~urlx~e end function of the property is: I/acant until redevelopment.takes place. b..e~lditional reed of the propa~y are: (give ~ of each use)* Owner~ip is nKnsiry beciu.: Property was purchased because of blighted deteroirated condition. *If the Ibove pmmrty is used for any residemlai purlx)se, the Clt, J~tiom o~ the revm"le side must be Imwered. Form I1~1, - PNChM, Idph. O ~ommlmlon~' M Rev~n.e Almtlmm~ F~'m 10 (Rev. ~/4) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Neme of AlPinist Patrick H~ntges NBm~ of Orpni~tion City of Columbia Heights DESCRIPTION OF PROPERTY 4643 IBOC/JJ, B~u'~"TY NO. I OfflCM Position City Manager 590 40th Ave NE, IDem ~f Al~li.tion 2-22-94 Columbia Heights .. - 45 Fillmore Street PIN.25 30 24 34 0052 STATEMENT OF OWNER 1. Applicant corporltion i$ now end was on Jan. 2, 19 94 the owner of the above described rill estate. 2. Ownership of the above properW by the organization began on ~ecember qO ,19 ~;~ , as evidenced by: Exemption is justified for one of the following masons: [] Public burying grounds. [] Public school house. [] Public hospital. !--1 academy, college, university, or seminary of learning. [] church, church property, or home of worship. [] institution of purely public charity. [] Public property exclusively used for any public purpose. the primary purpose end function of the property is: Vacant until redevelopment.takes place. b. Additional used of the property ir.: (give percentage of each use)' ~ip b ne~ssary because: Property was purchased because of blighted deteroirated condition. *If the above IXOpe~/b used for any residential purpose, 1~ questions on the rewrle lide mu~t be enraptured. Commlmion~ of Revenue Almmment Fo~m 10 (Rev. (fM~ly FMm 1~) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANDKA Neme of A~l~t Patrick H~ntges ~eme of Orgeniz~ion City of Columbia Heights DESCRIPTION OF PROPERTY Isoc~Az, Ilc'~ No.. I Om4dM City Manager 5~)0 40th Ave NE, JD~AJ~ J~et o~ T~. IDim of APpi&~Gn 2-22-9q Columbia Heights -. 4625 - 27 Fillmore Street PiN 25 30 24 34 0056 STATEMENT OF OWNER 1. Applicant corpormtion is now and wis on Jan. 2, 19 c//t the owner of the above dis~ribed real estate. 2. OWrmlhip of the mbove promrty by the orgenization began on December tO ,lB cj~ ,a~evidencedby: 3. Exem~ion is justified for one of the following masons: [] Public burying grounds. [] Public school house. [] Public hospital. [] Kademy, college, univerfiW, or seminary of leIming. [] church, church ~Ol~rty, or house of worship. r~ imtitution of purely public charity. [] Public ~operty exclusively used for any public putlx~e. i. the prin~ry purpose and function of the promrty 'Vacant until redevelop~nt.takes place. b. Addifionll used of the property Ire: (give permntage of eIch use)* Ow~r~hip is nec~ary bKause: Property was purchased because of blighted deteroirated condition, 'If the ibove pmpe~y is u~d for any f~identlal purpose, the qui~ on the !~ lide must be init. Fora 1~54. I'Ndw, Mpk. o CommlmJonM of Rewnue AMmment Form 10 IR~v. :1~74) (formerly IBMm 126) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA N~me of Al~licla! Patrick H~ntges Name of Or~ni~on City of Columbia Heights ~ IIC~ NO,, I Offld~ Pomton City Manager 590 ~Oth Ave NE, IDram of AP~llr.~lon Columbia Heights ... DESCRIPTION OF PROPERTY PIN 4531 - 33 Fillmore Street 25 30 24 34 0097 STATEMENT OF OWNER 1. Applicant corporation ii now and was o~ Jan. 2, 19 94 the owner of the above described real estate. 2. Ownership of the above property by the orgenization began on December 30 ,19 93 , as evidenced by: 3. Exemption is justified for one of the following masons: [] Public burying grounds. ri Public school house. [] Public hospital. r'] academy, college, university, or seminary of ieIrning. [] church, church prolxr~, or house of worship. [] institution of purely public charity. [] Public ~operty exclusively used for any public purpose. a. tM wimary purpose and function of l~m proporty is: Yacant until redevelopment.takes place. b. Additional used of the proprP/are: (~iw percinta~ of each Ovwers~ip is nmmseIry because: Property was purchased because of blighted deteroirated condition, 'if the ibove I~opertv is mad for Iny residentid purlmse, the quistions on the m licle must be InS~mred. 1154. I~, Mpk. o Commi..ion~' .4 Ik~Emue Al~t~nt ~ 10 (Ik~. ~/74) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA N~ of &l~ie.e~t Patrick H~ntges N~ of Or~aniaatimt City of Columbia Heights City Hanager 590 40th Ave NE, DESCRIPTION OF PROPERTY 4630 - 32 Pierce Street PIN 25 30 24 34 0047 J~eaxe PH~t o~ Type. IDIt~ of A~)llcal]ofl 2-22-94 Columbia Heights ..' STATEMENT OF OWNER 1. Applicant corporItion is now and wis on Jan. 2, 19 9~ the owner of the above described real istat.. 2. Ownership of the above property by the orgInization began on ~pt-pmKK, r _~n ,19 ...~., as widenc~cl by: 3. Exemption is justified for o~e of the following masons: [] Public burying grounds. [] Public school house. [] Public hospital. I--~ academy, college, university, or seminary of lemming. [] church, church prol:~rty, or house of womhip. [] institution of purely public charity. [] Public property exclusively used for any public purpose. i. the ~rimary ~urpose and function of the I~operty is: Vacant until redevelopment.takes place. b. Additional used of the property ara: (give pemontage of each use)' Ownership is nemssary because: Property was purchased because of blighted deteroirated condition. *If the above IXOPerty is used for iny residential Imrlx)Se, the questions off the ~ side must be answered. o~ -.~ 3 -Pr," Fefm III4 - PN&a'. Mpk, o CommiicionM ~f Ri, venue ~ PM'm 10 (Rev. 3//4) (formMIv Form STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA N4me of AppiicMlt i Patrick H~ntges I NBme of OroBnizltion City of Columbia Heights DESCRIPTION OF PROPERTY 4649 - 51 IOCZAZ, l~ N(~. J Official Poiition I · City Manager 5~)0 40th Ave NE, Fillmore Street Columbia Heights .. PiN.Z5 30 24 34 0053 STATEMENT OF OWNER 1. Applicant corlx~etion b now end was on J~n. 2, 19 D4 the owner of the ebove described reel estate. 2. Ownership of the above property by the organization begen on December 30 ,19 93 ,asavidencedby: Exemption is justified for one of the following masons: [] Public burying grounds. [] Public school house. [] Public hospital. [] academy, college, university, or seminary of Iflrning. [] church, church property, or house of worship. ri institution of purely public cherity. [-i Public property exclusively used for eny public purl:x)se. Vacant until redevelopment.takes place. b. Additionli used of the property ~1: (giw pementl~ of each use)* Ownership is necessary because: Property was purchased because of blighted deteroirated condition. *If the ibove property b used for iny ruldemill pUrlX)Se, the que~iom on the reverie lide must be Gomm~mlonM of Rewnue A~mmment Form 10 (Rev. 3/'/4) $'T'ATEMENT OF OWNER OF REAL. ESTAI'E CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Nlme of AP~dic~tT Patrick H~ntges Nsme of Or~ni~on City of Columbia Heights B OffldM City Hanager 590 /~0th Ave N£, Type. IDm of APl~llr.,a~ 2-22-94 Columbia Heights .. DESCRIPTION OFPROPERTY 4636 - 38 Pierce Street PIN 25 30 24 34 0046 STATEMENT OF OWNER 1. Applicant corporation is now end was on Jan. 2, 19 94 the owner of the ebow described real ,state. 2. Ownership of the above property by the organization began on December ~,0 ,19 c~ , Is ividenced by: 3. Exemption is jusfifiKI for one of the following masons: [] Public burying Founds. [] Public school house. [] Public hospital. [] academy, college, univeTsity, or seminary of learning. [] church, church property, or house of worship. [] institution of purely public chlrity. [] Public property exdusively used for any public purpose. i. the prinmry IXXpOSe and function of the property is: Vacant until redevelopment.takes place. b. Addifionel used of 1M property Ira: (~iw pircentN~ of each use)* Ownership is ne(~Jsery beeaae: Property was purchased because of blighted deteroirated condition. elf the ebove property is used for mY( residentill purpose, the questions on the rewrse ikle mu~ be Imwered. Commlmioner ef Revenue &l~:ement Pofm 10 (Rev. (formerly Fo4.m 12~) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Name of AINI4ir.~t Patrick H&ntges Name of Or~niaa~on City of Columbia Heights DESCRIPTION OF PROPERTY City Kanager $~0 ~Oth ~¥e J~ Pn'.t or T,vpe. IDat. ~ &lN~llcation 2-22-94 Columbia Heights .. 4655 - 57 Fillmore Street PIN 25 30 24 34 0054 STATEMENT OF OWNER 1. Applicant cor~ration is now ind was on Jan. 2, 19 94 the o~mer of the above described mil estate. 2. Ow~er~hip of the above property by the organization began on ~ecemh~_r ~n ,19 cj_~ ,aswidencedby: 3. Exemption is justified for one of the following masons: [] Public buwing Founds. [] Public school house. [] Public hospital. [] academv, college, university, or seminary of leIming. [] church, church property, or house of worship. [] institution of purely public charity. r-1 Public property exclusively used for any public purposL i. the primary purlx~e ind function of the prol~rty is: Vacant until redevelopment.takes place. b. Additional used of the property am: (give permntag~ of each use)* Ownership is neeessary because: Property was purchased because of blighted deteroirated condition. elf the above proi~'ty is used for any msidemial purlx)m, the questions off the reverm side must be answered. Form liS4. PNchef, Midi. o CommfBItonef elf PI~I~ Al~itemeflt Form 10 I Illin. ~/'74) (formerly Ir~,m 12~) ~TATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Patrick H&ntges City Hanager N~me of Or~i~ I ~ City of Columbia Heights I 5~0 ~0th Ave NE, DE$CRIP~ON OF PROPERTY 4654 - 56 Pierce Street PIN 25 30 24 34 0049 ~ Pr~.t or Typ~. IDm~e ~ A~lli~tion 2-22-94 Columbla Heights -. STATEMENT OF OWNER 1. Applicant corporation is now and was on Jan. 2, 19 the owner of the above described real estate. 2. Ownership of the above property by the orlpnizltion bepn on ' January 7 ,1'9 _.~., as evidenced by: 3. Exemption is justified for one of the following masons: [] Public bu~/ing grounds. [] Public school house. [] Public hospital. [] ~cademy, college, university, or seminary of learning. ri church, church property, or house of worship. [] institution of purely public charity. [] Public property exclusively used for Iny public purpose. Vacant until redevelopment.takes place. b. Additional used of the property are: (give percentage of each use)* Ownership is necessary because: Property was purchased because of blighted deteroirated condition. *If the above property is ~ for any residential purpose, the ClUestiom on the reveree ride must be Illllylrld. Fom~ 1114. Pouc&er, MpIL o ~ommltIiOn~, of Revenue ~ Form 10 (Rev. (form~lv Fo~m 12~) STATEMENT OF OWNER OF REA/ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Patrick H~ntges ! Name of Organization City of Columbia Heights I City Manager 590 40th Ave NE, DESCRIPTION OF PROPERTY 4618 - 20 Pierce Street NE J~e~re Print er Type. DBTI of Ap~ll(~tiofl 2-22-94 Columbla Heights .. PIN 25 30 24 34 0061 STATEMENT OF OWNER 1. Applicant corporation is now end was on Jan. 2, 19 the owner of the IhoVe describm:l real estate. 2. Chvnership of the above property by the organization began on Januar¥ 7 ,19 ~4 , as evidenced by: Exemption is justified for one of the following masons: [-J Public burying grounds. [-] Public school house. 1-] Public hospital. [] academy, college, university, or seminlw Of learning. [] church, church property, or house of worship. [] institution of purely public charity. [] Public property exclusively used for any public purpose. a. the primary purpose ind function of the property is: Vacant until redevelopment.takes place. b. Additional used of the property are: (give perce~ of each use)' Ownership is necessary because: Property was purchased because of blighted deteroirated condition. 'If the above IXOperty is used for any residential purpose, the questions on the reverie side must be Imwered. Fo~ IIS4- PouchM, MpIL o C;ommilMone~ ef Iqev~ue A~ Form 10 (Rev. 3//4) (f~rmerly Fo~m 128) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Name of Ap~|cant Patrick H6ntges Name of Or~niza~on City of Columbia Heights ISOC2&J, 8[,GlJ~TTY NO.. I Official Positio~ City Manager .PJP~e Print or T~pe. Date of Application 2-22-94 Columbia Heights .. DESCRIPTION OF PROPERTY 4535 - 37 Taylor Street PIN 25 30 24 33 0122 STATEMENT OF OWNER 1. Applicant corporation is now and was on Jan. 2, 19 the owner of the above described real estate. 2. Ownership of the above property by the organization began on ,19 94 , as evidenced by: 3. Exemption is justified for one of the following masons: [] Public burying grounds. I-1 Public school house. [] Public hospital. ['J academy, college, universitv, or seminary of learning. I-~ church, church property, or house of worship. [] institution of purely public charity. [] Public property axclusivelV used for any public purpose. the primary purpose and function of the property is: Vacant until redevelopment.takes place. b. Additional used of the property am: (give percentage of each use)* c. Ownership is necessary because: Property was purchased because of blighted deteroirated condition. BI,nature of AppI~ elf the above property is used for lny residemill purpose, the questions on the reverse side must be answered. CITY COUNCIL LETTER Meeting of: February 28, 1994 AGENDA SECTION: New Business ORIGINATING DEPT.: CITY MANAGER NO: 9 Building Inspections APPROVAL ITEM: Authorization to Seek Bids For ~'~ BY: Evelyn Nygaard&~_ BY~~~%~3~ ~ Fire Alarm Improvements in City NO: Buildings to Comply with ADA DATE: February 24, 1994 The City's evaluation of buildings and facilities adopted by the City Council on March 8, 1993 identified chan§es needed to provide for accessibility and compliance with the Americans With Disabilities Act. The existing fire alarm system at City Buildings are not accessible to persons with mobility disabilities. For example, the pulls are located too high off the floor to be reached by someone in a wheel chair. Moreover, there is currently no way to warn hearing impaired persons of danger. Monies are available through the Community Development Block Grant Funds for this project. RECOMMENDED MOTION: Move to authorize Staff to seek bids for fire alarm improvements to City buildings to comply with the requirements of the Americans With Disabilities Act. COUNCIL ACTION: TO CITY COUNCIL FEBRUARY 28, *Signed Waiver Form Accompanied Application 1994 LICENSE AGENDA APPROVED BY BUILDING INSPECTOR CONTRACTORS Lloyds Home Imp. LICENSED AT 1012 N.E. 42½ Avenue FEES $ 40.00 · CITY COUNCIL LETTER Heetins of : FEBRUARY 28. 1994 AGENDA SECTION.. NEY BUSINESS ORIGINATING DEPT. ,, CITY MANAGER NO ,, 9 CITY lfANA~ER APPROVAL ITE~t APPLICATION FOR TAX EXEMPT STATUS BY, PATRICK HENTGES B~ ON PUrChASED SHEFFIELD P~OPERTIES DATE.. 2-22-94 NO, Enclosed are copies of the request for exempt tax status on the following sheffield area parcels that the City has purchased.' 4519-21 Taylor Street 4642-44 Pierce Street 4607-09 Fillmore Street 4643-45 Fillmore Street 4625-27 Fillmore Street 4531-33 Fillmore Street 4630-32 Pierce Street 4649-51 Fillmore Street 4636-38 Pierce Street 4655-57 Fillmore Street 4654-56 Pierce Street 4618-20 Pierce Street 4535-37 Taylor Street COUNCIL ACTION: shefexpt.clt 154. I~,d~. Mi&. · _ ~)mmledonef of Revenud AMtmmm I,m'm 10 (Rev. (formerly PMm 1~) $TATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Patrick Hintges Nlme of Ofllndatiofl City of Colu~ia Heights DE$CRI~ OF PRO~R~ City Manager 590 40th Ave NE, 4519 - 21 Taylor Street Piti 25 30 24 33 0119 IDmtB O~ A~(~IG~.,~G~ 2-22-9~ Columbia Heights -.. STATEMENT OF OWNER 1. Appliclnt mrlxx~tion b now Ind was on Jan. 2, m 94 th. o~ of ~ .hove ~o~t~d mi 2. Ownership of the above prolxrty by the org~nization bqan on DecembeF ~0 ,19~,mevidenc~dby: 3. Exemption is justified for one of the following remons: [] Public burying grounds. [] Public ~hool houw. [] Public hospital. r-i iciclemy, college, univeftity, or mminary of IHming. [] church, ohurch ProI~Y. or houl of worship. [] institution of purely public charity. [] Public property exdmively u~d for any public purpose. the pri~ef putpe~e end functio~ of the property is: 'Vacant until redevelopment.takes place. b. Additi~l used of the IX~perty ere: (give ~ of nth use)' Ownership b n~ary bemme: Property was purchased because of blighted deteroirated condition. *If th~ above i~o1~/b umd for ~ny fmideflti~l purlmse, the timdom mt the tavern dde must be Imswared. Form 1154 . Peuchef, MpIs. o CommluJon4f of Iqeulnue Abltemefft IBofm 10 (Rev. (lordly Form 126) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Name of Xppligln! Patrick H~ntges Name of Organizetion City of Columbia Heights DESCRIPTION OF PROPERTY 4642 - 44 Pierce Street PIN 25 30 24 34 0045 Official City Idanage r 1~;~40th Ave NE, Print or T~. IOat'~ of Appllutiofl 2-22-~4 Columbia Heights .. STATEMENT OF OWNER 1. Applicant corporation is now and was on Jan. 2, 19 ~4 the owner of the above described real estate. 2. Ownership of the above property by the organization began on December 50 ,19 93 , as evidenced by: 3. Exemption is justified for one of the following masons: [--J Public burying grounds. [] Public school house. [] Public hospital. [] academy, college, university, or seminary of learning. [] church, church property, or house of worship. [] institution of purely public charity. r'i Public property exclusively used for any public purpose. I. the ~rimmry purpose and function of the property is: Vacant until redevelopment.takes place. b. Additional u~d of the property am: (give percentage of each use)* Ownership il nlcessa~ because: Property was purchased because of blighted deteroirated condition. *If the above ProperTy iS used for any residential I~Xlx~, the Questions off 1hi mv~ll ~ide must be answered. Fsm Ili4 · hed~. Mi,h. e _ ~ommimio~ Df Req~nue AJm~mant Fa~m 10 (Rev. STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Name Df All~li~lflt Patrick H~ntges Name Df OrlBni~it~on City of Columbia Heights DESCRIPTION OF PROPERTY ~m~ Po,moa City Hanager 5~40th Ave NE. 4607 - 09 Fillmore Street PIN' 25 30 24 34 0057 2-22-94 Columbla Heights --- ~TATEMENT OF OWNER 1. Apldieant mq~oration b ~ and was o~ Jan. 2, 19 c~t the owner of the above described real ~tat~. 2. Owner~hip of the above lxomrty by the organizatlofl began ~ [~ecember ~0 ,l'g q~ ,mwidem:edby: Exemption is justified for one of the following I--1 Public ~iq Fou~. ~ ~bli; ~1 hour. ~ ~blic ~sp~l. ~ ~, ~11~, ~i~iW, ~ ~minsw of ~i~. ~ ~u~, ~r~ ~o~, ~ ~ of ~hip. ~ i~on ~ ~rely ~ic ~. ~ P~lie ~o~ ~dmi~ly ~ f~ any ~blic a. the wimaw ~ and funetio~ of the prOl~rW is: Vacant until redevelopment.takes place. b. Additional reed of the prOl:mrt'y ~: (give permmt~ of moh me)' Owrmrddp b ~w Property was purchased because of blighted deteroirated condition, Form 11~4 . Pe~c~e~'0 MpIL o CommlleJohM C~ Iqevenu® Abetlmefft Form 10 (Mev. 3/74) (formerly Form 126) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Patrick H~ntges I City of Columbia Heights DESCRIPTION OF PROPERTY IOfflc~M PosJ~on City Hanager Columbia Heights .. 4643 - 45 Fillmore Street PIN 25 30 24 34 0052 STATEMENT OF OWNER 1. Applicant cor;oration is now end was on Jan. 2, 19 94 the owner of the above des~'ibed mai e~ate. 2. Ownership of ~e above property by the organization began on December t0 ,19 93 , m~ evidenced by: Exemption is justified for one of the following masons: [] Public burying grounds. [] Public school house. [~] Public hospital. [] academy, college, university, or seminary of learning. [] church, church property, or house of worship. [~] institution of purely public charity. [] Public property exclusively used for any public purpose. a. the primary purpose ind function of the property is: Vacant until redevelopment.takes place. b. Additional used of the pmperW Ira: (give I:~re~ntage of each use)' c. Ownership is nemssary because: Property was purchased because of blighted deteroirated condition. 8ign~u~ ~f AI)~d~ elf the above I)mperTy is used for any residential purpose, the questions on the rewrm side must be answered. Commlulon~' ef Revenue AIm~ma, m ~ 10 (Rev. (~,y FoE'm 1~) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA ~625 City Hanager - 27 Fillmore Street Columbia Heights -. PiN 25 30 2q 3q 0056 STATEMENT OF OWNER 1. ApMi~nt mrlx)rition is now Ind wE on Jan. 2, 19 q~, ~ho avmer of the al)ow clmaibed mi estl.. 2. Ovwe~shi;) of the above promrty by the orglnizitJon begin off December ~0 ,19 q~, m eviderced by: 3. Exeml~ion it justified for one of the following reasons: [-] Public buwing grounds. [] Public ,:hool house. [] Public hospital. [] icedemv, coll~ge, university, or mminary of lemming. [] ;hutch, church moperty, or house of worship. [] institution of purely public chlrity. I"i Public Ixo~erty exclusively used for any public IxJrlx~e. the Ixim~ry purlx~ mhd function of the pml~Y is: 'Vacant until redevelopment.takes place. b. Additim~al meal of the ~rol~tY m: (give ~,centlp of tach use)' Ownership b ~ry bemuse: Property was purchased because of blighted deteroirated condition. Fo~ IIS4. Poeche~, MpIL o Commi~to~e~ ~f fl~ A~ F~m 10 (R~. ~4) (f~ly F~m 126) ~ATEMENT OF OWNER OF R~L ESTATE CLAIMED TO BE EXEMPT FROM T~TION ANOKA O Patrick Hentges Name of Or~rti~ttOrl City of Columbia Heights DESCRIPTION OF PROPERTY City Manager Co]umbia Heights .. 4531 - 33 Fillmore Street PIN 25 30 24 34 0097 STATEMENT OF OWNER 1. Applicant corlx)retion is now and was on Jan. 2, 19 94 the owner of the above described real estate. 2. Ownership of the above property by the organization began on December 30 ,19 93 ,Is evidenced by: Exemption is justified for one of the following masons: [] Public burying grounds. [] Public school house. r'] Public hospital. I--i academy, college, university, or seminary of leIming. [] church, church property, or house of worship. [] institution of purely public charity. [] Public property excJusively used for any public purlx~e. the primary purlx~e and function of the I:~perty is: t/acant until redeve)opment.takes place. b. Additional used of the pml:~'t'y are: (give percer~ of each use)' c. Ownership is necenary bemuse: Property was purchased because of blighted deteroirated condition. elf ' . the Questions o~ the reverse sk:le must be IltlWtld_ ~,ommtmioner ef Revenue Almmment ~ 10 (Rev. STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA i i IDm o~ APP~'-~ City Hanager I 2-22-94 Iteights $~0 l~Oth Ave ~£, golu~bla Hei§ht$ -.' Patrick Hintges Name of OrgeflLla~oft City of Columbia DESCRIPTION OF PROPERTY 4630 - 32 Pierce Street PiN. 25 30 2~ 3~ 0047 STATEMENT OF OWNER 1. Applicant mrporation b now and was on J~n. 2, 19 _Cl/~ the owner of the above described real mtat.. 2. C)wn~ship of the mbo-- promrty by the organization began on i'lPc,,-~h,-,- ~ n ,19 ...,~, m widencad by: 3. Exemption is justifiKI for one of the following m~ons: ["1 Public burving grounds. [] Public school house. [] Public hosDit~l. [] academy, college, univm'sity, or mminary of leBming. I-I church, church property, or house of worship. [] institution of purely public charity. [] Public property exclusively mid for Iny public purpml. function of the property is I. the ;rimity purlxr, e and : Vacant until redevelopment.takes place. b. AdclitJonll umd of the property me: (give immmtl~ of mdt use)' Owmrship is memsiry because: Property was purchased because of blighted deteroirated condition. Ferm 1154. Pe~d~af. MIdt.o Comml~ioner ~f Reven~e Alaeteme~t Form 10 (Rev. (fOrmerly Form 126) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Neme of API~I|~! ~ I~ NO~ Patrick Hentges Neme of OrganizltJon City of Columbia Heights DESCRIPTION OF PROPERTY City Manager ID~tl of Al~ll~Jtion 2-22-94 Columbia Heights -. 4649 - 51 Fillmore Street PIN 25 30 24 34 0053 STATEMENT OF OWNER 1. Applicant corporation is now and wa~ on Jan. 2, 19 94 the owner of the above described reel l~tate. 2. Ownership of the above promrty by the organization began on December 30 ,lg 93 ,~evidencedby: Exemption is justified for one of the following mesons: [] Public burying grounds. [] Public school house. [] Public hospital. [] academy, college, university, or seminary of leiming. [] church, church ~operty, or house of worship. [] institution of purely public charity. [] Public pro13erty exclusively used for any public purlx~e. m. the primary purlx~e end functio~ of the property is: Vacant until redevelopment.takes place. b. Additional used of the property are: (give percentage of each use)' Ownership is necessary because: Property was purchased because of blighted deteroirated condition. · ' iN =uroote, the Questions on the m tide must be .nswered. Om Co~mimionef of Iqevmw4 Alioument Pofm 10 (Rev. ~'/d.) (fed~oflv IBorm I~6) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Patrick Hintges City of ~lumbia Heights D~CRI~ OF PRO~R~ City Hanager 1 5~"~0%Oth Ave NE. 38 Pierce Street PIN 25 30 24 34 0046 A ~ 2-22-9q Columbia Heights STATEMENT OF OWNER 1. Al~licant Ix)rpr)qfion b now end w~ o~ Jan. 2, 19 9q ~ ~ ~ ~ I~ d~ mi ~m. 2. ~ipof~el~~~ni~on~n~ December ~0 o Exemption is justified for one of the following remons: [] Public burying grounds. [] Publig school house. r-! Public hospital. I-] academy, college, university, or seminary of learning. [] church, church property, or hou# of worship. [] institution of purely public charity. [] Public property exclusively used for any public purpose. a. the primary purpose and function of th~ propwty b: Vacant until redevelopment.takes place. b. Addidoml mad of the property Bm: (give permm3~ of each use)° Owne~hip b mmmary beeau#: Property was purchased because of blighted deteroirated condition, -. CommlliJoF~ ~ Iqev~ AI)l~mMtt IBo~m 10 (Rev. 3/74) (f~mMIy Item 126) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Name of Appllcl~t Patrick H~ntges Name of Orelnizetion City of Columbia Heights City Hanager 590 40th Ave NE, Columbia Heights IDI~ of A~ll~ofl 2-22-94 DESCRIPTION OF PROPERTY PIN 4655 - 57 Fillmore Street 25 30 24 34 0054 STATEMENT OF OWNER 1. Applicant corporation is now and was on Jan. 2, 19 94 the owner of the above described mai estate. 2. Ownership of the above property by the organizltion began on December ~ ,19 cl~ , as evidenced by: Exemption is justified for one of the following masons: [] Public burying grounds. [] Public school house. [] Public hospital. [] academy, college, university, or seminary of learning. [] church, church property, or house of worship. D institution of purely public charity. r'l Public property exclusively used for any public purpose. a. the primary purpose and function of the property is: Vacant until redevelopment.takes place. b. Additional used of the property are: (give percentage of each use)' Ownership is nec~sary because: Property was purchased because of blighted deteroirated condition. · ' ' ~ eu~tloflm m~ the m~',* ~idl m~ ha m~..,~.,~ Commludofloe O4' ~tmnuo ~ M 10 (l~ev. ~74) (fOrmerly Form 1~) ' STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Ib,N Of AOO'Unt I IOCIAL IE:UIITY NO~ I Offidtl f°K°n J Gm of A~l~,oa Patrick fl~ntges City Haflager I 2-22-~ . N~ of Or~ City of Cotumbia Heights 5~0 40th Ave NE, Col~bia Heights .. , DESCRIPTION OF PROPERTY 4654 - 56 Pierce Street PiN 25.30 24 34 0049 STATEMENT OF OWNER 1. Appliclnt corporItion is now ~nd wE on JIn. 2, 19 the own~ of the Ibova described real m13t.. 2. Ownership of the Ibova promrty by the orginizitJon begin on ' January7 ,1'9 94, m wiclenc~d by: 3. Exemption is justified for one of the following relsons: [] Public bu~ying grounds. [] Public school house. [] Public hospital. [] icacbmy, college, univ~sity, or mminiw of le.rning. [] church, church IXOperty, or house of worship. [] institution of purely public charity. [] Public property exclusively used for any public purpose. a. the prlma~f purpose ind fuflctiofl of the property is: Vacant until redevelopment.takes place. b. Addidonal used of the property ~m: (give ~ of loch use)* OwMqhip is necms~y became: Property was purchased because of blighted deteroirated condition. r. off~ 1154 o Pouc~ef, Mffk. o Comml~ofler Of Iq~ue ~ Form 10 (REM. ~f74) (formerly Fo~m 12~) STATEMENT OF OWNER OF REAL ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA o t- Patrick Hentges Name of Or~niz&~on City of Columbia Heights City Manager IAOdre~I 590 40th Ave NE, J~ue P,~,. or Type. Columbia Heights iDI~ of A~llc~ion 2-22-~4 DESCRIP~ONOFPROPERTY 4618 - 20 Pierce Street NE PIN 25 30 24 34 0061 STATEMENT OF OWNER 1. Applicant corporation is now and wins on Jan. 2, 19 the owner of the above des~ibed mai estate. 2. Ownership of the above property by the organization began on January 7 ,19 94 , m~ evidenced by: Exemption is justified for one of the following masons: [] Public burying grounds. [] Public school house. [] Public hospital. [] academy, college, university, or seminary of learning. [] church, church property, or house of worship. [] institution of purely public charity. [] Public property exclusively used for any public purl:x~e. a. the primary purpose and function of the property is: Vacant until redevelopment.takes place. b. Additional used of the property Ire: (give percentage of each use)* Ownership is necessary becluse: Property was purchased because of blighted deteroirated condition. IIg~mq of AppI~~ If the above · · the ueatm~ oa the reverie tide mu~t be Inswered. Form .I I# - Porn:lin'. IApl~ o ~ommlmionee of Rmm~ue A,1o~mmmtt Fo~m 10 (Rev. ~'/4) (fofm,d, ly Form 126) STATEMENT OF OWNER OF REAL. ESTATE CLAIMED TO BE EXEMPT FROM TAXATION ANOKA Nlm! o! ARIti~n! Patrick H~ntges N~ of Or~niu~ City of Columbia Heights City Kanager 590 ~Oth Ave NE, ID-ti of AINHIc~tt~t Columbia Heights -. DESCRIPTION OF PROPERTY /~535 - 37 Taylor Street PIN 25 30 2q 33 0122 $TATEMENT OF OWNER 1. Applicant corporation is now and was on Jan.'2, 10 the owner of the above described real estate. 2. Ownership of the above property by the organization began on ,19 ~)/4., as evidenced by: 3. Exemption is justified for one of the following reasons: [] Public burying grounds. [] Public school house. [] Public hospital. [] academy, college, univerfity, or seminary of learning. [] church, church property, or house of worship. [] institution of purelv public cheritv. [] Public property exclusively used for any public purpme. I. the primary purpose and function of the property is: Vacant until redevelopment.takes place. b. Additional u~d of the pmpm~y ~re: (give pen:entege of each use)° C~ip i~ neceaary because: Property was purchased because of blighted deteroirated condition. elf the Ibc)vi ~ used for iny residem:ili purpose, the qulstions on the m side mu~ Iai anlwared. CITY 00UNC~L ~?TER Meetin8 of= Februar~ ZS, 1994 AGENDA SECTION= New Business ORIGINATING DEPT. = CITY MANAGER NO.' 9 Buildin8 Inspections APPROVAL Fire Alarm Improvements in City%~~ NO: Buildings to Comply with ADA DATE: February 24, 1994 The City's evaluation of buildings and facilities adopted by the City Council on March 8, 1993 identified changes needed to provide for accessibility and compliance with the Americans With Disabilities Act. The existing fire alarm system at City Buildings are not accessible to persons with mobility disabilities. For example, the pulls are located too high off the floor to be reached by someone in a wheel chair. Moreover, there is currently no way to warn hearing impaired persons of danger. Monies are available through the Community Development Block Grant Funds for this project. REC0WWENDED MOTION= Move to authorize Staff to seek bids for fire alarm improvements to City buildings to comply with the requirements of the Americans With Disabilities Act. COUNCIL ACTIONs CITY COUNCIL LETrER Meeting of: 2/28/94 AGENDA SECTION: NEW BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO. 9 PUBLIC WORKS ITEM: INCREASED PAY RATE FOR BY: M. Winson ~/~ BY ~,~ ~ DA NO. SEWER/WATERFOREMAN q, E' DATE: 2/25/94 T~:--' ' Terry Randall has been selected for tho position of Working Foreman for the Sewer/Water Department. Terry started with the Public Works Department in August 1990. He holds licenses in both water and wastewater operation. He has also recently successfully completed correspondence courses through California State University on operation and maintenance of both water dislribution systems and wastewater collection systems. The current contract with the I.U.O.E., Local 49 employees, has the entry level wage for foremen at $13.25/hour. Three Sewer/Water Department employees (2 Maintenance II and 1 Maintenance III) would be making considerably more money. It is felt that it is not equitable or desirable for the most responsible employee in a department to be one of the lowest paid. It is recommended that Mr. Randall be started at the 2-year rate of $15.24/hour. This would result in only one employee having a higher rate and two employees having essentially the same rate as the foreman (due to heavy equipment pay differential which the foreman does not receive). Mr. Randall would move to the next step after one year, based on satisfactory performance. RECOMMENDED MOTION: Move to approve the starting rate for Terry Randall, the Sewer/Water Working Foreman at the 2-year (Step IV) rate of $15.24/hour based on the 1994 Labor Contract between the City of Columbia Heights and the International Union of Operating Engineers, Local No. 49. MAW.'jb 94-115 COUNCIL ACTION: APPENDIX A WAGES 1999 Adjustmentsshall be effective January 1, 1993. No retroactive wage payments will be made to any employee terminati/ng employment during calendar year 1993, prior to Council ratification of a 1993 wage schedule. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Maintenance I Maintenance H Maintenance III Foreman Laborer & Part-Time Step I Steo H Step III Step IV Steo V Step VI Entry 6Months 1 Year 2 Years 3 Years 4 Years $ 9.91 $10.41 $10.90 $11.40 $11.89 $12.39 $11.82 $12.41 $13.00 $13.59 $14.18 $14.77 $12.36 $12.98 $13.60 $14.21 $14.83 $15.45 $12.95 $13.60 $14.25 $14.89 $15.54 $16.19 $ 5.50 - $ 7.25 1994 Adjustments shall be effective January 1, 1994. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Maintenance I Maintenance H Maintenance III Foreman Laborer & Part-Time Step I Step H Step HI Step IV Step V Step VI Entry 6Months 1 Year 2 Years 3 Years 4 Years $10.14 $10.64 $11.15 $11.66 $12.16 $12.67 ~$12.09 .$12.69 $13.30 $13.90 $14.51 $15.11 $12.65 $13.28 $13.91 $14.55 $15.18 $15.81 $13.25 $13.91 $14.57 $15.24 $15.90 $16.56 $ 5.50 - $ 7.25 12 m I~ ~ ~ m -- -- m rn m ,,,,dm CITY COUNCIL LETTER Meeting of: February 28, 1994 AGENDA SECTION: New Business NO. 9 ITEM: Authorization for training~. ~ NO. ORIGINATING DEPARTMENT POLICE BY: David P. Mawhorter DATE: February 23, 1994 CITY MANAGER APPROVAL: Authorization is requested to send Investigator Bryon Fuerst of the Police Department to the use of Force and Firearms Instructor Course hosted by the Minnesota Bureau of Criminal Apprehension from July 25 to August 5, 1994. The purpose of this training is to prepare Officer Fuerst to teach department members in the use of force and firearms issues. At the completion of this course, Officer Fuerst will be a certified firearms instructor and use of force instructor. We currently have no persons who are qualified both as firearms and use of force instructors. It is important to the department and the City that we have a person certified in both of these disciplines so that appropriate cross-training can be given in the use of force as it may escalate to the use of deadly force through the use of a firearm. This course will provide us with such an officer. RECOMMENDED MOTION: "Move to authorize police officer Bryon Fuerst to attend Use of Force/Firearms Instructor Course to be held in the metropolitan area from July 25 to August 5, 1994, sponsored by the Bureau of Criminal Apprehension Training and Develop- ment Section, and the tuition of $400 to come from the Police Department training budget, 101-42100-3105." DPM:mld 94-067 COUNCIL ACTION: CITY OF COLUMBIA HEIGHT~ This completed form must be presented to tho City Mamger by tho Monday proced, ing the regular Council Meeting fo~ approval of atte,,~uce. DATE OF RF.~U~ST: February 22r NAME OF ACTIVITY: USE OF ~STIMATED COST: $ 400 BUDG~I~D FOR~ X Y~S FORCE/FIREARMS INSTRUCTOR COURSE ACCOUNT~. 101-42100-3105 NO SUFFICIF. NTFUNDSREMA~INO: x Y~S OF INDIVIDUALS ATTENDING: Br~on Fuerst 1994 NO WHEN: July 25 to August 5, ~IE~ metro 1994 PURI~SEOF EVENT: This course is desisned to educate the law enforcement officer in the skills necessary to develop, implement, and conduct firearms and use of force training to police officers. Following completion of this a certified firearms and use of force instructor. HOW WILL THIS ACTIVITY HEL~ YOU AND/OR YOUR DEPARTMENT~ Following Bryon Fuerst will be a certified firearms and use of force instructor. course, the student will be this course, PLEASE ATTACH ANY BROCHURES OR INFOR~ON llELATED TO TH~ EVENT. SIGNATUR.ES: DFPARTMENT HEAD. DIVISION HEAD MAYOR IF REQUIRED, APPROVAL BY CITY COUNCIL: DATE DATE DATE DATE Upon approval by the City Manager, or City Council (if applicable), a copy of this form will be submitted to the Finance Department and appropriate Division Head. This form is not · registration form or · reqnost for pre- registration monies. 07/14/92 TRAVEL ADVANCE REOUEST NAME: NAME AND LOCATION OF EVENT; DATE: FROM TO AMOUNT OF ADVANCE TRANSPORTATION MEALS, LODGING AND INCIDENTALS REGISTRATION FEE OTHER - SPECIFY $ TOTAL ADVANCE ACCOUNT CODE: CITY MANAGER'S APPROVAL: DATE: If any item is to be paid directly by the City, write 'direct' in blank and do not include an amount in 'Total Advance'. IN SIGNING BELOW, I 1) Acknowledge the above requested amount is an advance payment for travel and attendance at the above stated function. 2) Agree to submit within five working days from the date of my return a travel expense report itemizing authorized expenditures and agree to refund to the City of Columbia Heights that portion of the advance not expended. Date Signature of Recipient 071492 USE OF FORCE/ FIREARMS INSTRUCTOR COURSE This comprehensive and innovative course is designed to educate the proficient law enforcement officer in the skills necessary to develop, implement and conduct firearms and use of force training to police offi- cers. I lpon successful completion of Iht,; two-week program, the student will be certified as a firearms and use of force instructor. In addition to the emphasis on instructional train- ing techniques, this program incor- porates practical training exercises designed to stimulate and motivate officers to better prepare for the dynamics of armed and unarmed confrontation. Successful applicants will be able to: · Provide instruction to law enforce- meat officers in the use of force theory, legal aspecls anti the confrontational force continuum. · ('OIldllCl training lo law enfi~rce- meat officers fulfilling statutory anti P.O.S.T. Board requirements and department policies. · Provide instruction to law enforce- ment officers in techniques of unarmed and armed confrontation, including verbal commands, unarmed tactics, cot]ntermeasures, pressure point techniques, chem- ical munitions, intermediate weapons and use of deadly force. · Receive certification as a firearms and use of force instructor Who shOuld attend: l.icensed law enforcement offi- cer.~ who have a working kn(~wle(lge of firearms and use of force issues, who are interested in training nlher officers in lhese topics, and who are in excellent physical health. Enrollment l,imit: 24 Registration Fee: $400 90 CE Credits July 25 - August $, 1994 .............. Metro Housing & Redevelopment Authority of Columbia Heights 590 N.E. 40th Avenue, Columbia Heights, MN 55421 Fax: (612) 782-2857- (612) 782-2854 TO: Patrick Hentges, City Manager, City of Columbia Heights '~. FROM: Don Schneider, HRA Executive Director _~__ ~ ~ DATE: February 25, 1994 SUBJECT: Use of CDBG Funds for Acquisition and Relocation in the Sheffield Neighborhood As per your request yesterday, I have checked on restrictions in regard to use of Community Development Block Grant(CDBG) funds for housing acquisition/ relocation/clearance. 1. In regard to need to meet low to moderate income benefit, we do not have to meet this requirement with our "Acquisition and Clearance of Deteriorated Properties" CDBG project. We will be acquiring blighting influence properties which will meet the project and Federal objectives of "Activities to address slums or blight on a spot basis". 2. As far as "strings" attached to use of the CDBG funds, there are some. Attached is an information sheet from Anoka County reflecting some of the issues to be addressed when acquiring property with CDBG program funds. Included are the requirements to provide a relocation plan and assistance "to each low to moderate income household displaced by the demolition of housing or by the conversion of a LMI dwelling to another use as a direct result of the assisted activities." In addition, in most cases, we must provide for one for one replacement of units demolished(within a three year period after demolition). In the Sheffield Neighborhood, this would include the provision of 4 replacement dwelling units which could be provided through the sale and development(with 4 single family houses) of 4 of the City/HRA owned lots on 38th Ave NE. Other acquisitions/relocation with non- CDBG funds would not require one for one replacement. Prior to acquisition of properties with the 1994 CDBG funds, we must complete our environmental review for the project and secure Minnesota Historical Society clearance on acquisition and clearance of any structures over 50 years old. 3. On clearance of single and duplex housing structures, the Davis-Bacon requirements do not apply. 4. I have asked JoAnn Wright, Anoka Co. CDBG Administrator, for any other concerns and will let you know if she has anything to add to this list. Please call or see me if you have any questions in regard to the above. Encl cc: HRA Comm JoAnn Wright, Anoka Co. Equal Opportunity Employer Equal Housing Opportunity Agency REGULATIONS, RULES, POLICIES Monitoring All local governmental units and nonprofit organizations that are recipients of CDBG funds must be monitored for compliance with HUD regulations and recordkeeping requirements through on-site inspection and interview at least once every two years. Anoka County may, within its discretion, monitor the activities of subrecipients more often if it is deemed necessary. The Anoka County CDBG Program is monitored annually by HUD. Monitoring of subrecipients includes verifying compliance with project objectives and checking for minimum basic records that show separate accounting of receipt and disbursement of CDBG funds, along with supporting documentation. See the Accounting and Recordkeeping Section and other Sections of this Guide for further information. URA and Section 104(d) All acquisition and relocation activities are subject to the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 1970 (42 USC 4601 et seq.), as amended, and/or Minnesota Statutes Section 117.52. In addition, all CDBG-financed projects which include clearance or change-of-use of housing must be reviewed for compliance with Section 104(d) (often called "Barney Frank" for its Senate author). The Urban Anoka County CDBG Program has an Antidisplacement and Relocation Assistance Policy, as well. The County's CDBG Program will be implemented in such a manner as to minimize the direct and indirect displacement of tenants and owners from thek- residences and/or places of business. CDBG-assisted activities must be structured to avoid displacement to the greatest extent possible. Anoka County requires that relocation assistance will be provided in accordance with County Po]/cy, the URA, and related regulations found in 49 CFR part 24 (including Section 104(d) requirements), regardless of the actual funding source for the relocation assistance, to each low/moderate income household displaced by the demolition of housing or by the conversion of a low~moderate income dwelling to another use as a direct result of assisted activities. The local agency will submit a plan detailing how relocation assistance will be provided. Anoka County requires the replacement of all occupied and vacant occupiable low/moderate-income dwelling units demolished or converted to another use as. a direct result of activities assisted with funds provided under the CDBG Program. Replacement units will be located in the same jurisdiction in which the units were displaced. It may be permissible to locate the replacement units in a neighboring community provided a mutual agreement is reached and Anoka County approves the location. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, subrecipients will make public and submit in writing to Anoka County any required information; the County will forward the information to the HUD Field Office. Construction All construction activities assisted with CDBG funds must con:ply with all applicable Federal, State, and local laws and policies regarding labor standards and contract wage requirements, Section 3, equal opportunity, contractor eligibility, procurement, housing quality standards, energy efficiency, and any other such requirements. The Anoka County Community Development Manager maintains a detailed construction package which includes all pertinent information. A pre-construction conference between the Community Development Manager, the property owner, and the contractor is required prior to commencement of construction. All legal and contractual requirements are reviewed during this · conference. Environmental Review All CDBG activities except administration and planning are subject to environmental review requirements. The process will result in one of three determinations: (1) Categorically excluded: The project is one considered by the applicable Federal authorities to be "categorically exempt" and does not negatively impact any areas covered in the initial process of review. No further review is necessary. (2) Requiring review: All activities not included in the first category. Use the procedure described in the regulations and the forms attached to complete the process of review. (3) Environmental Impact Statement Required: If the process required in Step 2 above identifies a major impact on the human environment or site contamination requiring clean-up, an environmental impact statement must be completed. If, at the end of the review process roquired in Step 2 above, County or City staff have determined that the project will not significantly affect the human environment, a combined "Notice of Finding of No Significant Impact" an] "Notice of Re~;uest for Release of Funds" must be published. After publication, copies of affidavits and a "Request for Release of Funds" and Certification ar,.- sent to HUD. Clearance from the Minnesota Historical Society is Usually part of this process. BARNEY FRANK AMENDMENT - REPLACEMENT OF LOW INCOME HOUSING DATA ON PROPERTY TO BE CONVERTED OR CLEARED Property address: Date of clearance/change of use: Unit composition (please indicate the total number of units by number of bedrooms and list rents): No. Bedrooms Rent With Utilities Efficiency 1 Bedroom 2 Bedrooms 3 Bedrooms 4 Bedrooms 5 Bedrooms 6 Bedrooms If the above property is occupied or has been vacant less than one year, please attach list of comparable rents. If the above property is substandard and has been vacant for at least one year, please attach building inspector's statement regarding feasibility of rehabilitation. If. your project requires replacement of housing, indicate below how that will be accomplished. MUST BE SUBMI'I-I'ED WITH PROJECT APPLICATION. CDBG-47 11 I16/93 Are you clearing housing? Occupied Within Last 12 Months? ,~ES Rent _< FMR? .~ES Standard Conditions or RepairabLe? No Replacement NO No Replacement ,-q;TO P Required Barney Frank Plan Written & Published Barney Frank Replacement Housing As soon as you decide upon a project which is likely to include clearance or conversion of housing units, contact the County. As soon as you identify a property to be converted or cleared, refer to the attached flowchart to determine if Barney Frank Replacement Housing requirements apply to your activity. If you decide that replacement housing is not required, prepare a memo to the file indicating how you arrived at that decision. PREPARE A PLAN TO SUBMIT TO ANOKA COUNTY BEFORE OBLIGATING FUNDS FOR THE PROJECT (see the attached sample plan). Keep documents identifying the property address, occupancy, current or estimated rents (after rehab for substandard but repairable properties) and number of bedrooms. Keep records on the replacement housing that indicate address, rents, number of bedrooms, evidence of Section 8 Quality standards and an explanation of why you expect this housing to remain affordable for ten years. If you are clearing housing that is substandard and vacant for at least one year, have your building inspector deliver a written opinion as to condition and the determination that the property is not repairable. CITY OF COLUMBIA HEIGHTS COMMUNITY DEVELOP~NT BLOCK GP~NT PROGRAM 1994 APPLICATION I. PROJECT N~ME= Acquisition and Clearance of Deteriorated Properties PAGE 1 II. PROJECT ACTIVITY: This activity involves the acquisition and clearance of deteriorated proper=les. To be considered, a proper~y must be uninhabitable due to building conditions which are detrimental =o the heal=h, safety and welfare of its occupants. In addition, a proper~y must be 1) either vacant or have a willing seller, and 2) be difficult to condemn under the hazardous building sec=ion of the Uniform Building Code of the State of Minnesota. Acquisition would comply with the Uniform Relocation Assistance and Real Proper~y Acquisition Policies Act of 1970, as amended, and by the H~A's Real Property Acquisition Policy. proper=les will be identified by HRA Staff in cooperation with the City's Building Department. Owners will be contac=ed by HRA staff and inspections will be conducted. An evaluation will be made of =he property's physical condition, feasibility of rehabilitation and potential marketability. The City of Columbia Heights will be responsible for making a final determination of the properties to be acquired under this program. During the first 12 months, use of funds will be restricted =o the Sheffield Neighborhood (as defined below in paragraph # VIII). This activity will be carried out by =he Housing and Redevelopment Authority of Columbia Heights in coordination with =he City under a program known as the -Neighborhood Revitalization Program". If the Fiscal Year 1994 funds are no= all used in =he Sheffield Neighborhood during the firs= 12 months, remaining funds will be used on acquiring proper~y on a City-wide, spot acquisition basis. III. PROJECT DURATION: This activity is par= of a continuing effort by =he HRA and City to acquire substandard and deteriorated proper=les which are considered blighting influences in otherwise stable neighborhoods. IV. PREVIOUS FUNDING= A grand total of 9246,920 in CDBG funds have been used for this program since 1988. Six proper=ies have been acquired, and one vacant lot redeveloped into a single-family home and one ocher lot is in =he process of being developed with a new house and garage by Habitat for Humanity. 1988 ..................................... $ 91,585 1989 ..................................... $ 34,000 1990 ..................................... $ 43,000 1991 ..................................... $ 0 1992 ..................................... $ 98,495 1993 ..................................... $ 34,300 $301,380 SECTION 2 CITY OF COLUMBIA HEIGHTS/CDBG PAGE 2 COMMUNITY PROBLEMS ADDRESSED: This activity will help the City address the problem of vacant, substandard housing which represents not only a blighting influence on surrounding properties, but also a hazard to the general public. According to the 1990 Census, the City had 209 vacant housing units (7,950 total units). The City and HRA Staff have conducted several "windshield" surveys of the City and found more than 70 properties which are substandard. The City has found that the Sheffield Neighborhood (as defined in S VIIi) is in need of a concentrated housing rejuvenation effort. From july 1, 1994 through June 30, 1995, funds from this Fiscal Year 1994 project will be used exclusively in the Sheffield Neighborhood. Please see enclosed Sheffield Neighborhood Revitalization Plan. This activity is considered eligible under CDBG regulations found at 24 CFR Par~ 570.201 (a a d) "Acquisition and Clearance Activities" and meets CDBG National Objectives found at 24 CFR Part 570.208 (b) (2) "Activities to address slums or blight on a spot basis." VI. FUNDING SUMMARY: Total projected funding for Fiscal Year 1994 .................. $139,000 The funds will be expended as follows: Project Expenses ...................... $132,000 (Acquisition, Demolition and Clearance) City/HRA Administration ................. $7,000 (Time spent by City and HRA Staff identifying properties to be acquired, negotiating purchase, coordinating demolition and clearance and marketing properties for redevelopment. VII. COST DETAIL: See Above. VIII. PROJECT AREA: The overall project is contiguous with the boundaries of the City of Columbia Heights and will be carried out on a spot basis except during the first 12 months when efforts will be concentrated in the Sheffield Neighborhood. As mentioned in Section V., the City of Columbia Heights has 7,950 housing units; of this number, 5,400 were owner- occupied, 2,301 were renter occupied and 209 were vacant. In terms of structure type, the breakdown is as follows: Single-Family ................................... 5,609 Multi-Family .................................... 2,280 Mobile/Trailerhome .................................. 5 Other .............................................. 56 SECTION 2 CITY OF COLUMBIA HEIGHTS/CDBG PAGE 3 The priority project area, the Sheffield Neighborhood is defined as the area within the following boundaries= -South Boundary= 45th Avenue between Easterly edge of Keyes Park and Central Avenue. -East Boundary= Johnson Street (rear proper~y lines of Easterly properties) and Easterly edge of Keyes Park. -West Boundary: Central Avenue between 45th and 47th Avenues. -North Boundary: 47th Avenue between Johnson Street (rear property lines of Easterly properties and Central Avenue). The above defined area is hereinafter referred to as the "Sheffield Neighborhood". The Sheffield Neighborhood includes a concentration of low income families in blighted type duplex and multiple unit housing. There are 518 dwelling units in the Sheffield Neighborhood and of those, there are 119 single family units, 184 are 9art of duplex units (92 actual duplexes), 56 are part of four-plexes (14 actual four-plexes), and 159 are part of multiple unit apartment buildings (1 six-plex, 4 seven-91exes, 2 eight- plexes, 3 eleven-plexes, 1 sixteen-plex and 3 twenty-plexes). There are also 6 commercial properties in the Sheffield Neighborhood. Over 45% of the residential properties are rental in nature. The goal of the Sheffield Neighborhood Revitalization Plan is to "Restore the balance of Housing (rental versus owner occupied) of the Sheffield Neighborhood to a level more typically found in lower density residential districts throughout the City". Included in this goal/plan is redevelopment/reutilization of residential properties in the area of moderate income housing and redevelopment of the commercial area so as to establish clear delineations or buffers between Central Avenue commercial development and the housing units along Tyler Street. IX. XI. LARGER EFFORT: This activity is part of a larger effort by the City and HRA of Columbia Heights to eliminate substandard housing within the City and improve neighborhoods. Other activities include housing rehabilitation and homeownership assistance (i.e. first-time homebuyers program). See Single-Family/Duplex-Housing Rehabilitation section for additional information. CONTACT PERSON: This activity will be carried out by the Housing and Redevelopment Authority of Columbia Heights. Questions concerning the program should be directed to Don Schneider at 782-2854 or 782-2855. REIMBURSE}tENT AUTHORIZATION: The following persons are authorized to sign payment vouchers: - Donald R. Schneider, Executive Director - Angela Schlender, Housing Coordinator SECTION 2 CITY OF COLUMBIA H~-IGHTS/CDBG XII. DEMOLITION OF AFFORDABLE HOUSING: PAGE 4 In an effort to minimize displacement and the des=ruction of affordable housing, the City, to the extent possible, will limit its lis= of proper~cies to those which have been vacant for a= leas= one year prior =o acquisition. The purpose of =his activity is to eliminate blighting conditions and encourage new development. The housing to be constructed will, in mos= circumstances, be market-rate. Therefore, sites to be identified will be exempt from the one-for-one replacement requirement. CDBGAPP SECTION' 2 CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER FEBRUARY 25, 1994 CITY MANAGER'S REPORT - FEBRUARY 28, 1994, CITY COUNCIL MEETING 1) SOLID WASTE REPORT See attached Solid Waste Report for January, 1994. 2) 1993 ANNUAL REPORT The 1993 Annual Report has been distributed to the City Council. If you wish for the City Manager to highlight any items at the City Council meeting, I would be willing to do so or after you have had time to review the report; I can provide further comments or answers to your questions at the March 14th Council Meeting. Alternatively, I can schedule a briefing at a future work session. 3) CITY LEGAL SERVICES PROPOSAL Legal services proposals are due by March 3, 1994. After I've reviewed the proposals, I will schedule a work session to discuss both the possibility of in-house services and the possible award of a contract to one or more firms. I have preliminarily discussed the transition and/or extension of services with Greg Woods past March 31, 1994. I am meeting with Mr. Woods on Tuesday to discuss the specifics of any transition arrangements or agreements. I will report back to the City Council as soon as more details become available. 4) OFF SALE LIOUOR OPERATIONS Attached please find a table comparing 1992 gross profit with 1993 gross profit within the liquor funds. Please note that this report will be consistent with the financial statement that the auditors are in the process of assembling and includes all adjustments for payroll accruals, Honeywell contract, and late accounts payable items thus bringing down the operating income from $220,844 reported on the December report to the $189,909 identified on this report. In the case of a proprietary fund, it is typical to have a change in operating income as a result of adjustments of the nature identified above. 5) ACCAP/THEATRE HEIGHTS PROJECT I previously forwarded information that Councilmember Nawrocki received from the City of Anoka regarding a similar request by ACCAP to have property designated as a Leasehold Cooperative designation for 3932 Central Avenue. Enclosed please find information submitted by ACCAP on the financial projections and implication of the leasehold cooperative designation. I am in the process of reviewing the information with the City Attorney to determine if it meets the tests as outlined by state law. Mr. Woods did indicate that ACCAP is entitled to a public hearing and the City is required to render a decision as to whether or not ACCAP has met the factual findings as outlined in state law. I am suggesting that we meet once more with ACCAP in work session to discuss this project, and that that meeting occur some time before March 28th, which would be the first date for the scheduled public hearing. 6) ENVELOPE SPECIALTIES Mr. Miske of Envelope Specialties has requested that he be allowed to occupy his building located at 455 37th Avenue N.E. As you are aware, construction delays on the project will prevent him from completing the building before the March 1st, 1994, deadline as outlined in the redevelopment agreements with the HRA. Mr. Miske has asked that temporary use of the building be allowed while he completes some of the interior and exterior work. The building code does allow a temporary occupancy permit. The permit can be issued with conditions outlining utilization of the building and with a specific deadline or expiration date. I have asked that the Building Official and fire inspectors review the building to determine any hazardous conditions or safety issues with partial occupancy. For example, exiting, fire protection, ventilation will be reviewed so that it doesn't pose any hazard to individuals. On the other hand, items such as office finishes, completion of all the restroom facilities, etc. could be waived temporarily with conditions. I will keep the Council informed on the status of this issue. 7) LELAND STAUCH CONVICTION Attached please find further information regarding Leland Stauch's appeal of his housing convictions to the Court of Appeals. As you are aware, Mr. Stauch was convicted on each of the misdemeanor counts of operating his rental units without a license. HONEYWELL CONTRACT I have met with officials of Honeywell regarding the progress and performance of the Honeywell contract to date. They have provided some interim financial reports showing energy savings through November, 1993 of $15,119. Additionally, we discussed the performance of their contract as it relates to responding to problems at various buildings. In July, 1994, we will be reviewing what amounts to a full year operational experience on the Honeywell contract. At that time, I will have Honeywell present a report at a regular work session of the City Council. This will also aid the City in our 1995 budgeting, in that the 1994 budget did not to any large extent reflect energy savings as a result of the contract. 9) POLICE STAFFING The Council inquired as to the timing of discussions on police staffing increases or changes. Originally, this item was scheduled for discussion on Saturday, February 26. Mayor Sturdevant has requested that some further internal department discussions occur prior to bringing this item to the City Council. Again, I expect this item to be fully discussed at a March work session. 10) CITY OPEN HOUSE I have tentatively scheduled a city-wide Open House in conjunction with the spring activities for May 17, ~994. Please check your calendars so that you can schedule your attendance at the event. The Open House will be very similar to the Public Works event, except that it will include all city departments. We will also make available tours of other city buildings, such as City Hall/Fire, Police operations to school groups. Hopefully, the Mayor or other council members could be available during those days to assist with the tours. Carol Frey attended Richfield's Housing Fair this year, and is very excited about the possibility in future years to develop a local housing and remodeling fair for Columbia Heights. Richfield's Housing Fair includes a tremendous involvement from the local private sector, including contractors, home suppliers, financial institutions, real estate agencies, etc. This coming budget year, the City Council may want to establish a contingency account to implement such an effort in Columbia Heights. 94/19 ~ ur, 'r z IJ.I W IJ.I t-- 0 0 0 U2 ~' II W rT' n II Ii ~'UJ II II II ,, ~ II II II ~ II II II II II II II II ,, ~ II ~,,,, ~g~ ~ ~ H g ~ II " II z z 0 0 {/3 0 o u3 0 o I-- 0 c X = _ 3= ii ~IT~ OF COLUMBIA I-IF~IGH'I~ T~. FROM: DAT~ PATRICK HENTGES, CITY M~tNAGER VALORIE GIFFORD, SPF. CIAL PROJECTS FEBRUARY16, 1994 SUBJECT: SOLID WASTE REPORT - JANUARY1994 COORDINATOR 1) Tonnage~ for January 1994 (parentheses indicate figures for 1993) Curbside Multi-Unit and Recycling Center Tonnage 110.48 Curbside ................................... Multi-Units ..................................... 6.58 Other commingled accounts (LaBelles) ................ 1.58 Recycling Center: Scrap Iron ....................................... 0 Corrugated ..................................... 1.93 Other ..................................... 5.08 Yard Waste Curbside (Christmas Trees) ....................... 14.21 Other Materials Abated Appliances ................................. 55 units Oil ...................................... 1.2 City Hall Commingled Recyclables ...................... 90 Tires ....................................... 0 Mixed Municipal Solid Waste Collected Curbside ................................... 382.03 Multi-Unit ................................... 105.75 Municipal Service Garage .......................... 10.53 Participation Rate Recycling Program Per above Statistics ............... 54.7% tons tons tons tons tons tons tons 3.71 tons tons tons tons tons tons tons (9x78) (8.37) (3.08) (o) (1.11) (3.96) (7.2) (1.68) (38~d'~ (118~ (8.50) Solid Waste Report Page 2 Solid Waste Abatement Advisory Task Force Several industry representatives from thc metal, paper, and plastics recovery industries reviewed the current state of recycling markets. Also present was Tim Nolan from the Office of Waste Management who is with the Coordinated Market Development Unit. He suggested that Minnesota has a promising outlook in markets for recyclables. Companies are interested in the large quantity of recyclable materials available here and are expanding here in order to take advantage of these. Tim emphasized that maintaining our quality of materials (i.e., uncontaminated loads, well sorted) is very important. He presented several examples of businesses which have settled in Minnesota taking advantage of the variety of materials available. These range from de-inking paper plants to molded pulp products, composite plastic, bio-mass, foam fabricators, and so on. F~g Dates for Household Hazardous Waste Collcction The late summer Household Hazardous Waste Collection will be in East Bethel on August 2?th. Once again, the County will notify all residents within the County of the dates for Hazardous Waste Collections at one time, rather than trying to focus advertisements in specific parts of the County. Connty Video on Fee Changes The County is preparing a video tape that could be used on local access channels describing the garbage fees and the tipping fee changes. We are looking forward to getting that as soon as possible and putting it on the government channel. Collection of Re-charge~blc Batteries According to the Pollution Control Agency, a statewide collection program for cordless electrical appliances and rechargeable batteries was to go into effect by April 1994. According to our information through the Solid Waste Task Force, this will not be in force this April. We are publishing information on rechargeable battery disposal in the Spring City Newsletter. There is a rechargeable battery hofline which we are directing people to use, otherwise we are asking them to store the batteries until the collection system is in place. Score Reimbursement Columbia Heights received a reimbursement on recycling expenses from Anoka County of $20,272 for thc last six months of 1993. The 1993 total reimbursement was $32,478.40. We also received an $8,422.92 supplemental solid waste abatement grant check. (The bonuses are based on the cumulative monies available after all six month reimbursements are paid). VG/sh cou.. 1201 89th Avenue NE Suite 345 Blaine, MN 55434 · Phone 783-4747 FAX 783-4700 ']-]'Y 783-472~ February 17, 1994 Patrick Hentges City of Columbia Heights 590 40th Ave Columbia Heights, Mn 55421-3978 FEB 199 re: 3932 Central Ave (Theater Heights) Dear Mr. Hentges Enclosed are financial projections that reflect the alternatives I presented to the Council. I used your real estate tax figures which I agree with even though your tax figures reflect less of savings than I roughly estimated. The savings generated from the leasehold cooperative after paying the City $442.82 in lost revenue permits ACCAP to reduce rents on average by $10 per unit and increase the scope of the renovation $30,000. Or as certain members of the Council seemed to want the renovation could be increased $50,000 if no further rent reduction is passed on. If the Council makes a positive factual finding we would agree to fund a $174,000 to $194,000 (depending on the rent level alternative used) renovation verses the $150,000 we had otherwise planned. A lot can be done with $30,000. Especially when all the basics will be taken care of with the funds already committed. There is never enough money in a construction project. Additionally ACCAP would agree to sell the building to the cooperative at our cost plus any additional capital invested to fund negative cash flow or additional improvements less any cash withdrawn. In other words, no escalator for inflation or appreciation. This language will be put in the Master Lease as the Cooperative's buyout price. We agree that language should be added to the Master Lease requiring new residents to be seniors or disabled. As I discussed at the meeting this project goes through regardless of the Council's willingness to contribute by making a positive factual finding that the tax savings will be used to reduce rents or provide for additional renovation. Please give me call if you think of anything else I can provide. / J~f~f~ s on _ . ~-4~ou~i4~ Development Specialist AN EQUAL OPPORTUNITY EMPLOYER ooooo o o o o oooo .......... ~ ...... ~ 0 oo § § §§ oo o oooo oooo o oo oooooo~ 0 o o o ~, ~o ooooooo ooooo o~: oooo w w ooooo oooo ~o = n m o momoo ~ ~ ooo~ o 0 · 0 .. 0 ~ i3' o~o~ o~ o~o~ ~g o~o~ o~oo o o o~oo gggg g g go° g o~ o ~ MM 0 0 oo o~ oo oo ooo o o o o o o oo ENVELOPE SPECIALTIES INC. February 25, 1994 City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421-3878 TO: Honorable Mayor and City Council Members RE: Request a Waiver to allow temporary use of facilities at 455 37th Avenue N.E. Due to unforeseen circumstances the completion of the building has been delayed. However, the business had to relocate into the building because the second temporary lease was lost. We have had a tremendous loss of revenue because of our inability to complete the building totally and have all machines in operation. I am requesting that we be allowed to operate to meet production needs and ultimately stay in business. We feel the inside of the building can be completed by April 1, 1994. Sincerely, ENVELOPE SPECIALTIES INC. Mary Jo Miske President TO: FROM: DATE: SUBJECT: MEMORANDUM Pat Hentges City Administrator City of Columbia Heights Kevin Giebel ~~ Assistant City cutor City of Columbia Heights 02-22-94 State of Minnesota vs. Leland Stauch, et al. Court File No.: C8-94-189 For your information, I am enclosing a copy of an Order we recently received in the above-entitled matter. If you have any questions regarding the status of this case, please contact me at 572-3463. KEG:sem Enclosure cc: Gregg Woods STATE OF MINNESOTA IN COURT OF APPEALS State of Minnesota, Respondent, Leland Stauch, et al., Appellants. OFFICE c,~_ APPaLl ~T= ~ -' '--'.- C FF_B i7 :- · FILE£:: ORDER C8-94-189 BASED UPON THE. FILE, RECORD AND BECAUSE: 1. This criminal appeal was filed January 27, 1994. 2. Appellants failed to file the $250.00 filing fee. PROCEEDINGS, AND Appellants also failed to file a statement of the case. See Minn. App. Spec. R. Pract. 9 (in all appeals taken under Minn. R. Crim. P. 28, a statement of the case shall be filed as prescribed by Minn. R. Civ. App. P. 133.03). 3. By notice of case filing da,~ed January 27, 1994, the Clerk of the Appellate Courts, pursuant.to this court's direction, noted the above deficiencies and directed they be remedied within 10 days. 4. Appellants have not complied with this directive. IT IS HEREBY ORDERED: 1. On or before February 28, 1994, appellants shall f'de: (a) The $250.00 filing fee, and the appeal. AW/dr Dated: Co) A statement of the case, with proof of service. Failure to comply may result in the imposition of sanctions, including dismissal of February 16, 1994 -2- CITY OF COLUMBIA HEIGHTS TO: FROM: DATE: RE: MAYOR AND CITY COUNCIL PAT HENTGES, CITY MANAGER FEBRUARY 28, 1994 SHEFFIELD REDEVELOPMENT AND HOUSING DEVELOPMENT PLAN Since the distribution of the agenda, individual City Council members have discussed the possibility of including the townhome development and rehabilitation alternatives within the report. The attached alternatives have been revised and are attached for your review. In the event you are inclined to amend the plan, I suggest that the language within the last paragraph of page 8 be also revised to clearly outline City Council's intent or interest in promoting single family new construction on the target block as a primary or priority alternative. Generally speaking, including both alternatives and a statement as to the Council's priorities should not have much of an impact on the developer--request for proposal process. In the event it is determined that single family development is not feasible or single family project does not materialize, then the City can pursue other projects without pursuing a formal amendment to the redevelopment and housing development plan. In summary, the inclusion of the two alternatives could in fact be an advantage further down the line. However, I suggest that the last paragraph on page 8 be also amended to read as follows: "It should be noted by the readers of this plan, that the City's highest priority for the target block is the promotion of a redevelopment alternative that is of a single family -- new construction design as opposed to a multi-family development, rehabilitation of existing buildings, or continued rental operation of the buildings. The City feels that the balance of the neighborhood or off-block areas could incorporate the latter alternatives. If City development incentives are used on the off-block areas, conditions of approval should assure substantial rehabilitation of the buildings and/or partial homestead requirements.M HEDEFELOPW~T COST ALTErnATIVE TON~o~ DEVELOP~T ACTIVITY ACQUISITION PROJECT SCOPE= All twenty duplex buildings on the 4600(s) block between Pierce Street and Fillmore Street would be acquired and cleared for up to a 40 unit townhome development. The land would be offered to a private development firm. The developer would be responsible for constructing, financing, and marketing the townhomes. DEVELOPMENT ASSUMPTIONS= The eight privately-owned duplex buildings on the 4600 block of Pierce/Fillmore Street would be acquired either voluntarily or through condemnation. The city would provide a one block area site and transfer the land to a private development company for $1. The developer would construct forty new townhomes at a sale price of between $75,000 and $85,000. The City would provide an additional subsidy to the project for public improvements in the amount of $72,000. and down payment assistance in the amount up to $46,000. Targeted purchasers would be first time home buyers and/or possible retirees from Col-mhia Heights community. The home buyers would be required to abide by a set of restricted covenants and homestead agreement. The developer's fees would be capped, the firm would be responsible for placement of construction financing, mortgage financing, and a guaranteed level of workmanship would be specified. PUBLIC COSTS= Land/building acquisition Relocation Public improvement Down payment subsidy $1,120,000. 35,000. 72,000. 46,000. TOTAL COSTS= $1,273,000. FINANCING SOURCES= The financing sources for the above public costs are as follows: 1. Municipal revenue bends (BRA $71,000 levy) $750,000. 2. 1994 CDBG allocation (acquisition funds) 139,000. 3. Liquor Fund Reserves* 350,000. 4. 1992/3 CDBG Allocation Residual * 34,000. NOTE: *This amount could be reduced if a grant from MHFA Community Rehabilitation Program is applied for and approved in the future· **City/B~A could apply for Federal Home Loan Bank grant to offset portion of the costs $20,000-$30,000) for down payment assistance. S~IIUC~ig S COST AT.TER~ATI~E: REHABILITATION OF DUPLEX S INGT.P. FAMILY HOMES PROJECT SCOPE= The city would acquire and rehabilitate twenty duplex buildings and convert them to single family homes for sale to the first-time home buyers or iow to moderate income families. The focus of the acquisition and relocation would bethe twenty buildings located on the 4600(s) block between Pierce and Fillmore Street. However, the city would undertake the rehabilitation of three buildings located off the site of that block first as demonstration/sale models. The City would contract with a private construction management firm and sale/marketing organization to coordinate the project. DEVELOPMENT ASSUMPTIONS= 1. Twenty of the thirty-three buildings acquired and rehabilitat- ed are located on the 4600(s) block between Pierce Street and Fillmore Street. 2. The City would acquire the remaining buildings on the 4600(s) block between Pierce Street and Fillmore Street. 3. The homes after rehabilitation are proposed to sell for approximately $77,000. 4. Interior restoration would include new furnaces/water heaters, other appliances, floor coverings, new bathrooms, new kitchen cupboards, painting, plaster repair, and millwork. 5. Exterior improvements would include a double car garage, painting, landscaping, and the installation of architectural features including porches, new entryways, etc. 6. The city would enter into a construction management, marketing and consulting agreement with a private firm to coordinate the project. 7. The city would be responsible for financing the acquisition, rehabilitation, and related soft costs of the project. 8. The three buildings located off of the target block would be rehabilitated for model or demonstration sale purposes. 9. Commitment to rehabilitate the remaining twenty buildings would be undertaken on a pre-sold basis with commitments by pre-qualified buyers. 10. Local banks would becalledupon to provide preferred mortgage terms based upon their community reinvestment obligation and the availability of down payment assistance on the part of the city. 11. The city would undertake public improvements in the area, including alley upgrades, including podestrianlighting, joint trash areas, boulevard sidewalks, or trees. P~BLIC COST= Land/Building Acquisition Relocation Public Improvements Rehabilitation Costs Legal/Financing/Consulting/Sales Down Payment Assistance Commissions $1,282,000. 35,000. 72,000. 920,000. 408,906. 350,535. Total Costs= $3,068,441. FINANCING SOURCES: The financing sources for the above public improvements are as follows= 1. Municipal revenue bonds (BRA $71,000 levy) 2. W~FA Community Rehabilitation Program Grant** 3. Private Mortgage Placement 4. 1994 CDBG allocation* 5. 1992/3 CDBG Residual $ 750,000. 350,000. 1,771,000. 163,441. 34,000. NOTE= *City/BRA could apply for Federal Home Loan. Bank grant to offset portion of the cost ($20,000-$30,000) for down payment assistance. **The City/HA could apply for a future grant from N~FA's Community Rehabilitation Program if another grant cycle is offered. The City was not funded during the last cycle for its Duplex Homestead Program. RESOLUTION 94- 12 RESOLUTION AMENDING RESOLUTION 94-04 AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD OWNED BY ANTHONY AND AGNES YURKEW WHEREAS, The City Council of the Columbia Heights at the January 10, 1994, City Council meeting approved the execution of a purchase agreement with Anthony and Agnes Yurkew for the purchase of property located at 4613-15 Fillmore Street and 4637-39 Fillmore Street; and, WHEREAS, The City of Columbia Heights has negotiated further terms and conditions for the purchase requiting amendment and re-execution of the original purchase agreement;, and WHEREAS, The City of Columbia Heights has offered to pay the Yurkews the $108,000 purchase price in three equal installments beginning with a $36,000 payment at time of closing and two subsequent payments in 1995 and 1996 respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THAT: 1. The City Council hereby approves the terms and conditions of the attached exhibit A-Purchase Agreement and authorizes the Mayor and the City Manager to execute it on behalf of the City. 2. The City Council hereby authorizes the City Manager to execute all requirements and conditions of the purchase as contemplated in the purchase agreement. The City Council approves' an interim source of funding for the payment of the terms of acquisition from the Fund-410, Capital Improvement Fund in the amount of $112,000, including real estate taxes and closing costs, with an inter-fund loan from the Retained Earnings of Fund 652, Sewer Construction Fund. The interim sources financing for the purchase will be repaid at such time permanent financing can be arranged by the City of Columbia Heights. Passed this 28th day Of February, 1994, Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary RESOLUTION 94- 12 RESOLUTION AMENDING RESOLUTION 94-04 AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD OWNED BY ANTHONY AND AGNES YURKEW WHEREAS, The City Council of the Columbia Heights at the January 10, 1994, City Council meeting approved the execution of a purchase agreement with Anthony and Agnes Yurkew for the purchase of property located at 4613-15 Fillmore Street and 4637-39 Fillmore Street; and, WHEREAS, The City of Columbia Heights has negotiated further terms and conditions for the purchase requiring amendment and re-execution of the original purchase agreement; and WHEREAS, The City of Columbia Heights has offered to pay the Yurkews the $108,000 purchase price in three equal installments beginning with a $36,000 payment at time of closing and two subsequent payments in 1995 and 1996 respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS THAT: 1. The City Council hereby approves the terms and conditions of the attached exhibit A-Purchase Agreement and authorizes the Mayor and the City Manager to execute it on behalf of the City. 2. The City Council hereby authorizes the City Manager to execute all requirements and conditions of the purchase as contemplated in the purchase agreement. The City Council approves' an interim source of funding for the payment of the terms of acquisition from the Fund-410, Capital Improvement Fund in the amount of $112,000, including real estate taxes and closing costs, with an inter- fund loan from the Retained Earnings of Fund 652, Sewer Construction Fund. The interim sources financing for the purchase will be repaid at such time permanent financing can be arranged by the City of Columbia Heights. Passed this 28th day Of February, 1994. Offered by: Ruettimann Seconded by: Peterson Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY OF COLUMBIA HEIGHTS MEETING OF: FebrB~ry 28, 1994 AGENDA SECTION: ORDINANCES & RESOLUTIONS ORIGINATING DEPARTMENT: CITY MGR NO: 6 CITY MANAGER'S APPROVAL ITEM: YURKEW PURCHASE AGREEMENT AMEND- BY: P. HENTGES B~.~ MENT DATE: 02/28/94 NO: At the January 10, 1994, meeting, the City Council approved a purchase agreement with Anthony and Agnes Yurkew for the purchase of property located at 4613-15 Fillmore Street and 4625-27 Fillmore Street. Since the authorization of the purchase agreement, I have further negotiated terms and conditions of the agreement allowing for the $108,000 purchase price be paid in three equal installments, one at the time of closing, 1995, and 1996 respectively. There will be no interest charged on the installments and, and the other terms and conditions will essentially be the same. The security basis for the financing will enable the City to demolish or sell the property at a later date. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt resolution 94-__, amending Resolution 94-04 that authorizes the purchase of properties located in the Sheffield neighborhood owned by Anthony and Agnes Yurkew. COUNCIL ACTION: RESOLUTION NO. 94-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING THE PURCHASE OF VARIOUS RESIDENTIAL PROPERTIES LOCATED IN THE SHEFFIELD NEIGHBORHOOD WHEREAS, the City Council of the City of Columbia Heights (the "City") and the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "Authority") have been working jointly to prepare a Redevelopment Plan for the Sheffield Neighborhood entitled "The Sheffield Neighborhood Revitalization Program (the "Redevelopment Plan"); and WHEREAS, the City and the Authority have found within the Sheffield Neighborhood there exists conditions of deterioration, substandard residential structures, residential units in need of compulsory repairs which are in violation of the City Housing Cone and City Ordinances and there exists a need for intervention by the public sector to prevent further deterioration of the area; and WHEREAS, the City has an option to acquire 2 such non-owner occupied duplexes located at 4637 - 4639 Fillmore Street and 4613 - 4615 Fillmore Street pursuant to that certain Purchase Agreement by and between the City of Columbia Heights and Anthony and Agnes Yurkew (the "Sellers") and the Purchase Agreement was signed by the Sellers on January 3, 1994, and is provided herewith; and WHEREAS, the City and the Authority are working jointly to finalize a budget and a source of permanent funds to acquire the real property to be conveyed by the Sellers to the City according to the terms of the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: 1. The City Counci] hereby approves the terms of the Purchase Agreement and authorizes the Mayor and the City Manager to sign it on behalf of the City. 2. The City Council hereby authorizes the City Manager to handle all the requirements and conditions in order for the City to complete the transaction contemplated in the Purchase Agreement. 3. The City Council approves an interim source of funding from the Capital Improvement Fund 410 in the amount of $112,000, with an interfund loan from the Retained Earnings Fund 652, Sewer Construction Fund, so the City may acquire the real property as provided in the Purchase Agreement. 4. The City Manager is authorized to work jointly with the Authority to identify a permanent source of project financing. 5. The Interim Sources will be repaid at such time when sources of permanent financing for the costs identified in the Redevelopment Plan have been received by the City. Resolution No. 94-04 page 2 Passed this 10th day of January, 1994 Offered by: Seconded by: Roll call: J~'Anne- St~a~nt ,~ounci i Ruettimann Peterson Nawrocki, Ruettimann, Peterson, Sturdevant - aye Jolly - abstain /~ayo~-~o~eph Sturdevant Secretary January 24, 1994 b~-" ' / %'tJ~ /I ~' .~' ;. 'c~ . ~ ~ Mr. William Elrite, Clerk-Treasurer c>I~ · ~ :\ %--~" ' City of ColUmbia Heights . I/l~'/ ~l~ ~ 590 40th Avenue NE ~' ~ . ~'~' ~j ~'~ Columbia Heights, ~ 55421-3878 %.Y~ /~" ~.' CITY HALL 315W. 4th ~ ¥ffDD (612) 388-6734 FAX 388-9608 . Admiuistra~J on * ClerkBh'easu~r ~r Eng/neer/ng * * PU~IAC 8ERVICE8 229 l~ler PaL No. (612) 388-679~ FAX 388-IY243 * Streets * Park~ POliCE STAI~0N FAX 385~ 185 ~ STA~ON 420 ~um St. ($12) 3~7141 PUBLIC ~ ~,5 East Ave. ¥,TDD 1612) 3884884 FAX 388-288.5 1873 Bench St. (6121388-1402 PORT AUTHORITY 217 ~lum St. (6125388-4781 FAX 388-4782 419 ~ush ($12} 388-7450 FAX 388-~592 3r~ ,St. & Faust Ave. (6121388-2892 Box Ot~ce 388-2806 ltOU~ING AUTIIORITY 428 W. 5th ~t. (612) 388-7571 FAX 38~Fo51 Dear Mr. Elrite: Enclosed you will find a letter from our Mayor and Council President to your Mayor. It relates to legislative approval of NSP's dry-cask storage of spent nuclear fuel at the Red Wing Prairie Island Nuclear Power Plant. Also enclosed is an informational packet and a sample resolution of support. We would request that you discuss it with the Mayor and Council and hopefully they will adopt it. Failure to act will mean a loss of a very efficient, low-cost power source. Our NSP bills will escalate. In addition, Red Wing receives no local government aid because of our power plant tax base. If we lose the power plant, Red Wing qualifies for substantial local government aid. This means there is less to distribute to other cities. By demonstrating strong support to our legislators, we can prevent this economic loss to our cities from occurring. Please call us if you have any questions. We can arrange for you to get additional information and/or have a City or NSP official attend a meeting. Thanks so much and we would appreciate hearing from you. Si~rely, ~ ,._/ , ~teve.n L. Perkins /Counci 1 Administrator Burton C. Will City Clerk-Treasurer pas Enclosures - 3 ~) RECYCLED PAPER An Equal Opportunity Employer Environmentally Fde~llier I_~cally Grown! January 24, 1994 rCITY HALL : 315 %%'. 4th St. V,TDD {612,388-6734 FAX 388-9606 * Administration .Ir ~le~k~re~surer * En~n~g * ~s~tions ~ P~ing t Da~t P~HC SER~CE~ ~ Tyler Re. t612, 3~87~ F~ ~02 * Struts ~ ~me~es t Wa~r Utilities ~ ~wer Utilizes * Ce~t~l ~CE ~A~ON ~W. 6~ St. F~X ~ ~A~ON 420 ~ PL~HC ~Y ~ ~t Ave. F~ ~ W~ BO~R 1873 ~nch St. '~RT AL~O~' 217 PIm St. F~ ~782 C~ D~SE 419 Ba~ St. 1612) F~ ~9592 ~I.~N 3~ St. & E~ Ave. ~x ~ 3~ ~OUS~G AmO~ 4~ W. 5fi St. 16~1 ~7571 F~51 The Honorable Mayor Joseph Sturdevant Mayor of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421-3878 Dear Mayor Sturdevant: As you have no doubt heard, Northern States Power Company is seeking approval from the State Legislature to temporarily store spent nuclear fuel on site in large, well-protected dry casks at the Red Wing Prairie Island Nuclear Power Plant. Since 1986, at least six other nuclear plants have stored this material in similar containers until the Federal Government's long-uerm storage facility is ready to receive high-level waste. In addition, all applicable State and Federal regulatory agencies have approved NSP's proposal. The City of Red Wing needs your help. We strongly support the legislature granting this approval. If it is not approved and the plant is forced to shut down, the loss of this efficient power source will drive all of our electric rates up. This is conservatively estimated at $1.8 billion from our city treasuries and our constituents in the form of higher electric bills. The power plant is a significant tax revenue for the City. If the plant is shut down, our tax base is lost. Red Wing would soon start collecting local government aid, taking money away from other cities. On behalf of the City, we feel our best alternative is for the legislature to approve this temporary storage. We all can "win" by avoiding higher electric rates and lost local government aid. The facility is in our "front yard" and the City of Red Wing, along with the vast majority of our citizens, favors this proposal and accepts the very minimal risk. Won't you join us? We need your help. Enclosed you will find an informational packet and a sample resolution. We would respectfully request your council's approval and forwarding a copy to your legislators and one returned to us. If you have any questions or.wish any additional information, please contact us or our City Administrator, Steve Perkins, at the above numbers or address. Thanks for your consideration and help. Sincerely, Romeo C. Cyr Mayor / --.-7/ Nancy Mi~kitt a Council President pa~ Enclosures - 2 [~RECYCLED PAPER An Equal Opportunity Employer RESOLUTION NO. Supporting Legislation to Allow for the Temporary Storage of Spent Fuel by Northern States Power at their Prairie Island Nuclear Power Plant WHEREAS, Northern State's Power Company's Prairie Island Power Plant has produced safe, iow-cost electricity for more than twenty years and consistently ranks as one of the lowest cost, safest, most productive and efficient nuclear plants in the country; and WHEREAS, the Nuclear Regulatory Commission has repeatedly recognized the Prairie Island Plant as one of the best run nuclear facilities in the country; and WHEREAS, if the Prairie Island Power Plant is forced to close, the loss of this safe and low-cost base load twelve-hundred mega watt electric generating plant would cost not only NSP customers more in higher rates, but remove an efficient power source from the Mid-Continent Area Power Pool (MAPP) and thereby adversely affect all upper midwest electric consumers; and WHEREAS, the Prairie Island Power Plant contributes substantial annual real estate tax payments, thereby reducing and in some cases eliminating traditional educational and local government aids, and the shut down of this plant with resulting lost tax base would cost the State and other cities and school districts millions of dollars in increased State-aid payments thereby affecting adversely the vast majority of Minnesota taxpayers; and WHEREAS, the Prairie Island Power Plant will reach maximum capacity of its temporary storage facility for spent fuel in 1994 and all necessary permits and approvals from State and Federal regulatory agencies have been obtained so as to allow for the temporary storage of older spent fuel in dry casks, a method safely utilized by at least six other nuclear power plants; and WHEREAS, the Prairie Island Power Plant is located within the City of Red Wing and the City and the vast majority of residents strongly favor approval of State legislation to permit this temporary spent fuel storage and further that the City has requested the support of other Cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of that it supports the City of Red Wing's efforts to seek approval in the legislature to allow on-site temporary storage of spent nuclear fuel from the Prairie Island Plant until the U.S. Department of Energy meets its obligations to complete a national high-level permanent waste repository. BE IT FURTHER RESOLVED that the (City Administrator/City Clerk) is hereby authorized and directed to forward a signed copy of this resolution to the Governor and State legislators representing the City in the State legislature and in like manner notify the City of Red Wing of the city's adoption of this resolution. Adopted by the City Council this day of , 1994. (Mayor) ATTEST: (City Clerk-Treasurer) [] mm []· [] [] [] · [] il m · [] [] [] (~ 0 o o t~ LO ~- 0 .. b'an shield ;~' shell ]11 TN-40 Spent Fuel Storage Cask Helght' 16.8 feet Diameter: 8.5 leer WelgMt: 122 tons ,* t f-.. 0 0 EE ;Z Z 0 0 0 E Z 0 I,.... 0 RESOLUTION NO. 94-13 SUPPORTING LEGISLATION TO ALLOW FOR THE TEMPORARY STORAGE OF SPENT FUEL BY NORTHERN STATES POWER AT THEIR PRAIRIE ISLAND NUCLEAR POWER PLANT WHEREAS, Northern State's Power Company's Prairie Island Power Plant has produced safe, low cost electricity for more than twenty years and consistently ranks as one of the lowest cost, safest, most productive and efficient nuclear plants in the country; and WHEREAS, the Nuclear Regulatory Commission has repeatedly recognized the Prairie Island Plant as one of the best run nuclear facilities in the country; and WHEREAS, if the Prairie Island Power Plant is forced to close, the loss of this safe and low cost base load twelve-hundred mega watt electric generating plant, would cost not only NSP customers more in higher rates, but remove an efficient power source from the Mid- Continent Area Power Pool (MAPP) and thereby adversely affect all upper midwest electric consumers~ and W}iERE~S, the Prairie island Power Plant contributes substantial annual real estate tax payments, thereby reducing and in some cases eliminating traditional educational and local government aids, and the shut down of this plant with resulting lost tax base would cost the State and other cities and school distr~cts mi]lions of dollars in increased State-Aid payments thereby affecting adversely the vast majority of Minnesota taxpayers; and WHEREAS, the Prairie Island Power Plant will reach maximum capacity of its temporary storage facility for spent fuel in 1994 and all necessary permits and approvals from State and federal regulatory agencies have been obtained so as to allow for the temporary storage of older spent fuel in dry casks, a method safely utilized by at least six other nuclear power plants; and WHEREAS, the Prairie Island Power Plant is located within the City of Red Wing and the City and the vast majority of residents strongly favor approval of State legislation to permit this temporary spent fuel storage and further that the City has requested the support of other cities. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that it supports the City of Red Wing's efforts to seek approval in the Legislature to allow on-site temporary storage of spent nuclear fuel from the Prairie Island Plant until the U.S. Department of Energy meets its obligations to complete a national high-level permanent waste repository. Resolution No. 94-13 page 2 BE IT FURTHER RESOLVED that the City Administrator is hereby authorized and directed to forward a signed copy of this resolution to the Governor and State legislators representing the City in the State Legislature and in like manner notify the City of Red Wing of the City's adoption of this resolution. Adopted by the City Council on the 28th day of February, 1994. Offered by: Seconded by: Roll call: Nawrocki Jolly All ayes Mayor Joseph Sturdevant ATTEST: (City Clerk-Treasurer) T0 CITY COUNCIL FEBRUARY 28, 1994 *Signed Nalver Form Accompanled Application APPROVED BY BUILDING INSPECTOR CONTRACTOR5 Lloyds Home Imp. 'LICENSED AT .. 1012 N.E. 42½ Avenue FEES $ 40.00 BRC FINANCIAL SYSI'EM 02/25/94 09:27:16 FUND RECAF': FUND DESCRIPTION 101 GENERAL 212 STATE AID MAINTENANCE 240 LIBRARY 265 CONFISCATED/FORFEITED PROP 401 CAPITAL IMPROVEMENTS 410 SHEFFIELD REDEVELOF'MENT 412 CAPITAL IMPROVEMENT PARKS 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 609 LIQUOR 701 CENTRAL GARAGE 710 ENERGY MANAGEMENT 720 DATA PROCESSING 885 ESCROW 887 FLEX BENEFIT TRUST ~FUND TOTAL AL[. 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INC F'H[]TO CA F;,'E PROFESS]]ONAL E:;ECRETARIES F<ADIO c.~J/,.p ~: I:;-:I!~.CYCL ][ NG ASSOC ][ AT 101'4 (]F- RE][')]]ONAL.. MLJTLJAL. AID ASSO I:~ I TZ C A h';li?.F(A R ('.) Si!i] DA L. lii] CHEV SE]A RS CO:'"~i':ii!]:;.'C I AL CRE]) I T SYS]"E]"iS SL.;F:'F:'LY II'4C, 'i"F~:UC'. K UT I L I T IrES MF:G CO I.]Ni[]'[ZD SUF:'F:'LY C:(]F;,'F" V A N '"' 0-' L i T E W & W GE]',Ii.=.]'R:A]'[)F,: RE]i'.LJII...!)E] WOJACK b;i!i]..J[)lhlG SUPF'LY 46056 46057 46058 46059 46060 46061 46062 46063 46064 46065 46066 46067 46©68 46069 46070 46071 4 6 0'7 2 46073 46()74 46075 46076 46077 46079 46080 46081 46082 46084 46085 CI'T'Y OF COL_UMBIA HEIGHTS GL. 540F:.-'V04.10 F'AGE 4 AME) LJNT 207.36 35.38 47.00 46.74 307.41 30.00 10.00 37.].7 542.40 116.2.8 161.. 00 ]. 5].. 2.2 85.05 35.72 43.98 34.08 40.68 134.20 3C-'. 50 29.90 4/_). 84 7.96 45.47 .1., '"" '?''' 98 408,468.38 ***