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HomeMy WebLinkAbout02/22/2010OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY, FEBRUARY 22, 2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 22, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dave Briley, Oak Hill Baptist Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE -recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki requested to add: pedestrian bridge bids, February 16 work session, Anoka County WiFi study, letter regarding Goggle fiber optic program, public works hearings, staff attendance at the fiscal consultant seminar, and Grand Central Loft project meeting/informational meeting. PROCL TIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS none CONSENT AGENDA Peterson stated that in the absence of the City Manager, Kevin Hansen, Public Works Director, would take Council members through the Consent Agenda. Nawrocki requested to remove Item D - acquisition of 4600 Polk.. Kevin Hansen, Public Works Director: A. Approve minutes of the February 8, 2010 City Council meeting_ Motion to approve the minutes of the February 8, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the January 6, 2010 minutes of the Library Board. Motion to accept the January 21, 2010 minutes of the Charter Commission. C. Authorize payment of $16,243.22 to Anoka County for administering the 2009 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. Motion to authorize payment of $16,243.22 to Anoka County for administering the 2009 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. D. Adopt Resolution 2010-11, being a resolution approving acquisition of 4600 Polk Street. - removed E. Authorization to seek bids for the 2010 Miscellaneous Concrete Replacement and Installation Pro.L Motion to authorize staff to seek bids for the 2010 Miscellaneous Concrete Replacement and Installation Project. City Council Minutes Monday, February 22, 2010 Page 2 of 7 F. Approve final payment for 2009 Sanitary Sewer Lining. Project No. 0904 Hansen stated that the sanitary sewer lining bill was $1,000 under the bid price. Motion to accept the work for Sanitary Sewer Lining, City Project No. 0904, and to authorize final payment of $112,196.00 to Visu-Sewer, Inc. of Pewaukee, Wisconsin. G. Approval of the list of rental housing applications. They have met the requirements of the Property Maintenance Code. Motion to approve the items listed for rental housing license applications for February 22, 2010. H. Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 22, 2010 as presented. I. Approve payment of the bills Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 133618 through 133773 in the amount of $1,075,190.96. Nawrocki stated that it would be helpful if the dollar amount were indicated on the rental license requests. Motion by Nawrocki., second. by Williams, to approve the Consent Agenda items, with the exception of item D. Upon vote: All ayes. Motion carried. - - D. Adopt Resolution 2010-11, being a resolution approving acquisition of 4600 Polk Street. Nawrocki stated that by taking this property off the tax rolls we lose $1,781 in property tax. He asked who will pay the 2010 taxes. Scott Clark, Community Development Director, stated the taxes wo~_tld be prorated. with the remainder paid as part of the purchase_ Clark stated the demolitian cost would be approximately $1,400 to $1,700 and would be paid through Community Development Block Grant Funds. Nawrocki questioned if there were any additional costs. Clark stated there would be closing costs of approximately $900. Nawrocki questioned rehab costs. Clark stated that this program is aimed at density reduction in this area. Nawrocki questioned the attempt to reduce density when two blacks away we are looking to increase density with rental units. Williams stated the importance of this purchase, as it is part of our plan in the Sheffield area. This should have been done years ago. Motion by Diehm, second by Williams, to waive the reading of Resolution 2010-11, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Diehm, second by Williams, to adopt Resolution 2010-11, approving the acquisition of property located at 4600 Polk Street Northeast; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4ayes - 1 nay. Motion carried. Nawrocki stated that he was on the City Council when the Sheffield area came to be and he was against it because there was a lot of rental, with no where to park and no where for kids to play. City Council Minutes Monday, February 22, 2010 Page 3 of 7 Peterson stated that we started this program years back, but started slow. We are back on track and want to get the area cleaned up. This is a duplex on a small lot and falls in line with our program. PUBLIC HEARINGS A. Adopt Resolution Numbers 2010-07. maximum permitted basic prouramminu service rate and 2010-08, maximum permitted equipment and installation rate. Telecommunications Commission Attorney Steve Guzzetta, of Bradley and Guzzetta, stated that it is time to act on Comcast rate forms FCC 1240 governing basic service rates and FCC 1205 governing installation rates that can be charged in the city. The City does not do an in depth analysis of the rate forms, but instead adopts resolutions reserving our rights and neither approving nor denying Comcast's filed rates. Under FCC regulations we need to hold a public hearing to provide interested persons an opportunity to comment on Comcast's rate farms. The Telecommunications Commission has reviewed the resolutions and recommends adoption of both resolutions. Williams asked if basic cable is still free. Guzzetta stated that we have universal peg service and the peg channels are free. That is different from basic service, which includes broadcast channels, pegs and some additional channels that Comcast makes available. That is not free. The free channels are the public education government access channels. Deb JVlllls V31, 4V2V Pler ee Ctreet, 111d1Vated her fl UStr Ut1V11 that ~Vmcast is dying an uNE,l Ctdt. aLYld she will need to have a box to continue receiving premium and universal channels. She stated that she tried this upgrade previously and returned the box because it was too difficult to do basic functions. She stated t11at she is upset that she will have to go back to the box set up. Nawroeki stated that the only other options are a dish or wireless; the disadvantage is that the local channels would not be available. We have had negotiations with Comcast for a new franchise, as the existing franchise has expired. They want to discontinue the free access for local channels. The committee has resisted their recommendation to require the basic fee for local channels. The rates in these resolutions are $15 to $17 per month. The biggest part of the fee is far the other channels and we have no control on those charges. Congress, in 1996, gave the cable people a license to steal and they are exercising that license. Motion by Kelzenberg, second by Diehm, to waive the reading of Resolution 2010-07, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2010-07, 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, 2009. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to waive the reading of itesoiution 2u i 0-08, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Diehm, to adopt Resolution 2010-08, 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, 2009. Upon vote: All ayes. Motion carried. City Council Minutes IVlonday, February 22, 2010 Page 4 af'7 ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions -none B. Bid Considerations -none C. Other Business Nawrocki referred to the purchase of a CSO vehicle approved at the last meeting and indicated what he felt were inaccuracies in cost of fuel, outfitting the vehicle, cost of maintenance, and vehicle depreciation. Nawrocki described the LMC webinar regarding the Governor's LGA reductions that he participated in. We need to take action anticipating the loss for this year and coming years. He referred to the use of reserves and our debt service on the Public Safety building. We should look at removing the budget add-backs this year to be more frugal. Peterson stated that the City Manager and Finance Director are working hard on these issues. ADMINISTRATIVE REPORTS Report of the Acting City Manager Hansen stated that a public informational meeting on road projects will be held at City Hall on Tuesday at 5:00 p.m. for resident comments and concerns. March 1 work session items include: ordinance amendments (housekeeping issues) for refuse/recycling, tree and weed services, sewer and water utility services, and the six city WMA joint powers agreement. The watershed managements piaii wiu uavc sigiiiii~aiu ciiaii~,c~ w i~. ilawrucxi stateu ~ ia< uie ruau iiiipru'veiiieii~ ucaiui~;~ s ioLi u be held at regular council meetings so those that can not attend can see the meetings on T.V. Nawrocki stated that he wants to see the pedestrian bridge bids before authorization is requested. Peterson requested this for the entire council. Nawrocki referred to the green sheet comment that the police department has contracted with the City of Brooklyn Center to use our gun range and that funds would be used for training. These funds should be used to pay for costs of the public safety building. Other funds received, such as from grants, should not be used for additional expenditures, but current budget costs. Nawrocki requested information obtained by staff at the Anoka County meeting on WiFi. Nawrocki referred to a letter suggesting the City participate in a Google survey for WiFi and stated that more information should be obtaining to see if it meets our needs and desires. Nawrocki stated that three staff attended a fiscal seminar put on by the City's fiscal agent, which cost us about $3,200 in staff wages. He requested to see a summary of items discussed. The Community Development Director was a speaker at the event. Did he receive a reduction in the attendance fee? Nawrocki indicated that tomorrow's EDA meeting would discuss Grand Central Lofts eliminating 134 owner/occupied units and downsizing the units to 200 rental units. At the January 13 information meeting attendees were promised they would receive notice of additional meetings. Were these people notified? Clark indicated that notices were sent for the Planning and Zoning Commission meeting. If all persons were not notified, the additional notices will be sent tomorrow. Report of the City Attorney -nothing to report. City Council Minutes Monday, February 22, 2010 Page S of 7 CITIZENS FORUM Deb Johnson, 4626 Pierce Street, indicated that meeting agendas for boards and commissions have not been consistently placed on the web site. Peterson indicated that we have work to do on the site and our cable equipment and we need to get moving on it. Our discussion with Comcast is ongoing and hopefully can be resolved soon. Diehm indicated that the SACA food shelf Empty Bowls fundraiser will be held on March 1, beginning at 4:30 p.m. Support our local food shelf. Peterson. stated: Don't forget our service men and woman that are risking their lives for us every day. Keep them in your thoughts and prayers. Don't take ourselves too seriously and do a random act of kindness. ADJOURNMENT Mayor Peterson adjourned the meeting at 7:51 p.m. atrieia Muscovitz C City rk \L6~7VL~V1~V~ L~~l./~ l~iiV 1'U-~~ RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMETdT FOR CERTAIN REAL PROPERTY LOCATED AT 4600 POLK STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COULUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY COLUMBIA HEIGHTS, MINNESOTA ("the City") AS FOLLOWS: Section i. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority"} has established the K-Mart/Central Avenue Tax Increment Financing District (the "T1F District"} within the Central Business District Redevelopment Project (the "Project"), and have adopted a Tax Increment Financing plan ("TIF Plan"} for the purpose of financing certain improvements within the Project. 1.02. The City and Authority have undertaken a prat am to acquire homes in the project in order to address blighting issues and reduce density and provide future redevelopment opportunities. I.03. The City or Authority may incur certain costs related to the TIF District or Project, which costs may be financed on a temporary basis from available Authority or City funds. 1.04. The City, using available TIF District funds, intends to acquire certain property in the City located at 4600 Polk Street (the "Property") within the Project, all or a portion of which Property the Authority or City may use to further redevelopment within the Project. I.OS. City staff have negotiated a Real Estate Purchase Agreement with Keller Williams (the "Seller") dated February 9, 2010 including all. related addenda and disclosures thereto (Collectively, the "Purchase Agreement"), for real property located at 4600 Polk Street Northeast and legally described as follows: Lot 14 except N 30 feet and all of Lot 1 S, Block 2, Sheffields 2°d Subdivision; (the "property"), which Purchase Agreement is contingent upon approval of the Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. i.07. The Purchase Agreetiietit,ias C~een prepareu ariu suuni~ucu w the ~iiy 3i5u is on ~, e witu uic guy iviauager. Section 2. Approval and Assinp, Went 2.01. T'he Purchase Agreement for the Property is hereby approved, and the execution of the Purchase Agreement by the City is hereby ratified. Pursuant to the Purchase Agreement, the City will purchase the Property for to $110,000. City staff and officials are authorized. and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to take all such other actions to complete the assignment of the City Council Minutes Monday, February 22, 2010 Page 6 of 7 City's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and agreements necessary to effectuate such. assignment. RESOLUTION N0.2010-07 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, 2009 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 race regulation. authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"l; and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2009, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2009 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2009 FCC Form 1.240; 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 ma xtmutn permitted rate f r bass cable s......, ., calculated to the 2009 FCC Fortis 1240, is .,.either approved nor dented, but may: (t) function as a basic service rate ceiling during the relevant rate period; and (n) be uhltzed to 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 2009 FCC Fore 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. _ _ __.. _ __ _. ..i. _ 4___ t 9 __ _ 9 r_ 1 _ .~ -. ~ t ~ . J. ~,uttie,a~t taaay charge ia~es ie5s titan irie 1nwi~ti maxttnutn pertnttteu rate our uastc servte;e, as sung as suLh 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 2009 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 2009 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 2009 FCC Form 1.240 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 2009 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2009 FCC Forn 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). ni+.SOLrv i Ivi~T N^v. 20i^v vo ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH 1N THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2009 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Colmnbia 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 City Council Minutes Monday, February 22, ZO 10 Page 7 of 7 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 "2009 FCC Form 1205"), on or about March 1, 2009, 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 2009 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 fallowing is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2009 FCC Fonn 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than. the applicable maximum permitted rates set in the 2009 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, shalt not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2009 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, axplapa4irJn ralrs~latinn nr rate rn the 2Q(19 FC'C' Farm 17Q4_ 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 2009 FCC Form 1205 in order to deternine 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 2009 FCC Fonn 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 2009 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation. rate filings. v. iiu~ vt uer ivitsiitutw a Vviiucu u~~iaivu ivi ~uaNuow vi -ri ~.i .is. y iv. /v~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. ~ '76936(b).