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HomeMy WebLinkAboutFebruary 9, 2009OFFICIAL PROCEEDINGS l;Il Y OF %OLUm~sI.A it~lGiilS CITY COUNCIL MEETING FEBRUARY 9, 2009 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 9, 2009 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN, CALL TO ORDER/ROLL CALL/INYOCATION Pastoral Intern Angelie Ryah-Dann, Church of All Nations gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked to be allowed to speak during Council Corner and finish his comments, which he was not allowed to do at the last meeting. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Nawrocki stated that he attended a meeting with Congressman Ellison and asked for funding help for the Public Safety Building. His staff was to respond, but has not done so at this point. Representative Laine will hold a community meeting at our library on February 14. CONSENT AGENDA Nawrocki requested to remove items D and E for discussion. City Manager Walt Fehst took Councilmembers through the Consent Agenda items: A. Approve minutes of the January 26, 2009 City Council. meeting. Motion to approve the minutes of the January 26, 2009 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the September 23, 2008 minutes of the Economic Development Authority meeting. Motion to accept the October 28, 2008 minutes of the Housing and Redevelopment Authority meeting. Motion to accept the December S, 2008 minutes of the Special Economic Development Authority meeting. Motion to accept the June 2, 2008 minutes of the Traffic Commission meeting. C. Establish the Local Board of Review meeting date for Monday, April 6, 2009. Fehst stated that the Mayor will attend a training session, so there will be two authorized members at the Board of Review meeting. Motion to establish the Local Board of Review meeting date for Monday, April 6, 2009, at 6:00 p.m. in the City Council Chambers. D. Adapt Resolution 2009-25, being a Resolution accepting the Feasibilit~Report for Zone 4 Alley Recanstruction and ordering the Public Improvement Hearing, City Project No. 0902 -removed City Council Minutes Monday. Fehn~ary 09, 2009 Page 2 of 12 E, Adopt Resolution 2009-23, Second Amendment to Amended and Restated Contract for Private Redevelopment- Huset Park -removed F. Approve Orders Declaring Property at 4039 5th Street a Hazardous Building Motion to approve orders declaring the property at 4039 5th Street a hazardous building. G. Approve reissue of license to operate a rental unit(s) within the City of Columbia Hei htg s for Perry Avenue Partnership, LLC located at 3923 Main Street N.E. Motion to issue arental-housing license to Perry Avenue Partnership, LLC to operate the rental property located at 3923 Main Street N.E. in that the provisions of the residential maintenance code have been complied with. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 9, 2009 as presented. I. Approve payment of the bills. Nawrocki stated there is a $500 payment to Bonestro, which is over the original contract amount for the Comprehensive Plan. The contract was amended by the Community Development Department, but should have been brought to the City Council for approval. We have not received the work to justify this amount. There are also payments for the National League of Cities Conference attended last November. There should have been a reading and authorization at the July 2008 meeting. The Mayor added the item under discussion and the City Manager mentioned it under the Consent Agenda. Nawrocki questioned how that applies to State requirements. Motion to approve the payment of the bills out of the proper fund as listed in the attached register covering Check Number 129045 through Check. Number 129227 in the amount of $2,827,045.46. Motion by Nawrocki, second by Diehm, to approve the Consent Agenda items with the exception of items D and E. Upon vote: All ayes. Motion carried. D. Adopt Resolution 2009-25, being a Resolution accepting the Feasibility Report for Zone 4 Alley Reconstruction and ordering the Public Improvement Hearing, Cit~Project No. 0902 Peterson listed the addresses involved in a public informational meeting scheduled for February 1911' with a 6:30 p.m. presentation by Public Works staff. Kevin Hansen, Public Works Director, stated this alley reconstruction is from 48th Avenue to 53r1 Avenue between Central and University Avenues, including bituminous/concrete and replacement of the water main. This would be completed at the same time as our other street work. Nawrocki indicated that part of the alley is already blacktop and felt that we should keep with what was done previously. Motion by Diehm, second by I~elzenberg, to ti=aaive tre reading of Resolution 2009-25, there being ample copies available for the public. Upon vote: All ayes. Motion carried. Motion by Dielzrn, second by Kelzenberg, to adopt Resolution No. 2009-25, which accepts the Feasibility Report for Zone 4 Alley Reconstruction, City Project No. 0902, and calling for the Public City Council Minutes RRnnr~lav Fehnwa;-.r (1Q 7f1(iQ V>' J s" Page 3 of 12 Improvement Hearing beginning at 6:30 p.m. on March 2, 2009. Williams stated that concrete would last a lot longer, but he would agree to bituminous if the adjacent property owners request it. Upon vote: All ayes. Motion carried. E. Adopt Resolution 2009-23, Second Amendment to Amended and Restated Contract for Private Redevelopment- Huset Park Fehst stated this is an extension for the completion dates of the Ryland Company construction project on 37`" and University. Fehst stated that with the current economy the market is slow; however they indicate that sales have increased within the last month. Williams stated that the prices have come down considerably. Donna Schmitt, 4260 Tyler, stated that she has received complaints from residents in this area about loose dirt blowing off the piles and asked if the piles could be seeded or leveled. Fehst stated that the hill at the senior housing project was seeded. He will contact them in the spring to see what can be done. Nawrocki stated that is also true at Grand Central Lofts. Hansen stated that the majority of that site was seeded for erosion control. If it did not take, we will have them do it again. Peterson stated that the Ryland project has been the best development he has ever seen for a clean construction site. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2009-23, there being an ample amount of copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2009-23, a Resolution approving a Second Amendment to Amended aizd Restated Contract for Private Redevelopment between the Columbia Heights Economic Development Authority, the City of Columbia Heights and Huset Park Development Corporation; and furthermore, to the authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. Pl<TBLI[C HE~RYIdTG~ A. Public Hearing -Cable Rates and adopt Resolution No. 2009-OS being an Order re~ardin~ the maximum permitted basic programming service rate and 2009-06, being an Order regarding the maximum permitted equipment and installation rates. Telecommunications Commission Attorney Steve Guzzetta stated it is time to again adopt the rate orders. The authority only has authority aver basic service programming rates and equipment and installation rates. Under local and federal regulation rules, a public hearing is required. Peterson opened the public hearing and asked if anyone had any questions or comments. With na comments received, Peterson closed the public hearing. Nawracki asked if this approves rates far 2008. Guzzetta stated that the rates will remain as they are, The company can change the rates and they will probably da that for next year, which will come out shortly. City Council Minutes x':onuzy, Februa.,, no 20~° Page 4 of 12 Motion by Diehm, second by Williams, to waive the reading of Resolution 2009-05, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2009-05, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2008. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to waive the reading of Resolution 2009-06, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2009-06, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2008. Williams asked if citizens can get free basic cable. Guzzetta stated that residents can receive the government access channels free with an A/B box. Diehm stated that installation is also free. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions Adopt Resolution 2009-24, being a Resolution reducing the Adopted 2009 Budget in anticipation of Local Government Aid reductions Fehst stated that this resolution is in anticipation our Local Government Aid (LGA) reduction of $460,000 in 2009, $960,000 next year, and the $338,000 we lost in December 2008 with the Governor's un-allotment of one-half of our LGA. We anticipate that the Governor may unaliot one-half of the LGA again this year, which would be about $338,000. Diminished LGA was discussed with the Council, which has been a life breath to this community, as we do not have a large tax base. Continued reductions were discussed. The most recent State shortfall estimate is $5.2 billion. There will be a new estimate in February, possibly as high as $7.2 billion. Fehst stated he would like to save as many jobs as possible this year, but also begin to reengineer how we do business in the city. All vacated positions have been frozen and employees have been asked to take atwo-week unpaid furlough. The furlough would result in a $20'0,000 savings. This would save four to six jobs. Department heads were also asked to make substantial budget cuts and position reductions. Fehst stated that unemployment costs must also be consider. He indicated the reductions for each department, including the Dutch Elm Disease program, shortening library hours from 60 to 51 hours per week, elimination of the unfilled 27th Police Officer and Crime Specialist and move one CSO to part time, the Community Development Secretary II, and 40 hours of Fire Department clerical, reduction of one library full time position to part time and cutting the vacant three-quarter time special project coordinator position, elimination and reduction of part time and seasonal positions, and several positions in the Finance Department will share time in other departments. Memberships will. also be reduced. There are bumping rights within the unions. Murzyn Hall will close if not reserved by paying groups for a savings of $17,000. This issue of the city newsletter will still. be in color, but will go to black and white after that. We will no longer pay for the royalty program or the float. Fehst stated that this is painful and nobody likes it, but he commended the employees that have come forward to take a furlough. Fehst stated that he and the Mayor spoke to the Mayor of St. Anthony City Council Minutes nnoncray Fe~raz:,, no 2nno Page 5 of 12 and he spoke to the City Manager of Fridley about combining services such as our Fire Departments. Fehst stated that the budget reductions required next year will be much more difficult. We have not eliminated any Firemen or Police Officers this year. Fehst commended the Fire Chief for corning up with a revenue source for emergency services. Peterson stated that this process has been tough on City Manager Fehst and the Council, and will affect everyone on the community. The groups the City Manager has worked with have been very understanding. The two week furlough is a way of saving jobs. It is tough to take these hits, but they come from the State and the Federal government. The more positive we can stay, the better off we will be. Nawrocki referred to the $1,600 deletion of the Suburban Rate Authority membership, as they look after the utility (gas and electric) rates. We spent about $16,000 on the Cable franchise attorney, and the Suburban Rate Authority has saved the city money over the years. Nawrocki indicated that we have a contract with them for this year and the time frame would require us to continue and we should do so because of the value to the citizens. Fehst recommended withdrawing this membership. Diehm stated that each Councilmember has feelings about what should and should not be dropped. If we find that we can not withdraw from these memberships, she asked that we no longer reimburse Councilmembers and staff for their mileage and their meals for those meetings. Nawrocki stated that he felt this was directed at him, and explained the amount of his time involved. There is compensation for a box lunch. Diehm stated that she was talking about policy. She attends meetings also and does not submit for mileage reimbursement. If we are cutting the budget, we should cut out reimbursement for ourselves. Nawrocki stated that he goes to more meetings than other Councilmembers do. He puts in for mileage and feels it is appropriate. The City Manager receives a blanket mileage amount per month. Peterson stated that is part of his contract. Peterson also stated that he has never submitted for mileage reimbursement. Nawrocki agreed with dropping out of the National League of Cities and stated that we should drop out of the National City Managers Association. Fehst stated he is trying to get an extended membership for free for a couple years, and this amount is included in the reduction. Fehst stated there is no national travel to be approved. Nawrocki indicated that newspaper subscriptions could be eliminated. The newsletter consultant at $1,100 per issue should be eliminated. The new city gym weight room staffing should be forgone. Peterson stated that we are working to receive donated equipment and staffing by volunteers. Peterson indicated that he would like the new facility used 24 hours a day, seven days a week. Lifetime Fitness has donated some equipment to the school. Peterson explained that we have control of our gym and weight room and we can use the school areas after 6:00 p.m. if they are not scheduled. Nawrocki stated that the taxpayers are paying for both gyms. The Mayor began to comment and Councilmember Nawrocki informed him that he should relinquish the Chair to the President of the Council before taking sides. Fehst stated that the item should be moved and. seconded and then let the Councilmember ask his questions. M~ti~~ by Kelzenberg, second by Willia~~~s, to waive the readang of Resolution 2009-24 they°e being ample copies available to the public. Upon vote: All ayes. Motion carried. Mohan by Kelzenberg, second by Williams, to adopt Resolution 2009-24 being a Resolution reducing the adopted 2009 budget in anticipation of local government aid reductions. City Council Minutes AA~nrlari Fehr~uan~ (1Q 7/~1(~1Q Ji J s'- Page 6 of 12 Fehst reiterated what the Council had begun, fallowing the last election, being to move every item and second it to get it on the table. Then hear what people have to say and when you get fed up with the pontificating you have moved the motion and debate can be ended. Peterson agreed and asked anyone with concerns on this resolution to come forward. Dwayne Morrell, 4212 Reservoir Boulevard, stated the reductions seem to be from the bottom up rather than top down. Williams stated that "the top down" is the next item on the agenda. Peterson stated that everyone in the city is taking a two week hit. Four out of the five Councilmembers have agreed to also do this. Fehst stated that every 80 hour employee will take the two week furlough and every 20 plus hour employee will take the prorated furlough. Deb Johnson, 4626 Pierce Street, suggested having three free medical calls per address and then charge. The Police Department could charge problem properties. Fehst stated that we have a three alarm charge and we have a zero tolerance policy on renters with drug involvement. Johnson asked if that includes alcohol. Fehst stated it does not. Diehm stated that most people recognize that as a council this is one of the toughest decisions we have made. We constantly face the struggle of wanting to provide the best service we can and be the best place we can and yet we are conscience of people saying that they can not afford higher taxes. When you are faced with money being taken away by the State you only have two choices, you can raise taxes or cut spending. This is not anything we do lightly. There has been a lot of discussion about the fire department. She stated that we have the finest fire department in the Twin Cities. Diehm indicated that she does not know of other communities our size that have a full time fire department that provides the level of service that we are able to provide. In recognition of what that department does, they not only fight fires and take care of our medical calls, but they inspect our rental properties and several years ago when we implemented that process, our fire department gladly jumped on board and said that they would take on that responsibility. As the City Manager said these are probably the easy cuts. We have even a harder year in front of us. We welcome and are open to suggestions. We try to respect our department heads by not micro managing and have let them bring their ideas to us. We do not take this lightly. Peterson agreed with her. Williams stated he could reiterate this also. Diehm called for the question. Nawrocki requested to give additional comments and spoke of the Manager recommending a procedure whereby we cut off debate. Peterson stated there is a ir~otion on the floor and a second. He requested Councilmember Nawrocki only refer to new information. Diehm withdrew her call for the question. Nawrocki asked if a time use analysis was done prior to the library hours being cut. Fehst stated that hours of use were studied at the library and Murzyn Hall. Peterson stated that the Library Director and the Recreation Director know their department and he trusts they know what is best. Fehst stated that was asked previously and was fulfilled. The County Library system is closing some branches at nights. We will be sure to be open those nights until a reasonable haur. Fehst stated that if groups want to continue using Murzyn HaII on Monday nights, maybe we should ask for a contribution or minor fee. There will also be operational costs for the gym and utilities at the public safety building. That is why we are using geothermal. Nawrocki stated that users of Murzyn Hall, by in large, are Columbia Heights residents. Columbia Heights residents should get use out of their tax dollars. Peterson stated that we want residents to use our facility, but we must run it more economically. City Council Minutes nROn,~a., ~e~r~~a:•, no ~nno ~ , . > , '- Page 7 of l2 Nawrocki commented that regarding the proposed elimination of the Community Development secretary, stating we have three people at the top with planning credentials and projects are slowing down. Maybe we need one less planner and keep the secretary. Fehst stated that most people do their own reports. This department netted $6 million in grants for 37"' and University, which could not have been done without a professional staff. Nawrocki referred to the training information received by the Assistant Finance Director that has good time management information. There was an article in the newspaper regarding a 35 page report by Anoka County describing better ways to deal with how their money is spent. He suggested we obtain a copy of that document. Upon vote: Nawrocki, aye; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. All ayes. Motion carried. Peterson stated this was a tough vote and indicated his hope that things tuns around before next year. B. Bid Considerations -none C. Other Business Adopt Resolution 2009-26 being a resolution to accept certain donations. Fehst stated that this resolution came about from the Mayor asking Councilmembers to join him in sharing in the loss of the employee's wage, through furlough, equaling 3.8 percent. He commended the Mayor for doing so and initiating this request. The Mayor and three Councilmembers have agreed. Councilmember Nawrocki did not agree to do this. Motion by Diehm, second by Kelzenberg, to waive the reading of Resolution 2009-26 there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Kelzenberg, to adapt Resolution 2009-26 being a resolution to accept certain donations by the City of Columbia Heights. Diehm read the Resolution and stated that this is "from the top -down" and is only doing what we expect our employees to do. Nawrocki stated that he did not say he would not participate and he would sign his check over, but he does not receive a check as it is all taken out in deductions. He stated that Councilmembers are only writing a check back to the city for the tax deduction. Diehm stated that all Councilmembers have deductions from their salary. Motion to amend by Peterson, second by Williams, that the donation be increased by $25 to cover any possible tax benefit received from the donation. Kelzenberg questioned if it was best to donate back the funds or have the wage reduced. Bill Elrite, Finance Director, stated it would. be better to write a check back to the City. Peterson stated that Councilmember's salaries are set according to the City Charter and can only be changed prior to an election and paid after the election, so to accomplish this Councilmember Williams recommended repayment by check. Peterson stated that is ludicrous if Counciimember Nawrocki feels this is being done for tax deduction purposes. Diehm indicated that she did not City Council Minutes A~on~a•, ~'ehr,aan, no ~nno ~, > > Page 8 of 12 appreciate Councilmember Nawrocki telling her why she is making this contribution. Kelzenberg indicated this would increase the Councilmember donation by $25 and Mayor Peterson's donation to $560. Upon vote of the amendment: Nawrocki, aye; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 5 ayes. Motion carried. Upon vote of the original motion: Nawrocki, aye; Diehm, aye; Williams, aye; Kelzenberg, aye; Peterson, aye. 5 ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager -nothing to report Nawrocki questioned the fees for electronic waste removal. Fehst explained the charges. Nawrocki requested a copy of the amended agreement with the hauler allowing them to charge. Fehst stated the understanding is that they pass along their cost. Report of the City Attorney -nothing to report CITIZENS FORUM Schmitt stated appreciation for everyone working together on the budget cuts. We will have to be creative in cuts and raising revenue. She suggested an annual fee of $25 to use the Library, as they do in Illinois, or it could be by donation. She asked if the amended budget or the cuts made could be placed on the City's web site. Annette Whipps, 4356 Madison Street, indicated she sent Councilmembers an email regarding vehicles left running unattended. She stated that only Councilmember Nawrocki responded. Diehm indicated that emails are received and printed at City Hall and delivered to them once a week. Diehm stated that she did forward this email to the Chief of Police and it was discussed by all members at a work session. She indicated surprise that this involved a vehicle in your own driveway. Fehst stated such requests are directed to the appropriate staff member and they respond or typically one Councilmember responds and he knew that Councilmember Nawrocki had responded. Fehst stated that there were a lot of vehicles being stolen in town. Williams stated that at the last meeting he mocked Minneapolis for doing this and did not realize that we also do it. Williams read the Green Sheet article regarding stolen vehicles and vehicles left running and unoccupied. Whipps stated she would like the criminals targeted, not the victims. Nawrocki stated that this ordinance was passed in 1998. Diehm indicated that it is not enough to have your vehicle locked while running; it must be secured with a Club or other device. COUNCIL CORNER Kelzenberg ~ nothing to report Williams ®~rr Police are doing a trenier~dous job. Criiiie is down agai~i this ~iionth Hope that residents will. be happy about the new gym. Its a good thing we did not build a community center Diehm City Council Minutes Mnnda~i Fehrnarv QA 7QQ9 Page 9 of 12 • Read upcoming events at the Library from the Green Sheet. • State Representative Carolyn Larne will host a community forum at the Library • February 19 will be the SAGA spaghetti fundraiser at Murzyn Hall • March 24 will be the Empty Bowls fundraiser at Murzyn Hall Nawrocki • Read the statement again that he gave following his re-election Peterson • Reiterated the SACA and Empty Bowls fundraisers • The Columbia Heights Activity Fund and the Police and Fire Departments are starting a fundraiser for a bronze tribute statue to Police Officers and Fire Fighters. Catherine Vesley has donated an artist's rendering of the statue to be titled "Always on Guard". There will be a Spaghetti Ball (dinner, dance and silent auction) fundraiser on March 21. Tasty Pizza will participate. Nawrocki gzrestioned the hall rental fee. The Park Commission waived the usage fee and the group will pay the other costs. This is a function for all of Columbia Heights. • He wants our facilities used until they are worn out, giving good and bad kids some place to run and play. Williams requested that the record reflect that Councilmember Nawrocki interrupted the Mayor twice during Council Corner. Don't forget our service men and women. We want our troops back here. If you see a service man or women -shake their hand. • Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:59 p.m. T'~atricia Muscovitz City Clerk RESOLUTION N0.2009-25 BEING A RESOLUTION ACCEPTING THE FEASIBILITY REPORT FOR ZONE 4 ALLEY RECONSTRUCTION AND ORDERING THE PUBLIC IMPROVEMENT HEARING, CITY PROJECT NO. 0902 WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven separate zones, and WHEREAS, a report has been prepared by the City Engineer with reference to the Zone 4 Alley Reconstruction, and WHEREAS, Zone 4 Alley Reconstruction is bounded by Central Avenue to Jackson Street, from 49`h to 50`h Avenues, and WHEREAS, the report provides information regarding whether the proposed project is feasible, necessary and cost effective, and Said report is hereby received. by the City Council of Columbia Heights on February 9, 2009. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,1ViaNNNESOTA 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting ar benefited property far all ar a partian of the cast of the impravement pursuant to Minnesota Stat~rtes, Chapter 429 at an estimated total cost of the improvement of $1.39,500. 2. A public hearing shall be held on such proposed impravement on the 2na day of March, 2009, m the City Council. Chambers at 590 40"' Avenue N.E. at 6:30 P.M. and the City Clerk shall give mailed and published notice of such hearing and improvement as required by law. City Council Minutes n~?onda" Febr~,:a;-~, Og ~OOo ~,- ., ~-- Page 10 of 12 RESOLUTION N0.2009-@5 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2008 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation. authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1.240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2008, purporting to set forth. and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2008 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2008 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2008 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii} be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2008 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not Limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2008 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2008 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2008 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2008 FCC Fonn 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional. information concerning the 2008 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R.. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION NO. 2009-06 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH iN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2008 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter "Comcast") filed with the City an FCC Fonn 1205 "Determining Regulated Equipment and Installation Costs, `Equipment Form"' (hereinafter the "2008 FCC Form 1205"), on or about March 1, 2008, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2008 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: I . Comcast's maximum permitted rates and charges for equipment and installation, as calculated. in the 2008 FCC Fonn 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. City Council Minutes l~~Ionday, Fehrua;', Oo X009 Page 11 of 12 2. Comcast shall not charge any rates higher than the applicable maximum permitted. rates set in the 2008 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved. by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. ~ 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3, Comcast may charge rates less than the lawful maximum permitted rates for equipment and. installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal., state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2008 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2008 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2008 FCC Form 1205 in order to determine the impact, if any, such. data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2008 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2008 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION N0.2009-24 REDUCING THE ADOPTED 2009 BUDGET IN ANTICIPATION OF LOCAL GOVERNMENT AID REDUCTIONS WHEREAS, the City of Columbia Heights is anticipating a reduction in excess of $460,000 in the amount of state aid the City will receive in 2009; and WHEREAS, the City of Columbia Heights is anticipating a reduction in excess of $960,000 in the amount of state aid the City will receive in 2010; and WHEREAS, the City Manager has utilized advanced planning and preparation for these reductions; and WHEREAS, it is the overall goal to balance the City budget for 2009; and WHEREAS, the City Council recognizes that this budget reduction will have a significant impact on services provided to residents: NOW, THEREFORE, BE IT RESOLVED that the following budget reductions be made to the 2009 property tax supported budgets. Fund Adopted 2009 Budget Proposed Cuts General Fund 9,793,340 516,055 Library Fund 783,847 92,377 Community Development Fund 625,309 50,568 Estimated Furlough Expense 260,000 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager be authorized to develop along-range budget plan to include the reduction of services and expenses, the generation of new revenue, and a projection of property tax increases needed to offset the loss of local government aid. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Manager instruct staff to explore all areas where City revenue and fees can be increased to offset the cost of providing services and present recommendations to the City Council for evaluation. City Council Minutes nn,.,,~t~.; ~or,r„"~; no ~nnn Page 12 of 12 RESOLUTION N0.2009-26 ACCEPT CERTAIN DONATIONS RECEIVED BY THE CITY OF COLUMBIA HEIGHTS WHEREAS, City employees have been requested to join in bearing the burden of the 2009 budget reductions, due to the loss of Local Government Aid, by taking a two week unpaid furlough, and WHEREAS, the City Council extends their sincere appreciation to the employees for their cooperative spirit, and WHEREAS, Mayor Peterson requested that council members reduce their salary by the proportionate equivalent of the two week furlough that employees are being asked to take, and WHEREAS, the request is that this pledge be accomplished through a monetary donation from the Mayor and Councilmembers, and WHEREAS, Mayor Peterson, Councilmember Williams, Councilmember Diehm, and Councilmember Kelzenberg have each expressed their desire to pledge the following donations, Donor Amount Purpose Gary Peterson $560.00 Furlough pay equivalent Robert Williams $325.00 Furlough pay equivalent Tami Diehm $325.00 Furlough pay equivalent Bruce Kelzenberg $325.00 Furlough pay equivalent and, WHEREAS, the City Of Columbia Heights acknowledges the preceding pledged. donations, BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights that the City of Columbia Heights accepts these donations.