HomeMy WebLinkAbout08/09/2010 Regular CITY OF COLUMBIA HEIGHTS Mayor
Gary L. Peterson
590 40 Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers
Visit our website at: www.cicolumbia- heights.mn.us Robert A. {Villiants
Bruce Nawrocki
Tanunera Dieh,n
Bruce Kel:enberg
City Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on
Monday, August 09, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia
Heights, MN.
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 disabled persons are available upon request when the request is made at least 96 hours in advance.
Please call the City Clerk at 763 -706 -3611, to make arrangements. (TDD /706 -3692 for deaf or hearing impaired only)
1. CALL TO ORDER/ROLL CALL/INVOCATION
Invocation by Rev. Ruth Hograbe, Community United Methodist Church
Appoint Secretary Pro -Tem
MOTION: Move to appoint Shelley Hanson as Secretary Pro -Tem for the August 9, 2010 City
Council meeting.
2. PLEDGE OF ALLEGIANCE
3. ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the agenda.
These may be items brought to the attention of the Council under the Citizen Forum or items
submitted after the agenda preparation deadline.)
4. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, NOUNCEMENTS, GUESTS
A. Presentation of Memorial gift.
5. CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part of the
Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as
the next order of business.)
A. Approve minutes of the July 26. 2010 City Council meeting p4
MOTION: Move to approve the minutes of the July 26, 2010 City Council meeting.
B. Accept minutes of the Columbia Heights Boards and Commissions p17
MOTION: Move to accept the minutes of the June 22, 2010 EDA meeting.
MOTION: Move to accept the minutes of the May 25, 2010 HRA meeting.
MOTION: Move to accept the minutes of the July 7, 2010 Library Board meeting.
C. Adopt Resolution 2010 -66 approving the Minnesota Department of Commerce Electronic p34
Financial Terminal (EFT) Authorization Application.
City Council Agenda
Monday, August 09, 2010
Page 2 of 3
MOTION: Move to waive the reading of Resolution 2010 -66, there being ample copies available
to the general public
MOTION: Move to adopt Resolution 2010 -66, being a resolution approving the Minnesota
Department of Commerce Electronic Financial Terminal (EFT) Authorization Application and
authorizing the City Manager to complete and submit the application.
D. First Reading of Ordinance No.1584, Amending Chapter 2, Section 10A Pertaining to Form of
Government; Ordinance No. 1585, Amending Chapter 7. Section 72 Pertaining to Bonded Debt
and Debt Limit; and Ordinance No. 1586, Amending Chapter 9, Sections 87 through 92 p41
Pertaining to Eminent Domain in the City Charter
MOTION: Move to waive the reading of the ordinances, there being ample copies available to
the public.
MOTION: Move to schedule the second reading of Ordinance No. 1584, being an ordinance
amending Chapter 2, Section 10a, of the Charter of the City of Columbia Heights pertaining to
Form of Government for August 23, 2010, at approximately 7 p.m. in the City Hall Council
Chambers.
MOTION: Move to schedule the second reading of Ordinance No. 1585, being an ordinance
amending Chapter 7, Section 72, of the Charter of the City of Columbia Heights pertaining to
Bonded Debt and Debt Limit for August 23, 201.0, at approximately 7 p.m. in the City Hall
Council Chambers.
MOTION: Move to schedule the second reading of Ordinance No. 1586, being an ordinance
amending Chapter 9, Sections 87 through 92 of the Charter of the City of Columbia Heights
pertaining to Eminent Domain for August 23, 2010, at approximately 7 p.m. in the City Hall
Council Chambers.
E. Approval of attached list of rental housing applications. p50
MOTION: Move to approve the items listed for rental housing license applications for August 9,
2010 in that they have met the requirements of the Property Maintenance Code.
F. Approve the Business License Applications p57
MOTION: Move to approve the items as listed on the business license agenda for August 9th,
2010
G. Approve payment of the bills p59
MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached
check register covering Check Number 135670 through 135854 in the amount of $1,650,784.31.
MOTION: Move to approve the Consent Agenda items.
6. PUBLIC HEARINGS
A. Adopt Resolutions 2010 -64, 4017 4th Street N.E., and 2010 -65, 4633 Fillmore Street N.E. being
declarations of nuisance and abatement of violations within the City of Columbia Heights p68
MOTION: Move to close the public hearing and to waive the reading of Resolution Numbers
2010 -64, and 65 there being ample copies available to the public.
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Monday, August 09, 2010
Page 3 of 3
MOTION: Move to adopt Resolution Numbers 2010 -64, and 2010 -65 being resolutions of the
City Council of the City of Columbia Heights declaring the properties listed a nuisance and
approving the abatement of violations from the properties pursuant to City Code section 8.206.
B. Second Reading of Ordinance 1583, Cable Television Franchise Ordinance and Approval of
Commitment Letter p73
MOTION: Move to waive the reading of Ordinance 1583, a Cable Television Franchise
Ordinance, there being ample copies available to the public.
MOTION: Move to adopt Ordinance 1583, being an ordinance granting a franchise to Comcast
of Minnesota, Inc. to construct, operate, and maintain a cable system in the City of Columbia
Heights, Minnesota to provide cable service; setting forth conditions accompanying the grant of
the franchise; providing for regulation and use of the system and the public rights -of -way in
conjunction with the city's right -of -way ordinance, if any, and prescribing liquidated damages
for the violation of the provisions herein.
MOTION: Move to approve the Commitment Letter Agreement between Comcast and the City
of Columbia Heights, dated July 8, 2010, and to authorize the Mayor and City Manager to
execute such Commitment Letter Agreement.
7. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions - none
B. Bid Considerations - none
C. New Business and Reports - none
8. ADMINISTRATIVE REPORTS
Report of the City Manager
Report of the City Attorney
9. CITIZENS FORUM
At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes. Anyone who would like to speak shall
state his /her name and address for th r e c ord.
10. ADJOURNMENT
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Walter R. Fchst, City Manager
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OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JULY 26, 2010
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
July 26,20|Vin the City Council Chambers, City Hall, 59O4U1bAvenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL/INVOCATION
Youth Pastor Brenna Zeimet, Columbia Heights Assembly of God Church, gave the Invocation.
Present: MayorPcicrsno,Counci|mcnoberVVi||iaons,Couoci|oocmohcrNovvrooki,[ouncilnncmnbcr
Diebnn,Cnunci}rnembcr}{e|zcnhcrg
PLEDGE OF ALLEGIANCE - recited
ADDITIONS/DELETIONS TO MEETING AGENDA
Peterson removed items D and 1 from the Consent agenda.
Nawrocki stated that the agenda was on the cable channel on Friday, but cable TV was off over the
weekend. Do we know why? Fehst stated that the system is old and when rebooted, it crashes. We
recognize that we need new digital equipment.
Nawrocki requested to discuss the budget, a report on receiving the first halfofour LGA payment,
Hennepin and Anoka County reciprocal recycling agreement, expense policy for employees, and
liquor store debt service.
Nawrocki requested to rernove F, G, and H frorn the Consent Agenda.
PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOIJNCEMIENTS, GIJESTS
A. Announcements
Peterson stated that August 3 is National Night Out. There are 36 parties scheduled throughout
our City. Peterson encouraged everyone to get out and meet their neighbors.
Peterson stated that the 8 /� annual SCA charity softball game will be held on August 4 at
Huset Park. Funds and food donated will benefit SACA. The softball game will be between the
Columbia Heights Police and Fire Departments and the Fridley Police and Fire Departments.
This event is free to the public. Rick Johnson. SACA, stated this is a good fundraiser for them.
The event used to be with the Post Office employees, but will now branch out to other
communities that are serviced by S/\[/\.
CONSENT AGENDA
City Manager Walt Fehst took the Council through the Consent Agenda items.
A. Approve minutes ofthe Juty 12, 2010 City Council meeting.
Motion to approve the minutes ofthe July 12, 2010 City Council meeting.
B. Establish Canvass of the 2010 Primary Election for Thursday, August 12, 2010 at 6 p.m.
Motion to establish the Canvass of the 2010 Primary Election results for Thursday, August 12,
2010 beginning at 6:00 p.m. in the City Council Chambers
C. Accept rninutes ofthe Columbia Heights Boards and Commissions
Motion to accept the minutes ofthe July 15" 2010 Telecommunications Commission meeting.
D. First Reading o[Ordinance 1583, Cable Television Franchise Ordinance - removed
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Monday, July 26, 2010
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E. Approve Transfer of Funds for Safe and Sober, CHHS. Unique Thrift, and Anoka - Hennepin
Drug Task Force Overtime from General Fund to Police Dept. Budget Overtime Line #1020
Motion to transfer $1,152.62, the amount of money received from Coon Rapids as
reimbursement for overtime worked from our participation on the Safe and Sober program; and
$2,073.75, the amount of money received from Unique Thrift as reimbursement for overtime
worked; and $323.75, the amount of money received from Independent School District #13 as
reimbursement for overtime worked; and $2,000, the amount of money received from Anoka
County as partial reimbursement for overtime worked by the CHPD officer in the Anoka -
Hennepin Drug Task Force from the General Fund to the 2010 Police Department Budget line
1020, Overtime.
F. Adopt Resolution 2010 -60, being a Resolution to approve acquisition of 3846 Tyler Street.
removed
G. Adopt Resolution 2010 -61. being a Resolution to approve acquisition of 4421 5th Street.
removed
H. Adopt Resolution 2010 -62, being a Resolution to approve acquisition of 1309 Circle Terrace.
removed
I. Approve Bid contract for the emergency removal of the "Root" building located at 3930
University Ave. - removed
J. Approval of the attached list of rental housing applications.
Motion to approve the items listed for rental housing license applications for July 26, 2010 in
that they have met the requirements of the Property Maintenance Code.
K. Approve Business License Applications
Motion to approve the items as listed on the business license agenda for July 26, 2010 as
presented.
L. Approve payment of the bills
Motion to approve payment of the bills out of the proper funds, as listed in the attached check
register covering Check Number 135473 through 135669 in the amount of $1.410,400.19.
Motion by Nawrocki, second by Kelzenberg, to approve the Consent Agenda items, with the exception
of items D, F, G, H and 1. Upon vote: All ayes. Motion carried.
D. First Reading of Ordinance 1583. Cable Television Franchise Ordinance
Steve Guzzetta, Cable Attorney, indicated the process of the negotiating team (Magee, Fehst,
Nawrocki. and Guzzetta) working with Comcast to arrive at the proposed Ordinance 1583. We
are currently operating with the existing contract, on a month to month basis, while in
negotiations. Guzzetta indicated this is an excellent franchise agreement for a city this size.
There will be a grant funds to replace current cable equipment.
Guzzetta listed highlights of the proposed ordinance. There will be a capital grant of $194,842
for permitted purchases, such as new video equipment and institutional network construction to
our liquor stores and public safety center. This should be enough to purchase and upgrade
equipment in the control room, the council chambers, and some library equipment. Comcast will
provide cabling for program transmission. This includes four channels for our use. One channel
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Monday, July 26, 2010
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will be loaned to Comcast, but can be regained for public assess if we wish. There has been a
lack of demand for public access program use. The peg fee was over $3 per customer for our
local studio. There should be a significant savings with this removed. Technical quality should
improve significantly with digital programming. Comcast will guarantee the quality. They are
waiving the right to collect the unpaid peg fees of $7,840 from the City or subscribers. We
negotiated a letter agreement with commitments from Comcast. They will transfer ownership of
studio equipment to the city valued at $65,000. The city will transfer the equipment to the
schools for a video curriculum and the city can use it for their productions. Comcast has agreed
to pay $3,500 per location event to defray city costs of promoting a new channel position or
signage. At no cost to the city, Comcast will interconnect with other Comcast systems to share
programming. The peg fee to recover the cost will now be $2.57 and should drop to about $.85
per month for subscribers. They must provide a minimum of 200 channels to subscribers. We
negotiated for Comcast to provide $69,842 for high speed connection to our liquor stores and
public safety building. If constructed, the city would enter a separate agreement on data speed
and needs. The cost should be about $2,000 per month or less, with exclusive use. Comcast will
continue to provide free modem service to city hall, the library and the gym. Over the life of the
franchise, the universal peg tier will be phased out. When Comcast goes to an all digital form it
will not be possible to have a universal peg tier. Existing subscribers can continue, but no new
subscribers will be allowed. Subscribers would have to pay five percent for basic service.
Franchise fees will be five percent, including an audit. This is a five year agreement with a letter
of credit. Comcast will provide a drop box for cable bills at the city liquor store on Central
Avenue. Competitive equity was addressed.
Williams asked if the capital grant was to be paid over the term of the contract. Guzzetta stated it
would be paid up front for capital purposes.
Nawrocki stated there were over 20 meetings held. He is not proud of what we ended up with,
but felt we could not have gotten much better. He stated he was on the original franchise
committee comprised of citizens. In the 1990's Congress took away the ability of cities to
require things they want in a franchise agreement. Nawrocki stated that Kathy Donnelly -Cohen
is an able contract person, handling negotiations professionally. The capital grant is a misnomer
as they give us the money and they charge the cable users, plus receive 4.5 percent interest. This
is probably the best we can get. under the circumstances. It is proposed to provide copies of the
agreement at ten different locations for public viewing. Nawrocki suggested a copy be available
at city hall and the library by tomorrow.
Guzzetta stated that the federal cap on the interest Comcast can collect is 11.25 percent. We
negotiated this down to 4.5 percent.
Diehm thanked those that served on the committee, but indicated disappointed that universal
access will not be available to our residents. We need to look at other options to get our
information to the public.
Bob Odden, 1201 42 % Avenue, stated that he attended the Telecommunication meeting and is
shocked the public channel is going away. People can't find the studio and it has old equipment.
Money received should have been used to upgrade the studio equipment. This reduces the
public's option. Some shows are redundant on both channels. Subscribers will pay for the grant
monies and savings will be a wash for subscribers. Odden questioned if our liquor stores are
profitable. Guzzetta stated the rates will go down through the reduced peg cost. There was little
demand for a public access studio and channel. Columbia Heights was the last place in the metro
area provided with public access. In other areas this service is transferred to a private service.
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Keeping this would have required a significant cost increase. If the city makes the resources
available, public access can be available through one of the three channels. They can reclaim the
fourth channel, or open the school for these purposes, or use general funds to lease and create a
public channel. There is not a significant demand for this service.
Nawrocki indicated that Comcast actually kept the studio open longer than anticipated because
of our discussions. The studio has pretty good equipment. Originally Comcast wanted to sell the
studio equipment, but we negotiated to retain it.
Diehm questioned MTC4, which are full time operations and asked if there is a group that we
could be part of. Guzzetta stated that the cost would be significant and the closest facilities are in
Blaine, Roseville. and quad- cities in Anoka. They are funded by a joint powers consortium with
significant peg fees. Fehst stated that we could contract for those services in the future if the
council chose to do so. Our equipment was very good and serviceable until recently .
Ted Arbeiter, 3754 Xerxes Avenue, Minneapolis, stated this is cutting the public out of the
picture and it is content control. There are about 20 hours of programming at this point. There
are people making use of this. There are barriers to access the facility and there is no signage. It
will be hard to get public access back. Fehst stated that other cities do take a more aggressive
public approach and he described the cost. The Council could set up something with Blaine. The
cable company wants to be out from under this as no other cities do this.
Magee stated we get information from the cable company on monthly basis. Only five programs
are produced internally and 80 percent are external. O the five programs produced. most were
produced for the city. We do not feel justified to have a studio for the cost to the subscribers.
Kathy Donnelly- Cohen. Director of Government Affairs for Comcast since 1987, indicated the
different models around the metro. Some dedicate all of their franchise fees to their studio.
Others use some franchise fees and peg grants. In this community all public access costs were
provided by the company and the fee was spread over the 4,000 subscribers. We look at the
report from the public access group and with only five programs produced the cost was about
$2.500 each. Of the 81 programs produced externally. it was found that they bring their tapes to
all the metro studios. This community's right -of -way fee is five percent and it is your right to use
it as you want. The fact that subscribers will get a $2 decrease in their bill is significant. Public
access is not a done deal. It was recommended to combine the school and library, but they will
continue with their own channels. It is cable subscribers that support public access. This is a fair
deal and done through a good working relationship.
Nawrocki stated that we spoke to Minneapolis's Channel 6. We sought reasonable ways to keep
public access. We negotiated to only borrow that channel to them and it is still available to us.
Guzzetta stated that this is a only a five year franchise, so if there is a swell of support it can be
addressed in the next renewal. Upon request, Comcast has to cease use of the channel and return
to the city within 2 months.
Tina Roinquist, 4244 Oak Crest Drive, Vandnis Heights, suggested viewing the Blaine facilities
and others. They do on location shows of concerts in parks, school events, etc.
Peterson stated that at first there was excitement about public programs. That has dwindled. We
will continue to record city events for channel 16 and are we are not shutting the door. Peterson
stated this committee has done a thorough job. Those that have worked on this for two years
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have negotiated where both sides have made concessions. He commended those that sat on the
committee. We are trying to save money for our taxpayers.
Motion by Kelzenberg, second by Wiltiams, to waive the first reading ofOrdinance 1583, a
Cable Television Franchise Ordinance, there being ample copies available to the public. Upon
vote: All ayes. Motion carried.
Motion by Kelzenberg, second by Williams, to establish the second reading of Ordinance 1583.
for Monday, August 9, 2010, otupproxi/nutely7:00p.no. in the City ofColumbia Heights
Council Chambers and to consider the approval and execution of the commitment letter after the
second reading ufOrdinance 1503. Upon vote: All ayes. Motion carried.
F. Adopt Resolution 2010-60 being a Resolution to approve acquisition of 3846 Tyler Street.
Scott Clark, Community Development Director, indicated he would speak on items F, G, and H.
These properties would be secured under the scattered housing program approved by the Council
in June of 2009. Clark described the properties and how they fit the program. Clark showed
pictures of the properties proposed for purchase. This would keep investors from band-aiding the
property and renting out a substandard property. Clark stated that the Police Chief has indicated
the advantages to purchase some properties in Circle Terrace to open up the area. The current
fund balance is about $19O,00O.
Diehm read a portion of the police department memo on eliminating dilapidated properties. She
referred to the property owner from that area that came before the Council requesting help to
control the area as he is trying to keep a good rental property. Clark stated that staffwill continue
to look at ways to improve this area.
Nawrocki indicated that these properties should be presented to the Council prior to negotiating a
deal. Nawrocki questioned paying $47,000 for this property and $39'000 for the property next to
it. Clark indicated that we do not know the exact payof[ but it is estimated at $47,000. Clark
indicated the reason to expedite this sale. Nawrocki questioned when the TIF ends. Clark stated
at the end of this year. Nawrocki indicated his opinion on the use of these TIF funds. Fehst
indicated that the Heritage Heights neighbors are pleased with the removal of blighted houses.
Peterson stated that Council directed staffto do this and spoke ofthe the advantages. To re-discuss
this every time is ridiculous. We are on a project to make this community a better place.
Motion by Kelzenberg, second by Williams. to waive the reading ofResolution 2010-60 there
being arnple copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Kelzenberg. second by Williams, to adopt Resolution 2010-60, approving the
acquisition ofproperty located at 3846 Tyler Street NE; furthermore to authorize the Mayor and
City Manager to enter into an agreement for the same.
Williams called for the question.
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4
ayes, 1 abstention. Motion carried.
G. Adopt Resolution 2010-61, being a Resolution to approve acquisition of4421 5th Street.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2010-61, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
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Motion by Williams, second by Kelzenberg, to adopt Resolution 2010 -61, approving the
acquisition of property located at 4421 5th Street NE; furthermore to authorize the Mayor and
City Manager to enter into an agreement for the same.
Nawrocki questioned the cost to bring this house up to code. Clark stated that it would be in
excess of $60,000 to $70,000 and this is only a 700 sq. ft. house. This is considered a "sick
house ". Nawrocki asked why we turn the houses over to the EDA. Clark stated that they are the
funding entity for this program. Nawrocki indicated that the funds from the sale of theses
properties should be turned over to the city's general fund.
Williams called for the question.
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, abstain; Peterson, aye. 4
ayes — 1 abstention. Motion carried.
H. Adopt Resolution 2010 -62, being a Resolution to approve acquisition of 1309 Circle Terrace.
Motion by Diehm, second by Kelzenberg to waive the reading of Resolution 2010 -62, there
being ample amount of copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Diehm, second by Kelzenberg, to adopt Resolution 2010 -62, approving acquisition of
property located at 1309 Circle Terrace; furthermore to authorize the Mayor and City Manager to
enter into an agreement for the same.
Nawrocki spoke against this, as this property looks better from the outside than the other homes
in the area. Replacing this will not change the character of the neighborhood.
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, nay; Peterson, aye. 4 ayes —
1 nay. Motion carried.
Fehst indicated the success of the program. We look at the worst of the worst for removals.
Funds will be recovered when the market changes.
I. Approve Bid contract for the emergency removal of the "Root" building located at 3930
University Ave.
Clark indicated there was a fire in this building in March and Community Development was
given the task to demolish this property. The hazardous material had to be surveyed. The PCB
content of the ash would have to be separated from the hard material and taken out of state. The
alternative to accepting this bid is complicated and would result in additional dollars spent.
Clark stated that abatement funds will be used. This is where the city fronts the money and it is
charged back to the property. Bill Elrite, Finance Director, indicated that there are funds in the
special assessment account (415), which are recouped from the property's tax. Nawrocki
requested the fund balance. Staff will provide this information.
Diehm stated this is disturbing as this is not a building we own and not a problem we caused, but
we are required to pay to have this done. She explained that the costs are reclaimed through the
tax rolls. Historically, this has been a problem property. Clark stated there was a grant on this
property for a Phase 1 and 11 remediation plan. The developer was not able to give his 25 percent.
We are working with the owners on this. Abatements go against the property and would have to
be repaid if the property was sold. There is currently about $60,000 in assessments against the
property. The demolition would add another $63,000. Diehm asked if there is more than one
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Monday, July 26, 2010
Page 7 of 13
owner involved. Clark stated yes. Diehm gave the history of the assessments and then of the fire.
Because of the environmental conditions we are forced to go in and clean up the property and
hope to get reimbursed.
Peterson stated that this Council has to take care of past mistakes. He referred to the industrial
waste that we had to clean up in the Huset area. We are correcting the ills and bad behavior of
people of the past. We do take some hits, but need to in order to improve our community.
Williams indicated that the Viet bid is very reasonable compared to the other bids.
Motion by Williams, second by Kelzenberg, to approve a demolition contract for the building
located at 3930 University Avenue to Veit and Company in the amount of $63,449 and further
authorize the Mayor and City Manager to enter into an agreement for the same.
Nawrocki stated that fund 415 has a fund balance of $1.7 million dollars. Clark stated that there
is approximately $200,000 of debt on this property and there are three buildings there. This is for
the emergency abatement on one of the buildings.
Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye; Nawrocki, aye; Peterson, aye. All ayes.
Motion carried.
PUBLIC HEARINGS
A. Adopt Resolutions 2010 -56. 675 47th Avenue N.E.. and 2010 -57. 841 49th Avenue N.E. being
declarations of nuisance and abatement of violations within the City of Columbia Heights.
Fire Chief Gary Gorman indicated the nuisance issues on the properties. Diehm indicated staff
has worked with the owners since April and May to 1,0 result.
Motion by Nawrocki, second by Diehm, to close the public hearing and to waive the reading of
Resolution Numbers 2010 -56, and 57 there being ample copies available to the public. lJpon
vote: All ayes. Motion carried.
Motion by Nawrocki, second by Diehm, to adopt Resolution Numbers 2010 -56, and 57 being
resolutions of the City Council of the City of Columbia Heights declaring the properties listed a
nuisance and approving the abatement of violations from the properties pursuant to City Code
section 8.206. Upon vote: All ayes. Motion carried.
B. Adopt Resolutions 2010 -58, 4333 Washington Street N.E., and 2010 -59. 4606 -08 4th Street N.E.
being Resolutions of the City Council of the City of Columbia Heights approving rental license
revocation for failure to meet the requirements of the Property Maintenance Codes.
Gorman indicated the failure to submit rental license fees and schedule inspections for both
properties.
Motion by Nawrocki, second by Williams, to close the public hearing and to waive the reading
of Resolution Numbers 2010 -58, and 59 there being ample copies available to the public. Upon
vote: All ayes. Motion carried.
Motion by Nawrocki, second by Williams, to adopt Resolution Numbers 2010 -58, and 59 being
Resolutions approving revocation pursuant to City Code, Chapter 5A, Article IV, Section
5A.408(A) of the rental licenses listed. Upon vote: All ayes. Motion carried.
Miscellaneous
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Diehm asked the Council to consider moving the citizen forum portion up on the agenda to
accommodate residents that wish to speak. Peterson stated that could be considered, but it must
be understood that there may not be an immediate answer and there is the option to take the item
under advisement. It was put in the current location in consideration of those that take the time
to have their item placed on the agenda. We would be firm on a time limit. Diehm indicated that
there are also citizens that watch on TV and then come to the meeting to comment. Peterson
indicated this should be discussed at a work session meeting.
ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions - none
B. Bid Considerations - none
C. New Business and Reports - none
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst listed items for the August 2 work session: three Charter Commission changes, Six Cities
Waste Management format change, Huset Park round -about art, payment for expenses, and citizen's
forum placement on the agenda.
Fehst stated that the budget will be submitted at the second meeting in August. We are under a plan
to get off of local government aid.
Nawrocki spoke on the I.,MC Fiscal Futures committee regarding finances in the State of Minnesota.
Because of economic issues, we should look at budget decreases. Fehst stated this LMC article
shows that we can not depend on the State. There are ways to facilitate a lesser increase this year.
We will lose the aid and this is proof positive. Nawrocki referred to cutting back on expenditures and
questioned if we received our LGA payment. Elrite stated that we received the amount we were
scheduled to receive. Nawrocki asked the specific amount. Diehm indicated that if Councilmember
Nawrocki had asked for this information earlier staff could have had it available for this meeting.
Nawrocki requested that the recycling agreement between counties be researched.
Nawrocki commented on the debt service for the liquor operation.
Report of the City Attorney — nothing to report
CITIZENS FORUM
Deb Johnson, 4626 Pierce Street, questioned what personal interest Councilmember Nawrocki has
on the Tyler and 5 Street properties, as he chose to abstain from the vote, yet voted no on the Circle
Terrace property. Nawrocki stated that he felt the Circle Terrace building could be rehabbed and
abstained on the Tyler property because there was not a definite amount given. Johnson indicated
that an abstention is only to be used for conflict of interest. Johnson indicated that there were
"plants" in the audience regarding the cable franchise. She stated her pleasure that the Mayor
indicated the long process to get to this point. Johnson indicated that it is good for people to come
and see the entire Council meeting. They can wait until the end of the meeting to speak.
Dwayne Morrell, 4212 Reservoir Boulevard, supported purchase and removal of blighted homes. He
indicated that he initially suggested a bond issue of $10 to $20 million be voted on by the public to
support this. Morrell questioned if Walgreens is being compensated for the pedestrian bridge
intrusion on their property. Fehst stated yes, for construction on the right -of -way.
11
City Councit Minutes
Monday, July 26.20|0
Page 9 of 13
ADJOURNMENT
Peterson stated: Don't forget our service men and women. Patty's son, Kyle, is finally back from
Afghanistan. Don't take ourselves too seriously, and do a random act nfkindness.
Peterson adjourned the meeting at 9:50 p.m.
Patricia Muscovitz CMC
City Clerk
RESOLUTION NO. 2010-60
RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL
PROPERTY LOCATED AT 3846 TYLER STREET NORTHEAST IN THE CITY AND ASSIGNMENT
THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED By the City Council (the "Council") of the City of Columbia Heights, Minnesota (the "City") as
follows:
Section 1. Recitals.
1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD
Redevelopment Project (the "Project") within the City. which was established under Minnesota Statuns, Sections 469.001 to
409.O47 (the ^RDA Act").
1�2. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure
problems and remediate and prevent the emergence ofblight.
1.0I The City. as a state public body under Section 469.041 of the 8DA Act, is authorized to make contributions to
the Project.
1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions
by negotiating with sellers and entering into purchase agreements on behalf of the Authority.
105. City staff have negotiated a Real Estate Purchase Agreement with Larry Bieman (the "Seller") dated as of July
23, 2010, including all related addenda and disclosures thereto (collectively, the "Purchase Agreement"), for real property located
at 3846 Tyler Street Northeast and legally described as follows: Lot 6, Block 4, Wu|mno |" Subdivision of Reservoir Hills (the
"Property"), which Pijrchase Agreement is contingent upon approval by the City Council.
1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon
acceptance by the Authority n[ such assignment.
1.07. The Purchase Agreement has been prepared and submitted and is on file with the City Manager.
Section 2. Approval and Assignment.
2.01. The Purchase Agreement for the Property is hereby approved, arid the execution ofthe Purchase Agreement by
the City is hereby ratified. Pursuant to the purchooc Agreement, the City will purchase the Property' for up»o $50.000. City staff
and officials are authorized and directed to take all such other actions to complete the purchase ofthe Pmpcuy, including without
limitation execution of all documents and agreements retated 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's interests in the Purchase Agreement to the Authnrity, including without limitation execution of any documents and
agreements necessary to effectuate such assignment.
RESOLUTION NO. 2010-61
RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL
PROPERTY LOCATED AT 4421 5th STREET NORTHEAST IN THE CITY AND ASSIGNMENT
THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED By the City Counci|(/hc^^Counci|'')ofthnCityo[Co|umhiuH6ghm,Minnantu(the^City^)as
follows:
Section 1. Recitals.
1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD
Redevelopment Project (the "Project") within the City, which was established under Minnesota Statutes, Sections 469.001 to
469.O47 (the "HR/\Act'`).
1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure
problems and rcmedimcund prevent the emergence ofbtight.
City Council Minutes
Monday, July 26, 2010
Page 10 of 13
1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to
the Project.
1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions
by negotiating with sellers and entering into purchase agreements on behalf of the Authority.
1.05. City staff have negotiated a Real Estate Purchase Agreement with RVM Inc/ The Relocation Center (the
"Seller ") dated as of July 17, 2010, including all related addenda and disclosures thereto (collectively, the "Purchase
Agreement "), for real property located at 4421 5th Street Northeast and legally described as follows: Lot 21, Block 18, Columbia
Heights Annex (the "Property"), which Purchase Agreement is contingent upon approval by the City 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.
1.07. The Purchase Agreement has been prepared and submitted and is on file with the City Manager.
Section 2. Approval and Assignment.
2.01. The 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 $39,900. 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's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and
agreements necessary to effectuate such assignment.
RESOLUTION NO. 2010-62
RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL
PROPERTY LOCATED AT 1309 CIRCLE TERRACE BLVD NORTHEAST IN THE CITY AND
ASSIGNMENT THEREOF TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
BE IT RESOLVED By the City Council (the "Council ") of the City of Columbia Heights. Minnesota (the "City") as
follows:
Section 1. Recitals.
1.01. The Columbia Heights Economic Development Authority (the "Authority") administers the Downtown CBD
Redevelopment Project (the "Project ") within the City, which was established under Minnesota Statutes, Sections 469.001 to
469.047 (the "HRA Act ").
1.02. The Authority has undertaken a program to acquire homes in the Project in order to address foreclosure
problems and remediate and prevent the emergence of blight.
1.03. The City, as a state public body under Section 469.041 of the HRA Act, is authorized to make contributions to
the Project.
1.04. In order to acquire certain properties in a timely fashion, the City has determined to assist with such acquisitions
by negotiating with sellers and entering into purchase agreements on behalf of the Authority.
1.05. City staff have negotiated a Real Estate Purchase Agreement with Federal National Mortgage Association (the
"Seller ") dated as of July 15, 2010, including all related addenda and disclosures thereto (collectively, the "Purchase
Agreement "), for real property located at 1309 Circle Terrace Blvd Northeast and legally described as follows: Lot 9 Block I
Circle Terrace 2 " Subdivision (the "Property"), which Purchase Agreement is contingent upon approval by the City 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.
1.07. The Purchase Agreement has been prepared and submitted and is on file with the City Manager.
Section 2. Approval and Assignment.
2.01. The 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 $89,900. 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's interests in the Purchase Agreement to the Authority, including without limitation execution of any documents and
agreements necessary to effectuate such assignment.
RESOLUTION 2010 -56
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article 11, of City Code, of the property owned by Carlos Morales (Hereinafter
"Owner of Record").
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City Council Minutes
Monday, July 26, 2010
Page 11 of 13
Whereas, the owner of record is the legal owner of the real property located at 675 47 Avenue N.E. Columbia Heights,
M innesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record on May 27, 2010.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on April 27, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on May 27, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
3. That on June 8, 2010 a extension was requested and granted.
4. That on July 8, 2010 inspectors reinspected the property and found that violations remained uncorrected.
5. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall sod /seed/landscape bare areas of yard.
6. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 675 47 Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be. have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 675 47' Avenue N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2010 -57
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving abatement of
ordinance violations pursuant to Chapter 8, Article I1, of City Code, of the property owned by Michael Plemel (Hereinafter
"Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 841 49' Avenue N.E. Columbia Heights,
Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article 11, Section 8.206, written notice setting forth the causes and
reasons for the proposed council action contained herein was sent via regular mail to the owner of record on June 30. 2010.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on May 17, 2010 an inspection was conducted on the property listed above. Inspectors found violations. A
compliance order was sent via regular mail to the owner at the address.
2. That on June 30, 2010 inspectors reinspected the property listed above. Inspectors noted that violations remained
uncorrected. A compliance order and statement of cause was mailed via regular mail to the owner listed in the property
records.
3. That on July 16, 2010 inspectors reinspected the property and found that violations remained uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations of City Codes(s) were
found to exist, to wit: Shall replace the missing /rotted soffits /fascia on the garage and shall cut down /remove all /any tall
grass and /or weeds (SCRUB GROWTH AND DISPOSE OF BRUSH) throughout the property.
5. That all parties, including the owner of record and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code Section 8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 841 49' Avenue N.E. is in violation of the provisions of the Columbia Heights City Code as
set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing. and any other hearings
14
City Council Minutes
Monday, July 26, 2010
Page 12 of 13
relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant, or tenant, as the case may
be, have expired, or such rights have been exercised and completed.
ORDER OF COUNCIL
1. The property located at 841 49` Avenue N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
RESOLUTION 2010 -58
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article
IV, Section 5A.408(A) of that certain residential rental license held by Dan Krick (Hereinafter "License Holder ").
Whereas, license holder is the legal owner of the real property located at 4333 Washington Street N.E. Columbia Heights,
Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on July 2, 2010 of an public hearing to be held
on July 26, 2010
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on or about May 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the
rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property
records.
2. That on July 2, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed.
A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees
4. That all parties. including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A).
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F9785 is hereby
revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder:
3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
RESOLUTION 2010 -59
Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A. Article
IV, Sertinn 5 A 4(18(A) of that certain residential rental li held by I arty Wakeman (Hereinafter "License Holder ")
Whereas, license holder is the legal owner of the real property located at 4606 -08 4` Street N.E. Columbia Heights, Minnesota,
Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons
for the proposed Council action contained herein was given to the License Holder on July 6, 2010 of an public hearing to be held
on July 26, 2010.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City
Council of the City of Columbia Heights makes the following:
FINDINGS OF FACT
1. That on or about May 15, 2010, inspection office staff sent a letter requesting the owner of the property to renew the
rental license for this property. The letter was mailed by regular mail to the owner at the address listed in the property
records.
2. That on July 2, 2010 inspection office staff reviewed the property file and noted that the property remained unlicensed.
A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records.
3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential
Maintenance Code were found to exist, to -wit: Failure to submit renewal rental license application and fees and failure to
schedule an annual rental relicensing inspection
4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of
this hearing according to the provisions of the City Code, Chapter 5A, Article 111 5A.306 and 5A.303(A).
15
City Council Minutes
Monday, July 26, 2010
Page 13 of 13
ORDER OF COUNCIL
1. The rental license belonging to the License Holder described herein and identified by license number F9832A is hereby
revoked;
2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license
held by License Holder;
3. All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order
revoking the license as held by License Holder.
16
ECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE REGULAR MEETING
JUNE 22, 2010
The meeting was called to order at 7:00 pm by President -Gary Peterson.
Members Present: Bruce Nawrocki, Tammera Diehm, Gary Peterson, Gerry Herringer, Bruce
Kelzenberg, Marlaine Szurek, and Bobby Williams (arrived at 7:10 pm).
Staff Present: Walt Fehst, Scott Clark, Sheila Cartney, and Shelley Hanson.
2. PLEDGE OF ALLEGIANCE- RECITED
3. ECONOMIC DEVELOPMENT SUMMIT
Clark explained that as a prelude to the goals and strategy meeting that will take place later
this summer, he invited a few Developers to attend this meeting to address two questions.
1) Their perspective on the Columbia Heights Market and how to promote the community, &
2) Perspectives on market possibilities for the Mady's site.
Clark stated he had given the Developers a list of potential redevelopment sites that included:
1. Mady's site (including the Burger King site) - -39` and Central -3.89 acres
2. Root Property 10` and University -2.58 acres
3. Huset Park Phase III -37` and University (east side) -6.22 acres
4. 51 Court (including Crosstown Eatery property) -3.58 acres
5. Central Value Mall (Rainbow Foods Center) -4300 Central -10.15 acres
6. 37 and Central—.66 acres
7. Jackson and 40` Ave - -.37 acres
8. Wagamon Bros property -37` and ersit■ vest side)- -1.92 acres
Clark then introduced the four developers invited to participate in this discussion and gave
brief backgrounds on each one:
1. Chris Barnes and Ross Stitely were present from Dominium Corporation. They work
mainly with larger, upscale rental housing such as the St. Anthony development.
2. Frank Dunbar was present from Dunbar Development. He works mainly with projects
that incorporate Sr. Housing, Libraries, City Halls, Student housing, or a combination
of them.
3. Collin Barr was present from Ryan Companies. He deals mainly with
commercial /retail development or small light industrial development.
4. Bruce Carlson - (formerly United Properties) was invited, but was unable to attend.
Clark asked them what they saw as the strengths and weaknesses of Columbia Heights and
what options they view as being successful for our city.
a) Chris Barnes said access is our best asset and we should promote that aspect in
all future development. He sees the biggest disadvantage is that the City has no
draw to keep people here such as shopping or entertainment venues.
b) Collin Barr said he is half developer and half builder who sees our city as
having aged housing with little options to play or shop here. In order to draw
corporate employers to this area, the city needs to land some bigger sites to add
shopping and entertainment opportunities.
c) Frank Dunbar talked about the demographics of the baby boomers and the
younger generation now entering the work force, and how their housing choices
differ. He said the younger generation is looking to more contemporary
17
EDA MINUTES
PAGE 2
JUNE 22, 2010
housing that meets their needs and active lifestyles, and offers amenities they tend
to use. The traditional housing the baby boomers sought is not as desirable to the
younger generation. He said 70% of people in their 20's live in rental housing.
Ideally, he thinks we need to provide our senior population with convenient, rental
buildings with lots of activities so they will move out of the homes that have
become aged and outdated. Seniors tend to stay close to where they have lived for
a long time, if the right housing is provided as an option. Then we need to replace
that aged housing with more contemporary, upscale buildings so we attract younger
people who have disposable income.
Diehm asked the developers to give their perspective on what comes first, the replacement of
the housing or the addition of retail and entertainment space. How do we make ourselves
more attractive?
a) Chris Barnes said the Council needs to put a plan together of what type of
development they want in the City. He said that St Anthony's plan took
more than three years to put together. Once in place, it was launched all
at once and included both housing and retail /office development. Chris
acknowledged that Columbia Heights doesn't have a large enough site to
do something on that scale.
b) Collin Barr agreed the city needs to envision what they want to do and
make it happen over time.
Peterson asked what type of housing Frank would recommend. Frank said he thinks the Coop
and Condo market has run its course. Seniors tend to want quality rental now instead. It
gives them better liquidity options for health care changes. It also makes it easier for families
who have to deal with aging parents. He told the members to quit looking in the rear view
mirror. The elected officials need to look at what the population wants, and what the trends
are. Peterson stated that building more rental units here is a hard sell due to past experience,
but he also acknowledged the City needs to change its image.
Herringer asked if the developers could state in a dozen or so words what comes to mind
when they think of Columbia Heights.
a) Collin labeled it a "Tweener". It's one you drive through and that it's
easily forgettable. He said that developers are fairly neutral on the city
and would be willing to re- develop a site if an opportunity arose.
b) Chris said he wasn't real familiar with Columbia Heights, but liked the
proximity to other places. He didn't think it has a real identity of its own
and viewed it as a neutral place to do development.
c) Frank has built in communities surrounding Columbia Heights, but never
here. He said the biggest problem Columbia Heights has is there aren't
enough residents with disposable income. He went on to say that
Columbia Heights has very dated multi family units that draw residents
that have limited discretionary incomes. It is an economically challenged
community, and therefore, businesses do not want to locate there. He
said the city needs to become more contemporary and construct upscale,
higher priced rental. This will bring in people who have higher incomes
and then restaurants and retail will most likely follow. He
acknowledged the City may have to fill an economic gap to make a
project work which will take some risk, but will be necessary to break the
cycle.
18
EDA MINUTES
PAGE 3
JUNE 22, 2010
Clark stated that members had doubts about the long term sustainability of the proposed rental
project that was recently turned down for the Grand Central site. He asked the developers if
they thought the price point of $ l .30- $1.50 /sf could be sustained on that site. Chris from
Dominium said the St Anthony site has a price point of $1.30 /sf, but it has other things to
offer in the area. He didn't think the Grand Central project could sustain a higher price point
without other area re- development to go along with the project.
Nawrocki said he is aware that Columbia Heights has one of the lowest household income
levels in the Twin Cities. He asked how Columbia Heights could increase business and retail
with that demographic level? Colin responded that that is the problem and why developers
won't seek out development here. And it makes it more difficult because our re- development
sites are not that large.
Diehm said what she was hearing from the developers was that Columbia Heights needs to
draw residents with higher income levels and in order to do that, the City needs to put a plan
into effect and build better housing and /or rental complexes that offer upscale finishing and
amenities.
Frank agreed, there is a need to get present owners into newer senior housing and tear down
and redevelop the housing stock. He said we should get rid of the dated homes, as they have
nothing to offer the younger generation with the most disposable income. Columbia Heights
needs to draw people in the right demographic income bracket to bring in the rest. He stated
the trend is that young people want to live close to the city, but in nice housing, with
entertainment options close by. Frank said it may be a slow process to achieve that goal.
Clark said NE Minneapolis has been re- vitalizing in some areas, but it seems to stop south of
us. He sees part of the problem being that the commercial property along Central Avenue is
located on such small sites. He then asked the developers what they envisioned as a potential
project for the Mady's site at 39` and Central Ave. Frank responded that he thought a project
that made a statement to the community such as building a city hall facility and /or library
facility along with some senior housing and small retail would probably work there. He said
they are in the process of constructing something very similar in Norwood /Young America.
Nawrocki asked the developers if the city obtained a site and did the clean -up on it, if it makes
it any more attractive to a developer. Collin said a little. but not much without the addition of
newer housing or an active senior housing complex close by.
Clark told the developers about the possible street car project that Minneapolis is pursuing.
He asked if something like that would be an economic tool the City could use to promote
other development. Colin said he has read mixed reviews on transit lines and how they
impact local business along the lines. He said studies show it generally has little market
impact or on increasing property values nearby. Clark said he looked at it more as an
opportunity to change the image of the city by focusing on something different that the city
has to offer. The Heights Theater was brought up as an example of something that is unique
to Columbia Heights that draws people from other communities to ours. The developers said
that is the type of thing that is needed to promote Columbia Heights. but we need to build and
expand on other things to keep people coming into the community to spend their money.
Frank said if the City decides that is the heart of the community, then the surrounding area
should be targeted for re- development.
19
EDA MINUTES
PAGE 4
JUNE 22, 2010
Clark asked the developers to name other cities they feel have re- defined themselves.
a) Frank said St Louis Park. He said it was tired and dated also, but they pushed
the envelope to make changes. They tore down a lot of properties and
completely re- built. It was a huge project to re- create their downtown area.
He said most of the re- development has been focused around Excelsior Blvd
and Grand, along 36 Street, and along Hwy 7. He said they realized if you
want to raise disposable income of residents, and bring in retail to meet their
needs, then you have to do something drastic. St. Louis Park set aside some
the their Planning & Zoning codes in order to achieve their larger goal.
Cartney said that the St. Louis Park project also raised the income levels of
their residents by providing places to shop and play close to home that resulted
in them only having 50 foreclosures in the last few years compared to
Columbia Heights' 740 foreclosures.
b) Chris said St Anthony is another city that has re- defined itself with the re-
development of the old Apache Plaza site. He said that project offers a mix of
income levels.
Clark said he feels a lot of the businesses in Columbia Heights are marginal and cater to a
limited number of the population. He doesn't feel these businesses are an asset to the
community. nor are they going in the right direction as far as improving the city's image. He
asked if there is a point when that can't be reversed. Frank said it can always be changed, but
city officials need to focus on a plan to change things and stick to it. He said the biggest thing
that has to change is attitude. City officials will need to concentrate on their plan and have a
positive attitude that things throughout the city can change.
Nawrocki asked them what they thought it would take to put together a viable project for the
commercial piece on 47 and Central Avenue since no one has been able to do that yet.
Colin said that piece blends into the rest of the development happening there. He said this site
is removed from the Central downtown area. He thinks that some type of Active Sr. Housing
or upscale rental could work in conjunction with a retail anchor or small industrial business
such as a Fed Ex location. With the freeway access so nearby, it would be a good place for
that type of business.
Chris wouldn't comment on development of the commercial piece since he deals mainly in
residential /rental complexes.
Fehst said changes in the law regarding eminent domain have hurt cities ability to increase or
replace industrial businesses. The developers agreed this has had a negative impact on cities.
The developers were asked if they would consider Aldi's as a quality retail component for the
city. Colin and Frank both said yes, especially if mixed with a Sr. Housing complex nearby.
Peterson thanked the developers for coming and felt the information received was
encouraging and helpful.
20
EDA MINUTES
PAGE 5
JUNE 22, 2010
Diehm said she feels the City needs to look towards the future and to make changes that will
attract residents with higher incomes to spur further development.
4. CONSENT AGENDA
1. Approve the Minutes of May 25, 2010.
2. Approve the Financial Report and Payment of Bills for May 2010 per Resolution 2010-09
Nuwrocki questioned some of the payments:
Linders-Refund for CUP
Randy Yeary-Refund on Site PIan
Sargent payment-tuition reimbursement
He stated that these payments have already been approved by the City Council, so he
questioned why the EDA needs to approve them again. Clark told him it has to be
approved by both bodies because the payment of bills aren"t separated and are made from
different sources ofrevenue. Sorne are paid from revenues generated from permit fees
collected and some are paid from EDA or HRA levies, which would require the
appropriate Board's approval.
Fehst suggested Nawrocki ask the Auditor if the bills needed to be approved twice.
Motion br/}/ehn/. seconded bvKebenberg,/o waive the Reading of Resolution 20/0-0V.
there being aniple copies available to the pubfic. All ayes. MOTION PASSED.
&6///v/,6nI)/eh/n.xexonued6u'Kelzxnbe/g,/o/ylyrovc/hu/n/nu/oxund(oudpt
Resolution 2010-09. approving Financial Report and payment nf bills for May 2010. All
ayes. MOTION PASSED.
EDA RESOLUTION 2010-09
RESOLUTION OF THE COLU I; IA HRIGHTS ECONOMIC DEVELOPMENT AUTHORITY
(EDA) APPROVING THE FINANCIAL STATEMENT FOR MAY 2010 AND PAYMENT OF BILLS
FOR TIIIE MONTH OF Y 2010.
WHEREAS, the Colurnbia Heights Economic Development Authority (EDA) is required by Minnesota
Statutes Section 469.096, Subd. 9, to prepare a detailed financial staternent which shows all receipts and
disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the
ED&'o credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bilis and
ifcorrect, to approve them by resolution and enter the resolution in its records, and
WHEREAS, the financial statement for the month of May 2010 has been reviewed by the EDA Commission;
and
WHEREAS, the EDA has examined the financial statement and finds them to be acceptable as to both form
and accuracy; and
WHERIEAS, the EDA Cornmission has other means to verify the intent of Section 469.0V6,Subd. 9, including
but not limited inComprehensive Annual Financial Reports, Annual City approved Budgets, Audits and
similar documentation; and
EDA COMMISSION MINUTES
PAGE 6
JUNE 22, 2010
WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the
State of Minnesota's Records Retention Schedule,
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights
Economic Development Authority that it has examined the referenced financial statements including the check
history, and they are found to be correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check
history as presented in writing is approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia
Heights Economic Development Authority.
BUSINESS ITEMS
5. GMHC -2 Amendment to Redevelopment contract with GHMC for redevelopment of
3805 2 St- Resolution 2010 -10
On November 27, 2007 the EDA entered into an agreement with Greater Metropolitan Housing
Corporation (GMHC) for the redevelopment of the residential property located at 3805 2 Street. At
that time the property contained one single- family house on a double lot. As part of the agreement
GMHC was to demolish the house and redevelop the site with two new single - family homes, with
financial assistance from the EDA. The EDA agreed to provide $86,647 in funding to make this
project feasible for GMHC. The $86,647 was obligated through the Anoka County HRA levy.
To date the existing house has been demolished and no further activity has taken place on the site.
GMHC requested a contract extension in 2009 that was approved by the EDA, changing the
commencement date to May 1, 2010 and completion date to December 31, 2010. GMI-IC is
requesting another one -year extension.
In addition to the extension GMHC is requesting an additional amendment to the minimum
improvements (Schedule B). GMHC would like to add an alternative house plan to the minimum
improvements.
The table provides a comparison of the major differences
Approved Alternate Proposed
Two -story Split -entry
3bd 2.5bath 3 BR, 2 bath
Detached 2 -car garage Attached 2 -car garage
Large front porch Small front porch
Master Suite with walk in closet and master bath No master suite
Formal Dining Room Dining kitchen area in one space
Allowing for the alternative plan provides more options for GMHC houses. The Split -entry home is
cheaper to build but is 50 Square feet larger than the two - story.
Staff recommends the EDA direct staff to amend the agreement to extend the completion dates by
one year and to allow the alternate plan.
Questions from members:
Nawrocki asked Bill Buelow from GMHC why they hadn't started yet. He said with the downturn in
the market, they are cautious about building a house on spec and therefore, are looking to save some
additional money to construct the home. The original plan cost more to construct than the proposed
22
EDA MINUTES
PAGE 7
JUNE 22, 2010
split level plan. Bill said the new style home would have a finished basement, so it would actually
have more square feet. Uc explained that all the mechanical, fix1uncsand finishing would hcthe
same. Nawrocki then asked how much we've paid them. Cartney told him nothing yet, but we are
committed to pay thern $86,647 for two houses to be constructed from Anoka HRA Levy money.
Herringer asked if[}M}{C planned to build two houses of the same style on the two lots. Bill said
that was the plan, but that he would make modifications to the exteriors so they would be slightly
different. Bill said one nice feature with the proposed split entry design is that they will have
attached garages, rather than detached garages that were proposed with the two story design.
The general consensus of the members was they would like to see two different designs. They asked
him ifbcwould be willing to construct two different styled homes. He said that he would be open to
that. He told the Board that his main goal is to get the extension in place. Ifhe gets approval to build
the first house with the Split Style, he will bring back a design for the second one before they
construct that one.
Navvrocki asked if this is upgrading our housing stock. He isn't impressed with the design of this
house, nor the two they built on Jefferson. Peterson pointed out these are larger houses with attached
garages, and are as large as can be built on lots this sized. They will sell for approximately $200,000
versus the average price of$|OU,000 that houses in that area are selling for now.
Resident, }effDiehno' stated the houses that were built on Jefferson St. were a big improvement to
that block which is what the developers were telling us we must do.
Bill Buelow told members they have been rehabbing some houses in Minneapolis and making them
more contemporary. Diehm asked if a tour could be arranged to view what changes they have made
to the properties. Cartney wilt schedule something with Bill and let the members know.
Motion 6y0iuho/.seconded byKe6en6crg, ao waive the reading of the revised Resolution 20}0'{0,there
being oo ample amount of copies available /o the public. All .Ayes. MOTION PASSED.
Motion /n'Diehn/ seconded /y S= to Adopt Resolution 2010-10, Second Amendment /o Contract for
Private Redevelopment 6y and between the Columbia Heights Ecm,om/c Development Authority, Columbia
Heights, Minnesota and the Greater Metropolitan Housing Corporation dated Noren/6crZ7,2007, to change
commencement and completion dates /V'one yvorm,dxnoDon'oncY/)6o6o/oa/be/ng built mbeosplit-entry
clesign as an alternative plan. All ayes. MOTION PASSED.
EDA Resolution 2010-10
Second Amendment to "Contract for Private Redevelopment by and Between the Columbia Heights
Econornic Deve!opment Authority, Columba Heights, Minnesota and Greater Metropolitan Housing
Corporation" dated November 27,2007
WHEREAS, the Coliimbia Heights Economic Development Authority (EDA) entered into an agreement
entitled, "Contract for Private Redevelopment by and Between the Columbia Heights Economic Development
Authority, Columbia Heights, Minnesota and Greater Metropolitan Housing Corporation, dated as of
November 27, 2010, as amended by a First Amendment dated January 27, 2009 (the Agreement), and
WHEREAS, the Agreement contract outlined the terms and conditions for redevelopment of property
addressed as 3805 Second Street, and
23
EDA MINUTES
PAGE 8
JUNE 22, 2010
WHEREAS, the end result of the redevelopment is the construction and sale of two single family homes by
Greater Metropolitan Housing Corporation, and
WHEREAS, Section 4.3 (a) "Completion of Construction" requires a commencement date of May 1, 2010
and a construction completion date of December 31, 2010,
WHEREAS, due to economic conditions causing declining sales prices the redevelopment project has been
delayed, and
WHEREAS, the parties have determined to modify the Agreement in order to accommodate a change in the
construction schedule and certain other details.
NOW THEREFORE BE IT RESOLVED, by the board of commissioners of the Columbia Heights
Economic Development Authority as follows:
1. The EDA approves a Second Amendment to the Agreement in substantially the foiiii on file in City
Hall.
2. The EDA's president and executive director are authorized and directed to execute the Second
Amendment, with changes that do not alter the substance of the transaction; provided that execution of the
document by those officials will be conclusive evidence of their approval.
SECOND AMENDMENT TO
CONTRACT FOR PRIVATE REDEVELOPMENT
THIS AGREEMENT, made on or as of the day of 2010, by and between
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, COLUMBIA HEIGHTS,
MINNESOTA, a public body corporate and politic (the "Authority"). established pursuant to Minnesota
Statutes, Sections 469.090 to 469.1081 (hereinafter referred to as the "Act "), and GREATER
METROPOLITAN HOUSING CORPORATION ("GHMC"), a Minnesota non - profit corporation (the
"Redeveloper ").
WHEREAS, the Authority and Redeveloper entered into that certain Contract for Private
Redevelopment dated as of November 27, 2007, as amended by a First Amendment thereto dated January 27,
2009 (the "Contract ") providing for the redevelopment of the property described in the Contract as the
Redevelopment Property; and
WHEREAS, in light of changing economic circumstance, the parties have determined to modify
certain aspects of the redevelopment described in the Contract.
NOW, THEREFORE, in consideration of the premises and the mutual obligations of the
parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Section 4.3(a) of the Contract is amended to change the required commencement of
construction from May 12, 2010 to May 1, 2011; and to change the required completion date from December
31, 2010 to December 31, 2011.
2. Schedule B of the Contract is amended to include an alternative housing style as part of
Schedule B attached to the prior Contract. The alternative housing style may be used for one lot, not both.
3. The Contract remains in full force and effect and is not modified except as expressly provided
herein.
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name
and behalf and its seal to be hereunto duly affixed and the Redeveloper has caused this Agreement to be duly
executed in its name and behalf on or as of the date first above written.
24
EDA MINUTES
PAGE 10
JUNE 22, 2010
SCHEDULE B
Revised Concept Materials for Redevelopment
6. ADMINISTRATIVE REPORT
Clark informed members that GMHC is applying for CRV funds that will be used to renovate
homes. They are applying for $500,000 in funding which they estimate will help rehab 12
homes in our city. The name of the program is Columbia Heights Foreclosure Initiative. The
City does not have to match funds, nor is a Resolution needed. GMHC only needs a letter of
support to accompany their application. They plan on concentrating their efforts from 40`
Avenue to 46 Avenue — Central to Main Street.
Clark asked members if they wanted to hold their goal setting session in July or August. He
told members the next scheduled meeting date is July 27 for both HRA and EDA, however
there are no business items for those agendas. Members thought we should still hold the HRA
and EDA meetings on July 27 at Parkview Villa and schedule the goal setting session for the
August meeting.
Nawrocki noted that Diehm suggested we hold the goal setting retreat, but disputes that the
Board ever directed staff to go ahead and set one up. He said the Board never directed staff to
contact developers either for the session held at tonight's meeting, that it was staffs idea to do
this. Nawrocki stated goals were established several years ago and the goals on that list
haven't been completed yet, so why add new ones. He thinks it is a waste of time and money
to do this. He listened to the developers and they are pushing additional rental housing. He
doesn't think the City needs more rental property or a Caribou Coffee. and since we can't
afford to do anything for a while, why waste our time.
Members disagreed with him and said the rental projects the developers were talking about is
different from what we now have available in the city. We need to offer upscale housing in
order to draw younger people in higher income brackets to our City. It is the only way we
will turn the city around. Peterson stated that the city needs to establish a plan and this goal
setting session is a good time to set one in place. Nawrocki disagreed and said we don't need
a plan and we probably can't accomplish much anyways.
Clark stated the EDA body is different from the Council. The EDA's job is to be the City's
business arm. with the goal of community betterment. The Board needs to ask itself where
the city is and where it wants to be. Is the Board satisfied with the businesses it is attracting?
We need to focus on the good things that we have and develop a plan on how to keep moving
in the direction we wish to go. We need to manage the change. Szurek agreed that we need a
plan and as the economy improves, then we start to implement the plan. Fehst said we can't
keep doing everything the same. The developers said the same thing. They admitted they
aren't doing things the same way they did five years ago either. Dynamics of the economy,
changing demographics, energy consumption, lifestyle trends, etc. all impact the types of
development projects that will be successful and draw people to a community.
Diehm questioned Nawrocki as to why he thought it was a waste of time and money to listen
to opinions from developers who are successful and who know the market trends. She
reminded Nawrocki that no one, except staff, has been paid thus far in this process of re-
focusing on our goals and establishing a plan. Nawrocki commented that too much staff time
is being spent on this and that we are over staffed if time is being spent in this manner.
25
EDA MINUTES
PAGE 10
JUNE 22, 2010
Fehst stated that Nawrocki accuses everyone that the Council doesn't know what is happening
and what staff is doing. He said the City needs to look to the future and it is staff's job to lead
the way and present ideas and plans to the Council and EDA Board so informed decisions can
be made that better the community.
The discussion then turned to some of the new businesses in town and how they affect the
image of our community. The recent raid that took place at Pyromaniacs was discussed.
Members were upset with the signage that had been displayed prior to their opening. Clark
explained that the Mayor and Police Chief were also concerned and that a letter was sent to
the owners prior to them opening telling them the City had a zero tolerance when it came to
promoting drug paraphernalia. They also had been warned prior to the raid being
implemented. Clark stated that citations had been issued and it will be up to the Courts to
decide if the materials seized are indeed drug related paraphernalia rather than allowed
tobacco related products. The difference between smoke shops and miscellaneous cigarette
sale licenses was also discussed. Many of the members felt allowing smoke shop licenses at
all was a mistake since they seem to be operating outside the intent of the Freedom to Breathe
Act. The Board was reminded that staff had suggested the Council define sampling or to at
least limit the area in which sampling could take place, but the Council elected not to and
decided to limit the number of shops that could operate in the city instead. The City does
have the right to make requirements stricter than what is laid out in the Freedom to Breathe
Act.
Members also discussed the issue that some of the new businesses have caused an increase of
cars parking in residential areas rather than using the overflow parking lots that should be
used instead. This issue may have to be referred to the Traffic Commission if complaints are
received.
7. OTHER BUSINESS
Clark explained the Commission would be moving into an Executive Session. He explained the legal
procedure that must be followed during this meeting to the members before adjourning to the session.
Move to Executive Session at 9:20 pm - To discuss negotiations to acquire Mady /Foss
property at 3919-3927 Central Avenue with possible reference of 3901 Central Avenue.
The meeting was adjourned at 9:55 pm.
Respectfully submitted,
Shelley Hanson
Secretary
26
HOUSING & REDEVELOPMENT AUTHORITY
MINUTES OF THE SPECIAL MEETING
OF MAY 25, 2010
1. Call to order — The meeting was called to order by Chair Diehm at 8:10 pm
2. Roll Call — Chair: Tammera Diehm. Members: Bobby Williams, Bruce Nawrocki, Bruce
Kelzenberg, Dennis Ecklund, and Gary Peterson
Staff Present: Executive Director-Walt Fehst, Community Development Director-Scott
Clark, Assistant Community Development Director -Sheila Cartney, and Secretary-
Shelley Hanson
Parkview/CommonBond staff: Laura Sheak, Jennifer Eels, and Lisa Wilcox-Erhardt
3. Pledge of Allegiance - Recited
CONSENT AGENDA
4. Approve Minutes from January 26, 2010 and March 1, 2010
5. Approve Financial Report and Payment of Bills for January, February, March, and
April 2010 on Resolution 2010-03.
Nawrocki questioned a payment for $37,080 to Project One Construction. Lisa stated that
was a payment for the remodeling work for 3 and 4 floor remodeling. There was some
confusion because the General Ledger showed the payment going to BWBR Architects
who is overseeing the project. Lisa stated this was probably an error in the journal entry
because the payment did go to the contractor.
Nawrocki then asked again about the servicing/administration fee that is charged for City
Staff to oversee the operations of Parkview Villa. He again stated he thinks the amount is
out of line and requested a breakdown of the fees. He was told he received that
information the last time he requested it. Clark reminded him and the board that this
figure is an amount set by the EDA and City Council during the budgeting process.
Nawrocki then questioned the personnel costs of CommonBond staff and whether the
costs were going to go over budget. Lisa stated the salary expenses are on target with the
amount budgeted.
Motion by Williams, seconded by Kel=enberg, to approve the consent agenda items as
listed and to approve Resolution 2010-03, Resolution of the Columbia Heights Housing
and Redevelopment Authority (HRA) approving the Financial Statement and Payment of
Bills for the months of January, February, March and April 2010. All Ayes. MOTION
PASSED.
HRA RESOLUTION 2010-03
RESOLUTION OF THE COLUMBIA HEIGHTS HOUSING & REDEVELOPMENT
AUTHORITY (HRA) APPROVING THE FINANCIAL STATEMENT FOR JANUARY,
FEBRUARY, MARCH AND APRIL OF 2010 AND PAYMENT OF BILLS FOR THE MONTHS
OF JANUARY, FEBRUARY, MARCH AND APRIL 2010.
WHEREAS, the Columbia Heights Housing and Redevelopment Authority (HRA) is required by
27
HRA Minutes
Page 2
May 25, 2010
Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all
receipts and disbursements, their nature. the money on hand, the purposes to which the money on hand is
to be applied, the HRA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the HRA to examine the statement and treasurer's vouchers or
bills and if correct, to approve them by resolution and enter the resolution in its records; and
WHEREAS, the financial statement for the months of January. February, March and April of 2010 and
the list of bills for the months of January. February, March and April of 2010 are attached hereto and
made a part of this resolution; and
WHEREAS, the HRA has examined the financial statement and the list of bills and finds them to be
acceptable as to both form and accuracy.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights
Housing & Redevelopment Authority that it has examined the attached financial statements and list of
bills, which are attached hereto and made a part hereof, and they are found to be correct, as to form and
content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the list of
bills as presented in writing are approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the permanent
records of the Columbia Heights Housing & Redevelopment Authority.
Passed this 25 day of May, 2010.
BUSINESS ITEMS
6. Report of the Management Company
Laura asked if there were any questions on the newsletter items or on the maintenance reports.
Diehm stated she thought the reports were very thorough and helped keep members apprised of
the various issues that are dealt with by management staff.
Nawrocki asked why the Police Reports for the property are not being included in the reports any
longer. Laura told members that since the department moved into the new building they have
not provided the information to her. The City Manager will check to see why the policy was
changed as the members would like to have this information provided.
Laura also informed members that the generator in the south huilding needs to he replaced. She
estimates the cost will be about $6,000. Laura said it is essential to have this done as soon as
possible as it provides emergency power and was needed at least three times last year.
Laura also reported the 3 floor remodeling is almost done. They are in the process of doing
some miscellaneous finishing and basic clean up work.
She then reported to the members that there have been a few violations of the no smoking
policy'. Laura informed the members that residents are being given 3 written warnings of the
violations to their leases. If there are violations after that, they will be evicted and staff will
attempt to help the resident find a new place. The Board agreed with the policy being followed.
28
HRA COMMISSION MINUTES
PAGE 3
MAY 25, 2010
7. Resident Council Minutes
Ecklund reviewed the Resident Council minutes and Treasurer's Report. He passed out a copy
of the Treasurer's report showing the expenditures and balances for review.
8. Citizen Forum
All of the following comments were regarding the Resident Council By -Laws:
Laverne Harper expressed her dissatisfaction that votes are not counted right away and that the
residents don't know the outcome of the vote until after the meetings. She doesn't feel that is
right.
Jan Honeyford #205 -She also complained that now that paper ballots are being used, and are
counted later, the results of votes aren't known. She felt they should be counted immediately
during the public meeting. She didn't like the secrecy of how it is being handled.
Barb Camp #608- Didn't agree with the draft of the new bylaws regarding how to handle
vacancies. She thinks the Resident Council should vote on a replacement no matter when in the
term a vacancy occurs.
Terry White #509- Questioned why Denny can't serve on the Resident Council Board if he is a
member of the HRA Board. She stated he wasn't told this and felt it is unfair.
Diehm explained the reason that restriction was put into the new By -laws draft. She said it
works much the same way as a Council Representative who sits on a commission as a liaison,
but is not a voting member. It eliminates anyone having too much influence over decisions, but
is there instead, to gather information and bring back any issues to the Board that may need to be
addressed.
Diehm then told the residents that the new by -laws draft is meant to be a guide for them to work
from. The By -laws are for the residents and will be voted in by them, not the HRA Commission.
They can be changed to accommodate the changes that were mentioned by some of the tenants
tonight. Si this seems to he the topic citizens wan to address tonight, she moved that item on
the agenda forward to be discussed at this time.
9. Resident Council By - Laws Review
Cartney explained that the Resident Council is made up of all residents of Parkview Villa
apartments, north and south. The Resident Council is run by elected officers and directed by a set
of bylaws. Over the years the bylaws have been amended and policies have been made, resulting
in several versions of the by -laws. Therefore, newly elected officials had questions as to what is
actually in the bylaws and what is a policy or practice of the Resident Council. To ease
confusion staff suggested the Resident Council adopt new bylaws. The HRA Chair, Tatni Diehm,
City Staff, CommonBond Management, the HRA Executive Director and the Resident Council
President and Vice President then met to discuss and create the proposed bylaws. It was meant
to provide the Resident Council a tool to work from.
Walt Fehst recognized the work that Tami and the others including Denny Ecklund and Lyn
Miner put into creating these new by -laws for the residents.
29
HRA Minutes
Page 4
May 25, 2010
Diehm stated at this point, the HRA's only function is to review and comment on the bylaws, as
the HRA does not approve said bylaws. City staff has offered to be the record keeper of the by-
laws once adopted by the Resident Council. They would keep track of any amendments to make
sure they are kept current, and to disburse to residents as needed so everyone has the same
information to work from. The Management Company could also hand out current, up -to -date
copies to new residents when they move in.
Hanson #325 -asked if the Resident Council would be voting on the by -laws. Diehm explained
they would be presented to the residents at their next meeting for discussion and changes would
be considered for a month, then the by -laws, as amended by the residents would be adopted at
their next meeting.
One of the residents who counted ballots said anyone could witness the counting. They weren't
trying to be secret. But other residents said they were unaware of that.
Barb Camp said she believes in having secret ballots, but thinks they should be counted at the
meeting in public view.
Nawrocki was disappointed on how the by -laws matter was handled. He said there was nothing
in the Resident Council minutes that referenced problems with the by -laws. He didn't think staff
or Board members should have been involved in creating new by -laws, unless they were asked.
He said he was disappointed that the last meeting was cancelled, as that would have been the
time for the residents to speak out about this. He thinks the process should have been initiated
by the residents, not staff.
Diehm stated there was an attempt to change the by - laws, and that is when it was discovered
there was more than one version. Since the current Resident Board wanted everything to be
legal and clear. they did ask for help.
Nawrocki again said he didn't see it referenced in their minutes.
B C t members th the need for new by -laws wa s br up at the !act several
meetings. Since the minutes are not done by a professional, sometimes things are missed. She
was grateful that all the parties worked together to create the draft that the residents can now
consider with minor modifications. She also went on record to acknowledge that staff from
CommonBond are doing a good job.
Peterson thought the draft was a good guideline to follow. He encouraged the residents to make
whatever changes they deemed necessary, vote on it, and give a copy to management and staff so
everyone is working with the same documents.
Lyn Miner #202- thanked everyone who helped make sense out of the three different versions
and come up with a draft to work with.
10. Antenna Lease
On July 29, 2009 the HRA reviewed a lease amendment from T- Mobile relevant to space
on Parkview Villa North's roof. At that time, the HRA rejected the proposal.
30
HRA Minutes
Page 5
May 25, 2010
T- Mobile has now made another offer signifying "Conversion Terms ". In addition to
this, they have inferred that if they do not get a rate adjustment, they will terminate the
lease. They sent information illustrating other leasing options which was enclosed in the
agenda packets. Clark is unclear how serious they are to terminate the lease. Staff wants
direction whether to continue with the existing lease or agree to the concessions they are
requesting.
Questions from members:
Nawrocki asked how long the current lease is for? Diehm said it goes through 2016. Nawrocki
then asked what kind of rentals we are receiving at the other sites. Walt said it varies. The
antenna on the Public Works building is a little less, but they had the expense of constructing a
building and of maintaining that on the site. He stated the antenna on the water tower is for a
similar amount. Walt said the proposal being considered locks us into the lease for a long period
of time. Clark said the main issue is there isn't much penalty for them if they terminate the lease
under the new proposal.
Diehm felt we should continue with the existing lease and if they wish to terminate it in six
years, they can do so.
There was a general consensus not to agree to a lease amendment at this time.
The next regular HRA meeting is July 27, 2010 at Parkview Villa
The meeting was adjourned at 9:10 pm
Respectfully Submitted.
Shelley Hanson
Recording Secretary
31
Approved
8/4/l0
COLUMBIA HEIGI-ITS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
July 7,2OlO
The meeting was called to order by Chair Patricia Sowada. at 6:33 p.m. Mernbers present were: Patricia Sowada,
Lyiaette Thomson. and Catherine Vesley. AIso present: City Council Representative Bruce Kelzenberg, Becky
Loader, and Stacey Hendren. Not present: Nancy Hoium and Barbara Tantanella.
The minutes of the June 3'20\0' Board meeting were approved as mailed.
The hill list dated 6/4/10 was reviewed. It was moved. seconded and passed that the bilis be paid.
The bill list dated h/ZQ/lO was reviewed. It was moved, seconded and passed that the bilis be paid.
The bill Iist dated 7/12/10 was reviewed frorn the floor. It was moved, seconded and passed that the
bilis be paid.
The 2010 accounting dated 7/7/10 was reviewed.
Old Business:
1. The 2010 Gates Cornputers are now installed. Thank you letters were sent toJym Wroblewski, State
Library Services, and Jesse Hauf, Columbia Heights IS Department, for their assistance in the grant
process and installation. Photos have also been taken and submitted. Patrons appreciate that the PAC
terminals are now separated from the Internet terminals, creating more privacy and space.
2. The 2011 budget has been submitted with no changes. Loader will be addressing the increasing
responsibility of the IS department in the Lihrury, and its reflection in the budget.
3. The Jarnboree parade was rained out after Library staff, Board members, Foundation members, and
Friends set up a tent outside. Loader was pleased with the idea ofplacing a tent outside the Library with
tables and information. There has been much discussion since the parade concernin the public using the
Library building in the event ofotornado.
4. The June 5 event. Live at the Library. was a rousing success. All buildings in Arioka County showed a
high gate count and feedback from the event has been very positive.
5. The Board discussed the Linder's fundraiser and was pleased with the event and the support received
from the community.
6. The City's grant application for replacement of boilers and air conditioning units in several departments
has been put on the short list and is waiting for a final decision. The Library's air conditioning unit has
an unrepairable leak and broke down the week ofiune 28tui• N81 Horowitz was able to restart the unit, but
it needs to be replaced soon. The Board discussed rebates and assistance from XCEL Energy. Loader
stated that the new units will qualify for rebate, and NSI Horowitz has prepared specs for new units, but is
waiting on the final status ofthe grant.
New Business:
1. The crossover statistics for May were reviewed.
(
32
2. Due to the vandalization of a toilet in the women's bathroom, flooding and damage were assessed by
Public Works, and Olson plumbing replaced the interiors of both units. Loader appreciated the quick
thinking and action of Nancy Soldatow, Lauren Gutkaes, and Renee Rewitzer who managed the flooding
and prevented further damage. The Board discussed toilet replacement and desired features, as well as
the cost of the repair.
3. Loader was notified of the need to remove the diseased trees outlining the building. The City currently
has a contract for tree removal services and Loader is reviewing the expense.
4. The Board reviewed the thank you to the Friends of the Library and appreciates the hard work done by
the small group.
5. Michelle Wermerskirchen is currently training as the new Library Page. She is an active patron with a
background in books.
Items from the Floor:
1. Vesley handed out flyers for the Anoka Heritage Home and Garden Tour.
2. The Board discussed the amount of capital needed for the boiler replacement, air conditioners, plumbing,
tree removal, and other outstanding projects.
There being no further business, the meeting was adjourned at 7:16 p.m.
Respectfully submitted,
Stacey R. Hendren
Secretary, Library Board of Trustees.
The City of Col 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, acconvmodation will be provided
to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and
activities.
1
33
CITY COUNCIL LETTER
MEETING OF: AUGUST 9,2O|0
AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER
NO: FINANCE APPROVAL
ITEM: ADOPT RESOLUTION 2010-66 BY: JOE KLOIBER BY
APPROVING THE MINNESOTA DATE: 0804/10 '
[>6P/�FlT��G��T(]FC()����{�RCE '+'
ELECTRONIC FINANCIAL TERMINAL (EFT)
AUTHORIZATION APPLICATION
NO:
BACKGROUND: Council recently adopted Resolution 2010-31 to create an imprest bank account
to control and track the operation of automated teller machines (ATMs) made available to Top
Vu|ucustomcrs. Also, under the spending authority delegated to the City Manager by Council, the
City entered into a purchase agreement with ATM Network for two ATMs.
ISSUE: In addition to the above steps of the ATM process, the City must submit an Electronic
Financial Terminal Authorization Application to the Minnesota Department of Commerce.
Reference Minnesota Statue 47.61 to 47.74 and Minnesota Rules, Parts 2675.8100 to 2675.8190.
RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-66, there being
ample copies avaitable to the general public
RECOMMENDED MOTION: Move to adopt Resolution 2010-66, being a resolution approving
the Minnesota Department of Commerce Electronic Financial Terminal (EFT) Authorization
Application and authorizing the City Manager to complete and submit the application.
JK:slh
/oouo4 /COUNCIL
Attachment: Resolution 2010-66
COUNCIL ACTION:
34
RESOLUTION 2010-66
APPROVAL OF THE MINNESOTA DEPARTMENT OF COMMERCE ELECTRONIC
FINANCIAL TERMINAL (EFT) APPLICATION
WHEREAS, the City of Columbia Heights (DBA: Top Valu Liquor) has determined that installing
an automated teller machine (ATM) in each of its municipal liquor stores, located at 4950 Central
Avenue NE and 2l05-]? m Avenue NE Colurnbia Heights, MN 55421, would enhance operations
and customer service, and
WHEREAS, Minnesota Statue 47.62 subd. 3 requires ATM owners to submit an Electronic
Financial Terminal Authorization Application tothe Minnesota Department of Commerce,
THFREDrORE BE IT HEREBY RESOLVED, by the City Council of the City of Columbia
Heights, that the Minnesota Department ofCommerce Electronic Financial Terminal Authorization
Application is approved and the City Manager is authorized to complete and submit the application.
Passed this 9Lh day oF August, 20|U
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
35
STATE OF MINNESOTA
DEPARTMENT OF COMMERCE
DIVISION OF FINANCIAL INSTITUTIONS
ELECTRONIC FINANCIAL TERMINAL (EFT) AUTHORIZATION APPLICATION
Pursuant to Minn. Stat. §§ 47.61 to 47.74 and rules promulgated
pursuant thereto, Minnesota Rules, Parts 2675.8100 to 2675.8190. --
To: Department of Commerce
Division of Financial Institutions — Banking
85 7th Place East, Suite 500
St. Paul, Minnesota 55101-2198
The following Applicant Seeks Approval to Act as Pro of a Terminal or Telminals:
CITY OF COLUMBIA HEIGHTS .
Full Name
590 40TH AVE NE, COLUMBIA HEIGHTS, ANOKA NAN 55471
Street Address City or Town County State Zip Code
Check One:
1 Individual Proprietor 1 1 Partnership E1 Corporation RI Other MTINTCTPAT,TTV
1. To be located at the following specific location:
a. sEE ATTAct-DIENT
Street Address City or Town f County State Zip Code
b. If applicable, business name of location:
c. Describe the location:
2. Please include a $110 check payable to the "Department of Commerce." A fee of $100 is to be enclosed
with the EFT application with the understanding that should this fee be less than the actual costs incurred
by the Commissioner in granting or disapproving the application, the total fee shall be equal to those costs.
The costs, if any, in excess of the $100 fee tendered herewith shall become payable upon approval or
disapproval of this application. An additional surcharie of $10 must be paid pursuant to Section
16E22 of the Minnesota Statutes. This surcharge is being collected on behalf of the Minnesota Office of
Enterprise Technology to fund a statewide electronic licensing system.
3. The following person or persons, including Applicant, exercise control over the terminal(s) as defined in
Minnesota Rules, Part 2675.8100, Subp. 5 and for the reasons indicated*:
(If a SOLE OWNER, give name and address below; if a CO-PARTNERSHIP, give names and addresses
of all partners; if a CORPORATION (including a bank) or ASSOCT_ATION, give names, titles and
addresses of all Directors, Trustees and Principal Officers, date of incorporation and place of
incorporation. Use separate sheet.)
i:Ve\application\banlaeflmerchants.doc MN/DOC 7/2010
85 7TH PLACE EAST, SUITE 500 / ST. PAUL, MINNESOTA 55101-2198 / TELEPHONE: 651/296-2715 /FAx: 651/296-8591
FINANCIAL.COMMERCE@STATE.MN.US
WEB SITE: WWW.COMMERCE.STATE.MN.US
• AN EQUAL OPPORTUNITY EMPLOYER
36
Lt SEE ATTACHMENT 1 ' t •
Full Name •
Street Address City County State Zip Code
* * * * * * * * * * * * *
*(
)
Full Name
•
Street Address City • County State Zip Code
* * * * * * * * * * * * *
)
*(
Full Name
Street Address City County State Zip Code
* * * * * * * * * * * * * *
* Insert in the space provided, before each person exercising control, the basis for that control as
follows:
1. • Indicates ownership of greater than 50 percent interest in the terminal(s); or
2. Leasehold interest in the terminal(s); or
3. Agent or card issuer authorized by those persons having ownership or leasehold interest in the
.
terminal(s).
4. The manufactinser, model number and type of the terminal(s):
TRITON MODEL RL1600 WITH 5.7" COLES LCD SCREEN, TCP/IP TYPE
5. The functions to be performed at the terminal are consistent with Minnesota Statutes, Section 47.63, and
will include: DISBURSEMENT OF CASH WITHDRAWN FROM CUSTOMER ACCOUNTS
AND/OR PRE-AUTHORIZED CREDIT AGREEMENTS'
6. The teuninal(s)xxawill not be attended by an operator. (Strike out the inapplicable term.) (See Minn.
Stat. 47.64, Subd. 4) If attended, identify whose employees or agents will attend the terminal(s) as
op erators:
•
•
7. The terminal(s) will be activated by the customer or on behalf of the customer in the following manner:
• CUSTOMER SWIPES CARD TO ACTIVATE TERMINAL KEYPAD.
2 MN/DOC 7/2010
37 •
8. The tenninal(s) normal operating hours are anticipated to be:
MOWDAV THROTMR RATMPDAV 9:00 AM to 10:00 PM
(Days of the Week) (Hours)
9. It is desired that the first use of the terminal(s) following approval by the Commissioner will be:
IMMEDIATELY
IN COMPLIANCE WITH '1HE REQUIREMENTS OF MINN. STAT. § 47.61 TO 47.74 AND MINN.
RULES, PARTS 2675.8100 TO 2675.8190, ATTACH AND LABEL THE FOLLOWING DATA,
INFORMATION AND DOCUMENTS AS EXHIBITS TO BECOME PART OF THIS APPLICATION:
EXHIBIT A Schedule of charges to be paid to the provider by those financial institutions sharing the
terminal(s).
EXHIBIT B Complete description of the physical and technical operation standards pertaining to the
tenninal(s), including information and specifications necessary to enable financial institutions
which are eligible to share the terminal(s) to obtain interface with the tenninal(s). (Minn. Rules,
Part 2675.8120)
EXHIBIT C Agreements used or intended to be used relating to the ownership, operation or control of the
terminal(s) (Network agreement, Servicing Agreement, lease, etc.).
EXHIBIT D Agreements with and disclosures to customers required by Minnesota Rules, Part 2675.8160. (To _
aid Departmental review, please use a colored pen or pencil to identify on your disclosure
document where customer disclosures A-K are stated. An - unmarked disclosure will cause your
application to be retuned.)
EKE11131T E Description of the safeguards to be used to meet the terminal security requirement of Minnesota
Statutes, Section 47.68.
EXEUBIT F Description of the procedures to be used to minimize losses due to unauthorized withdrawals from
customer accounts by use of a terminal, as required by Minnesota Statutes, Section 47.69, Subd. 3.
ExiirBrr G Evidence of the bond or other means adopted to comply with the provisions of Minnesota Statutes,
Section 47.64, Subd. 5.
EKELLBIT H Financial statement(s) for the most recently closed fiscal year of Applicant and those other
persons, if any having control, as defined, over the operations of the terminal(s).
EXHIBIT I Certified copy of board resolution approving this application and specifying the officers authorized
to handle the application.
EA-IIBIT J Evidence of compliance with federal Americans with Disabilities Act.
•
EXEIB3t1' K Evidence of current workers compensation coverage.
EXHIBIT L Evidence that the banks fidelity bond covers or has been endorsed to cover the exposure related to
establishment, control and the operation of the terminal(s).
EXHIBIT M A check for $110 made payable to: "Department of Commerce".
3 MN/DOC 7/2010
•
38
. STATE OF mr•rorpoirz, )
COUNTY OF ANOKA ss.
The undersigned, duly sworn, deposes and says that the statements contained in this application are correct
and true and further acknowledges that upon successful application approval, the applicant agrees and certifies,
under oath, that all requirements of Minn. Stat. §§ 47.61 to 47.74 and Rules promulgated in connection • thereto
shall be met and observed in the operation of the terminal(s) so authorized.
•
Subscribed. and sworn to before me, a Notary Public in and for said County and State this day of
, A.D.
Notary Public Signed
(Personal signature of Applicant or authorized official of farm)
NOTARY SEAL Title
Notary Public Signed
(Personal signature of Applicant or authorized official of firm)
NOTARY SEAL Title
Name of person(s) who can answer questions about this application.
•
JOSEPH KLOIBER, ASSISTANT FINANCE DIRECTOR, CITY OF COLUMBIA HEIGHTS
Name . Title Firm Name
590 40TH AVE NP COLUMBIA HRTrzilmq MN 5421
Street Address City State Zip Code
)
Phone Number Fax Number
joseph.kloiber@ci.columbia-heights.mn.us
E-mail Address
The Applicant should check with the appropriate federal regulatory authority regarding its requirements for
approval of the electronic financial terminal.
Note that the customer liability disclosure must conform to the statutory provisions in Minnesota Statutes,
Section 47.69, Subdivision 3. Note also that an "operator" is a party, not the bank customer (Minnesota
Rules, Part 2675.8110, Subpart 7).
4 IVIN/DOC 7/2010
39
ATTACHMENT D
ELECTRONIC FINANCIAL TERMINAL (EFT) AUTHORIZATION
APPLICATION
1. First ATM location:
a. 4950 Central Ave NE, Columbia Height MN 55421
b. DBA Top ValuI
c. Municipal off-sale liquor store
Second ATM location:
a. 2105-37 th Ave NE, Columbia Heights MN 55421
b. DBA Top Vulnl{
c. Municipal off-sale liquor store
2. Payment enclosed.
3. This City was originally incorporated as a village on March 14, 1898. It adopted a
City charter on July 21, 1921. No persons hold an ownership or leasehold interest
in the terminals. The following persons exercise control over the terminal on the
basis ofbeing current elected officials comprising the governing board ofthe
municipality:
Mayor Gary L. 9otnnnn,
590 40 Ave NE, Columbia Heights MN 55421
CouucilnucnuberTazomncu Ericson lJiebm,
590 40 Ave NE Columbia Heights MN 55421
Councilmember Bruce Kelzenberg,
590 40 Ave NE Columbia Height MN 55421
Coouoilzuezober Bruce Nnm'roobi
590 40 Ave NE Columbia Heights MN 55421
Councilmember Robert A. Williams
590 40 m Ave NE Columbia Heights MN 55421
40
CITY COUNCIL LETTER
Meeting of: August 9, 2010
AGENDA SECTION: ORDINANCES AND ORIGINATING CITY
RESOLUTIONS DEPARTMENT: MANAGER'S
NO: APPROVAL
CITY MANAGER'S
ITEM: FIRST READING OF ORDINANCE NO. BY: CHARTER BY
1584, AMENDING CHAPTER 2, SECTION COMMISSION
lOA PERTAINING TO FORM OF GOVERNMENT; DATE:
ORDINANCE NO. 1585, AMENDING CHAPTER 7, DATE: July 16, 2010
SECTION 72 PERTAINING TO BONDED DEBT
AND DEBT LIMIT; AND ORDINANCE NO. 1586,
AMENDING CHAPTER 9, SECTIONS 87 THROUGH
92 PERTAINING TO EMINENT DOMAIN IN THE
CITY CHARTER
N[}:
The Charter Commission has been reviewing various sections of the City Charter for some time now.
In discussions with the City Attorney. the Charter Commission proposes the attached amendments to the City
Charter in order to reflect mandatory compliance with state statutes and/or to perform general - housekeeping".
The proposed amendments do not reflect any substantive changes to the City Charter.
RECOMMENDED MOTION: Movehov/aiveihcn:ndiogofihcVnjinances,rhcrcbciogorup|coopieoavuUob|c
to the public.
RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No.I584, being an ordinance
amending Chapter 2, Section 10a, of the Charter of the City of Columbia Heights pertaining to Form of
Government for August 23, 2010. at approximately 7 p.m. in the City Hall Council Chambers.
RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No.1585, being an ordinance
umcndin Chapter 7. Section 72. of the Charter of the City of Columbia Heights pertaining to Bonded Debt and
Debt Limit for August 23, 2010, at approximately 7 p.m. in the City Hall Council Chambers.
RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No.1586, being an ordinance
amending Chapter 9, Sections 87 through 92 of the Charter of the City of Columbia Heights pertaining to
Eminent Domain for August 23, 2010, at approximately 7 p.m. in the City Hall Council Chambers.
COUNCIL ACTION:
ORDINANCE NO. 1584
BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 10A
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO FORM OF GOVERNMENT
The City of Columbia Heights does ordain:
Section 1:
Chapter 2, Section 10A, of the Charter of the City of Columbia Heights which currently
reads as follows, to wit:
Section 10a. Notwithstanding the provisions of any general or special law or this charter,
all police first employed by the city on and after June 15, 1972 shall be members of the
Public Employees Retirement Association Police and Fire Fund, and shall not be eligible
for membership in the Columbia Heights Police Relief Association.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
all police first employed by the city on and after June 15, 1972 shall be members of the
: - - - - - - - - eights Police Relief Association.
Section 2:
This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered By:
Seconded By:
Roil Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC City Clerk
42
ORDINANCE NO. 1585
BEING AN ORDINANCE A.MENDING CHAPTER 7, SECTION 72,
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO BONDED DEBT AND DEBT LIM1T
The City ofColumbia Heights does ordain:
Section I:
Chapter 7, Section 72,of the Charter of the City of Columbia Heights which currently reads as
follows, to wit:
Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four-fifths vote of
the council without the previous approval of the voters of the said city, but subject to the
referendum powers of the people, for the purchase of real estate; for new construction; for new
equipment; for all improvements ofu lasting character; for the purchase or construction Vfpublic
waterworks or for the enlargement of the same and for the protection and distribution of the
water supply; for the establishment of public lighting, heating, or power plants, and for their
acquisition and equipment by purchase or otherwise: for the acquisition or construction of street
railways, telegraph or telephone lines, or any other public convenience from which a revenue is
or may be derived; for the creation or maintenance of a permanent improvement fund: for the
purchase or erection of needful public buildings; for establishing and maintaining garbage
crematories, or other means of garbage disposal; for the establishment and maintenance of
hospitals. schools, libraries, museums, art galleries and cemeteries; for the construction of
sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play
grounds: for changing, controlling or bridging streams and other waterways within the corporate
Iimits and constructing and repairing roads and bridges within two miles ofthe corporate limits
thereof; for the purpose of refunding outstanding bonds; for the purpose of funding floating
indebtedness: and for all purposes which may be authorized by the laws of the State of
Minnesota; the right of the city to issue bonds under the authority of any law heretofore and this
section ofthe city's charter shall not be construed to limit the passed and adopted by the State of
Minnesota, but no bonds shall ewe/be issued to pay current expenses o/ to refund emergency
debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the
last assessed valuation of the taxable property therein, including monies and credits, but in
computing the total bonded indebtedness, emergency debt certificates and certificates of
indebtedness shall not be included in or counted as part of the such bonded indebtedness, if (1)
held in a sinking fund maintained by the city, (2) issued for the acquisition of equipment;
purchase, construction, maintenance, extension, enlargements or improvernent of street railways,
telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or any
other public convenience, from which revenue is or may be derived, owned and operated by the
city, or the acquisition of property needed in connection therewith; or for the construction of
sewers, public drainage ditches, or the acquisition of lands, or for improvements of streets, parks,
or other public improvements, to the extent that they are payable from the proceeds of
assessments levied upon the property specially benefitted by such ditches or improvements, or
(3) for the purpose of anticipating the collection of general taxes for the year in which issued. In
no case shall bonds be issued to run for more than thirty years. The purpose for which bonds are
issued shall be set forth in the ordinance authorizing them and the proceeds from such bonds
shall not be diverted to any other purpose.
43
Before any bonds are sold, there shall be a four -fifths vote of the council authorizing the
issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any
existing bonds shall be authorized by four fifths vote of the council by resolution. Following its
passage, the ordinance shall be published at least once by publication in a legal newspaper
having general circulation in the city. The registered voters of the city shall have thirty days
from the date of publication to initiate a referendum on the ordinance authorizing the issuance.
Subsequent to the passage of the authorizing ordinance, its publication, and the thirty -day period,
the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall
have the authority to establish a special meeting upon at least seventy-two (72) hours advance
notice to each member of the council. At that special meeting, the City Manager is authorized to
receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the
bonds shall be approved by a resolution passed by a four -fifths vote of the council. (Ordinance
No. 1492; passed September 12, 2005)(Ordinance No. 1284, passed June 13, 1994)
Section 72a. In addition to all powers specifically granted in that regard by its charter or
amendments thereto, the city shall have all the powers in reference to the issuance of bonds or
certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10,
1986)
Section 72b. BONDED DEBT AND DEBT LIMIT. No bond shall ever be issued to
pay current expenses or to refund certificates of indebtedness issued to provide for temporary
deficiencies in the revenues to cover current expenses, but bonds may be issued by a four -fifths
vote of the council. subject to the referendum powers of the people, for the purchase of real
estate, for new equipment, and for all improvements of a lasting character. The total bonded
debt of the city shall never exceed ten percent of the assessed valuation of all the taxable
property in the city, but in computing the total bonded debt, emergency debt certificates, and
bonds issued prior to the adoption of the charter and either held in a sinking fund or issued for
the purchase, construction, maintenance, extension, enlargement, or improvement or water,
heating plants. or either. or any other public convenience from which a revenue is or may be
derived, owned and operated by such city or village, or the acquisition of property needed in
connection therewith, or for the improvement of streets, parks or other public improvements, to
the extent that they are payable from the proceeds of assessments levied upon property especially
benefitted thereby, and obligations issued for the improvements which are payable, wholly or
partly, from the collections of special assessments levied on property benefitted thereby, or for
the creation or maintenance of a permanent improvement revolving fund shall not count as part
of such total bonded debt. In no case will bonds be issued to run for more than thirty years. The
purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the
proceeds from such bonds shall not be diverted to any other purposes. (Ordinance No. 1284,
passed June 13, 1994)
IS HEREWITH AMENDED TO READ AS FOLLOWS:
Section 72. BONDED DEBT AND DEBT LIMIT. Bonds may be issued by four fifths vote of
the council without the previous approval of the voters of the said city, but subject to the
referendum powers of the people, for the purchase of real estate; for new construction; for new
equipment; for all improvements of a lasting character; for the purchase or construction of public
. - - - - - . rgcment of the same and for the protection and distribution of the
water supply; for the establishment of public lighting, heating, or power plants, and for their
44
acquisition and cquipment by purchasc or oth • -; '- . ''' '':' Instruction ofstreet
railways, telegraph or telephone lines, or any othcr public convenience from which a revenue is
or may be derived; for the creation or rnuintcuuncc of a permanent improvement fund; for the
purchase or erection of needful public buildings; for establishing and maintaining garbage
crematories, or other means of garbage disposal; for the establishment and maintenance of
hospitals, schools, libraries, museums, art galleries and ccooctccico; for the construction of
sewers, subways, streets, sidewalks, pavements, culverts, and parks and parkways and play
. . . .. . .. . ..
- - -
— - ; , - tanding bonds; for the purpose of funding floating
indebtedness; and for all purposes which may be authorized by the laws of the State of
Minnesota; the right of thc city to issue bonds under the authority of any law heretofore and this
section of the city's charter shall not be construed to limit thc passed and adopted by the State of
Minnesota, but no bonds shall ever be issued to pay current ospcoscs or to refund emergency
debt certificates. The total bonded indebtedness of the city shall never ozcccd ten percent of the
last assessed valuation of the taxable property therein, including monies and credits, but in
computing the total bonded indebtedness, emergency debt certificates and certificates of
indebtedness shu|l not be included in or counted as part of thc such bonded indebtedness, if (1)
. . . . . ... .
purchase, construction, maintenance, extension, enlargements or improvement of street railways,
, '~, letting, heating and power plants, or either of thetrar—any
other public oonvenicnoc, from which revenue is or may be derived, owned and operated by the
city, or the acquisition of property needed in connection therewith; or for the construction of
- - , .v • "r.' v ' ~, , -~ ~ : •jiiun of lands, or for improvements of streets, parks,
or other public improvements, to the extent that they are payable from the proceeds of
assessments levied upon thc property specially benefitted by such ditches or improvements, or
'- - .- • • 'ng the collection of general taxes for the yurin which issued. In
*`~ *~ ~. . .4 --ore than thirty years. The purpose for which bonds are
issued sboll be set forth in the ordinance authorizing .-- . - " - - -`': ~. - "
*Aa41+4at-bc diverted to any other purpose.
r - :. No bond shall ever be issued to pay current expenses or to refund certificates of
indebtedness issued to provide for temporary deficiencies in the revenues to cover current
cxpenses, but bonds may be issued by a four-fifths vote of the council, subject to the referendum
powers of the people, for the purchase of real estate, for new equipment, and for all
improvements of a lasting character. The total bonded debt of the city shall never exceed ten
percent of the assessed valuation of all the taxable property in the city, but in computing the total
bonded debt, emergency debt certificates, and bonds issued prior to the adoption of the charter
and either held in a sinking fund or issued for the purchase, construction, maintenance,
extension, enlargement, or improvement or water, heating plants, or either, or any other public
convenience from which a revenue is or rnay be derived, owned and operated by such city or
village, or the acquisition of property needed in connection therewith, or for the improvement of
streets, parks or other public improvements, to the extent that they are payable from the proceeds
of assessments levied upon property especially benefitted thereby, and obligations issued for the
improvements which are payable, wholly or partly, from the collections of special assessments
levied on property benefitted thereby, or for the creation or maintenance of a permanent
improvement revolving fund shall not count as part of such total bonded debt. In no case will
bonds be issued to run for more than thirty years. The purpose for which bonds are issued shall
45
be set forth in the ordinance authorizing them and the proceeds from such bonds shall not be
diverted to any other purposes. (Ordinance No. 1284, passed June 13, 1994)
Before any bonds are sold, there shall be a four - fifths vote of the council authorizing the
issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any
existing bonds shall be authorized by four fift hs vote of the council by resolution. Following its
passage, the ordinance shall be published at least once by publication in a legal newspaper
having general circulation in the city. The registered voters of the city shall have thirty days
from the date of publication to initiate a referendum on the ordinance authorizing the issuance.
Subsequent to the passage of the authorizing ordinance, its publication, and the thirty -day period,
the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall
have the authority to establish a special meeting upon at least seventy -two (72) hours advance
notice to each member of the council. At that special meeting, the City Manager is authorized to
receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the
bonds shall be approved by a resolution passed by a four -fifths vote of the council. (Ordinance
No. 1492; passed September 12, 2005)(Ordinance No. 1284, passed June 13, 1994)
Seetion- 2a. In addition to all powers specifically granted in that regard by its charter or
amendments thereto, the city shall have all the powers in reference to the issuance of bonds or
certificates of indebtedness provided by statute. (Ordinance No. 1114, passed February 10,
1986)
Section 2:
This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered By:
Seconded By:
Rill Call:
Mayor Gary L. Peterson
Patricia Muscovitz, CMC City Clerk
46
ORDINANCE NO. 1586
BEING AN ORDINANCE AMENDING
CHAPTER 9, SECTIONS 87,88,89, 90, 91, AND 92
OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS
PERTAINING TO EMINENT DOMAIN
The City ofColumbia Heights does ordain:
Section 1:
Chapter 9, Sections 87,80,89,90,9l, and 92of the Charter of the City ofColumbia
Heights which currently reads as foliows, to wit:
CHAPTER 9
Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is
hereby empowered to acquire, by purchase, gift devise or condemnation, any property,
corporal or incorporal, either within or without its corporate boundaries, which may be
needed by said city for any public use or purpose. In addition to the power to acquire
property for other public purposes, the city may also acquire, as herein provided, any gas,
water, heat, power, light, telephone, or other plant or other public utility; but no
proceedings to acquire any such public utility shall be consummated unless the city has
the money in its treasury to pay for the same or has by vote of the people made provision
for paying for the property proposed to be acquired.
Section 80, PROCEEDINGS IN TAKING PROPERTY. The necessity for the taking
of any property by the city shu|l be determined by the council and shall be declared by a
resolution which shall describe such property as nearly as may be and state the use to
which it is to be devoted. The acquisition of such property may be accomplished by
proceedings at law, as in taking of land for public use by right of eminent domain
according to the laws of this state except as otherwise provided in this chapter.
Section 89. PAYMENT OF AWA ' . Whenever an award of damages shall be
confirmed in any proceeding for the taking of property under this chapter, or whenever
the court shall render final judgment in any appeal from any such award, and the time for
abandoning such proceedings by the city shall have expired, the city shall be bound to
and shall, within sixty days of such final deterrnination, pay the arnount ofthe award with
interest thereon at the current judgment rate set by State Statute from the date of the
confirmation of the award or judgment of the court, as the case may be; and if not so
paid, judgment therefore may be had against the city. (Ordinance No. 1468, passed
December 15, 2003)
Section 90. CITY MAY ABANDON PROCEEDINGS. The city may, by resolution of
the council at any stage of the condernnation proceedings, or at any time within thirty
days after any commissioners appointed by the court hereunder shall have filed their
report with the clerk of court, or in case of any appeal to the district or supreme court at
47
any time within thirty days after final determination thereof, abandon such proceedings as
to all or any parcel of the property sought to be acquired and shall pay all costs thereof.
Section 91. CITY MAY TAKE ENTIRE PLANT. In case the city shall condemn a
public utility which is operated at the time of the commencement of condemnation
proceedings as one property or one system, it shall not be necessary in such
condemnation proceedings or any of the proceedings of the council. to describe or treat
separately the different kinds of property composing such system, but all of the property,
lands, articles, franchises and rights which enter into and go to make up such system,
may, unless otherwise ordered by the court, be treated together as constituting one
property and an award for the whole property in one lump sum may be made by the
commissioners on condemnation or other body assessing the damages.
Section 92. EASEMENTS, HOW ACQUIRED. Easements for slopes, fills, sewers.
building lines, poles, wires, pneumatic tubes, pipes and conduits for water, gas, heat and
power, may be acquired by gift, devise, purchase or condemnation in the manner
provided by law.
IS HEREWITH AMENDED TO READ AS FOLLOWS:
CHAPTER 9
Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is
hereby empowered to acquire, by purchase, gift devise or condemnation, any property,
corporal or incorporal, either within or without its corporate boundaries, which may be
needed by said city for any public use or purpose. In addition to the power to acquire
property for other public purposes, the city may also acquire, as herein provided, any gas,
water, heat, power, light, telephone, or other plant or other public utility; but no
proceedings to acquire any such public utility shall be consummated unless the city has
the money in its treasury to pay for the same or has by vote of the people made provision
for paying for the property proposed to be acquired. The general laws of the State of
Minnesota relative to Eminent Domain shall govern the City of Columbia Heights.
of any property by the city shall be determined by the council and shall be declared by a
which it is to be devoted. The acquisition of such property may be accomplished by
proceedings at law, as in taking of land for public use by right of eminent domain
according to the laws of this state except as otherwise provided in this chapter.
Section 89. PAYMENT OF AWARD. Whenever an award of damages shall be
confirmed in any proceeding for the taking of property under this chapter, or whenever
the court shall render final judgment in any appeal from any such award, and the time for
abandoning such procccdings by the city shall have expired, the city shall be bound to
and shall, within sixty days of such final determination, pay the amount of the award with
interest thereon at the current judgment rate set by State Statute from the date of the
confirmation of the award or judgment of the court, as the case may be; and if not so
48
paid, judgment therefore may be had against the city. No. 1468. passed
- •. ;`!, ^... ..!..•nV '° - • — ^ ` ' ' '�'�
the council at any stage of thc condemnation proceedings, or at any time within thirty
days after any commissioners appointed by thc court hereunder shall have filed thcir
report with the clerk ofcouo,ocin case ofany : ~ ' � ' ~ v • • ° 'v ~—~ �'- '
. '. . . .
: '' . - : '~ ' ^' • ~,''v -' ^' ~ .
Section 91. CITY MAY TAKE ENTIRE PLANT. In case the city shall condemn a
public utility which is operated at thc timc of thc eomonocuccrncnt of condemnation
. - tnc system, it shall not bc necessary in such
condemnation procccdings or any of the proceeding : '' :.' •, ;- ':' '.
separately the different kinds o[ property composing . ^ ~— v. . ^~ ~^ ,
|onds, articles, franchises and rights which enter into and go to make up such system.
commissioners on condcrnnation or othcr body asscssing the damages.
Section 92, DCASEMENT8 HOW ACQUIRED. Easements for slopes, fills, sewers.
power, may be acquired by eift, dovinc, purchase or condemnation in the manner
provided bylaw.
Section 2:
This Ordinance shall be in full force and effect from and after ninety (90) days after its
passage.
First Reading:
Second Reading:
Date of Passage:
Offered By:
Seconded By:
Roll Call:
/Nayo,Gmy L. Peterson
Patricia Muscovitz, CMC City Clerk
CITY COUNCIL LETTER
Meeting nf August 9`2Ol0
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY
Fire MANAGER
NO: APPROVAL
ITEM: Rental Housing BY: Gary Gorman
Liccnocs
NO: DATE: August 3, 2010 DA]]L
Approval of attached 1 ist of rental housing applications.
RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental
housing license applications for August 9. 2010 in that they have met the requirements of
the Property Maintenance Code.
COUNCIL ACTION:
50
,`' ./. ' /.��~� ��^��'��-�,�� �, ,� List of 2010 Rental
art Licenses to Approve by
Council
■'
82ewm Avenue N.s. Columbia Heights, MN 5542 - Ph: 763-706-8156 Fax: 763-706-8151
10000 4117 ARTHUR ST NE Goedtel, Erin F10452
PO Box 2552 $ 150.00
100
Bloomington, IN 47402-2552
10054 3820 TYLER ST NE MDC 2000 F10494
1050 1845 Stinson Parkway $ 150.00
Minneapolis, MN 55418
10057 4124 5TH ST NE Nehmzmw.N1iuhaa| F10339
3943172ndLNNVV $ 150.00
100
Andover, MN 55304
10087 4806 MADISON ST NE JRK Business Solutions, LLC F10170
11U West Center Street #2UU $ 150.00
1050
Rochester, MN 55902
10110 4643 7TH ST NE Abdullahi, Ahmed F10387
4637 7th ST NE $158.00
100
Columbia Heights, MN 55421
10121 4000 2ND ST NE Marquette, Joel F10172
4OUU 2ND STNE $15O.00
100
Columbia Heights, MN 55421
10144 260 MAUREEN LN NE Kerns, David and Kim F10255
231 Ability PointCourt $ 150.00
100
Henderson, NV 89012
10173 4029 RESERVOIR BLVD NE Lewnenoe, Diane F10500
5301 Quebec Avenue N. $ 150.00
100
New Hope, MN554Z5
10211 184241STAVENE Koch, Ken F10129
4O42ArthurSTNE $ 150.00
100
Columbia Haightu, MN 55421
10229 2,812HAYESSTNE Kaplan, Casey 1 O5DQ
2OO8 Lost Meadow Dr. $ 150.00
100
St. Charles, MO 63303
10500 4349 5TH ST NE Anoka County CommunityAction Program F10440
1201 89th Avenue #345 $ 150.00
1050
Blaine, MN 55434
08/03/20I0 12:54 Page 1
51
-. ' ' ' ' '� ��- List of 2010 Rental
Licenses to Approve by
``'� �-� ^ !���' ��`'� Council
uuo41m Avenue w.E. Columbia Heights, MN 55421 Ph. 763-706-8156 Fax 763-706-8151
10502 3Q28 TYLER STNE Anoka County CommunityAction Program F10440A
1201 89th Avenue #345 $150� O0
1050
Blaine, PNN55434
10504 4304 5TH ST NE Anoka County Community Action Program F10438
1201 89thAvenue #345 $ 15O� O0
1050
Blaine, yWN55434
10508 4411 MAIN ST NE Anoka County CommunityAction Program F10438A
12O1O9Vh Avenue #345 $15O� UU
1050
Blaine, N1N55434
12010 4G13 TAYLOR STNE Thoreson, Steven F10505
100 4015 Taylor Street $ 150.00
Columbia Heights, MN 55421
12032 5242 WASHINGTON ST NE Kronstedt, Kenneth F10105A
100 5240 Washington Street $ 150.00
Columbia Heights, MN 55421
12079 4801 TAYLOR ST NE Corbett, Chad F10490
100 4G03 Taylor Street NE $ 150.00
Columbia Heights, MN 55421
12115 1057POLKPLNE Rogers, Linda F10407
1057 Polk Place $ 150.00
100 �
Columbia Heightn, MN 55421
12118 O5U471/2 AVE NE Nielsen, Janet F10460
O4847'1/2Avenue $ 15O � 0O
100
Columbia Haighto, MN 55421
12120 1035 POLK PL NE Koponen, Robert & Susan F10501
1U35 Polk Place $ 158� 00
100
Columbia Hmightu, MN 55421
20012 5252 WASHINGTON ST NE Hadan, Bette F10304
PQ Box 120066 $15U� 08
1053
New Brighton, MN 55112
20045 4651 TAYLOR ST NE Westview Investments, LLC F10528
PO Box 13O554 $ 150.00
1051
Roseville, MN 55113
08/03/20I0 I2:54 Page 2
52
wr'I List of 2010 Rental
Licenses to Approve by
Council
825 41st Avenue N.E. - Columbia Heights, MN 55421 - Ph: 763 - 706 -8156 - Fax: 763 - 706 -8151
20056 1207 CIRCLE TERRACE BLVD NE H & H Real Estate, LLC F10128
1051 1207 CIRCLE TERRACE BLVD NE $ 150.00
Columbia Heights, MN 55421
20065 4657 WASHINGTON ST NE Miles, Scott F10470
100 630 4th Avenue NW $ 150.00
New Brighton, MN 55112
20088 5232 WASHINGTON ST NE Harlan, Bette F10304A
1053 PO Box 120066 $ 150.00
New Brighton, MN 55112
20089 1211 CHEERY LN NE Chen, Jenn -Yuan F10132
100 6601 Sherman Lake Road $ 150.00
Lino Lakes, MN 55038
20093 4616 TAYLOR ST NE HNA Properties F10393
1050 4930 Pennine Pass N.E. $ 150.00
Columbia Heights, MN 55421
20099 1065 POLK PL NE Harris, Jay F10453
100 8236 Quebec Ct N $ 150.00
Brooklyn Park, MN 55445
20118 1300 45 1/2 AVE NE Ringate, Allen F10454
100 4490 Comstock Lane N. $ 150.00
Plymouth, MN 55446
20131 1401 CIRCLE TERRACE BLVD NE Moore, Rafik F10451
100 7400 Bush Lake Road $ 150.00
Bloomington, MN 55438
20132 1355 CIRCLE TERRACE BLVD NE Heights Homes, LLC F10448
100 13803 193rd Cir NW $ 150.00
Elk River, MN 55330
20142 5110 WASHINGTON ST NE Harlan, Bette 20142 � � �.. WASHINGTON � � U� � � � , �ar�a��, mt F10304B
t«
1053 PO Box 120066 $ 150.00
New Brighton, MN 55112
20144 5146 WASHINGTON ST NE Harlan, Bette F10304C
1053 PO Box 120066 $ 150.00
New Brighton, MN 55112
08/03/2010 12:54 53 Page 3
ma mn �^� - ~ � � r.' ^ �� ��' - �� -�� ' � List of 2010 Rental
Licenses to Approve by
'/'��� �� /�� '' � � Council
82ewst Avenue ms Columbia Heghts, MN 55421 - Ph: 763-706-8156 - Fax 763-706-8151
20152 514U WASHINGTON STNE Harlan, Bette 10304D
PD Box 12OOSG $ 150.00
1053
New Brighton, MN 55112
20154 5200 WASHINGTON ST NE Harlan, Bette F10304F
PO Box 12U0S0 $150� OU
1053
New Brighton, MN 55112
20155 4624 WASHINGTON ST NE Co|o, Barry F10345
3748 Edith Patch Drive $ 150.00
100
Anoka, MN 55303
20156 511G WASHINGTON STNE Harlan, Bette 10304E
PO Box 120066 $ 150� OO
1053
New Brighton, MN 55112
20175 4144 QUINCY ST NE Grote, Gerald F10474
4627 Chatham Road $15U� UO
lOO
Columbia Heighto, MN 55421
20170 4108 MADISON ST NE Anderson, Erik F10424
PO Box 48Q23 $15O� UO
100
Minneapolis, MN 55448
20185 4641 TAYLOR ST NE Sohavee, David F10488
38 Pheasant Ln $15U� OO
100
St. Paul, [WN55127
20185 4641 TAYLOR ST NE Six of One, LLC F10488
39 Pheasant Ln $15O� 0O
1053
North Oaks, MN 55127
20238 3930 JOHNSON ST NE Koponen, Robert & Susan F10502
1O35 Polk Place $150� UO
100
Columbia Hoighha, MN 55421
2O247 1739 37THAVENE NCI Holdings LLC F10365
PO Box �15O
I050
� � 150.00
Prior Lake, MN 55372
20250 976 44 1/2 AVE NE Anderberg, David F10433
8444 Groveland RD $15O� OU
100
Mounds View, N1N5S112
08/03/20I0 12:54 Page 4
54
List of 2010 Rental
. Licenses to Approve by
Council
~ '
uzs41m Avenue ms. Columbia H*igmm, MN 55421 Ph: 763-706-8156 - Fax 763-706-8151
20315 1087 POLK CIR NE Larson, Larry F10503
1951 14th Street NW $ 15O � OO
100
New Brighton, MN 55112
20333 3849 JACKSON ST NE Utke, John F10400
PO Box 18202 $ 150.00
1053
Minneapolis, MN 55418'0202
2O3S3'NC1U0OGOULD AVE NE Chu, Josh F10184
1327 66th AVE NE $15U� UO
100
Fridley, MN 55432
20418 1231 CIRCLE TERRACE BLVD NE Elie, Steve F10247
4520 Tower Street $ 150.00
100
Edina. MN 55435
20500 4641 POLK ST NE Anoka County Community Action Program F10440B
1201 89th Avenue #345 $15O� UO
1050
Blaine, MN 55434
30003 1675 44TH AVE NE Crest View Corporation F10417
4444 Reservoir B|vd NE $
1050 � � � �
Columbia Heighto, MN 55421
30008 84141ST AVE NE Columbia Court Town Homes F10441
85341st Ave NE $44O.00
1050
Columbia Heights, MN 55421
30032 84O3STH AVE NE AshrafLLC F10114
2947 Bent Tree Hill Drive $ 248.00
1050
New Brighton, MN 55112
30033'NC3835 TYLER STNE SMA Housing LLC F10534
5O278th Avenue NE $ 150.00
1050
Spring Lake Park, MN 55432
30059 4347 TYLER PL NE Chieo, Lester F10219
1530 Rice Creek Road $ 160.00
100
Fridley, MN 55432
30098 1000 PETERS PL NE Peter's Place Apartments, LLC F10370
3 Blue Spruce Court $ 356.00
1050
North Oaks, MN 55127
08/03/20I0 12:54 Page 5
55
2DETT ' � - ' , ��� �.��/ '' ' � '� List of 2010 Rental
- Licenses to Approve by
Council
825 41st Avenue N.E. Columbia Heights, MN 55421 Ph: 763-706-8156 Fax: 763-706-8151
30130 4622 TYLER ST NE Azam, Haji F10264
PO Box �211 OU
1053 � � �
Savage, MN 55378
30171 4242 3RD ST NE Berg, Diane F10398A
11752 Narcissus St NE $248� 00
1050
Coon Rapids, MN 55433
30173 4233 3RD ST NE Berg, Diane F10398
11752 Narcissus St NW. $
1050 � �
Coon Rapids, MN 55433
30500 3932 CENTRAL AVE NE Anoka County Community Actiori Program F10438B
12O18SthAvenue #345 $44S� OO
1050
Blaine, MN 55434
30504 4647 TYLER ST NE Anoka County Community Action Program F10438C
1201 89th Avenue #345 $ 160 .00
1050 �
Blaine, MN 55434
34008 1341 42ND AVE NE Thompson, Jerome F10414
O13g Pine Street $15U� OO
100
Lino Lakes, MN 55014
34012 4201 MONROE ST NE Avery, Alan F10572
4201 Monroe Street NE $ 150.00
I0O
Columbia Haights, MN 55421
08/03/20I0 12:54 Page 6
56
CITY COUNCIL LETTER
Meeting of: Aug 9th, 2010
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
N(}: License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson DATE:
//le NO: [DATE: f�ug. 4 2010 O`/: ----
BACKGROUND/ANALYSIS
Attached is the business license agenda for the August 9, 2010 Council meeting. This agenda consists
ofapplications for 2010 Contractor licenses.
At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied
Application. This means that the data privacy fbrrn has been submitted as required. |f not submitted.
certain information cannot be released to the public.
RECOMMENDED MOTION:
Move to approve the items as listed on the business license agenda for August 9, 2010 as presented.
COUNCIL ACTION:
TO CITY COUNCIL August 9, 2010
57
*Signed Waiver Form Accompanied Application
CONTRACTOR'S LICENSES - 2010
BLDG *Mespo Htg 8448 Logan Ave N, Brk Pk $60
Michels Pipeline Const 22100 Pillsbury Ave, Lakeville $60
*Otsego Htg & AC 21 1 St NW, Osseo $60
*Hamlin Mechanical 3105 65 St E, Inver Grove Hts $60
*Bob Kissner P1 & HTg 13421 Dunkirk St, Ham Lake $60
Heating & Cooling Solutions Inc 21461 Aberdeen St NE, E Bethel $60
Hovde Plumbing & Htg 2222 Edgewood Ave S, Mpls $60
*Paul's Plumbing 12980 Dennison Blvd, Dennison MN $60
58
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL MEETING OF: August 9. 2010 .
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COL(JMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering CheckNumber 135070 through 135854 in the
amount of $ 1'650'784.31 .
These checks have been exarnined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are herby, recommended for payment.
59
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
08/05/2010 17.22:58 Check History GLosoo-V06.80 COVERPAGE
GL54OR
°°°°°°°°°°^°°°°°^^°+°°°°^°^^°^^°°°°^*°°°°°^°°°°°°°°°*°°°°°^°°°°°°°^*^°°°°°^°°^°
o °^° L E a m m o °+° *
o +^° L m A m m o ^°° °
o °°^ L E a m m n °°° +
°
* * * L E A m m o * * * °
*°°*°°^°°°°°°°°^°°°°°^°°°^^°*^°****°*^^^**°°°^^°°°°*°°°°^°°°°°°°°°^^°°°°°°^*°°*
Report Selection:
Optional Report Title 08/0e/2010 COUNCIL LISTING
INCLUSIONS:
Fund & Account thru
Check Date thru
Source Codes thru
Journal Entry Dates thru
Journal Entry Ids thru
Check Number 135670 thru 135854
Project thru
Vendor thru
Invoice thru
Purchase Order thru
Bank thru
Voucher thru
Released Date thru
Cleared Date thru
Include Exp/Rev Closing Entries m
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
J LEANNO 01 P4 r e 6 066 10 Y Y
60
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
08/05/2010 17 Check History GL540R- V06.80 PAGE 1
08/09/2010 COUNCIL LISTING
BANK VENDOR CHECK# CHECK DATE AMOUNT
BANK CHECKING ACCOUNT
NORTHEAST BANK CREDIT CA 135670 07/28/10 0.00
AMERIPRIDE LINEN INC 135671 07/28/10 113.22
ANOKA COUNTY ATTORNEY 135672 07/28/10 1,069.60
CENTURY 21 PASTRAMA INC 135673 07/28/10 1,000.00
CITY OF COLUMBIA HEIGHTS 135674 07/28/10 271,829.34
COLUMBIA HEIGHTS ATHLTC 135675 07/28/10 453.18
COLUMBIA HEIGHTS BASKETB 135676 07/28/10 164.50
COLUMBIA HEIGHTS HIGH SC 135677 07/28/10 315.00
FEDERAL EXPRESS 135678 07/28/10 34.53
GORMAN /GARY & JODI 135679 07/28/10 14.00
LAUINGER /JANET 135680 07/28/10 470.03
MARCO, INC 135681 07/28/10 84.50
MPLS BMEU 135682 07/28/10 3,600.00
NATIVE PRIDE PRODUCTIONS 135683 07/28/10 600.00
NORTHEAST BANK 135684 07/28/10 433,865.01
PAUSTIS & SONS WINE COMP 135685 07/28/10 471.25
QUALITY WINE & SPIRITS 135686 07/28/10 5,815.80
RICOH AMERICAS CORPORATI 135687 07/28/10 249.14
SCOTT /LAWRENCE L. 135688 07/28/10 15.96
STATE OF MINN -DEPT OF FI 135689 07/28/10 417.90
T- MOBILE INC 135690 07/28/10 762.17
TANGREN /SHIRLEY 135691 07/28/10 30.00
WINDSCHITL /KEITH 135692 07/28/10 203.21
WINE MERCHANTS 135693 07/28/10 32.14
WIRTZ BEVERAGE MINNESOTA 135694 07/28/10 46,730.18
NORTHEAST BANK 135695 07/28/10 40,024.53
AMERICAN BOTTLING COMPAN 135696 08/04/10 1,005.04
AMERIPRIDE LINEN INC 135697 08/04/10 138.40
ANOKA COUNTY LICENSE CEN 135698 08/04/10 0.00
ANOKA COUNTY PROPERTY RE 135699 08/04/10 971.00
ARCTIC GLACIER 135700 08/04/10 1,772.77
BARNA /IRENE 135701 08/04/10 28,00
BETWEEN THE LINES 135702 08/04/10 775.00
CAPITOL BEVERAGE SALES L 135703 08/04/10 38,990.00
CARTNEY /SHEILA 135704 08/04/10 30.41
CHISAGO LAKES DISTRIBUTI 135705 08/04/10 6,372.76
CITY PAGES 135706 08/04/10 900.00
COLUMBIA HEIGHTS ATHLTC 135707 08/04/10 20.00
DANIMAL DISTRIBUTING INC 135708 08/04/10 1,530.94
DAW INC 135709 08/04/10 74.24
EXTREME BEVERAGE 135710 08/04/10 1,215.50
FARNER - BOCKEN 135711 08/04/10 22,745.02
FLAT EARTH BREWING COMPA 135712 08/04/10 143.96
GUAMAN /BLANCA 135713 08/04/10 250.00
HAEG /ERIN 135714 08/04/10 274.12
HANSON /JEFFREY 135715 08/04/10 180.00
HOHENSTEINS INC 135716 08/04/10 6,371.75
61
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
08/05/2010 17 Check History GL540R- V06.80 PAGE 2
08/09/2010 COUNCIL LISTING
BANK VENDOR CHECK# CHECK DATE AMOUNT
BANK CHECKING ACCOUNT
INTEGRA TELECOM INC 135717 08/04/10 172.10
JJ TAYLOR DIST OF MN 135718 08/04/10 46,438.59
JOHNSON BROS. LIQUOR CO. 135719 08/04/10 54,747.10
KISER CONSTRUCTION 135720 08/04/10 150.00
LEAGUE OF MN CITIES INS 135721 08/04/10 90,449.25
LIFT BRIDGE BEER COMPANY 135722 08/04/10 130.00
LUND /TIM 135723 08/04/10 139.99
MARCO, INC 135724 08/04/10 1,065.81
MEDICINE LAKE TOURS 135725 08/04/10 1,974.00
MN DEPT OF ADMINISTRATIO 135726 08/04/10 691.76
MPI 135727 08/04/10 1,000.00
NORTHEASTER 135728 08/04/10 314.10
NSI MECHANICAL CONTRACTI 135729 08/04/10 1,630.52
OFFICE DEPOT 135730 08/04/10 305.05
PAUSTIS & SONS WINE COMP 135731 08/04/10 1,568.53
PETTY CASH - KAREN MOELL 135732 08/04/10 129.73
PHILLIPS WINE & SPIRITS 135733 08/04/10 13,144.10
QUALITY WINE & SPIRITS 135734 08/04/10 10,499.45
QWEST COMMUNICATIONS 135735 08/04/10 121.37
RJM DISTRIBUTING INC 135736 08/04/10 464.48
SUN PUBLICATION INC 135737 08/04/10 381.00
SURLY BREWING CO INC 135738 08/04/10 3,405.00
THELEN INC 135739 08/04/10 562.70
VERIZON WIRELESS 135740 08/04/10 93.38
WEST TITLE LLC 135741 08/04/10 47,100.00
WIRTZ BEVERAGE MINNESOTA 135742 08/04/10 4,339.53
WIRTZ BEVERAGE MINNESOTA 135743 08/04/10 18,922.19
WEST TITLE LLC 135744 08/04/10 39,476.40
ANOKA COUNTY LICENSE CEN 135745 08/05/10 544.00
ANOKA COUNTY LICENSE CEN 135746 08/05/10 100.00
A DYNAMIC DOOR CO INC 135747 08/09/10 903.36
ACE HARDWARE 135748 08/09/10 67.00
ADVANCE COMPANIES OF MN 135749 08/09/10 1,587.40
ALEX AIR APPARATUS INC 135750 08/09/10 625.00
AMERIPRIDE LINEN INC 135751 08/09/10 62.83
ANOKA COUNTY LIBRARY 135752 08/09/10 2,536.27
ANOKA CTY - CENTRAL COMM 135753 08/09/10 66.75
APACHE GROUP OF MINNESOT 135754 08/09/10 494.03
APPLESEED RECREATION 135755 08/09/10 504.00
APPOLLO SYSTEMS INC 135756 08/09/10 110.00
ARTISTS' CHOICE INC 135757 08/09/10 1,012.11
AUDIO EDITIONS 135758 08/09/10 8.00
BACK 2 BASICS LEARNING 135759 08/09/10 353.50
BAKER & TAYLOR 135760 08/09/10 3,606.72
BAKER & TAYLOR ENTERTAIN 135761 08/09/10 201.23
BARNA GUZY & STEFFEN LTD 135762 08/09/10 63.00
BUILDING FASTENERS 135763 08/09/10 44.56
62
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
08/05/2010 17 Check History GL540R- V06.80 PAGE 3
08/09/2010 COUNCI LISTING
BANK VENDOR CHECK# CHECK DATE AMOUNT
BANK CHECKING ACCOUNT
BUNKER BEACH 135764 08/09/10 638.00
CARLSON PROFESSIONAL SER 135765 08/09/10 1,091.07
CARLSON TRACTOR 135766 08/09/10 52.94
CATCO PARTS SERVICE 135767 08/09/10 138.24
CENTER POINT ENERGY 135768 08/09/10 28.57
CHURCH OFFSET PRINTING I 135769 08/09/10 516.00
CINTAS FIRST AID- SAFETY 135770 08/09/10 204.48
CITY OF ST LOUIS PARK 135771 08/09/10 352.50
COMCAST 135772 08/09/10 64.90
COMMERCIAL ASPHALT 135773 08/09/10 4,942.31
COORDINATED BUSINESS SYS 135774 08/09/10 551.86
DAKOTA COUNTY RECEIVING 135775 08/09/10 201.00
DAY - TIMERS, INC. 135776 08/09/10 50.17
DEMCO MEDIA 135777 08/09/10 188.68
DISCOUNT STEEL INC 135778 08/09/10 50.23
DLT SOLUTIONS 135779 08/09/10 1,145.26
ED'S TROPHIES INC 135780 08/09/10 70.26
EHLERS & ASSOCIATES INC 135781 08/09/10 100.00
FACTORY MOTOR PARTS INC 135782 08/09/10 92.10
FAIRVIEW CLINICS 135783 08/09/10 84.00
FIDELITY BUILDING SERVIC 135784 08/09/10 4,708.19
FILFILLAH CAFE L REST 135785 08/09/10 1,000.00
FIRE EQUIPMENT SPECIALTI 135786 08/09/10 1,472.15
FIRST FINANCIAL TITLE AG 135787 08/09/10 88,017.50
FIRST NATIONAL INSURANCE 135788 08/09/10 1,000.00
FLEX COMPENSATION, INC 135789 08/09/10 125.00
G & K SERVICES INC 135790 08/09/10 431.82
GALE GROUP /THE 135791 08/09/10 424.12
GENERAL REPAIR SERVICE, 135792 08/09/10 1,262.46
GENUINE PARTS /NAPA AUTO 135793 08/09/10 591.53
GIS RANGERS LLC 135794 08/09/10 5,203.28
GOPHER BEARING COMPANY 135795 08/09/10 12.14
HD SUPPLY WATER WORKS 135796 08/09/10 350.80
HEIGL TECHNOLOGIES 135797 08/09/10 53.44
HERRINGER /GERRY 135798 08/09/10 35.00
HOME DEPOT #2802 135799 08/09/10 26.61
INFRATECH 135800 08/09/10 687.31
INTEGRATED LOSS CONTROL 135801 08/09/10 378.00
INTOXIMETER INC 135802 08/09/10 1,252.58
KANDI KOUNTRY INC 135803 08/09/10 82,594.07
KENNEDY & GRAVEN 135804 08/09/10 5,677.24
KIMLEY -HORN & ASSOCIATES 135805 08/09/10 42,797.64
LEAGUE OF MN CITIES INS 135806 08/09/10 9,863.00
LINDER'S GREENHOUSES 135807 08/09/10 64.13
MARCO, INC 135808 08/09/10 22.67
MENARDS CASHWAY LUMBER -F 135809 08/09/10 48.39
METRO WELDING SUPPLY 135810 08/09/10 46.25
63
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
08/05/2010 17 Check History GL540R- V06.80 PAGE 4
08/09/2010 COUNCIL LISTING
BANK VENDOR CHECK# CHECK DATE AMOUNT
BANK CHECKING ACCOUNT
MID CITY MECHANICAL INC 135811 08/09/10 1,627.40
MIDWAY FORD 135812 08/09/10 188.78
MIDWEST TAPE 135813 08/09/10 51.96
MINNESOTA LIBRARY ASSOC. 135814 08/09/10 135.00
MN DEPT OF TRANSPORTATIO 135815 08/09/10 259.74
MN SECRETARY OF STATE OF 135816 08/09/10 40.00
MTI DISTRIBUTING 135817 08/09/10 23.31
NEXTEL COMMUNICATIONS 135818 08/09/10 39.99
NSI MECHANICAL CONTRALTI 135819 08/09/10 418.75
OFFICE DEPOT 135820 08/09/10 404.24
OLSON'S PLUMBING 135821 08/09/10 190.50
OMNIGRAPHICS, INC 135822 08/09/10 370.00
ON SITE SANITATION INC 135823 08/09/10 959.93
ORKIN INC 135824 08/09/10 28.87
PRO GRAPHICS 135825 08/09/10 34.20
RICOH AMERICAS CORPORATI 135826 08/09/10 319.25
RIGS AND SQUADS INC 135827 08/09/10 8,042.10
ROBINSON LANDSCAPING INC 135828 08/09/10 37.41
S & T OFFICE PRODUCTS IN 135829 08/09/10 85.57
SCHELEN GRAY ELECTRIC 135830 08/09/10 203,49
SHAMROCK GROUP -ACE ICE 135831 08/09/10 127.05
STANDARD & POOR'S CORP. 135832 08/09/10 685.44
STAPLES ADVANTAGE 135833 08/09/10 310.74
STOPTECH LTD 135834 08/09/10 35.07
STRAUGHAN HARDWARE 135835 08/09/10 150,00
STREICHER'S GUN'S INC /DO 135836 08/09/10 65.01
SUN PUBLICATION INC 135837 08/09/1u 27.23
T- MOBILE INC 135838 08/09/10 515.80
TEE'S PLUS 135839 08/09/10 108.00
TENNANT COMPANY 135840 08/09/10 118.58
TERMINAL SUPPLY CO, INC 135841 08/09/10 43.33
THREE RIVERS UMPIRE ASSO 135842 08/09/10 455.00
TRIO SUPPLY COMPANY 135843 08/09/10 71.58
TRUGREEN CHEMLAWN 135844 08/09/10 263.87
UNIVERSITY OF MINNESOTA 135845 08/09/10 70.00
VEOLIA ES SOLID WSTE MDW 135846 08/09/10 112,610.82
WACKENHUT CORPORATION /TH 135847 08/09/10 427.13
WEST TITLE LLC 135848 08/09/10 150.00
WHOLESALE TRUCK -TRLR PR 135849 08/09/10 290.49
WOODWORTH /JUDY M 135850 08/09/10 176.06
WW GRAINGER,INC 135851 08/09/10 522.49
YOCUM OIL COMPANY INC 135852 08/09/10 16,243.41
ZAHL - PETROLEUM MAINTENAN 135853 08/09/10 603.84
10,000 LAKES CHAPTER 135854 08/09/10 85.00
1,650,784.31
64
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
08/05/2010 17 Check History GL540R-V06.80 PAGE 5
08/09/2010 COUNCIL LISTING
BANK VENDOR CHECK# CHECK DATE AMOUNT
REPORT TOTALS: 1,650,784.31
RECORDS PRINTED - 001065
65
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
08/05/2010 17:22:59 Check History GL060S- V06.80 RECAPPAGE
GL540R
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
101 GENERAL 18,652.47
201 COMMUNITY DEVELOPMENT FUND 1,282.17
204 EDA ADMINISTRATION 4,165.48
212 STATE AID MAINTENANCE 4.68
240 LIBRARY 11,089.30
261 AFTER - SCHOOL PROGRAMS 2,778.12
265 FORFEITURE FUND 1,487.50
270 POLICE COMMUNITY PROGRAMS 346.71
315 SULL - SHORES:TX GO BONDS2008A 26,507.50
340 GO IMPROV /REV BONDS 2006A 35,140.28
341 GO STREET REHAB BONDS 2007A 17,994.38
343 GO PUB SAFETY CTR BOND 2008B 220,333.75
344 GO PUBFACILITIES BONDS 2009A 68,080.63
371 TIF T4: KMART /CENTRAL AVE 12,992.50
376 TIF DISTRICTS A3 /C7 /C8 216,739.43
388 G 0 IMPROVE /REV BONDS 2003A 13,100.00
402 STATE AID CONSTRUCTION 43,057.38
408 EDA HOUSING MAINTENANCE FUND 126.00
415 CAPITAL IMPRVMT - PIR PROJ 7,327.68
417 PUB SAFETY BLDG CONSTRUCTION 1,261.94
420 CAP IMPROVEMENT - DEVELOPMENT 1,415.50
431 CAP EQUIP REPLACE - GENERAL 90,636.17
601 WATER UTILITY 2,909.01
602 SEWER UTILITY 3,430.54
603 REFUSE FUND 113,858.00
604 STORM SEWER UTILITY 491.51
609 LIQUOR 293,798.33
631 WATER FUND DEBT SERVICE 32,893.73
634 STORM SEWER DEBT SERVICE 6,902.24
639 LIQUOR FUND DEBT SERVICE 20.00
701 CENTRAL GARAGE 21,357.81
720 INFORMATION SYSTEMS 1,121.59
875 FISCAL AGENCY: GIS RANGER 5,203.28
883 CONTRIBUTED PROJECTS -OTHER 1,012.11
884 INSURANCE 101,312.25
885 PAYROLL FUND 271,829.34
887 FLEX BENEFIT FUND 125.00
TOTAL ALL FUNDS 1,650,784.31
BANK RECAP:
BANK NAME DISBURSEMENTS
66
ACS FINANCIAL SYSTEM CITx
08/05/2010 17:22:59 Check History GL060S-V0b.,
GL54OR
BANK RECAP:
BANK NAME DISBURSEMENTS
BANK CHECKING ACCOUNT 1,650,784.31
TOTAL ALL BANKS 1,650,784.31
67
CITY COIJNCIL LETTER
Meeting of August 9,20|0
AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY
Hearings Fire MANAGER
NO: APPROVAL
ITEM: Adopt Resolution For BY: Gary Gorman BY
• .d
DATE: August 3, 2010 DATE:
NO: 10-64 to 10-65
Declaration ofa nuisance and abaternent of violations within the City of Columbia
Heights is requested regarding properties at
2010-64 — 4017 4 Street
20!0-65-403]Fillnoon:Street
for failure to meet the requirements of the Residential Maintenance Code.
RECOMMENDED MOTION: Move to close the public hearing and to waive the
reading of Resolution Numbers 2010-64, and 65 there being ample copies available
to the puhlic.
RECOMMENDED MOTION: Move to adopt Resolution Numbers 2010-04" and
2010'65 being resolutions of the City Council of the City of Columbia Heights
declaring the properties listed a nuisance and approving the abatement ofviolations
froni the properties pursuant to City Code section 8.206.
. .
COUNCIL ACTION:
68
RESOLUTION 2010-64
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of
the property owned by GMAC Mortgage LLC (Hereinafter 'Owner ofRecord").
Whereas, the owner ofrecord is the legal owner ofthe rcu|propcdy\ncntcdut4O174
Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8.206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mali to the owner ofrecord on July 13, 2010.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council ofthe City ofCoiumbia Heights makes the following:
FINDINGS OF FACT
1. That on June 10, 2010 an inspection was conducted on the property listed above. Inspectors
found violations. A compliance order was sent via regular mali to the owner at the address.
2. That on July 13, 2010 inspectors reinspected the property listed above. lnspectors noted that
violations remained uncorrected. A compliance order and statement of cause was mailed via
regular mail to the owner listed in the property records.
3. That on July 28, 2010 inspectors reinspected the property and found that violations remained
uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
ofCity Codes(s) were found to exist, to wit:
A. Shaii repair/repiace the overhead garage door,
B. Shall scrape and paint wherever there is peeling paint on the structure. THE
GARAGE.
C. Shall replace the rotten trim on the garage.
D. Shali remove the TV in the rear.
5. That all parties, including the owner of record and any occupants or tenants, have been given
the appropriate notice of this hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCEL
1. That the property located at 4017 4 m Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice of Abatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of vioiations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
69
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COUNCIL
1. The property located at 4017 4 Street N.E. constitutes a nuisance pursuant to City Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz. CMC
City Clerk
70
RESOLUTION 2010-65
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance
and approving abatement of ordinance violations pursuant to Chapter 8, Article 11, of City Code, of
the property owned by Nangah N. Tabah (Hereinafter "Owner ofRecord").
Whereas, the owner of record is the legal owner of the real property located at 4633 Fillmore Street
N.E. Columbia Heights, Minnesota.
And whereas, pursuant to Columbia Heights Code, Chapter 8, Article II, Section 8206, written
notice setting forth the causes and reasons for the proposed council action contained herein was sent
via regular mail to the owner of record on July 13, 2010.
Now. therefore, in accordance with the foregoing, and all ordinances and regulations of the City of
Columbia Heights, the City Council of the City ofColumbia Heights makes the following:
FINDINGS OF FACT
1. That on June I 0, 2010 an inspection was conducted on the property listed above. Inspectors
found violations. A compliance order was sent via regular mail to the owner at the address.
2. That on July 13, 2010 inspectors reinspected the property listed above. Inspectors noted that
violations rernained uncorrected. A compliance order and staternent ofcause was niailed via
regular mail to the owner listed in the property records.
3. That on July 28, 2010 inspectors reinspected the property and found that violations remained
uncorrected.
4. That based upon said records of the Fire Department, the following conditions and violations
ofCity Codes(s) were found to exist, to wit:
A. Shall repair all screens.
5. That alt parties. including the owner ofrecord and any occupants or tenants, have been given
the appropriate notice ofthis hearing according to the provisions of the City Code Section
8.206(A) and 8.206(B).
CONCLUSIONS OF COUNCIL
1. That the property located at 4633 Fillmore Street N.E. is in violation of the provisions of the
Columbia Heights City Code as set forth in the Notice ofAbatement.
2. That all relevant parties and parties in interest have been duly served notice of this hearing,
and any other hearings relevant to the abatement of violations on the property listed above.
3. That all applicable rights and periods of appeal as relating to the owner of record, occupant,
or tenant, as the case may be, have expired, or such rights have been exercised and
completed.
ORDER OF COIIJNCIL
I. The property located at 4633 FU|mocc Street N.E. constitutes a nuisance pursuant to City
Code.
2. That a copy of this order shall be served upon all relevant parties and parties in interest.
Passed this day of 2010
Offered by:
Second by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz,CMC
City Clerk
72
CITY COUNCIL LETTER
Meeting of: August 9, 2010
AGENDA SECTION: ORDINANCES/RESOLUTIONS ORIGINATING CITY
NO: DEPARTMENT: MANAGER'S
APPROVAL ,
ITEM: Second Reading of Ordinance 1583, BY: LINDA MAGEE BY: e,. ;.,,
Cable Television Franchise Ordinance and DATE: 7 DATE:
Approval of Commitment Letter
N[]:
The existing cable franchise awarded by the City ofColumbia Heights expired in November of 2006. Since then.
the existing franchise agreement, now held by Comcast of Minnesota, Inc. ("Comcast"), has been continuing on a
month to month basis.
Over the past several years, City Manager Walt Fehst, Assistant to the City Manager/HR Director Linda Magee,
Councilmember Bruce Nawrocki, and Attorney Steve Guzzetta have been meeting with Comcast representatives Kathi
Donnelly-Cohen. Emmett Coleman, and Attorney Steve Holmes to negotiate a cable franchise renewal that would best
meet the City's cable-related needs and interests. Afternumerous meetings, a proposed franchise was agreed upon by
the parties' respective negotiating teams on or about July 9, 2010.
At the Telecommunications Commission meeting ofJuly 15, 2010, the commission members reviewed the proposed
Cable Television Franchise Ordinance and commitment letter from Comcast. After duly considering the community's
cable-related needs, input froni the public, and the public interest, the Comniission passed the following motion:
"Recommend the City Council hold the firstreading ufOrdinance 1583 in substantially the same form it
was presented in at this meeting, and to schedule a second reading to adopt Ordinance 1583, being an
ordinance granting a franchise to Comcast of Minnesota, Inc. to construct, operate, and maintain a cable
system in the City of Columbia Heights. Minnesota to provide cable service and to approve the
connrniUncnt|ctter."
Attached is a summary of the franchise renewal terms, Ordinance 1583, and the commitment letter from Comcast.
The City Council held the first reading of Ordinance |583ut their meeting uf July 26,2Ol0. Staff recommends
adoption of Ordinance 1583 and approval of the cotnmitment letter agreement dated July 8. 2010, between
Comcast and the City o[ Columbia Heights.
RECOMMENDED MOTION: Move to waive the reading of Ordinance 1583, a Cable Television Franchise
Ordinance. there being ample copies available to the public.
RECOMMENDED MOTION: Move to adopt Ordinance 1583, being an ordinance granting a franchise to Corncast of
Minnesota, Inc. to construct, operate, and maintain a cable system in the City ofColumbia Heights, Minnesota to
provide cable service; setting forth conditions accornpanying the grant ofthe franchise; providing for regulation and
use of the system and the public rights-of-way in conjunction with the city's right-of-way ordinance, if any, and
prescribing liquidated damages for the violation of the provisions herein.
RECOMMENDED MOTION: Move to approve the Commitment Letter Agreement between Comcast and the City of
Colunibia Heights, dated July 8.2010, and to authorize the Mayorand City Managerto execute such Commitment
Letter Agreement.
COUNCIL ACTION:
73
SUMMARY OF FRANCHISE RENEWAL TERMS FOR THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA
PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS
SUPPORT /OBLIGATIONS
• Within thirty (30) days of the effective date of the renewal franchise, Comcast of
Minnesota, Inc. ( "Comcast ") will provide the City of Columbia Heights, Minnesota
(the "City ") with a capital grant in the amount of $194,842.00 that can be used to
purchase new video equipment, for institutional network construction or for other
permitted capital purposes. Comcast will recover this grant, plus 4.5% interest, via a
line item on subscriber bills over the term of the franchise.
• Comcast will provide all cabling and other electronics, equipment, software and other
materials necessary to transport all public, educational and governmental ( "PEG ")
access signals from their origination points at City Hall, the public library and the
high school to the appropriate subscriber network channel (e.g., Channel 15).
• Comcast will reserve and dedicate four (4) downstream channels on the cable system
for PEG access use. This is the number requested by the City based on current usage
and availability of programming. One of these channels will immediately be loaned
to Comcast for commercial use but can be reclaimed by the City. Two of the
remaining channels will be utilized by the City (for government and library
programming). I.S.D. #13 will retain its channel for educational use. Additional PEG
channels can be procured if the standards set forth in Minn. Stat. § 238.084 are met.
• Due to lack of demand, the City will not initially have a public access channel or
dedicated studio for use by the community. However, the City can reclaim the
loaned PEG channel for public access use or re- designate one of the other PEG
channels for that purpose. It may also possible for citizens to use the studio at the
high school to produce programming for carriage on any future public access
channel.
• Comcast is responsible for ensuring that PEG channels are at the same or better level
of technical quality and reliability as commercial channels carried on the cable
system.
• Comcast agrees to waive any right it has to recover from the City or subscribers any
uncollected PEG costs from the current franchise.
• Comcast will continue to carry regional channel 6 in accordance with state law.
74
II. SEPARATE LETTER AGREEMENT
• In addition to a franchise agreement, the City and Comcast will enter into a separate
letter agreement which contains a number of financial and in -kind commitments that
Comcast has made to the City. The purpose for entering into a separate agreement is
to insulate the City from claims that certain PEG access - related costs can be offset
against or deducted from franchise fees. In addition, because the obligations in the
letter agreement are not technically franchise requirements, the costs associated with
certain obligations cannot be passed through to subscribers in basic service,
equipment and installation rates.
• Pursuant to the letter agreement, on the effective date of the franchise, Comcast will
transfer ownership of $65,000.00 worth of equipment currently housed at the
community access studio to the City. It is anticipated that this equipment will be
installed at the high school studio and will be available for use by students, school
officials and the City, free of charge.
• If Comcast moves PEG channels during the franchise tern, it will pay the City
$3,500.00 per relocation event to defer costs associated with changes of letterhead
and signage and designing promotional spots. Comcast will also provide public
service announcements of any relocation on advertiser supported channels.
• At no cost to the City, Comcast will interconnect its system with cable systems in
adjacent communities under prescrioed conditions so as to enable the sharing of PEG
signals across jurisdictional boundaries. Comcast may recover reasonably certain and
quantifiable interconnection costs in its rate base to the extent permitted by law.
III. PEG FEE
• The current PEG Fee paid by subscribers is $2.57 per subscriber per month. At
present. the PEG Fee is imposed by Comcast primarily to recover the costs of
operating the community access studio. Because a stand -alone community access
studio will be eliminated as a result of the franchise renewal process, the amount of
the PEG Fee should drop considerably.
• Because PEG - related costs in the renewal franchise agreement are less than those in
the prior franchise, subscriber rates should decrease initially. In this regard, the
renewal franchise requires Comcast to pass reduced PEG costs through to subscribers.
• Comcast will recover the $194,842.00 PEG grant via a line item on subscriber bills.
IV. CABLE SYSTEM DESIGN
• Comcast will continue to operate and maintain an interactive, state -of -the -art cable
system, with a minimum capacity of 200 channels, that is capable of being upgraded
to meet subscriber demand for new services.
2
75
• The system will conform to or exceed all applicable Federal Communications
Comm ission ('FCC") performance standards.
• System reliability will be ensured by standby power at each power supply Iocation.
• The system will have facilities and equipment sufficient to (1) cure violations ofFCC
technical standards and (ii) ensure compliance with applicable federal, state and local
rules, regulations, practices and guidelines pertaining to the operatiori of cable
systems.
• Comcast will maintain an emergency alert system ("EAS") that complies with
applicable requirements.
V. INSTITUTIONAL NETWORK
• Based on the City's current network needs and capabilities (including the existence of
City-owned fiber lines), the existing coaxial cable institutional network (which is
very old and hardly used) will be eliniinated.
• In lieu ofproviding the old institutional network. Comcast has agreed to construct
fiber-optic connections to the public safety facility and the three municipal liquor
stores for a cost not to exceed $09,842.00, when requested by the City. The capital
grant furnished 1n the City can be used to defray these construction costs.
• After the fiber network is constructed, the City would then enter into a managed
network services agreement with Conocustor its affiliate for data speeds ranging from
20 Mbps to 100 Mbps at designated locations. These speeds significantly exceed
those currently provided to the City and have been requested by the City's IT
department to meet current and future needs.
• The City would have exclusive use of the l-Net and could use it to transmit and
receive voicc, video and data signals for lawful and noncommercial governmental
and educational purposes.
• Comcast will continue to provide free cable modem service to City Hall, the
municipal liquor stores and the new City gymnasium unless and until the fiber
connections are constructed and fully functional,
VI. FREE SERVICES TO CERTAIN LOCATIONS/SUBSCRIBERS
• One free cable system drop, outlet, converter and remote control will be provided or
will continue to the locations designated in Exhibit B to the renewal franchise
ordinance (i.e., virtually every City building). These locations witi aso receive free
cable service. Additional drops and outlets can be installed at actual cost, which
would be borne by the City.
3
76
• The free universal PEG tier specified in the 1994 Memorandum of Understanding
will likely be phased out over the franchise term. As of the effective date of the
renewal franchise, no new universal PEG service customers will be added. Existing
Universal PEG service subscribers (of which there are approximately 70 in the City)
will continue to be served until Comcast converts the basic service tier to a digital -
only format. At that point, remaining universal PEG service subscribers will be
offered the option of receiving basic cable service at a reduced rate of 50% off the
standard rate card then in effect for a period of six (6) months. Comcast may recover
the cost of providing this discount in any manner allowed by law.
VII. FRANCHISE FEES
• Comcast will pay a franchise fee of 5% of gross revenues to the City. Franchise fee
payments will be made to the City on a quarterly basis.
• The definition of "gross revenues" is broad and addresses the bundling of services
(i.e., cable service, Internet access and /or telephone service) in such a way to ensure
that package discounts are not unfairly levied on the revenue base that is subject to
cable franchise fees.
VIII. FRANCHISE TERM
• The term of the franchise will run from the effective date until December 31, 2015,
unless sooner revoked, terminated, renewed or extended by the City. This term
reflects, in part, the amount of financial and in -kind support Comcast is providing to
the City, and the likelihood that technologies and the law may change significantly
over the next five years.
IX. LETTER OF CREDIT
• Comcast will file a $25,000.00 letter of credit with the City. The letter of credit can
be used by the City to ensure that Comcast pays all amounts due and makes the City
whole in the event it fails to comply with the terms and conditions of the franchise.
The letter of credit can be drawn on for up to 120 days. After it stops collecting
liquidated damages from the letter credit or from Comcast, the City may invoke all
equitable and legal remedies available under the franchise and applicable law.
X. INSURANCE AND INDEMNIFICATION
• Comcast will indemnify the City against all liability and damages arising out of or in
connection with the construction, operation, maintenance, repair and removal of the
cable system, and enforcement of the franchise.
4
77
• As part ofits indemnification, Comcast wiH obtain general !iability and broadcaster's
insurance that names the City and its officers and elected and appointed officials as
additional insureds.
XI. CUSTOMER SERVICE
• Comcast will be required to comply with custorner service standards that are based on
the standards adopted by the Federal Cornrnunications Cornmission. By way of
example, Comcast must operate a 24-hour, toll-free telephone number that
subscribers and non-subscribers can caII to inquire about services, to register
complaints and to make requests.
• Under normal operating conditions, telephone answer time by a customer service
representative, including wait time, rnust not exceed 30 seconds from the time a
connection is made. {focall needs to be transferred, the transfer time cannot exceed
30 seconds. These standards must be met no Iess than 90% ofthe time, under norrnal
operating conditions, measured on a quarterly basis.
• Excluding conditions beyond its control, Corncast must begin working on service
interruptions within 24 hours after a service interruption becomes known.
p Service and installation appointments must be scheduled in four-hour time blocks
from at least 8a.nnto 7 p.m.
• Comcast will provide a drop box for the payrnent ofbills in the City.
• Corncostrnuy recoup from subscribers any direct and verifiable costs it incurs to
comply with customer service standards that are stricter than or in addition to the
FCC's standards. to the extent perrnitted by |uv/.
XID. SCOPE OF' NCHISE
• The renewal franchise only authorizes Comcast to provide cable service in the City.
[nnucust is not authorized by the franchise to provide non-cable services.
• At the same time, however, the renewal franchise does not limit Comcast's ability to
provide non-cable services, as long as Comcast has obtained any requisite
authorizations to provide such services.
XIH. COMPETITIVE EQUITY
• The renewal franchise contains a provision which states that the City will amend
Comcast's franchise, upon request, if the City grants an additional cable service
franchise that contains material terms which are substantially more favorable or less
burdensome to the additional franchise holder than the material terms in the Comcast
franchise. Word for word identical franchises are not required.
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• The City may also have to modify Comcast's franchise if federal or state law permits
a wireline cable service provider to furnish cable service in the City without a cable
service franchise.
XIV. RIGHT -OF -WAY MANAGEMENT
• The City retains authority over the use of its public rights -of -way.
XV. LINE EXTENSION
• Comcast must extend its system, upon request, to provide service to all persons
located in the City without charging more than the standard installation charge for an
individual drop.
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ORDINANCE NO. 1583
CITY OF COLUMBIA HEIGHTS, MINNESOTA
CABLE TELEVISION FRANCHISE ORDINANCE
Date: [INSERT]
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ORDINANCE NO. 1583
AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC. TO
CONSTRUCT, OPERATE, AND MAINTAIN A CABLE SYSTEM IN THE CITY OF
COLUMBIA HEIGHTS, MINNESOTA TO PROVIDE CABLE SERVICE; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR
REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS -OF -WAY IN
CONJUNCTION WITH THE CITY'S RIGHT -OF -WAY ORDINANCE, IF ANY, AND
PRESCRIBING LIQUIDATED DAMAGES FOR THE VIOLATION OF THE PROVISIONS
HEREIN.
The City Council of the City of Columbia Heights, Minnesota ordains:
STATEMENT OF INTENT AND PURPOSE
The City of Columbia Heights, Minnesota (the "City ") intends, by the adoption of this Franchise,
to allow for the continued operation of a Cable System within easements dedicated for compatible
uses and Rights -of Way to the extent authorized by law and regulation. Such continued operation
can contribute significantly to the communication needs and desires of the residents and citizens of
the City and the public generally. Further, the City may achieve better utilization and improvement
of public services and enhanced economic development with the continued operation of a Cable
System.
Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and
its residents.
FI IINGS
After considering the Grantee's request and proposal for renewal, and negotiations related thereto,
and as a result of a public hearing. the City Council makes the following findings:
1. The Grantee's technical ability, financial condition, legal qualifications, and
character were considered and approved in a full public proceeding after due notice
and a reasonable opportunity to be heard;
2. Grantee's plans for maintaining and operating the System were considered and
found adequate and feasible in a full public proceeding after due notice and a
reasonable opportunity to be heard;
3. The Franchise granted to Grantee by the City complies with applicable Minnesota
Statutes, federal laws and regulations; and
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4. The Franchise granted to Grantee is nonexclusive.
SECTION 11.101
SHORT TITLE AND DEFINITIONS
(A) Short Title. This Franchise Ordinance shall be known and cited as the "Cable
Communications Code."
(B) Definitions. For the purposes of this Franchise, the following terms. phrases, words, and
their derivations shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future tense; words in the plural
number include the singular number; words in the singular number include the plural; and
the masculine gender includes the feminine gender. Unless otherwise expressly stated.
words not defined herein or in the City Code shall be given the meaning set forth in Title
47 of the United States Code, as amended, or Chapter 238 of Minnesota Statutes. as
amended and, if not defined therein, the words shall be given their common and ordinary
meaning. The word "shall' is always mandatory and not merely directory. The word
"may" is directory and discretionary and not mandatory.
(1) "Actual Cost' means the direct incremental cost to the Grantee of materials
(including any contractor materials) and capitalized labor (including capitalized
contractor labor) necessary to install and construct fiber -optic lines, coaxial cable,
copper wire and/or equipment.
(2) "Affiliate" means any Person who owns or controls, is owned or controlled by, or is
under common ownership and control with the Grantee.
(3) "Basic Cable Service" means any service tier which includes the retransmission of
local television broadcast signals, all PEG Access Channels that may be required by
47 U.S.C. § 543(b)(7)(A) and State law to be provided to Subscribers and any
additional video programming signals or services the Grantee chooses to provide on
the basic tier.
(4) "Cable Service" or "Service" means (1) the one -way transmission to Subscribers of
(a) video programming or (b) other programming services; and (2) Subscriber
interaction, if any, which is required for the selection or use of such video
programming, or other programming services. Cable Service, as defined herein,
does not include any service that is only classified as an information service or a
telecommunications service under applicable laws, orders and regulations. The
City and Comcast shall conform the definition of Cable Service herein to any
binding changes in applicable laws and regulations defining Cable Service or to any
binding orders or decisions defining Cable Service.
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(5) "Cable System" or "System" means the facility of the Grantee consisting of a set of
closed transmission paths and associated signal generation, reception and control
equipment that is designed to provide Cable Service, which includes video
programming and which is provided to multiple Subscribers within the City, but
such term does not include: (1) a facility that only serves to retransmit the television
signals of one or more television broadcast stations; (2) a facility that serves
Subscribers without using any Rights -of -Way; (3) a facility of a common carrier
which is subject, in whole or in part, to the provisions of Title 11 of the
Communications Act, except that such facility shall be considered a System (other
than for purposes of 47 U.S.C. § 541(c)) if such facility is used in the transmission
of video programming directly to Subscribers, unless the extent of such use is solely
to provide interactive on- demand services; (4) an open video system that complies
with 47 U.S.C. § 573; (5) any facilities of any electric utility used solely for
operating its electric utility system; or (6) a translator system which receives and
rebroadcasts over- the -air signals. The term "Cable System" or "System" also
includes a cable communications system as defined in Minn. Stat. § 238.02, subd.
3. The foregoing definitions of "Cable System" or "System" shall not be deemed to
circumscribe or limit the valid authority of the City to regulate or franchise the
activities of any other communications or information system or provider of
communications service or information service to the full extent permitted by law.
(6) "Channel" means a portion of the electromagnetic frequency spectrum which is
used in a Cable System and which is capable of delivering a television channel (as
television channel is defined by the Federal Communications Commission by
regulation) whether in an analog or digital format.
(7) "City " means City of Columbia Heights, a municipal corporation, in the State of
Minnesota, acting by and through its City Council, or its lawfully appointed
designee.
(8) "City Code" means the Columbia Heights City Code, as amended from time to
time.
(9) "City Council" means the governing body of the City.
(10) "Converter" means an electronic device (sometimes referred to as a receiver, set -top
unit or set -top box) which converts, decodes and /or decrypts signals to a frequency
or format acceptable to a television receiver or television monitor of a Subscriber
and by an appropriate selector permits a Subscriber to view all Subscriber signals of
a particular service.
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(||) "Drop" means the cable that connects the ground block on the Subscriber's
residence or institution to the nearest feeder cable ofthe System.
(12) "Educational Access Channel" or "Educational Channel" means any Channel(s) on
the System set aside by the Grantee for educational use by educational institutions,
as contemplated by applicable law.
(13) ^`FCC" means the Federal Communications Commission, its designee, and any
legaily appoirited. designated or elected agent or successor.
(14) ^`Froncbioe" or "Cable Fruncbinc" means this agreement, as may be amended from
time to time, any exhibits attached hereto and made a part hereof. and any related
ordinance adopted by the City Council approving this agreernent and awarding this
Francliise to the Grantee for the express purposes specified herein.
(15) "'Governmental Access Channel or "Governmental Channel" means any
Channel(s) on the System set aside by the Grantee for use by the City or its
designee(s).
(16) ^Gruntce" is Comcast of Minnesota, Inc. and its lawful and permitted successors,
transfcrees or assignees.
( "Gross Kcvcnue meunua|| revenue derived directly or indirectly by the Grantee or
its Affiliates, subsidiaries or parent from the operation of the Cable System in the
City to provide Cable Services. Gross Revenue includes, but is not limited to,
basic, premium, pay-per-view and other video fees, gross advertising revenues and
home shopping revenues. Installation, disconnection, and reconnection fees and
charges, equipment rental fees. equipment sale revenues, programming guide
revenues. Lockout Device revenues, FCC regulatory fees. leased access channel
fees, late fees and administrative fees and franchise fees. Gross Revenue shall not
include refundable deposits. bad debt (provided that bad debt that is written off but
subsequently collected shall be included in Gross Revenues in the period collected),
investment income, programming launch support payments, advertising sales
commissions paid to unaffiliated entities, nor any taxes, fees or assessments directly
imposed or assessed by any governmental authority on the Grantee's services that
arc collected by the Grantee on a governmental entity's behalf, provided that
franchise fees shall not be regarded as such taxes, fees or assessments. The City
acknowledges that [omcast maintains its financial books and records, including
those books and records pertaining to the City and the calculation of Gross
Revenues, in accordance with Generaily Accepted Accounting Principles.
In the event that the Grantee shall, during the term of this Franchise or any
extension(s) thereof, bundle, tie or combine Cable Services (which are subject to
the franchise fee provisions hereof) with non-Cable Services that are not subject to
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the franchise fee provisions hereof, so that Subscribers pay a single fee for more
than one class or type of service or receive a discount on Cable Services, a pro rata
share of the revenue received for the bundled, tied, or combined services shall, to
the extent reasonable, be allocated to Gross Revenues for purposes of computing
the franchise fee. To the extent there are published charges or a la carte prices and
they are reasonable under applicable law, the pro rata share of revenues allocated to
Gross Revenues shall be computed on the basis of the published charge or a la
carte price for each of the bundled. tied, or combined services, when purchased
separately. Throughout the term of this Franchise, the Grantee agrees that it will
not intentionally or unlawfully allocate service revenues for the purpose of evading
or reducing the franchise fee payments required herein.
If particular non -Cable Services and the revenues derived therefrom may be
lawfully included in Gross Revenues for the purpose of assessing a franchise fee at
any time after the Effective Date of this Franchise, the City may immediately
commence, though on a reasonable implementation schedule, the assessment of a
franchise fee on such services to the maximum amount permitted by applicable law.
(18) "Installation" means the connection of the System from feeder cable to the point of
connection with the Subscriber Converter, television monitor /receiver or other
terminal equipment.
(19) "Institutional Network" or "I -Net" means any discrete communications network,
regardless of transmission media used (e.g., coaxial cable and fiber -optic cable),
and services related to such network provided by the Grantee or its Affiliate to
identified institutions as required by this Franchise and any binding and effective
network services agreement between the City and the Grantee or its Affiliate.
(20) "Lockout Device means an optional mechanical or electrical accessory to a
Subscriber's terminal which inhibits the viewing of a certain program, certain
Channel, certain Channels or certain signals provided by way of the Cable System.
(21) "Memorandum of Understanding" or ``MOU" means that certain agreement dated
November 14, 1994, by and between Meredith/New Heritage Strategic Partners,
L.P., North Central Cable Communications Corporation and Group W. Cable of
Columbia Heights, Inc., Grantee's predecessor(s) in interest, and the City regarding
equipment replacement, universal PEG service, creation of a - PEG" fee and certain
rate regulatory issues.
(22) "Node" means the transition point between optical light transmission and RF
transmission of signals being delivered to and received from the Subscriber's
premises, or in the case of an Institutional Network, signals being delivered to and
received from Institutional Network sites, or in the case of a fiber -to- the - premises
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system, the transition point between the backbone network and the individual
premise connection.
(23) "Normal Business Hours" means those hours during which most similar businesses
in the community are open to serve customers. In all cases, "normal business
hours" must include some evening hours at least one night per week and /or some
weekend hours.
(24) "Normal Operating Conditions" means those service conditions that are within the
control of the Grantee. Conditions that are ordinarily within the control of the
Grantee include, but are not limited to, special promotions. pay - per -view events,
rate increases, regular peak or seasonal demand periods, and the maintenance or
upgrade of the System (including any 1 -Net). Conditions that are not within the
control of the Grantee include, but are not limited to, natural disasters, civil
disturbances, power outages, telephone network outages, and severe or unusual
weather conditions.
(25) "PEG" or "PEG Access" means public, educational and governmental access
programming. For purposes of this Franchise, "governmental includes (but is not
limited to) public libraries, the State, the City Council and City agencies and
departments, and the signals generated and transmitted by those entities.
(26) "Person" means any individual, partnership, association, joint stock company, joint
venture, domestic or foreign corporation, stock or non -stock corporation, limited
liability company, professional limited liability corporation, or other organization of
any kind, or any lawful successor or transferee thereof, but such tern does not
include the City.
(27) '`Public Access Channel(s)" means any Channel(s) on the System set aside by the
Grantee fir use by the general public, as contemplated by applicable law.
(28) '`Right -of -Way" or "Rights -of -Way" means the area on, below, or above a public
roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the
City has an interest, including other dedicated rights -of -way for travel purposes and
utility easements of the City which, consistent with the purposes for which they
were created, obtained or dedicated, may be used for the purpose of installing,
operating and maintaining a System and any I -Net. A Right -of -Way does not
include the airwaves above a Right -of -Way with regard to cellular or other non -
wire telecommunications or broadcast services. No reference herein to a "Right -of-
Way" shall be deemed to be a representation or guarantee by the City that its
interest or other right to control or use such property is sufficient to permit its use
for the purpose of installing, operating and maintaining the System or the 1 -Net
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(29) Right-of-Way Ordinance" means the ordinance codifying requirements regarding
regulation, management and use of Rights-of-Way in the City, including
registration and permitting requirements.
(30) "Standard Installation means any installation which can be completed using an
underground Drop of 125 feet or less oran aerial Drop of 250 feet or Iess.
(31) "State" means the State of Minnesota and its agencies arid departnients.
(32) "Subscriber means any Person or entity that lawfully receives Service via the
System. In the case of office buildings or multiple dwelling units, the "Subscriber"
means the Iessee. tenant or occupant.
SECTION 11.102
GRANT OF AUTHORITY AND GENERAL PROVISIONS
(A) Grant of Franchise. This Franchise is granted pursuant to the terms and conditions
contained herein and in applicable law. The Grantee shall comply with all provisions of
this Franchise and applicable laws. regulations and codes. Failure of the Grantee to
construct, operate and maintain a System as described in this Franchise or to meet
obligations and comply with all provisions herein and all applicable laws and regulations,
may he deemed u violation of this Franchise.
(B) Grant of Nonexclusive Authority.
(1) Subject to the terms of this Franchise, the City hereby grants the Grantee the
nonexclusive right to own, cnnstruc{, operate and maintain a System in, along,
among, upon. across, above, over, or under the Rights-of-Way. The grant of
authority set forth in this Franchise appiies oniy to the Grantee's provision nfCoh1c
Service; provided, hovvever, that nothing herein shall limit the Grantee's ability to
use the System for other purposes not inconsistent with applicable law or with the
provision of Cable Service; and provided further, that any local, State and federal
authorizations necessary and lawful for the Grantee's use of the System for other
purposes are obtained by the Grantee. This Franchise does not confer any rights
other than as expressly provided herein, or as provided by federal, State or local
law. No privilege or power of eminent domain is bestowed by this Franchise or
grant. The System constructed and maintained by Grantee or its agents pursuant to
this Franchise shall not interfere with other uses ofthe Rights-of-Way. The Grantee
shall make use of existing poles and other aerial and underground facilities
available to the Grantee to the extent it is technically and economically feasible to
do so. The City makes no representation or guarantee that its interest in or right to
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control any Right -of -Way is sufficient to permit the Grantee's use, and the Grantee
shall gain only those rights to use that are within the City's power to convey.
(2) Notwithstanding the above grant to use Rights -of -Way, no Right -of -Way shall be
used by Grantee if the City determines that such use is inconsistent with the terms,
conditions, or provisions by which such Right -of -Way was created or dedicated, or
with the present use of the Right -of -Way.
(3) This Franchise and the right it grants to use and occupy the Rights -of -Way shall not
be exclusive and this Franchise does not, explicitly or implicitly. preclude the
issuance of other franchises or similar authorizations to operate Cable Systems and
other video networks in the City.
(4) This Franchise authorizes only the use of Rights -of -Way for the provision of Cable
Service. Therefore. the grant of this Franchise and the payment of franchise fees
hereunder shall not exempt the Grantee from the obligation to pay compensation or
fees for the use of City property, both real and personal, other than the Rights -of-
Way; provided, however, that such compensation or fees are required by City
ordinance, regulation or policy and are lawful and nondiscriminatory.
(C) Lease or Assignment Prohibited. No Person or governmental body may lease Grantee's
System for the purpose of providing Cable Service to Subscribers until and unless such
Person shall have first obtained and shall currently hold a valid Franchise or other lawful
authorization containing substantially similar burdens and obligations to this Franchise,
including, without limitation. a requirement on such Person to pay franchise fees on such
Person's or governmental body's use of the System to provide Cable Services, to the extent
there would be such a requirement under this Franchise if the Grantee itself were to use the
System to provide such Cable Service. Any assignment of rights under this Franchise shall
be subject to and in accordance with the requirements of Section 1 1.1 10(E).
(D) Franchise Tenn. The term of this Franchise shall extend from the date of acceptance by
the Grantee until December 31, 2015, unless sooner renewed, revoked or terminated as
herein provided, or unless extended by the City.
(E) Previous Franchise.
(1) As of the Effective Date, this Franchise shall supersede and replace any previous
ordinance, as amended, of the City granting a Franchise to Grantee, including
Ordinance No. 982, amending Chapter 11 of Ordinance No. 853, passed November
9, 1981, and Ordinance No. 1202, passed June 25, 1990 (collectively, the "Prior
Franchise "). Except as otherwise specifically provided in this Franchise and the
letter agreement dated July 8, 2010, the Grantee shall remain liable for payments of
all franchise fees and other amounts owed under the Prior Franchise and for all
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unfulfilled actions that the Grantee was required to take under the Prior Franchise
up to the Effective Date of this Franchise, except where such obligations are
expressly superseded by this Franchise. The grant of this Franchise shall have no
effect on the Grantee's duty under the Prior Franchise to indemnify or insure the
City against acts and omissions occurring during the period that the Prior Franchise
was in effect.
(2) With respect to the MOU, the parties agree that, as of the Effective Date of the
Franchise, no new Universal PEG Service customers will be added. Existing
Universal PEG Service customers will be served until such time as the Grantee
provides Basic Cable Service in digital format only. At that time, current Universal
PEG Service customers will be offered the option of receiving Basic Cable Service
at a reduced rate of 50% off the standard rate card rate then in effect for a period of
six months. The Grantee may recover the cost of any such discount in any manner
allowed by law.
(F) Compliance with Applicable Laws. Resolutions and Ordinances.
(1) The terms of this Franchise shall define the contractual rights and obligations of the
Grantee with respect to the provision of Cable Service and operation of the System
in the City. However, the Grantee shall at all times during the term of this
Franchise be subject to all lawful exercise of the police powers of the City. The
grant of this Franchise does not relieve the Grantee of its obligations to obtain any
generally applicable licenses, permits and other authorizations as may be required
by the City Code, as it may be amended, for the privilege of operating a business
within the Rights -of -Way, to the extent not inconsistent with this Franchise. Except
as provided below. any unilateral modification or unilateral amendment to this
Franchise, or the rights or obligations contained herein, must be within the lawful
exercise of City's police powers, in which case the provision(s) modified or
amended herein shah be specifically referenced in an ordinance of the City
authorizing such amendment or modification. This Franchise may also be modified
or amended with the written consent of Grantee as provided in Section 11.113(C)
herein.
(2) The Grantee shall comply with the terms of any City ordinance or regulation of
general applicability which addresses usage of the Rights -of -Way within the City
which may have the effect of superseding, modifying or amending the terms of
Section 11.103 and /or Section 1 1.108(E)(3) herein, except that the Grantee shall
not, through application of such City ordinance or regulation of Rights -of -Way, be
subject to additional burdens with respect to usage of Rights -of -Way which exceed
burdens placed on similarly situated Rights -of -Way users. Nothing in this Section
shall prohibit Grantee from lawfully challenging any ordinance or regulation in a
manner consistent with applicable law.
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( In the event of any conflict between Section 11.103 and/or Section 11.108(E)(3) of
this Franchise and any City ordinance or regulation which addresses usage of the
Rights-of-Way, conflicting terms in Section 11.103 and/or Section 11.108(E)(3) of
this Franchise shall be superseded by such City ordinance or regulation, except that
the Grantee shall not, through application of such City ordinance or regulation of
Right-of-Way, be subject to additional burdens with respect to usage of Rights-of-
VVny which exceed burdens placed on similarly situated Right-of-Way users.
Nothing in this Section restricts Grantee's right to lawfully challenge any ordinance
under applicable Iaw.
(4) In the event any City ordinance or regulation which addresses usage of the Rights-
of-Way adds to, modifies, amends, or otherwise differently addresses issues
addressed in Section ||.|03 and/or Section 11.108(E)(3) of this Franchise. the
Grantee shall comply with such ordinance or regulation of general applicability,
regardless of which requirement was first adopted except that the Grantee shall not,
through application of such City ordinance or regulation of Rights-of-Way, be
subject to additional burdens with respect to usage of Rights-of-Way which exceed
burdens placed on similarly situated Rights-of-Way users. Nothing in this Section
restricts any right or cause of action Comcast may have to lawfully challenge in a
court ofcompetent jurisdiction any Right-of-Way Ordinance or regulation adopted
by the City which adds to. modifies, amends or differently addresses issues covered
in Section 11.103 and/or Section 11.108(E)(3) of this Franchise. Notwithstanding
the foregoing, the City does not waive or limit in any way all immunities,
arguments, rerncdieo, defenses and causes of action it may have under the
Minnesota Constitution, this Franchise and applicable laws, regulations, orders, and
decisions.
(G) Territorial Area Involved. This Franchise is granted for the corporate boundaries of the
City, as they exist from time to time. In the event of annexation by the City, or as
development occurs, any new territory shall become part of the territory for which this
Franchise is granted. The Grantee shall construct and extend its System so that it is able
provide Cable Service to: (i) all areas located within the City as they exist on the Effective
Date of this Franchise; and (ii) any areas which may be acquired, developed or annexed by
the City during the Franchise term, or otherwise added to the City's jurisdiction during the
Franchise term, or any extension thereof. Access to Cable Service shall not be denied to
any group of potential cable Subscribers because of the income ofthe residents ofthe area
in which such group resides. The Grantee shall be given a reasonable period of time to
construct and activate cable plant to service annexed or newly developed areas but in no
event to exceed twelve (12) months from notice thereofby the City.
(H) Written Notice. Except as otherwise provided herein, all notices, reports, or demands
required to be given in writing under this Franchise shall be deemed to be given when
delivered personally to any officer of the Grantee or the City's designated Franchise
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administrator, via courier or e-mail, or forty -eight (48) hours after it is deposited in the
United States mail in a sealed envelope, with registered or certified mail postage prepaid
thereon. addressed to the party to whom notice is being given, as follows:
If to City: City of Columbia Heights, Minnesota
590 40 Avenue N.E.
Columbia Heights, Minnesota 55421 -3878
Attention: City Manager
With copies to: Stephen J. Guzzetta
Bradley & Guzzetta, LLC
55 East Fifth Street
Suite 1220
St. Paul, Minnesota 55101
If to Grantee: Comcast
10 River Park Plaza
St. Paul, Minnesota 55107
Attention: Regional Vice- President
With copies to: Director of Government Affairs
Comcast
10 River Park Plaza
St. Paul, Minnesota 55107
Such addresses may be changed by either party upon notice to the other party given as provided in
this Section.
(1) Free Subscriber Network Drops and Cable Service to Designated Buildings and
Institutions.
(1) The Grantee shall provide, or continue to provide, free of charge, Installation
of one (1) subscriber network Drop, one (1) cable outlet,
one (I) Converter, if necessary, one (1) remote control, if necessary, all necessary
ports and monthly Basic Cable Service, the next highest level of Cable Service
available to all Subscribers, and any other service tier, regardless of transmission
format, that provides local broadcast and public, educational and /or government
services and /or programming, without charge to the institutions identified on and
consistent with Exhibit B attached hereto and made a part hereof, and such other
public, governmental or educational institutions subsequently designated by the
City which are located one hundred -fifty (150) feet or less from the existing
subscriber network, in the case of underground connections, or two hundred -fifty
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(250) feet or less from the existing subscriber network, in the case of aerial
connections. Any such institution located more than one hundred -fifty (150) feet
from the nearest feeder cable, where an underground connection is requested or
required, or two hundred -fifty (250) feet from the nearest feeder cable, where an
aerial connection is requested or permitted, shall be connected if such institution
agrees to reimburse the Grantee for the Grantee's Actual Costs in excess of the
Actual Costs of the initial one hundred -fifty (150) fee or two hundred -fifty (250)
feet of construction, as the case may be. The Grantee shall have three (3) months
from the Effective Date of this Franchise to complete the construction of Drops and
outlets not already installed, unless weather or other conditions beyond the control
of the Grantee require more time. Free Drops, outlets, equipment and commercial
Cable Service programming provided pursuant to this paragraph shall not
intentionally be made available for regular use or viewing by the general public,
except as specifically provided on Exhibit B. For purposes of the foregoing
sentence, the term "general public" does not include the City's employees, elected
and appointed officials, commissioners and agents.
(2) Additional subscriber network Drops and /or outlets provided to any of the
institutions and locations identified on Exhibit B may be installed by the Grantee at
the Grantee's Actual Cost, subject to verified technical limitations and Comcast's
reasonable business practices concerning scheduling of Installations, provided that
additional Drops and /or outlets requested under this Section 11.102(1)(2) shall be
given priority status. Alternatively, said institution may add additional Drops and /or
outlets at its own expense, as long as such Installation meets the Grantee's
standards. Equipment that may be necessary to utilize additional Drops and /or
outlets shall be furnished by an institution at its own expense. The Grantee shall
have three (3) months from the date of City designation of additional institution(s)
and locations to complete construction of the Drop and outlet unless weather or
other conditions beyond the control of the Grantee require more time. The
provision of any institutional Network service is addressed in Section 11.107
herein.
(3) If there is a change in the Grantee's technology that affects the ability of municipal,
public and educational institutions to receive Basic Cable Service, the next highest
level of Cable Service available to all Subscribers, and any other service tier that
provides local broadcast and PEG services /programming, the Grantee shall be
required to replace, at the Grantee's cost, all the Converters and remote controls
provided to municipal, public and educational institutions pursuant to Section
11.102(1)(1). The equipment provided pursuant to this paragraph shall not
intentionally be made available for regular use by the general public, other than to
view non - commercial Cable Service programming, as provided by Exhibit B. For
purposes of the foregoing sentence the tern "general public" does not include the
City's employees, elected and appointed officials. commissioners and agents.
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(4) In exchange for other consideration provided for in this Franchise, the Grantee
voluntarily agrees that any and all costs and expenses associated with the provision
of Basic Cable Service, cable programming service, Drops, outlets, Converters,
ports and remote controls pursuant to this Section |\.|O2(1)(l), (2) and (3) shall not
be offset against franchise fees paid to the City.
(J) Effective Date. This Franchise shall become effective on (the - Effective Date"),
provided that: (i) all conditions precedent to its effectiveness as an ordinance ofthe City
have occurred; (ii) all conditions precedent to its execution are satisfied; (iii) it has been
approved and adopted by the City Council in accordance with applicable law; and (iv) it
has been accepted and signed by the Grantee and the City in accordance with Section
11.114.
(K) Competitive Equity.
(1) Any Cable Service Franchise granted by the City shall be nonexcliisive and shall
not preclude the City from granting other or further Cable Service franchises. The
City reserves the right to grant one (1) or more additional Cable Service franchises.
The City shall amend this Fruochisc, as requested by the Grantee, if it grants
additional Cable Service franchises or similar authorizations that contain material
terms or conditions which are substantially more favorable or Iess burdensome to
the additional franchise holder than the material terms and conditions herein. A
word for word identical franchise or authorization for a competitive entity is not
required so long as the regulatory and financial burdens on each entity are generally
equivalent.
(2) Notwithstanding any provision to the contrary, at any time prior to the
commencement of the Grantee's thirty-six (36) month renewal window under
Section 6I6 of the Cable Communications Policy Act of 1984, as amended. 47
USC. § 546, that a non-wireless facilities based entity, legalty authorized by State
or federal |uvv, makes available for purchase by Subscribers or customers, Cable
Services within the City without a Cable Service franchise or other similar lawful
authorization granted by the City, then the Grantee shall have a right to request
Franchise amendments that relieve it of regulatory burdens that create a substantial
competitive disadvantage to the Grantee. In requesting amendments, the Grantee
shall file a petition seeking to amend this Franchise. Such petition shall: (a)
indicate the presence of such wireline competitor and identify the competitor and
the scope of its service area; (b) describe the Cab!e Services offered to Subscribers
or customers by the competitor; (c) identify the Franchise terrns and conditions for
which Grantee is seeking amendments; (d) provide the text of all proposed
Franchise amendments to the City, along with a written explanation and
justification as to why the proposed amendments are necessary; and (e) identify all
material terms or conditions in the applicable State or federal authorization which
are substantially more favorable or less burdensome to the competitive entity.
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Provided the Grantee fiully cooperates with the City and provides all requested data
the City shall act on the petition within 120 calendar days unless the parties agree
to an extension oftime. The City may consider all relevant factors, evidence and
circurnstances in making its decision under this paragraph.
(3) In the event an application for an additional Cable Service franchise is filed with the
City, the City shall notifi the Grantee.
SECTION 11.103
CONSTRUCTION STANDARDS
(A) Registration. Permits and Construction Codes.
( Grantee shall strictly adhere to all State and local laws and building and zoning
codes currently or hereafter applicable to the location, construction, installation,
operation or maintenance of the System and any /'Net in the City and give due
consideration at all times to the aesthetics of public and private property.
(2) Repeated failure to obtain permits or to comply with permit requirements shall be
grounds for revocation of this Franchise. or any Iesser sanctions provided herein or
in any other applicable Iaw, code or regulation.
(B) Repair of Rights-of-Way and Property. Any Rights-of-Way, or any sewer. gas or water
main or pipe. drainage Caci1i1y, electric. fire alarm, police communication or traffic control
facility of the City, or any other public or private property, which is disturbed, damaged or
destroyed during the cons1ruction repair, rrp|uccnnnn1, relocation, operation, maintenance,
expansion, extension or reconstruction of the System shall be promptly and fully restored,
rcp|uccd, reconstructed or repaired by the Grantee, at its cxpcnsc, to the same condition as
that prevailing prior to the Grantee's work and xho|| maintain the surface in good condition
for six months thereafter, to the extent consistent with applicable statutes and rules and to
the extent required of other utilities making use o[the Rights-of- Way. It is agreed that in
the normal course, with respect to fire and police departmerit facilities and equiprnerlt, and
water and sewer facilities, and other essential utilities and services, as determined by the
City, such restoration, reconstruction, replacement or repairs shall be commenced as
quickly as possible under the circumstances after the damage, disturbance or destruction is
incurred, and the Grantee shall take diligent steps to complete the same, unless an
extension of time is obtained from the appropriate City agency or department. In all other
cases, reconstruction, replacement, restoration or repairs shall be commenced within no
more than three (3) days after the damage, disturbance or destruction is incurred, and shall
be completed as soon as reasonably possible thereafter. Ifthe Grantee shall fail to perform
the repairs, replacement, reconstruction or restoration required herein, and to remove all
dirt, rubbish and material, the City shall have the right to put the Rights-of-Way, public or
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private property back into good condition. In the event Ci dctc u/incs1hatdhc Grantee is
responsible for such disturbance or damage, the Grantee shall be obligated to fully
reimburse the City for required repairs, reconstruction and restoration. This remedy shall
be in addition to any other remedy available to the City for noncompliance with the City
Code, the Right-of-Way Ordinance, State law and applicable rules, regulations, standards
and requirements.
(C) Conditions on Right-of-Way Use.
( Nothing in this Franchise shall be construed to prevent City from constructing,
maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing,
relocating and/or altering any Right-of-Way; constructing, laying down, repairing,
maintaining or relocating any water mains; or constructing, maintaining, relocating,
or repairing any sidewaik or other public work.
(2) All System transmission and distribution structures, lines and equipment erected by
the Grantee within the City shall be located so as not to obstruct or interfere with
the use of Rights-of-Way, except for normal and reasonable obstruction and
interference which might occur during construction and to cause minimum
interference with the rights of property owners who abut any of said Rights-of-Way
and not to interfere with exiting public utility installations.
(3) The Grantee shall, at its sole expense, by a reasonable time specified by the City,
pnoiccL support, temporarily disconnect, relocate or remove any of its property
when required by the City by reason of traffic conditions; public safety; Rights-of-
Way construction; street maintenance or repair (including resurfacing or widening);
change in Right-of-Way grade; construction, installation or repair ofsewers, drains,
water pipes, power lines, signal lines, tracks or any other type of government-
on/ncd communications or traffic control system, public work or improvernent of
government-owned utility; Right-of-Way vacation: or for any other purpose where
the convenience ofthe City would be served thereby. If lfthe Grantee fails, neglects
or refuses to comply with the City's request, the City may protect, support,
temporarily disconnect, relocate or remove the appropriate portions of the System,
and/or any l-Net at the Grantee's expense. The City shall not be liable to the
Grantee for damages resulting from the City's protection, support, disconnection,
relocation or removal, as contemplated in the preceding sentence, except where
such damage is the result of the City's gross negligence or willful misconduct.
(4) All poles, conduits, or other fixtures placed in any Right-of-Way shall be so placed
as to comply with all reasonable and lawful requirements of the City.
(5) The Grantee shall, upon request nfany Person holding a moving permit issued by
City, temporarily move its wires or fixtures to permit the moving of buildings with
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the expense of such temporary removal to be paid by the Person requesting the
salve, and the Grantee shall be given not less than ten (10) days' advance written
notice to arrange for such temporary changes.
(6) To the extent consistent with generally applicable City Code provisions, rules and
regulations, the Grantee shall have the right to remove, cut, trim and keep clear of
its System trees or other vegetation in and along or overhanging the Rights -of-
Way. However, in the exercise of this right, the Grantee agrees not to cut or
otherwise injure said trees to any greater extent than is reasonably necessary. All
trimming shall be performed at no cost to the City or a homeowner.
(7) Grantee shall use its best efforts to give reasonable prior notice to any adjacent
private property owners who will be negatively affected or impacted by Grantee's
work in the Rights -of -Way.
(8) If any removal. relaying or relocation of the System is required to accommodate
the construction, operation or repair of the facilities of a Person that is authorized
to use the Rights -of -Way, the Grantee shall, after thirty (30) days' advance
written notice and payment of all costs by such Person, commence action to effect
the necessary changes requested by the responsible entity. If multiple responsible
parties are involved, the City may resolve disputes as to the responsibility for
costs associated with the removal, relaying or relocation of facilities among
entities authorized to install facilities in the Rights -of -Way if the parties are
unable to do so themselves, and if the matter is not governed by a valid contract
between the parties or any State or federal law or regulation.
(9) In the event the System is contributing to an imminent danger to health, safety or
property, as reasonably determined by the City, after providing actual notice to
the Grantee, if it is reasonably feasible to do so, the City may remove or relocate
any or all parts of the System and /or the I-Net at the Grantee's expense.
(D) Undergrounding of Cable.
(1) Where existing poles, underground conduits, ducts or wire - holding structures are
available for use by the Grantee, but it does not make arrangements for such use,
the City may require, through the established permit, or any other applicable
procedure, the Grantee to use such existing poles and wire - holding structures if
the City determines that the public convenience would be enhanced thereby. The
Grantee may decline to use such third -party structures after (i) demonstrating to
the City that such use would be incompatible with the Grantee's regular
requirements for aerial or underground facilities, and (ii) receiving the City's
approval, which shall not be unreasonably withheld.
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(2) The Grantee agrees to place its cables, wires or other like facilities underground,
in the manner as may be required by the provisions of the City Code, the Right -
of -Way Ordinance and City policies, procedures, rules and regulations, as
amended from time to time, where all utility facilities are placed underground.
The Grantee shall not place facilities, equipment or fixtures where they will
interfere with any existing gas, electric, telephone, water, sewer or other utility
facilities or with any existing installations of the City, or obstruct or hinder in any
manner the various existing utilities serving the residents of the City. To the
extent consistent with the City Code, the Right -of -Way Ordinance, and City
policies, procedures, rules and regulations, System cable and facilities may be
constructed overhead where poles exist and electric or telephone lines or both are
now overhead. However, in no case may the Grantee install poles in areas of the
City where underground facilities are generally used by the utilities already
operating. If the City, at a future date, requires all electric and telephone lines to
be placed underground in all or part of the City, the Grantee shall, within a
reasonable time, similarly move its cables and lines. If the City reimburses or
otherwise compensates any Person using the Rights -of -Way for the purpose of
defraying the cost of any of the foregoing, the City shall also reimburse the
Grantee in the same manner in which other Persons affected by the requirement
are reimbursed. If the funds are controlled by another governmental entity, the
City shall not oppose or otherwise hinder any application for or receipt of such
funds on behalf of the Grantee.
(E) Installation of Facilities.
(1) No poles, conduits, ducts, cabinets, pedestal mounted boxes, similar structures, or
other wire - holding structures shall be erected or installed by the Grantee without a
required City permit or other authorization from the City.
(2) No placement of any pole, cabinet. box. equipment or wire - holding structure of
the Grantee is to be considered a vested fee interest in the Rights -of -Way or in
City property. Whenever feasible, all transmission and distribution structures.
lines, wires, cables, equipment and poles or other fixtures erected by the Grantee
within the City are to be so located and installed as to cause minimum
interference with the rights and convenience of property owners.
(F) Safety Requirements.
(1) All applicable safety practices required by law shall be used during construction,
maintenance and repair of the System. The Grantee agrees, at all times, to
employ ordinary and reasonable care and to install and maintain in use commonly
accepted methods and devices for preventing failures and accidents that are likely
to cause damage or injuries to the public or to property. All structures and all
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lines. equiprnent and connections in the Rights-of-Way shall at al! times be kept
and maintained in a safe conditi consistent with appicabIe saf codes.
(2) The Grantee's construction, operation or maintenance of the System shall be
conducted in such a manner as not to interfere with City communications
technologies related to the health, safety and welfare ofCity residents.
(3) The Grantee shall install and maintain such devices as will apprise or warn
Persons and governmental entities using the Rights-of-Way of the existence of
work being performed on the System in Rights-of-Way.
(4) The Grantee shall be a member of the One Call Notification System (otherwise
known as "'Gopher State One Cu||") or its successor, and shall field mark the
locations of its underground facilities upon request. Throughout the term of this
Franchise, the Grantee shall identify the location of its facilities for the City, free
of charge.
(G) Removal of Facilitics at Expiration of Franchise. At the expiration of the term for which
this Franchise is granted, or upon the expiration ofany renewal or extension period which
may be granted, the City shall, subject to any other lawful and valid authorizations the
Grantee may have to use the System in Pub!ic Rights-of-Way, have the right to require
the Grantee, at the Grantee's sole expense: (i) to remove all portions ofthe System from
all Rights-of-Way within the City; and (ii) to restore affected sites to their original
condition. The City may not order rernoval the System, or portions thereof until the
parties have exhausted all applicable processes governing cable television franchise
renewals set forth in 47 U.S.C. § 546. Should the Grantee [bi|, refuse or neglect to
comply with the City's direcLive' all portions ofthe System, or any part thereof, may at
the option ofthe City become the sole property ofthe City, at no expense to the City, or
be removed. altered or relocated by the City at the cost of the Grantee. The City shall not
be !iab!e to the Grantee for damages rcsuRiug from such removal, alteration or relocation.
SECTION 11.104
DESIGN PROVISIONS
(A) Svstem Capacity and Technical Design.
( The Grantee's System generally shall have at !east the foliowing characteristics:
(a) a modern design, utilizing an architecture that will permit additional
improvements necessary for high-quality and reliable service throughout
the Franchise term, and the capability to operate continuously on a
twenty (24) hour a day basis without severe material degradation
during operating conditions typical to the Minneapolis/St. Paul
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metropolitan area;
(b) standby power generating capacity at the headend. The Grantee shall
maintain motorized standby power generators capable of powering all
headend equipment for at least twenty -four (24) hours. The back -up
power supplies serving the System shall be capable of providing power to
the System for not less than three (3) hours per occurrence measured on an
annual basis according to manufacturer specifications in the event of an
electrical outage. The Grantee shall maintain sufficient portable
motorized generators to be deployed in the event that the duration of a
power disruption is expected to exceed three (3) hours;
(c) a System that conforms to or exceeds all applicable FCC technical
performance standards, which standards are incorporated herein by
reference, industry standards and manufacturers' specifications concerning
the transmission and reception of analog and digital video programming
and other programming services, and any other applicable technical
performance standards. Upstream signals shall at all times meet or exceed
manufacturers' specifications for successful operation of upstream
equipment provided by the Grantee or approved for use by the Grantee at
any Subscriber's premises. End of the line performance must meet or
exceed FCC specifications at the end of the Subscriber Drop;
(d) a System that shall, at all times. comply with applicable, then - current
federal, State and local rules. regulations, practices and guidelines
pertaining to the construction, upgrade, operation, extension and
maintenance of Cable Systems. including, by way of example (but not
Iimitation):
(i) National Electrical Code, as amended from time to time; and
(ii) National Electrical Safety Code (NESC), as amended from time to
time.
(e) facilities and equipment sufficient to cure violations of FCC technical
standards and to ensure that Grantee's System is in compliance with the
standards specified in subsection 1 1.104(A)(1)(d);
(f) such facilities and equipment as are necessary to maintain, operate and
evaluate the Grantee's System for compliance with FCC technical and
customer service standards, as such standards may hereafter be amended;
(g) status monitoring equipment to alert the Grantee when and where back -up
power supplies are being used;
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(h) antenna supporting structures designed in accordance with any applicable,
then - current governmental building codes, as amended, and painted,
lighted and erected and maintained in accordance with all applicable rules
and regulations of the Federal Aviation Administration, the FCC and all
other applicable codes and regulations;
(1) the Grantee shall provide adequate security provisions in its Subscriber
site equipment to permit parental control over the use of Grantee's Cable
Service. The Grantee, however, shall bear no responsibility for the
exercise of parental controls and shall incur no liability for any
Subscriber's or viewer's exercise or failure to exercise such controls;
�) facilities and equipment capable of operating within the temperature
ranges typical to the climate of the City over the calendar year;
(k) the System shall be constructed and operated (i) so that there is no
material deterioration in the quality of Public Access Channel, Educational
Access Channel or Governmental Access Channel signals after delivery of
such signals to the first interface point with an Institutional Network hub,
Grantee's headend or the subscriber network, and (ii) so that PEG signals
are at the same or better level of technical quality and reliability as
commercial signals carried by the Grantee on its System, so long as the
PEG signal comes to the Grantee at that level of quality. All processing
equipment used by the Grantee for processing PEG signals will be of
similar quality to the processing equipment used for commercial
Channels: and
(I) the Grantee shall insure that the System complies with FCC rules and
1,,t L 1 there pertaining to signal leakage and snail ensure Lucre is no
degradation of picture quality delivered to Subscribers.
(2) The System operated by the Grantee shall have at least the following
characteristics:
(a) active two -way plant for Subscriber interaction, if any, required for the
selection or use of Cable Service;
(b) The System shall have a minimum Channel capacity of at least 200
Channels, downstream to all Subscribers, plus additional capacity capable
of supporting digital and other services; and
(c) an initial analog passband of 750 MHz.
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(3) The System shall be designed, constructed and activated in order to facilitate
narrowcasting of the PEG Access Channels solely within the City, except that the
Educational Access Channel and the Government Access Channel programmed
by the City library system may be transmitted to and viewed on the Cable System
serving the City of Hilltop, Minnesota. The Grantee shall provide and maintain
all equipment and facilities necessary to accomplish this narrowcasting, at no cost
to the City or any PEG Access Channel manager and programmer.
(4) All power supplies for the System shall be equipped with standby power
capability in accordance with Section 11.104(A)(1)(b). Additionally, the Grantee
shall use status monitoring equipment at all power supply locations in the System.
Such equipment shall have the capabilities described in Section 11.104(A)(1)(g).
(5) Emergency Alert System.
The Grantee shall maintain an Emergency Alert System ('`EAS'') fully compliant
with local. State and federal EAS requirements. This EAS shall at all times be
operated in compliance with FCC regulations.
(6) The Grantee shall, in connection with any new underground System construction,
install conduit adequately sized to address future System rebuilds or System
additions, with the intent to limit the need to reopen Rights -of -Way for
construction and installation work.
(7) The Grantee shall not assert or otherwise raise any claim before a court of
competent jurisdiction or any administrative agency alleging that, as of the
Effective Date of this Franchise. the minimum System design and performance
requirements set forth in this Franchise are unenforceable under or inconsistent
with then current applicable laws or regulations, or any orders, rules or decisions
of the FCC.
(B) System Construction and Line Extension.
(1) The Grantee shall construct and operate its System so that it is able to offer and
provide Cable Service to all Persons within the City as of the Effective Date of
this Franchise, upon request, without charging such Persons more than the
Standard Installation charges for the individual Drop. Notwithstanding anything
to the contrary in this Franchise, the Grantee shall continue to offer Cable Service
to all locations serviceable prior to the Effective Date of this Franchise. The
requirements in this paragraph may be waived in writing by the City, in its sole
discretion, upon request.
(2) Except as otherwise provided herein, the Grantee shall be given a reasonable
period of time to construct and activate cable plant to service annexed or newly
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developed areas in the City, but in no event shall the applicable timeframe exceed
twelve (12) months from notice thereof by the City to the Grantee.
(3) All System construction and maintenance shall be performed in accordance with
applicable laws, procedures, standards and regulations.
(4) The Grantee shall provide the City with notice prior to commencement of all steps
of System construction or maintenance in which possible service disruptions or
major physical construction activities may occur, including but not limited to: (i)
pedestal and cabinet placements or replacements; (ii) underground duct
placements or replacements; (iii) overlashing of aerial fiber optic, coaxial or
copper lines; and (iv) underground placement or replacement of vaults and cables.
(5) The Grantee shall maintain complete and comprehensive strand maps of the
System throughout the Franchise term, and shall make them available to the City
for inspection, upon request, on a confidential basis, to the extent confidential
treatment is permitted by law. Such maps shall be updated as changes occur in
the System. The Grantee shall provide to the City, upon request, (including any
electronic form regularly maintained in the normal course of business) copies of
all strand maps showing the Grantee's facilities and equipment in the Rights -of-
Way, and on private property where necessary to investigate citizen complaints or
to determine Franch ;se compliance. The Grantee shall also maintain throughout
the Franchise term a full set of headend, hub, and Node routing diagrams,
showing routing from source input to combiner output and routing between
headends, hubs, and Nodes for all System and I -Net signal transport. Such
routing diagrams shall be made available to the City for inspection, upon request.
on a confidential basis, to the extent confidential treatment is permitted by law. In
addition, the Grantee shall, upon request, provide the City with all data and
information specified in Minnesota Rules, Part 7819.4100. At the City's request,
the Grantee shall provide existing data on its existing facilities within the Rights -
of -Way in the form maintained by the Grantee at the time the request was made, if
available.
(6) Following commencement of any major System construction or 1 -Net
construction, the Grantee shall, upon request of the City, meet with the City and
provide an update on the progress of the System or I -Net construction. Prior to
the beginning of the System construction or I -Net construction, and periodically
during each phase of construction, the Grantee shall inform the public and its
Subscribers, through various means, about: (i) the progress of the construction;
(ii) areas where construction crews will be working; and (iii) any expected
temporary interruptions to existing services which may occur.
(C) System Maintenance.
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( The Grantee shall interrupt service only for good cause and for the shortest time
possible. Such interruption shall occur during periods of minimum use of the
System. The Grantee shall use its best efforts to provide the City with at least
twenty-four (24) hours prior notice ofa planned service interruption. If service is
interrupted for more than twenty-four (24) consecutive hours, Subscribers shall be
credited pro rata for such interruption, upon notifying Comcast orally or in
writing.
(2) Maintenance of the System shall be performed in accordance with the technical
performance and operating standards established by FCC rules and regulations.
Should the FCC choose to abandon this field and does not preempt the City's
entry into this field, the City may adopt such technical perforrnance and operating
standards as its own. and the Grantee shall comply with them at all times.
(D) Technical Standards. The technical standards used in the operation of the System shall
comply, at minimum, with the technical standards promulgated by the FCC relating to
Cable Systems pursuant to Title 47, Section 76.601, x/ seq., as may be amended or
modified from time to time, which regulations are expressly incorporated herein by
reference. as well as applicable industry standards (e.g., NTSC and ATSC),
manufacturers' specifications and good engineering practices. The results of tests
required by the FCC shall be retained by the Grantee in a manner consistent with
applicable law, and shall be made available to the City for inspection upon written
request or as otherwise permitted by applicable law, including Minn. Stat. § 238.084,
Subd. /(q).
(E) System Tests and Inspections; Special Testing.
()) Grantee shall perform all tests necessary to demonstrate compliance with the
requirements ofthe Franchise and other performance standards established by law
nrrcau|utiou.
(2) The City shall have the right to inspect all construction or installation work
performed pursuant to the provisions ofthe Franchise. In addition, the City may
require special testing of a location or locations within the System if there is a
regular pattern of controversy or unresolved complaints regarding such
construction or installation work or pertaining to such location(s). Demand for
such special tests may be made on the basis of complaints received or other
evidence indicating a regular pattern of unresolved controversy or noncompliance.
Such tests shall be limited to the particular matter in controversy or unresolved
complaints. The City shall endeavor to so arrange its request for such special
testing so as to minimize hardship or inconvenience to Grantee or to the
Subscribers caused by such testing.
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(3) Before ordering such tests, Grantee shall be afforded thirty (30) days following
receipt of written notice to investigate and, if necessary, correct problems or
complaints upon which tests were ordered. The City shall meet with Grantee
prior to requiring special tests to discuss the need for such and, if possible,
visually inspect those locations which are the focus of concern. If, after such
meetings and inspections, the City wishes to commence special tests and the thirty
(30) days have elapsed without correction of the matter in controversy or
unresolved complaints, the tests shall be conducted at Grantee's expense by a
qualified engineer selected by City and Grantee shall cooperate in such testing.
Any costs and expenses associated with testing or retesting the System shall not
be considered franchise fees and shall not be deducted from or offset against
franchise fee payments or other payments made to the City.
(4) Unless otherwise provided in this Franchise, tests shall be supervised by the
Grantee's chief technical authority, who shall certify all records of tests provided
to the City.
(5) The Grantee shall provide the City with at least two (2) business days' prior
written notice of, and opportunity to observe, any special tests required by the
City pursuant to subparagraph (2) of this Section and performed on the System.
(a) Test results shall be provided to the City within fourteen (14) days of a
written request by the City, unless otherwise required by the terms of this
Franchise.
(b) If any test indicates that any part or component of the System fails to meet
applicable requirements, the Grantee, without requirement of additional
notice or request from the City, shall take corrective action, retest the
locations and advise the City of the action taken and the results achieved
by filing a written report certified by the Grantee's chief technical
authority. Any costs associated with testing or retesting the System shall
not be considered franchise fees and shall not be deducted from or offset
against franchise fee payments or other payments made to the City.
(F) FCC Reports. Unless otherwise required by the terms of this Franchise, the results of any
tests required to be filed by Grantee with the FCC or in the Grantee's public file shall
upon request of City also be made available to the City for review at Comcast's local
offices within ten (10) days of the request.
(G) Lockout Device. Upon the request of a Subscriber, Grantee shall make available a
Lockout Device at its regular and nondiscriminatory charge to Subscribers.
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(H) Types of Service. Any change in programs or services offered shall comply with all
lawful conditions and procedures contained in this Franchise and in applicable laws or
regulations.
O)
Uses ofSystem. The Grantee shall, upon request ofthe City, advise the City ofall active
uses of the System, for both entertainment and other purposes, and the City shall have the
right to conduct unannounced audits ofsuch usage.
SECTION 11.105
SERVICE PROVISIONS
(A) Customer Service Standards. The Grantee shall at all times comply with FCC customer
service standards and all applicable State standards, which standards are incorporated into
and made a part ofthis Franchise. Applicable customer service standards in effect on the
Effective Date of this Franchise inc|udc, but are not limited to, those customer service
requirements set forth in this Section 11.105 and Exhibit A, which is attached hereto and
incorporated herein. Nothing in this Franchise shall limit the City's ability to adopt and
enforce additional or stricter customer service standards than those delineated in federal
law 10 the extent permitted by applicable law. The parties acknowledge that Comcast may
pass through to Subscribers direct xnd veritlah|e costs attributable to complying with
such udJitionu| or stricter customer service standards adopted by the City in any manner
consistent with and permitted by applicabte law.
(B) Video Programming. Except as otherwise provided in this Franchise or in applicable
law, all video programming decisions remain the discretion of the Grantee, provided that
the Grantee notifies the City and Subscribers in writing thirty (30) days prior to any
Channel additions, deletions or realignments unless otherwise permitted under applicable
federal, State and local laws and regulations. Grantee shall cooperate with the City, and
use best efforts to provide ail Subscriber notices to the City prior to delivery to
Subscribers.
(C) Regulation of Service Rates.
(\>
The City may regulate rates for the provision of Cable Service, equipment, or any
other communications service provided over the System to the extent allowed
under federal or State law(s). The City reserves the right to regulate rates for any
future services to the extent permitted by law.
(2) The Grantee shall provide at least one billing cycle prior written notice (or such
longer period as may be specified in FCC regulations) to Subscribers and to the
City of any changes in rates, regardless of whether or not the Grantee believes the
affected rates are subject to regulation, except to the extent such notice
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requirement is specifica waived by governing Iaw. Bilis must be clear concise
and understandable, with itemization ofall charges.
(D) Subscriber Contracts. Upon written request, the Grantee shall provide the City any
standard form Subscriber contract utilized by the Grantee then in effecL If no such
written contract exists, Grantee shall provide the City with a document completely and
concisely stating the length and terms of the Subscriber contract offered to customers.
The length and terms of any Subscriber contract(s) and current Subscriber rates and
charges shall be available for public inspection at Grantee's offices during Normal
Business Hours.
(E) Service Credit.
( In the event a Subscriber establishes or terminates service and receives less than a
full month's service, Grantee shall prorate the monthly rate on the basis of the
number of days in the period for which service was rendered to the number of
days in the bilting cycle.
(2) |L for any reason. Service is interrupted for more than tvveoty-[bu, (24)
consecutive hours in any thirty (30) day period, Subscribers shall be credited
rata for such interruption upon notifying Corncast orally or in writing.
(F) Refunds or Credits.
(1) Any refund checks shall be issued prornptly, but not later than either:
(a) the Subscriber's next billing cycle following resolution of the request or
thirty (30) days. whichever is earlier; or
(b) the return of the equipment supplied by the Grantee if Service is
terminated.
(2) Any credits for Cable Service shall be issued no later than the Subscriber's next
billing cycle following the determination that a credit is warranted.
(G) Late Fees. Fees for the late payment of bills shall not be assessed until after the Service
has been fully provided and, as of the due date of the bill notifying Subscriber of an
unpaid balance, the bill remains unpaid. The Grantee shall cornply with all State and |ocal
consumer protection laws and regulations pertaining to late fees, and such fees shall not
exceed any arnount permitted by State or local law.
(H) Notice to Subscribers. Subscriber notices shall comply with those FCC regulations then
in effect and with the requirements set forth in Exhibit A.
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(I) Anticompetitive Acts Prohibited.
The Grantee shall not engage in acts prohibited by federal or State law that have the
purpose or effect of limiting competition for the provision of Cable Service or other
multichannel video programming services in the City.
(J) Office Availability and Drop Boxes.
(1) Grantee shall maintain a location in the City or in a contiguous jurisdiction for
receiving Subscriber inquiries and bill payments. The location must be staffed by
a Person capable of receiving inquiries and bill payments. In addition, Grantee
shall maintain a local drop box in the City for receiving Subscriber payments after
hours at a location agreed upon by the City and the Grantee. The drop box shall
be emptied at least once a day, Monday through Friday. with the exception of
legal holidays. and payments shall be posted to Subscribers' accounts within
forty-eight (48) hours of pick -up. Subscribers shall not be charged a late fee or
otherwise penalized for any failure by the Grantee to empty a drop box as
specified herein, or to properly credit a Subscriber for a payment timely made.
(2) The Grantee shall, at the request of a Subscriber, deliver or retrieve electronic
equipment (e.g., Converters and remote controls) to or from the Subscriber's
premises. The rate(s) or charge(s) for such delivery or retrieval shall not exceed
the amounts permitted by rate regulation rules and applicable law.
(3) The Grantee shall provide Subscribers and the City with at least sixty (60) days'
prior notice of any change in the location of the customer service center serving
the City, which notice shall apprise Subscribers of the customer service center's
new address, and the date the changeover will take place.
SECTION 11.106
PEG ACCESS PROVISIONS
(A) Public, Educational and Government Access Capacity on the System.
(1) The City or its designee is hereby designated to operate, administer, promote, and
manage PEG Access (public, educational, and governmental) programming and
PEG Access Channels on the Cable System. The City may designate one (1) or
more entities, including a non - profit access corporation or a municipal joint
powers commission, to operate, manage, administer, promote and /or program any
Public Access Channel, Governmental Access Channel or Educational Access
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Channel. As of the Effective Date, Independent School District #13 is designated
to operate, manage, administer, promote and program any Educational Access
Channel or Educational Access Channel capacity on the Cable System. The City
may change the designation of a PEG Access manager at any time, in its sole
discretion.
(2) For as long as any PEG Access Channel is delivered to Subscribers in an analog
format, the Grantee shall make available sufficient capacity on the System to
deliver to Subscribers each analog PEG Channel signal as received, with no
material degradation of quality, in accordance with Section 11.104(A)(1)(k)
above. The City or its designee(s) shall allocate the PEG Access Channels in its
sole discretion. As of the Effective Date of this Franchise, the Grantee shall
dedicate and provide four (4) Channels for PEG use, which shall initially be
allocated as follows:
(a) One Channel for City Government Access Channel use, designed,
constructed and activated for discrete transmissions within the City;
(b) One Channel for Educational Access Channel use, designed, constructed
and activated for discrete transmissions within the City; and
(c) One Channel for Governmental Access Channel use by the public library
system in the City, designed, constructed and activated for discrete
transmissions within the City.
Comcast shall maintain one additional Channel in reserve for PEG use as of the
Effective Date. The parties acknowledge that Comcast may use this Channel to
provide commercial programming subject to reclamation by the City. The City
may reclaim the loaned PEG Channel for PEG use in accordance with Section
11. i 06(A)(3) of this Franchise.
If Comcast elects to offer PEG Access Channels in a digital format during the
Franchise term or any extension(s) thereof, those PEG Channels shall be delivered
to Subscribers over the System in a manner consistent with the standards set forth
in Section 11.104(A)(1)(k). Digital PEG Access Channels shall also be
transmitted to Subscribers with a picture resolution consistent with the standards
set forth in Section 11.104(A)(1)(k). All Subscribers who receive all or any part
of the total services offered on the System shall be eligible to receive such PEG
Channels at no additional charge, other than any generally applicable and lawful
equipment charges. The PEG Access Channel(s) shall be activated upon the
Effective Date of this Franchise and thereafter maintained. The City may rename,
reprogram, or otherwise change the use of the PEG Channels in its sole discretion,
provided such use is lawful, and retains the general purpose of the provision of
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PEG communications. The City may secure additional PEG Channel capacity
pursuant to Minn. Stat. § 238.084, which is expressly incorporated herein by
reference. The City shall provide ninety (90) days' prior written notice to the
Grantee ofthe City's intent to activate an additional PE{} Access Channel.
( With respect to the three (3) initial PE(] Access Channels provided under this
Franchise, Grantee may utilize any unused PE(] Access Channel, or portion
thereof, which is allocated under this Section 11.106, upon request, and after
written approval by the City. The City shall act expeditiously on any such request
and shall not unreasonably withhold approval. Upon a determination of need by
the City, in its sole discretion, the City shall request return of such Channel or
capacity or portion thereof, by delivering written notice to the Grantee and in such
case the Grantee shall cease use of the Channel or capacity within two (2) months
after receipt by the Grantee of such written notice, and take all steps necessary to
enable the City's designated user to program and otherwise utilize the Channel or
capacity.
(4) Any PEG Access Channel reassignment must be to a Channel that meets or
exceeds the service and technical standards required by this Franchise.
( As long as the Grantee's System carries Basic Cable Service Channels in analog
format, /hc Grantee must make the PEG Access Channels available in analog
format to Subscribers within the City. If and when the Grantee's Cable System
carries PE{] Access Channels in digital format, those digital PEG Channels must
be rnade available to all Subscribers in the City. If the Grantee opts to carry PEG
Access Channels in a digital format, it shall assume the cost of replacing all
equiprnent necessary to ensure that once the PEG Access signals leave the Citys
or programmer's router, the signals can be transmitted on the Grantee's
appropriate service tier.
(6) In the event the Grantee makes any change in the System and related equipment
and facilities or in signal delivery technology, which change directly or indirectly
causes the signal quality or transmission of PEG Access Channel programming or
PEG Access services to fall below the service quality or technical levels provided
for in Section 11.104(A)(1)(k), the Grantee shall, at its own expense, provide any
necessary technical uss|sLance, transmission equipment and training of PEG
personnel, and in addition, provide necessary assistance so that PEG Access
programming facilities may be used as intended, including, among other things,
so that live and recorded programming can be produced, edited, encoded and
transmitted efficiently to Subscribers and so that Subscribers receive PEG Access
programming which has technical characteristics (e.g., picture quality and audio
quality) that comply with the requirements set forth in Section 11.104(&)(1)(k).
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(7) All PEG Channels shall be either transmitted in the same format as provided to
Comcast, or Comcast shall bear the cost of converting the PEG Access Channels
for carriage on its System. All PEG Access Channels shall be carried on the
Basic Cable Service tier to the extent required by applicable laws and /or
regulations. In the event the Basic Cable Service tier lawfully ceases to exist, all
PEG Access Channels shall be carried as provided by applicable laws and
regulations.
(B) Charges for Use. Channel time and playback of prerecorded programming on the PEG
Access Channel(s) must be provided without charge to the City, PEG Access
programmers and PEG Access managers. The Grantee shall also provide downstream
transmission of the PEG Channels at no charge to the City, PEG Access programmers
and PEG Access managers.
(C) PEG Access Rules. The City may adopt reasonable rules and procedures regarding the
use of PEG Channels pursuant to Section 611(d) of the Cable Communications Policy
Act of 1984, as amended, 47 U.S.C. § 531(d). and Chapter 238 of Minnesota Statutes.
The City may, in its sole discretion, delegate the authority to promulgate such rules to an
entity managing a particular PEG Access Channel. The City shall have the sole authority
to resolve any disputes regarding allocation or utilization of PEG Access Channels.
(D) PEG Support Obligations.
(1) Within thirty (30) days of the Effective Date of this Franchise, the Grantee shall
voluntarily pay the sum of ONE HUNDRED NINETY -FOUR THOUSAND
EIGHT HUNDRED FORTY -TWO DOLLARS AND 00 /100 ($194,842.00) to the
City for PEG Access capital purposes, to the extent required by applicable law,
including (but not limited to) capital construction costs related to the I -Net and the
acquisition of PEG Access equipment (the "PEG Grant "). The City, in its sole
discretion, shall allocate this PEG Grant to one or more entities managing PEG
Access in the City. The voluntary PEG Grant set forth in this paragraph shall be
in addition to the franchise fees paid to the City, and all other obligations of the
Grantee. Comcast may recover the PEG Grant, in addition to any permissible
interest not to exceed 4.5 percent, over a term of sixty (60) months or less
commencing on the Effective Date, in its rate base and /or via a line item on
Subscribers' bills to the extent permitted by and consistent with applicable laws
and regulations. After the PEG Grant has been fully recovered, Comcast shall
completely eliminate the PEG Grant from its rate base and rate structure, and
immediately cease including the PEG Grant (and any associated interest charges)
in the PEG line item on Subscriber bills for the remaining term of this Franchise,
and any extension thereof. Upon written notification to the City, the Grantee shall
have the right to review the City's use of the PEG Grant to ensure compliance
with any applicable ``capital use" requirements of this Franchise. Any such
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review shall be limited to a period that does not exceed three (3) calendar years
preceding the date of any written request from Comcast to perform a PEG Grant
review. Once Comcast has performed a PEG Grant review for a specified period
of time its review right for that period is permanently extinguished.
(2) In the event the payment required by paragraph 11.106(D)(1) is not made on or
before the required date, the Grantee shall pay, during the period such unpaid
amount is owed, additional compensation and interest charges computed from
such due date, at an annual rate of ten percent (10 %) or the maximum rate
permitted by law. The Grantee waives any right to claim that any interest or
penalties imposed hereunder constitute franchise fees within the meaning of 47
U.S.C. § 542. Failure to pay required the PEG Grant in a timely manner shall
also be a material violation of this Franchise, subject to all sanctions and remedies
herein, and the City may, at its discretion, declare this Franchise void and of no
further force and effect.
(3) The Grantee agrees that if it utilizes an electronic programming guide or visual
interface under its control on its System for all Channels, the PEG Access
Channels shall be clearly identified so that Subscribers will have ready access to
all PEG Access Channels.
(4) Any reduction in PEG - related costs incurred by the Grantee in this Franchise as
compared to the Prior Franchise shall be accurately reflected in the Grantee's
rates and charges and shall be passed through to Subscribers. Upon request, the
Grantee shall provide the City with a report and supporting documentation, in a
form and by a deadline specified by the City, clearly showing how PEG - related
cost reductions have been passed through to Subscribers.
(5) The Grantee knowingly, intelligently, permanently and irrevocably waives and
extinguishes any claim or cause of action it may have to recover any legitimate
and documented under- collection of PEG costs it incurred during the Prior
Franchise.
(E) Return Feeds From PEG Access Signal Origination Sites to the Grantee's Headend.
(1) The Grantee shall provide without charge (except for properly invoiced and
verified construction, operation and installation charges associated with any 1-
Net) facilities and equipment so that PEG Access signals can be routed from the
origination sites identified in Exhibit B onto an appropriate PEG Channel on the
Cable System. Upstream transmission provided by the Grantee under this Section
shall include all equipment and facilities necessary for amplification, optical
conversion, receiving, transmitting, switching, and headend processing of
upstream PEG signals from each PEG Access signal origination site. All such
equipment, including but not limited to the electronics at each PEG Access signal
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111
origination site, shall be installed, repaired, and maintained in good working order
by the Grantee on the Grantee's side of the point of interconnection, provided,
however, that the Grantee shall not be responsible for the cost of repairing any
damage caused by the owner or operator of the PEG Access signal origination site
or its agents or invitees. The reasonably certain and quantifiable incremental costs
of construction of such upstream PEG Access signal transmission facilities and of
associated equipment may be recovered from Subscribers as a separate line item
on Subscriber bills in any manner consistent with and to the extent permitted by
applicable law. Any and all incremental costs incurred by Comcast under this
paragraph may not be recovered or itemized on Subscribers' bills more than once.
(2) The Grantee shall be responsible for ensuring that signals for each PEG Access
Channel are correctly routed from each PEG access signal origination site set
forth on Exhibit B on to the correct PEG Channel for distribution to Subscribers.
(3) Every upstream feed provided pursuant to this Section 11.106(E) shall ensure that
the quality of PEG Access signals delivered to Subscribers shall meet the
standards provided by Section 11.104(A)(1)(k).
(F) Backup Facilities and Equipment. Subject to Section 11.106(E), the Grantee shall design,
build and maintain all PEG upstream feeds, interconnection and distribution facilities so
that such feeds function as reliably as the Grantee's Cable System as a whole within the
City, and are no more likely to fail than is the Grantee's Cable System as a whole within
the City.
(G) Editorial Control. Except as expressly permitted by federal law, the Grantee shall not
exercise any editorial control over the content of programming on the designated PEG
Channels (except for such programming as the Grantee may produce and cablecast on
such Channels).
(1-1) Regional Channel 6. The Grantee shall designate standard VHF Channel 6 for uniform
regional Channel usage, to the extent required by applicable law.
(1) Leased Access Channels. The Grantee shall provide leased access Channels as required
by federal and State law.
(J) PEG Obligations. Except as expressly provided in this Franchise, the Grantee shall not
make any changes in PEG Access support or in the transmission, reception and carriage
of PEG Access Channels and equipment associated therewith, without the prior consent
of the City.
(K) Costs and Payments Not Franchise Fees. The parties agree that any and all costs and
expenses to the Grantee and payments from the Grantee associated with the provision of
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PEG Access Channels/capacity, PEG Access Channe itynignal transport, PEG
facilities and equipment, PE{} programming, interconnection, Universal PE{] Service
and/or the 1-Net pursuant to Sections 11.102(E), 11.106 and 11.107 of this Franchise are
voluntary and cable-related, and are not intended to constitute and are not part of a
franchise fee and fall within one or more of theczccpi(oosto47O.8.C.O542.
SECTION 11.107
INSTITUTIONAL NETWORK (I-NET) PROVISIONS
(A) Institutional Network Facilities and Capacity.
( Upon written request from the City, Comcast shall construct an Institutional
Network for the City. Once constructed, the 1-Net facilities and al! l-Net onpacity
may be exclusively utilized by the City for any lawful, non-commercial use for
governmental or educational purposes, as determined in the City's sole discretion,
including (but not limited to) the transmission of video. voice and data. The
limitations of this paragraph shall not prevent the City from installing and
operating wireless Internet access points connectcd to the Institutional Network in
government buildings.
(2) After receiving a written request for the construction of the |-Net from the City,
Comcast shall commence and complete coostrucdon- and activate the 1-Net, in
accordance with a reasonable construction schedule agreed to by the parties.
Failure to timely complete and activate the l-Net shall be a material violation of
this Franchise. The City may, in its sole discretion, require Comcast to post a
construction bond in connection with any }-Net cons1ructioo. The amount of the
bond shall be reasonable given the nature of the construction involved and shall
be with such sureties as are acceptable to the City. This bond will be conditioned
upon the faithful performance and completion by the Grantee of any 1-Net
construction and upon the further condition that in the event the Grantee nha|l fail
to comply with any applicable l-Net requirements in this Franchise, there shall be
recoverable jointly and severally from the principal and surety of the bond any
damages orloss suffered by City as a result. The rights reserved by the City with
respect to any construction bond are in addition to all other rights and remedies
the City may have under the Franchise or any other law, regulation, order or
decision. Once any l-Net construction has been completed and accepted by the
City, the construction bond may be elirninated.
(3) The l-Net shall be a dedicated, point to point fiber network interconnecting the
sites identified below, and shall be capable of carrying data, voice and video
signals at the service levels set forth in this Section 11.107(A)(3).
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(a) The 1-Net shall provide at least 60 Mbps service from the Public Safety
Facility located at 825 41 Avenue, NE and Jackson Street (the "Public
Safety Facility") to the following remote sites:
(i}
at least 20 Mbps from the Municipal Liquor Store located at 2105
37 Avenue N.E. to the Public Safety Facility;
(ii) at least 20 Mbps from the Municipal Liquor Store located at 5225
University Avenue N.E. to the Public Safety Facility; and
(iii) at least 20 Mbps from the Municipal Liquor Store located at 4950
Central Avenue N.E. to the Public Safety Facility (collectively, the
"Municipal Liquor Stores").
(b) The 1-Net shall also provide a 100 Mbps Internet Access Network
Interface from the Public Safety Facility to the public Internet.
The Public Safety Facility and the Municipal Liquor Stores are collectively
referred to herein as the 1-Net Sitcy orindividuoUy as an "I-Net Site.
(4) The l-Net shall include Conocxst-owned interface equipment at all 1-Nc1 Sites,
which equipment shall be located on Corncast's side of the demarcation poinL In
addition, the )-Net shall include up to thirty-two (32) routable static Internet
Protocol addresses, if justified by the Ci
(5) Upon written request from the City, Comcast shall construct the |-Net for a tota
cost not to exceed $69.842.00, payable by the City prior to the commencement of
construction. The individual cost for constructing the |-Net to specific 1-Net Sites
shall be as foliows:
(a) the Public Safety Facility: u cost not bz exceed $l9,750.b9;
(b) the Municipal Liquor Store located at 2105 37 Avenue N.E.: a cost not
to exceed $23,409.46;
(c) the Municipal Liquor Store located at 5225 University Avenue N£.: a
cost not 0o exceed $|0,8U0.79;and/or
(d) the Municipal Liquor Store located at 4950 Central Avenue N.E.: a cost
not to exceed $9,875.11.
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The City may, in its sole discretion, utilize all or a portion of the PEG Grant to
pay for applicable l-Net conutnuotioo costs. Alternatively, the City may pay for
specified I-Net construction costs out of its general fund or any other fund, budget
or grant that may be used for this purpose.
(6) Comcast shall retain ownership of all fiber-optic lines and equipment located on
Comcast's side of the demarcation points at all l'Nct Sites.
(7) Until such time as the l-Net is fully operational and accepted by the City,
Comcast shall continue to provide free cable modem service/Internet access to the
City at the Municipal Liquor Stores, the City Hall building located at 590 40
Avenue N.E. and the City Gymnasium located at \30049 m Avenue N.E.
( The \-Net shall not be considered completed and accepted until all applicable
cabling and construction standards have been met or exceeded. The Grantee shall
notify the City, or its designee, in writing, at least ten (10) days in advance of
completion of construction of each l'Nct8ite. The notice shall include the date
the Grantee is prepared to conduct applicable tests on the site. The City or its
designee shall have the option of attending any tests conducted pursuant to this
paragraph. All tests rnust be successfully completed. If any 1-Net Site does not
pass the Grantee's performance test, the Grantee shall take all steps necessary to
meet applicable standards. and the affected site shall be retested prior to
activation. The Grantee shall send the City the results of each test conducted
under this paragraph.
(9) The City, or its designee, shall have the option of conducting a physical
inspection of the construction and connections to all the |'Nct Sites. This
inspection shall be conducted no later than the date of the test in subsection
||.|U/(8)(8).
(B) 1-Net Performance Standards. ConnonsL or its Affiliate. shall at all times operate, repair,
maintain and manage the l-Net in accordance with any executed network services
agreement and its - Ethcnnct Dedicated Internet Service Technical Description." The
network services agreement shall set forth monthly fees for services, and all other
material terms and conditions relative to Comcast's or its Affiliate's provision of}-Nct
services to the City. Where an executed network services agreement conflicts with any
term or condition of this Franchise, the executed network services agreement shall
prevail.
(C) 1-Net Use. The 1-Net shall be for the exclusive use ofthe the City throughout the term ofthis
Franchise, and any extension(s) hereof.
36
SECTION 11.108
OPERATION AND ADMINISTRATION PROVISIONS
(A) Administration of Franchise. The City Manager or other designee shall have continuing
regulatory jurisdiction and supervision over the System and the Grantee's operation
under the Franchise. The City, or its designee, may issue such reasonable rules and
regulations concerning the construction, operation and maintenance of the System as are
consistent with the provisions of the Franchise and law.
(B) Delegated Authority. The City may appoint a citizen advisory body or a Joint Powers
Commission, or may delegate to any other body or Person authority to administer and
enforce the Franchise and to monitor the performance of the Grantee pursuant to the
Franchise. The Grantee shall cooperate with any such delegatee of the City.
(C) Franchise Fee.
(1) During the tenn of the Franchise, Grantee shall pay quarterly to the City a
franchise fee in an amount equal to five percent (5 %) of its quarterly Gross
Revenues, in a manner consistent with federal law, or such other amounts as are
subsequently permitted by federal or State law.
(2) Any payments due under this provision shall be payable quarterly. The payment
shall be made within forty five (45) days of the end of each of Grantee's fiscal
quarters together with a report showing the basis for the computation. The City
shall have the right to require further supporting information for each franchise
fee payment. which information shall be furnished directly to the City, subject to
the confidentiality provisions of this Franchise, so long as such information is
maintained in the ordinary course of business. In addition, the Grantee shall file
with the City an annual report showing ail Gross Revenues for the prior calendar
year. This report shall be filed with the City within thirty (30) days of the end of
each calendar year.
(3) All amounts paid shall be subject to review or audit and recomputation by the
City and acceptance of any payment shall not be construed as an accord that the
amount paid is in fact the correct amount. The Grantee shall be responsible for
providing the City and /or its designee(s) all documents, records and certifications
necessary to confine the accurate payment of franchise fees, regardless of
whether such documents and records are held by the Grantee, an Affiliate or any
other agent of the Franchisee. The Grantee shall maintain such documents and
records for five (5) years, unless in the Grantee's ordinary course of business
specific records are retained for a shorter period, but in no event less than three
(3) years. If an audit or review discloses an overpayment or underpayment of
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franchise fees, the City shall notify the Grantee of such overpayment or
underpayment. The City's audit/review expenses shall be borne by the City
unless the audit determines that the payment to the City should be increased by
more than five percent (5 %) in the audited period, in which case the costs of the
audit shall be borne by the Grantee as a cost incidental to the enforcement of the
Franchise. Any additional amounts due to the City as a result of the audit or
review shall be paid to the City within thirty (30) days following written notice to
the Grantee by the City of the underpayment, which notice shall include a copy of
the audit /review report. If the recomputation results in additional revenue to be
paid to the City, such amount shall be subject to a ten percent (10 %) annual
interest charge. If the audit or review determines that there has been an
overpayment by the Grantee, the Grantee may credit any overpayment against its
next quarterly franchise fee payment.
(4) In the event any franchise fee payment or recomputation amount is not made on
or before the required date, the Grantee shall pay. during the period such unpaid
amount is owed, the additional compensation and interest charges computed from
such due date, at an annual rate of ten percent (10 %).
(5) Nothing in this Franchise shall be construed to limit any authority of the City to
impose any tax, fee or assessment of general applicability.
(6) The franchise fee payments required by this Franchise shall be in addition to any
and all taxes or fees of general applicability and all direct or indirect PEG and I-
Net support costs, expenses and payments. The Grantee shall not have or make
any claim for any deduction or other credit of all or any part of the amount of said
franchise fee payments from or against any of said payments and taxes or fees of
general applicability, except as expressly permitted by law. The Grantee shall not
apply nor seek to apply all or any part of the amount of said franchise fee
payments as a deduction or other credit from or against any of said payments.
taxes or fees of general applicability, except as expressly permitted by law. Nor
shall the Grantee apply or seek to apply all or any part of the amount of any of
said costs, expenses and payments, and taxes or fees of general applicability as a
deduction or other credit from or against any of its franchise fee obligations,
except as expressly permitted by law.
(D) Access to Records. The City, in its sole discretion, shall have the right to inspect, upon
reasonable notice and during Normal Business Hours, or require the Grantee to provide
within a reasonable time, copies of any records maintained by Grantee or an Affiliate or
subsidiary of the Grantee which relate to System operations including (but not limited to)
the Grantee's accounting and financial records.
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(E) Reports and Maps to be Filed with the City.
(1) The Grantee shall file with the Ci ,utdzchoucofyuynucntofdbcfrauchiscfec a
report of all Gross Revenues in substantially the form as attached as Exhibit C.
(2) The Grantee shu|l prepare and furnish to the City, upon request, such information
and data that are reasonably necessary for the City to enforce the terms and
conditions of this Franchise and applicable law. The Grantee shall not be required
to create new reports under this Section, but shall supply all requested data and
information that are maintained in the ordinary course of business, regardless of
format or form, in a noannc, that can be viewed by the City, subject to the
confidentiality provisions of Section 11.108(B).
(3) If required by the City, the Grantee shall furnish to the City the maps, plats, and
permanent records of those strand maps identifying the general location and
character of Cable System facilities constructed, including underground facilities,
and shall update said maps from time to time upon written requcaL In addition,
the Grantee must promptly provide mapping information for any of its
underground facilities in accorance with Minnesota Rules, Parts 7819.4000 and
7819.4100.
(F) Periodic Evaluation.
( The City may require evaluation sessions at any time during the term of this
Franchise, upon fifteen (15) days' written notice to the Grantee.
(2) Topics which may be discussed at any evaluation session may include, but are not
limited to, application of new technologies. System and 1-Net performance,
programming offered. PE[} Access Channel capacity, facilities and support,
municipal uses of cable. Subscriber rates. customer complaints. amendments to
this Frouchise' judicial rulings, FCC rulings, line extension policies and any other
topics the City deems relevant.
(3) Nothing in this Section shall require the change or modification of any provision
of this Franchise, except as may be agreed to in writing by the Grantee and the
City.
(G) Review of PEG and |-Net Cost Recovery. The City may review the Grantee's pass-
through and recovery of PEG-related and I-Net-related costs and expenses included in any
line item on Subscribers' bills and/or in the Grantee's rate base. Subject to the
confidentiality provisions of this Franchise, the Grantee shall be responsible for providing
the City and/or its designee(s) all documents, records and certifications maintained in the
ordinary course of business and necessary to confirm the accurate pass-through and
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recovery of PEG - related and 1 -Net related costs incorporated in its rate base and /or
itemized on Subscriber billing statements, regardless of whether such documents and
records are held by the Grantee, an Affiliate or any other agent of the Grantee. The
Grantee shall maintain such documents and records for five (5) years, unless in the
Grantee's ordinary course of business specific records are retained for a shorter period, but
in no event less than three (3) years. If a review discloses an over - recovery of PEG - related
and /or 1- Net - related costs, the City shall notify the Grantee of such over - recovery and may
order Subscriber refunds. Any refunds owed to Subscribers shall be made by Comcast
within ninety (90) calendar days of receiving an order from the City, or such other time
period as may be provided for in applicable laws or regulations.
(H) Confidential Treatment of Certain Information Furnished by Comcast Pursuant to this
Franc h ise.
The Grantee shall provide books, documents, information and records to the City, and /or
its agents, in accordance with the terms of this Franchise; provided, however, that
requested books, documents, information and records that are confidential or proprietary
may be disclosed to the City and /or its agents pursuant to a non - disclosure agreement, an
example of which is attached hereto as Exhibit D, whereby the information required to
be disclosed under this Franchise will be provided for a specific purpose defined in the
non - disclosure agreement. The intent of the parties is to work cooperatively to insure
that those books, documents, information and records necessary for the City's
monitoring, administration and enforcement of Franchise obligations are provided to the
City, and /or its agents, or made available for review. If the Grantee requests that the
City and /or its agents review particular books, documents, information and /or records at
Comcast's offices, and the City or its agents agree, in their sole discretion, then the
Grantee shall pay all actual costs incurred by the City and /or its representative(s) in
traveling to Comcast's offices and reviewing and analyzing requested documents, books,
records and /or information. To the extent that Grantee furnishes documents, books,
information and /or records directly to the City, City officials agree to protect any
proprietary or confidential books or records, in accordance with the terms of an executed
non - disclosure agreement substantially in the form attached hereto as Exhibit D, to the
extent permitted by law or by any applicable State or federal order or decision. The
Grantee shall be responsible for clearly and conspicuously identifying and marking
confidential or proprietary documents, books, records and information as "confidential"
or "proprietary" consistent with the terms of an executed non - disclosure agreement. If
the City receives a lawful demand from any Person for disclosure of any information
properly and lawfully designated by the Grantee as confidential or proprietary pursuant
to an enforceable non - disclosure agreement then in effect, the City shall, so far as
consistent with applicable law, advise the Grantee and provide the Grantee with a copy
of any written request by the party demanding access to such information within a
reasonable time. If the Grantee believes that the disclosure of such documents by the City
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would cause irreparable harm to the Grantee's rights under federal or State law, the
Grantee may institute an action in Anoka County District Court to prevent the disclosure
by the City of such documents. The Grantee shall join the Person requesting the
documents to such an action. The Grantee shall defend, indemnify and hold the City
harmless from any claim or judgrnent as well as any costs, expenses, damages, penalties
and attorneys fees incurred in participating in any such proceeding. The Grantee shall also
make arrangements for the return of confidential or proprietary information to the
Grantee's designated offices at Grantee's sole cxpcooc, unless otherwise agreed to in
writing by the parties.
SECTION 11.109
GENERAL FINANCIAL AND INSURANCE PROVISIONS
(A) Letter o[Credit.
(1) On the Effective Date of this Franchise, the Grantee shall deliver to the City an
irrevocable and unconditional Letter of Credit, in a form and substance acceptable
to the City, from a National or State bank approved by the City, in the amount of
$25.000.00, and maintain such Letter of Credit for the duration of this Franchise,
and any extension(s) thererfi The Letier ofCredit shall provide that funds will be
paid to the City, upon written demand of the City, and in an amount solely
determined by City in payment for any monies, fees and/or taxes owed by the
Grantee to the City or any Person pursuant to its obligations under this Franchioc'
or in payment for any damage incurred by the City, or any Person as a result of
any acts or omissions by the Grantee pursuant to this Franchise.
(2) If the Grantee fails to make timely payment to the City of any amount due under
this Franchise or applicable law, the City may, after ten (10) business days written
notice to the Grantee. make a claim against the Letter of Credit for the amount
due, with interest and any applicable penalties.
( If the City determines that the Grantee is in default of any provision of this
Franchise which is subject to liquidated damages pursuant to subsection (B)
below, and determines that the collection of liquidated damages is appropriate,
upon ten (10) days' written notice to the Grantee, the City may make a claim
against the Letter ofCredit for the amount of the liquidated damages.
(B) Liquidated Damages.
( Because it may be difficult to calculate the harm to the City in the event of a
breach of this Franchise by Grantee, the parties agree to liquidated damages as a
reasonable estimation of the actual damages. To the extent that the City elects to
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assess liquidated damages as provided in this Franchise and such liquidated
damages have been paid, such damages shall be the City's sole and exclusive
remedy for time period that liquidated damages have been assessed and collected
by the City. Nothing in this Section is intended to preclude the City from
exercising any other legal or equitable right or remedy with respect to a breach
that continues past the time the City stops assessing liquidated damages for such
breach.
(2) Prior to assessing any liquidated damages, the City shall mail to the Grantee a
written notice by certified or registered mail of the alleged violation(s) and the
proposed liquidated damages, specifying the violation(s) at issue. The Grantee
shall have thirty (30) days from the date of receipt ofthe written notice to cure or
commence to cure, as is appropriate depending on the nature of the alleged
violation, or to file a written response refuting the alleged violation or expIaining
why additional tirne for cure is necessary. In the case ofbreaches ofrequirernents
measured on a monthly, quarterly or longer period (such as customer service
standards). Grantee's cure period shali be no iess than one such period.
( The City may not assess any liquidated damages if the Grantee has reasonably
responded to the City's written notice of violation or cured or commenced to cure,
as may be appropriu1e, a violation within a reasonable time frame not to exceed
thirty (30) days following receipt of written notice from the City, unless some
other cure period is approved by the City. In the event Grantee fails to cure or
commence to cure. or fails to refute the alleged breach, the City may assess
liquidated damages and shall inform Grantee in writing of the assessment.
Grantee shall have thirty (30) days to pay the damages.
( The first day for which liquidated damages may be assessed, if there has been no
cure after the end of the applicable cure period, shall be the day after the end of
the appiicabie cure perimd' inchiding any extension ofthe cure period granted by
the City.
(5) The Grantee may appeal (by pursuing judicial relief or other relief afforded by the
City) any assessment of liquidated damages within thirty (30) days of receiving
written notice of the assessment. The Grantee's obligation to pay the liquidated
damages assessed shali be staycd pending resolution ofthe appeai.
(6) In no event may liquidated damages be assessed for a time period exceeding one
hundred twenty (120) days. Ifafler that arnount oftime the Grantee has not cured
or commenced to cure the alleged breach to the satisfaction of the City, the City
may pursue all other remedies at law or in equity.
(7) Liquidated darnages shall he as foliows:
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(a) For failure to timely complete I -Net construction as provided in this
Franchise or any side agreement, unless the City approves the delay, the
damages shall be $250.00 per day for each day, or part thereof, such
failure occurs or continues.
(b) For failure to provide data, records, documents, reports or information or
to cooperate with the City during an application process or System review
or as otherwise provided herein, the liquidate damages shall be $150.00
per day for each day, or part thereof, such failure occurs or continues.
(c) For failure of the Grantee to comply with construction, operation or
maintenance standards, the penalty shall be $150.00 per day for each day,
or part thereof, such failure occurs or continues.
(d) For failure to provide the services, equipment, facilities and payments
required by this Franchise, including, but not limited to, the
implementation and the utilization of the PEG Channels /capacity and the
provision of PEG payments, the liquidated damages shall be $250.00 per
day for each day, or part thereof, such failure occurs or continues.
(e) For Grantee's material breach of any written contract or agreement with or
to the City or its designee, the liquidated damages shall be $250.00 per day
for each day, or part thereof, such breach occurs or continues, unless such
breach is addressed by Section 1 1.109(B)(7)(a).
(f) For failure to comply with any of the material provisions of this Franchise,
customer service standards or City ordinance or regulation for which
liquidated damages are not otherwise specifically provided pursuant to this
paragraph 11.109(B)(7), the liquidated damages shall be 150.00 per day
for each day. or part thereof, such failure occurs or continues.
(8) Each violation of any provision of this Franchise shall be considered a separate
violation for which separate liquidated damages can be imposed.
(9) In the event that Grantee fails to pay liquidated damages pursuant to the
provisions of Section 1 1.109(B)(7), the City may draw upon the Letter of Credit
or any subsequent Letter of Credit delivered pursuant hereto, in whole or in part.
If the City is obliged to draw upon the Letter of Credit, and the obligation to pay
is not stayed pursuant to Section 111.109(B)(5), the Grantee shall replace or
replenish to its full amount the same within ten (10) days and shall deliver to the
City a like replacement Letter of Credit or certification of replenishment for the
full amount stated in Section 1 1.109(A)(1) as a substitution of the previous Letter
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of Credit. This shall be a continuing obligation for any withdrawals from the
Letter ofCredit.
(10) The collection by the City of any damages, monies, fees, or taxes from the Letter
of Credit shall not affect any other right or remedy available to the City, nor shall
any ucL or failure to act, by the City pursuant to the Letter ofCredit, be deemed a
waiver of any right of the City pursuant to this Franchise or otherwise, including
(but not limited to) its right to recover from the Grantee any additional damages,
losses, costs and expenses that are incurred by the City by reason of the Grantee's
breach of this Franchise once the initial 120-duy period for assessing liquidated
damages has expired.
(C) Alternative Remedies.
(1) No provision of this Franchise shall be deemed to bar the right of either party to
seek or obtain judicial relief from a violation of any provision of this Franchise,
applicable law or any rule, rceu|ahnn, requirement or directive promulgated
thereunder. Neither the existence of other remedies identified in this Franchise
or applicable law nor the exercise thereof shall be deemed to bar or otherwise
limit the right of either party to recover monetary damages, as allowed under
applicable law, or to seek and obtain judicial enforcement of obligations by
means of specific perforozuocc, injunctive relief or mandate, or any other
remedy at law or in equity.
(2) The City specifically does not, by any provision of this Franchise, waive any
right, immunity, limitation, defense or protection (including complete damage
immunity) otherwise available to the City and its officers, elected and appointed
officials, boards, commissions, agents, or employees under federal, State, or
local law including by csaznplr, but not liruitudoo. Section 635A of the Cable
Act. The Grantee shall not have any monetary recourse against the City, or its
officers, elected and appointed officials, boards, commissions, agents or
employees for any loss, costs, expenses or damages arising out of any provision
or requirement of this Franchise or the enforcement or non-enforcement thereof,
subject to applicable law.
(D) Indemnification ofCity.
(1) The City, its officers, boards, committees, commissions, elected and appointed
officials, employees, volunteers and agents shall not be liable for any loss or
damage to any real or personal property of any Person, or for any injury to or
death of any Person, arising out of or in connection with the Grantee's
construction, operation, maintenance. repair or removal of the System and/or any
1-Net or as to any other action of the Grantee with respect to this Franchise.
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(2) The Grantee shall indemnify, defend, and hold harmless the City, its officers,
boards, committees, commissions, elected and appointed officials, employees,
volunteers and agents, from and against all claims, suits, causes of action,
proceedings and judgments, and all liability, damages, fees, costs, and penalties
arising therefrom, which they may legally be required to pay as a result of the
City's award, exercise, administration, or enforcement of the Franchise or the
Grantee's installation, construction, operation and /or maintenance of the System.
(3) Nothing in this Franchise relieves a Person, except the City, from liability arising
out of the failure to exercise reasonable care to avoid injuring the Grantee's
facilities while performing work connected with grading, regrading, or changing
the line of a Right -of -Way or public place or with the construction or
reconstruction of a sewer or water system.
(E) Insurance.
(1) As a part of the indemnification provided in Section 11.109(D), but without
limiting the foregoing, Grantee shall file with the City at the time of its
acceptance of this Franchise, and at all times thereafter maintain in full force and
effect at its sole expense, a comprehensive general liability insurance policy,
including broadcaster's /cablecaster's liability, copyright and trademark liability,
and contractual liability coverage, in protection of the Grantee, the City, and its
officers. elected and appointed officials, boards, commissions, agents, volunteers
and employees for any and all damages, losses. costs, fees and penalties which
may arise as a result of this Franchise. The policy or policies shall name the City
as an additional insured, and in their capacity as such, City officers, elected and
appointed officials. boards, commissions, commissioners, agents, volunteers and
employees.
(2) The policies of insurance shall be in the sum of not less than $1.000.000.00 for
personal injury or death of any one Person, and $2,000,000.00 for personal injury
or death of two or more Persons in any one occurrence, $1,000,000.00 for
property damage to any one person and $2,000,000.00 for property damage
resulting from any one act or occurrence.
(3) The policy or policies of insurance shall be maintained by the Grantee in full
force and effect during the entire term of the Franchise, and any extension(s)
thereof. Each policy of insurance shall contain a statement on its face that the
insurer will not cancel the policy or fail to renew the policy, whether for
nonpayment of premium, or otherwise, and whether at the request of the Grantee
or for other reasons, except after sixty (60) days' advance written notice have
been provided to the City. The Grantee shall not cancel any required insurance
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policy without submission of proof that the Grantee has obtained alternative
insurance satisfactory to the City which complies with this Franchise.
(4) All insurance policies shall be with sureties qualified to do business in the State,
with an A- or better rating of insurance by Best's Key Rating Guide,
Property /Casualty Edition, and shall be subject to approval by the City or its
designee.
(5) All insurance policies shall be available for review by the City and the Grantee
shall keep on file with the City certificates of insurance.
(6) Failure to comply with the insurance requirements of this Section shall constitute
a material violation of this Franchise.
SECTION 11.110
SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE
(A) City's Right to Revoke.
(l) In addition to all other rights which the City has pursuant to law or equity, the
City reserves the right to commence proceedings to revoke, terminate or cancel
this Franchise. and all rights and privileges pertaining thereto, if it is determined
by the City that:
(a) the Grantee has violated material provisions(s) of this Franchise; or
(b) the Grantee has attempted to evade any of the provisions of the Franchise;
or
(c) the Grantee has practiced fraud or deceit upon the City or Subscribers.
The City may revoke this Franchise without the hearing required by Section 11.1 10(B)(2)
herein if the Grantee is adjudged a bankrupt.
(B) Procedures for Revocation.
(1) The City shall provide the Grantee with written notice of a cause for revocation
and the intent to revoke and shall allow the Grantee sixty (60) days subsequent to
receipt of the notice in which to correct the violation or to provide adequate
assurance of performance in compliance with the Franchise. In the notice
required herein, the City shall provide the Grantee with the basis of the
revocation.
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(2) The Graritee shall be provided the right to a public hearing affording due process
before the City Council prior to the effective date of revocati which public
hearing shalt follow the sixty (60) day notice provided in subsection 11.110(B)(1)
above. The City shall provide the Grantee with written notice of its decision
together with written findings of fact supplementing said decision.
(3) Only after the public hearing and upon written notice ofthe determination by the
City to revoke the Franchise may the Grantee appeal said decision with an
appropriate state or federal court or agency.
(4) During the appeal period, the Franchise shall remain in full force and effect unless
the term thereof sooner expires or unless continuation of the Franchise would
endanger the health, safety and welfare ofany Person or the public.
(C) Abandonment of Service. The Grantee may not abandon the System or any portion
thereof without having first given three (3) months' written notice to the City. The
Grantee may not abandon the System or any portion thereof without compensating the
City for damages resulting from the abandonment, including all costs incident to removal
of the System if required by the City pursuant to Section 11 .110(D).
(D) Removal After Abandonment. Termination or Forfeiture.
( In the event of termination or forfeiture of the Franchise or abandonment of the
System, the City shall have the right to require the Grantee to remove all or any
portion o[the System from all Rights-of-Way and public property within the City.
unless the Grantee is permitted to utilize the entire System and occupy the Rights-
of-Way pursuant to a |avvO/l and valid authorization in effect as of the date of
termination or forfeiture.
(2) I; the Grantee has failed to commence removal of the System, or such part thereof
as was designated by City, within thirty (30) days after written notice of the City's
demand for removal is given, or if the Grantee has failed to complete such
removal within twelve (12) months after written notice of the City's demand for
removal is given, the City shall have the right to apply funds secured by the Letter
of Credit and Performance Bond toward removal and/or declare all right, title, and
interest to the System, or portion thereof, to be in the City with all rights of
ownership including, but not limited to, the right to operate the System, or portion
thereof, or transfer the System to another for operation by it.
(E) Sale or Transfer of Franchise.
( No sale or transfer ofthe Franchise, or sale, transfer, or fundamental corporate
change ofor in the Grantee, including, but not limited to, u fundamental corporate
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change in the Grantee's parent corporation or any entity having a controlling
interest in the Grantee, the sale of a controlling interest in the Grantee's assets, a
merger including the merger of a subsidiary and parent entity, consolidation, or
the creation of a subsidiary or affiliate entity, shall take place until a written
request has been filed with the City requesting approval of the sale, transfer, or
corporate change and such approval has been granted or deemed granted,
provided, however, that said approval shall not be required where the Grantee
grants a security interest in its Franchise and /or assets to secure an indebtedness.
Approval of a transfer or sale request that is subject to this Section 11.110(E)
shall not be unreasonably withheld.
(2) Any sale, transfer, exchange or assignment of stock in the Grantee, or Grantee's
parent corporation or any other entity having a controlling interest in the Grantee,
so as to create a new controlling interest therein, shall be subject to the
requirements of this Section 11.110(E). The term "controlling interest" as used
herein is not limited to majority stock ownership, but includes actual working
control in whatever manner exercised.
(3) The Grantee shall file all documents, forms and information required to be filed
by applicable law.
(4) The City or its designee shall have such time as is permitted by federal law in
which to review a transfer request.
(5) The parties acknowledge and agree that incidental costs and fees and any other
lawful fees and costs associated with reviewing and /or acting on a Franchise
transfer, sale or transfer of the Grantee or the System. a fundamental corporate
change or change of control may be required in an amount to be established by
resolution of the City Council, to the extent consistent with applicable law.
(6) In no event shall a sale, transfer, corporate change, or assignment of ownership or
control pursuant to subsection (1) or (2) of this Section be approved without the
Grantee remaining, or (if other than the current Grantee) the transferee becoming
a signatory to this Franchise and assuming or continuing to have all rights and
obligations hereunder.
(7) In the event of any proposed sale, transfer, corporate change, or assignment
pursuant to subsection (1) or (2) of this Section, the City shall have the right to
purchase the System and /or the I -Net for the value of the consideration proposed
in such transaction to the extent provided State law. The City's right to purchase
shall arise upon the City's receipt of notice of the material terms of an offer or
proposal for sale, transfer, corporate change, or assignment, which the Grantee
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has accepted. Not[ceof such offer or proposal must be conveyed to the City in
writing and be separate from any general announcement ofthe transaction.
(8) The City shall be deemed to have waived its right to purchase the System and/or
the 1-Net pursuant to this Section only in the fh|\ovviugtircuu`oiunccs:
(a) If the City does not indicate to Grantee in writing, within sixty (60) days
of receipt of written notice of a proposed sale, transfer, corporate change,
or assignment as contemplated in Section il./|0(E)(7) above. its intention
to exercise its right ofpurchase; or
(b) It approves the assignnlent or sale of the Franchise as provided within this
Section.
(9) No Franchise may be transferred if the City determines the Grantee is in
noncompliance of the Franchise unless an acceptable compliance program has
been approved by the City. The approval ofany transfer of ownership pursuant to
this Section shall not be deemed to waive any rights of the City to subsequently
enforce noncompliance issues relating to this Franchise even if such issues
predated the approval, whether known or unknown to the City.
(10) Any transfer or sale of the Franchise without the prior written consent of the City
shall be considered to impair the City`n assurance of due performance. The
granting of approval for a transfer or sale in one instance shall not render
unnecessary approval of any subsequent sale or transfer for which approval would
otherwise be required.
SECTION 11.118
PROTECTION OF INDIVIDUAL RIGHTS
(A) Discriminatory Practices Prohibited. The Grantee shall not deny service. deny access, or
otherwise discriminate against Subscribers or general citizens on the basis of race, color,
rc|igion, national origin, sex, agc, status as to public assistance, affeciionu|p,cferenoc, or
disability. The Grantee shall comply at all times with all other applicable federal, State,
and City laws, and all exectitive and administrative orders relating to nondiscrimination.
(B) Subscriber Privacy.
The Grantee shall at all times comply with federal and State laws governing Subscriber
privacy, including, but not limited to, Minn. Stat. § 238.004, Subd. 1(s).
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SECTION 11.112
UNAUTHORIZED CONNECTIONS AND MODIFICATIONS
(A) Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm,
Person, group, company, corporation, or governmental body or agency, without the
express consent of the Grantee, to make or possess, or assist anybody in making or
possessing, any unauthorized connection, extension, or division, whether physically,
acoustically, inductively, electronically or otherwise, with or to any segment of the
System or receive services of the System without the Grantee's authorization.
(B) Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group,
company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or
assist thereof, any part or segment of the System for any purpose whatsoever, except for
any rights the City may have pursuant to this Franchise or its police powers.
SECTION 11.113
MISCELLANEOUS PROVISIONS
(A) Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with
applicable federal. State and local laws and regulations. The term of any renewed
Franchise shall be limited to a period not to exceed fifteen (15) years.
(B) Work Performed by Others. Grantee shall ensure that all applicable obligations of this
Franchise are adhered to with regard to work performed by any subcontractor, or others
performing any work or services pursuant to the provisions of this Franchise; however, in
no event shall any such subcontractor or other Person performing work obtain any rights
to maintain and operate a System and /or an I -Net or provide Cable Service. Upon
request, the Grantee shall provide notice to the City of the name(s) and address(es) of any
entity. other than the Grantee, which performs substantial services pursuant to this
Franch ise.
(C) Amendment of Franchise Ordinance. The Grantee and the City may agree, from time to
time, to amend this Franchise by a written instrument executed by the City and the
Grantee. Such written amendments may be made subsequent to a review session
pursuant to Section 11.108(F) or at any other time if the City and the Grantee agree that
such an amendment will be in the public interest or if such an amendment is required due
to changes in federal, State or local laws. Provided, however, nothing herein shall restrict
the City's exercise of its police powers to the extent permitted by law.
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(D) Compliance with Federal, State and Local Laws.
(1) If any federal or State law or regulation shall require or permit the City or the
Grantee to perform any service or act or shall prohibit the City or the Grantee
from performing any service or act which may be in conflict with the terms of this
Franchise, then as soon as possible following knowledge thereof, either party
shall notify the other of the point in conflict believed to exist between such law or
regulation. The Grantee and the City shall conform to State laws and rules
regarding cable communications not later than one year after they become
effective, unless otherwise stated, and to conform to federal laws and regulations
regarding cable as they become effective.
(2) The Grantee and the City agree that the terms and conditions of this Franchise are
not severable.
(3) The Grantee shall. at all times during the term of this Franchise, including all
extensions or renewals hereof, comply with applicable federal, State and local
laws and regulations.
(E) Nonenforcement by City. The Grantee shall not be relieved of its obligations to comply
with any of the provisions of this Franchise by reason of any failure or delay of the City
to enforce prompt compliance. The City may only waive its rights hereunder by
expressly so stating in writing. Any such written waiver by the City of a breach or
violation of any provision of this Franchise shall not operate as or be construed to be a
waiver of any subsequent breach or violation.
(F) Rights Cumulative. All rights and remedies given to the City by this Franchise or
retained by the City herein shall be in addition to and cumulative with any and all other
rights and remedies, existing or implied, now or hereafter available to the City at law or
in equity. and such rights and remedies shall not be exclusive, but each and every right
and remedy specifically given by this Franchise or otherwise existing or given may he
exercised from time to time and as often and in such order as may be deemed expedient
by the City and the exercise of one or more rights or remedies shall not be deemed a
waiver of the right to exercise at the same time or thereafter any other right or remedy.
(G) Grantee Acknowledgment of Validity of Franchise. The Grantee acknowledges that it
has had an opportunity to review the terms and conditions of this Franchise and that
under current law the Grantee believes that said terms and conditions are not
unreasonable, unlawful or arbitrary, and that the Grantee believes the City has the power
to make the terms and conditions contained in this Franchise.
(H) Governing Law. This Franchise shall be governed in all respects by the laws of the State
of Minnesota.
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(I) Force Majeure. The Grantee shall not be deemed in default of provisions of this
Franchise or the City Code where performance was rendered impossible by war or riots,
labor strikes or civil disturbances, floods or other causes beyond the Grantee's control,
and the Franchise shall not be revoked or the Grantee penalized for such noncompliance,
provided that the Grantee, when possible, takes immediate and diligent steps to bring
itself back into compliance and to comply as soon as possible, under the circumstances,
with the Franchise without unduly endangering the health, safety and integrity of the
Grantee's employees or property, or the health, safety and integrity of the public, the
Rights -of -Way, public property or private property.
(J) Rights of Third Parties. This Franchise is not intended to, and shall not be construed to,
grant any rights to or vest any rights in third parties, unless expressly provided herein.
(K) Captions and Headings. The captions and headings of sections throughout this Franchise
are intended solely to facilitate reading and reference to the sections and provisions of
this Franchise. Such captions shall not affect the meaning or interpretation of this
Franchise. When any provision of the City Code is expressly mentioned herein, such
reference shall not be construed to limit the applicability of any other provision of the
City Code that may also govern the particular matter in question.
(L) Mergcr of Documents. This Franchise. and the attachments hereto, constitute the entire
Franchise agreement between the City and the Grantee, and supersede all prior oral or
written franchises. drafts and understandings.
SECTION 11.114
PUBLICATION; EFFECT DATE; ACCEPT CE E l.IBITS
(A) Publication; Effective Date. This Franchise shall be published in accordance with
applicable local and Minnesota law.
(B) Acceptance.
(1) The Grantee shall voluntarily accept this Franchise within thirty (30) days of its
adoption by the City Council, unless the time for acceptance is extended by the
City. Such acceptance by the Grantee shall be deemed the grant of this Franchise
for all purposes; provided, however, this Franchise shall not be effective until all
City ordinance adoption procedures are complied with and all applicable timelines
have run for the adoption of a City ordinance. In the event acceptance does not
take place or does not take place in a timely manner, or should all ordinance
adoption procedures and timelines not be completed, this Franchise and any and
all rights granted hereunder to the Grantee shall be null and void.
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(2) Upon acceptance of this Franchise, the Grantee and the City shall be bound by all
the terms and conditions contained herein and in the Charter of the City of
Columbia Heights. Specifically, the Grantee agrees that:
(a) this Franchise is not inconsistent with applicable laws and regulations at
the time it is executed;
(b) it shall be subject to and will perform on its part all of the terms of
Sections 94 -102, inclusive, of the Charter of the City of Columbia
Heights;
(c) it shall not issue any capital stock on account of the Franchise or the value
thereof, and that the Grantee shall have no right to receive, upon
condemnation proceedings brought by the City to acquire the public utility
exercising such Franchise. any return on account of the Franchise or its
value;
(d) notwithstanding anything to the contrary herein, no sale or lease of this
Franchise shall be active until the assignee or lessee hall have filed in the
office of the City Clerk an instrument. duly executed, reciting the fact of
such sale or lease, accepting the terms of the Franchise. and agreeing to
perform all the conditions required of the Grantee hereunder;
(e) notwithstanding anything to the contrary herein, and subject to State laws
and regulations, every grant of permission contained in this Franchise for
the erection of poles, masts, or other fixtures in the Rights -of -Way and for
the attachment of wires thereto. or for the laying of tracks in, or of pipes or
conduits, under places of any permanent or semi - permanent fixtures
whatsoever, shall be subject to the condition that the City Council shall
have the power to require such alternations therein, or relocation or
rerouting thereof, as the City Council may at any time deem necessary for
safety, health, or convenience of the public, and particularly it shall
have the power to require the removal of poles, masts and other fixtures
bearing wires and the placing underground of poles, masts, and of other
fixtures bearing wires and the placing underground of all wires for
whatsoever purpose used; and
(0 acceptance of this Franchise, and every extension or renewal hereof. in
writing by the Grantee within thirty (30) days after its passage by the City
Council and before its submission to the vote of the people in the case of a
referendum. No such Franchise shall be binding upon the City until its
acceptance by the Grantee. Such acceptance shall be construed to be an
acceptance of and consent to all the terns, conditions and limitations
contained in the ordinance granting this Franchise as well as of the
provisions of the Charter of the City of Columbia Heights.
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(3) The Grantee shall accept this Franchise in the following manner:
(a) This Franchise will be properly executed and acknowledged by the
Grantee and delivered to the City.
(b) With its acceptance, the Grantee shall also deliver any payments,
performance bond, letter of credit and insurance certificates required
herein that have not previously been delivered.
(4) This Franchise shall bind and benefit the parties hereto and their respective
authorized heirs, beneficiaries, administrators, executors, receivers, trustees,
successors and assigns.
Passed and adopted this day of , 2010.
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:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, CMC
City Clerk
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ACCEPTED: This Franchise is accepted and we agree to be bound by its terms and conditions.
COMCAST OF MINNESOTA, INC.
Dated: By:
Its:
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EXHIBIT A
CUSTOMER SERVICE REQUIREMENTS
( The Grantee shall have a publicly listed toll-free telephone number which shall be
operated so as to receive public and Subscriber complaints and requests on a
twenty-four (24) hour-a-day, seven (7) days-a-week, 365 days-a-year basis.
During Normal Business Hours, trained representatives of Grantee shall be
available to respond to Subscriber inquiries.
(2) The Grantee shall maintain adequate numbers of telephone lines and personnel to
respond in a timely manner to schedule service calls and answer Subscriber
complaints or inquiries in a rnanner consistent with laws and regulations adopted
by the FCC and/or the City where applicable and lawful. Under Normal Operating
Conditions, telephone answer time by a customer representative, including wait
time, shall not exceed thirty (30) seconds when the connection is made. |f the call
needs to be transferred, transfer time shall not exceed thirty (30) seconds. These
standards shall be met no less than ninety (90) percent of the time under Normal
Operating Conditions, measured on a quarterly basis. Under Normal Operating
Conditions, the customer will receive a busy signal less than three (3) percent of
the time. The Grantee shall respond to written complaints with a copy to the City
or its designee within thirty (30) days.
(3) Excluding conditions beyond the control of the Grantee, the Grantee shall
commence working on a service interruption within twenty-four (24) hours after
the service interruption becomes known and pursue to conclusion all steps
reasonably necessary to correct the interruption. The Grantee must begin actions
to correct other service problems the next business day after notification of the
service proh|crn' and pursue to conclusion all steps reasonably necessary to
correct the problem.
(4) Except as provided in paragraph (3), the Grantee shall schedule appointments for
Installations and other service calls either at a specific time or, utumaximum,
during a four hour time block to commence not later than 8:00 a.m. and end not
earlier than 7:00 p.m. The Grantee shall also schedule service calls outside such
hours for the convenience of customers. The Grantee shall use its best efforts to
not cancel an appointment with a customer after the close of business on the
business day prior to the scheduled oppointrncnL If the installer or tcchnician is
late and will not meet the specified appointment time, he/she must use his/her best
efforts to contact the customer and reschedule the appointment at the sole
convenience ofthe customer. Service call appointrnents must be met inumanner
consistent with FCC standards.
(5) Subject to the Grantee's obligations pursuant to law regarding privacy of certain
information, the Grantee shall prepare and maintain written records of all
complaints made to the City regarding Grantee's service, and provided to
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Grantee, and the resolution of such complaints, including the date of such
resolution. Such written records shall be on file at the local office ofGrantee. The
Grantee shall provide the City with a written summary of such complaints and
their resolution upon request o[the City. As to Subscriber complaints, the Grantee
shall comply with FCC record-keeping regulations, and make the results of such
record-keeping available to the City upon request.
(6) The Grantee shall respond to written complaints from the City in a timely manner,
and provide a copy of each response to the City within thirty (30) days. In
addition, the Grantee shall respond to all written complaints from Subscribers
within (30) days of receipt ofthe complaint.
( The Grantee shall provide each Subscriber at the time Cable Service is installed,
and at least every twelve (12) months thereafter, the foflowing materiais:
(a) instructions on how to use the Cable Service;
(b) billing and complaint procedures, and written instructions for placing a
service call, filing a complaint or requesting an adjustment (including
when a Subscriber is entitled to refunds for outages and how to obtain
them);
(c) a schedule of rates and charges, Channel positions and a description of
products and services offered;
(d) prices and options for programming services and conditions of
subscription to prograrnrning and other servicesz and
(e) a description of the Grantee's Installation, 8crvicc' maintenance and
arbitration policies, Subscriber privacy rights, high-speed Internet policies
and privacy rights (only at Installation of such service), delinquent
Subscriber disconnect and reconnect procedures and any other of its
policies applicable to Subscribers.
(8) Copies of materials specified in paragraph (7) shall be provided to the City upon
request.
(9) All Grantee promotional materials, announcements and advertising of Cable
Service to Subscribers and the general public, where price information is listed in
any manner, shall be clear, concise, accurate and understandable.
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EXHIBIT B
FREE SUBSCRIBER NETWORK DROPS, OUTLETS AND CABLE SERVICE TO
INSTITUTIONS, BUILDINGS AND OFFICES
City of Columbia Heights:
Columbia Heights Public Library — 820 40` Avenue, NE **
Columbia Heights City Hall — 590 40 Avenue, NE **
John P. Murzyn Hall — 530 Mill Street, NE*
Columbia Heights Municipal Service Center — 637 38 Avenue, NE
Columbia Heights Municipal Liquor Store — 4950 Central Avenue, NE
Columbia Heights Municipal Liquor Store — 2105 37` Avenue, NE
Columbia Heights Municipal Liquor Store — 5225 University Avenue, NE
New Public Safety Facility — 825 41 Avenue, NE & Jackson Street
New City Gymnasium — 1300 49` Avenue, NE*
Public School Facilities (I.S.D. #13):
Columbia Heights High School — 1400 49` Avenue. NE **
Central Middle School — 900 49 Avenue, NE
Highland Elementary School — 1500 49 Avenue, NE
Valley View Elementary School — 800 49` Avenue, NE
District Facilities - 1460 49` Avenue, NE
District Center — 1440 49 Avenue, NE
New School District Gymnasium — 1440 49` Avenue. NE*
Private Schools:
Immaculate Conception School — 4053 Quincy Street, NE
Senior Citizen Developments:
Park View Villa — Community Room - 965 40` Avenue, NE*
All facilities, institutions and /or locations specified in this Exhibit B shall be provided with or
continue to be provided with at least a free subscriber network Drop, free outlet, free Converter,
a free remote control and free Cable Service in a non - public location in accordance with
§ 11.102(1) of this Franchise. Only those areas in designated facilities denoted with an asterisk
( *) are recognized as publicly- viewed connections. These specific locations shall be connected to
the Cable System, and shall receive or continue to receive at least a free Basic Cable Service -
only subscriber network Drop and outlet, free Converter, free remote control and free Basic
Cable Service, in accordance with §§ 11.102(1) of the Franchise. Those locations have the
option to subscribe to Comcast Commercial Video Services at the best available rate. Facilities
B -1
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noted with two asterisks ( * *) are origination sites for PEG Access signals to be inserted on the
System consistent with Section 11.106(E) of the Franchise.
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EXHIBIT C
Basic Cable Service
Expanded Basic Service
Digital Service Tiers
Equipment
Guide
Installation
Premium Services
Pay- Per -View
Other Income
Franchise Fee
PEG Fee
FCC Fee
Bad Debt
Late Fee
Shopping
Ad Sales
Other Non -Sub
Revenue
TOTAL
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EXHIBIT D
CONFIDENTIALITY AGREEMENT
BY AND BETWEEN
[INSERT NAME],
A N D
COMCAST OF MINNESOTA, INC.
THIS AGREEMENT is made as of the date first written below by Comcast of
Minnesota, Inc. (hereinafter "Comcast "), a Delaware corporation, the City of Columbia
Heights, a Minnesota municipal corporation (the "City ") and [INSERT NAME]
(hereinafter "Consultant'').
WHEREAS, the City of Columbia Heights, Minnesota (the "City ") has granted
Comcast a cable franchise in the form of an ordinance and agreement (the "Ordinance ");
and
WHEREAS, the City has the power to enforce and administer the Ordinance; and
WHEREAS. Section 11.108 of the Ordinance authorizes the City to review and
recompute franchise fees paid by Comcast and to require Comcast to provide all records
necessary to confirm the accurate payment of franchise fees; and
WHEREAS, the City has retained the Consultant to perform a review and
recalculation of any amounts due to the City under the Ordinance ("Review "); and
WHEREAS, conduct of the Review may require the Consultant to have
access to certain information that may be considered by Comcast to be proprietary and
confidential; and
WHEREAS, in connection with the Review, Comcast may be required to
produce documentation, notwithstanding any claims of confidentiality by Comcast; and
WHEREAS, Comcast and the Consultant (hereinafter collectively the "Parties ")
desire to enter into a working relationship which will permit the review of necessary
documentation so that the Review can be completed, while providing reasonable
assurances to Comcast that any documentation it produces that is legitimately considered
confidential will not be publicly disclosed by the Consultant, to the extent permissible under
applicable laws and regulations or this Agreement.
NOW, THEREFORE, the Parties agree as follows:
This Agreement shall apply only to "Confidential Information," as defined
herein. The purpose of the disclosure of Confidential Information
hereunder shall be for the purpose of permitting the Consultant to perform
the Review. The Consultant agrees to use the Confidential Information (defined
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below in Section 2) for such purpose and related actions (such as preparation of a
report to City officials, and to enforce the terms of the franchise) in accordance with
the terms of the franchise, the Ordinance and this Agreement.
2. The term "Confidential Information" shall mean and refer to all Comcast
confidential or proprietary information, documents, and materials, whether
printed or in machine - readable form or otherwise, including, but not limited to,
processes, hardware, software, inventions, trade secrets, ideas, designs,
research, know -how, business methods, production plans, marketing and
branding plans, human resource policies, programs, and procedures relating to
and including but not limited to organizational structure, management,
marketing and branding strategies, products and services, customer service. human
resource and employee benefit policies, programs, and services, and internal
communication processes and technology tools. Confidential Information shall
include all Comcast financial information, data, and records legitimately marked by
Comcast as "Confidential" provided to the Consultant.
3. Subject to Sections 4 and 5 hereof:
a. The Consultant agrees to use the same degree of care and scrutiny as they
would use with respect to their own confidential information, but in any case
using no less than a reasonable degree of care, to avoid, to the extent
permissible under applicable law and this Agreement, disclosure,
publication, or dissemination of any or all of the Confidential Information
obtained hereunder; and
b. Confidential Information will be kept confidential for a period of three (3)
years from the date hereof and shall not, without the prior written consent of
Comcast, be disclosed to a third party, except to the extent required or
allowed by law, a court or this Agreement, by the Consultant, in any
manner whatsoever, in whole or in part.
4. Consultant agrees that with respect to Confidential Information they will:
a. Not use the Confidential Information other than in connection with the
Review and related uses contemplated herein;
b. At Comcast's reasonable request and at Comcast's sole cost, return promptly
to Comcast or destroy (and confirm such destruction in writing to Comcast)
any and ail portions of the Confidential Information disclosed under this
Agreement (including copies forwarded to subcontractors and /or agents),
together with all copies thereof, that come into their possession; and
c. Prepare a Review report to the City in accordance with Section 8 of this
Agreement. Confidential Information may be used as reasonably necessary
to defend such report's findings against any challenge by Comcast or a third
party, under procedures mutually agreed upon by the Parties to assure
confidentiality to the extent permissible under applicable law or this
Agreement.
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5. It is understood, however, that the foregoing provisions in Sections 1, 2, 3, and 4
above shall not apply to any portion of the Confidential Information which:
a. Was previously known to either the the City or Consultant without
obligation of confidentiality pursuant to this Agreement;
b. Is obtained by either the City or Consultant after the date hereof from a third
party lawfully in possession of such information and which is not in
violation of any contractual or legal obligation to Comcast with respect to
such information;
c. Is or becomes part of a public record or the public domain through no
fault of either the City or Consultant or any of its or their respective
employees, subcontractors, or agents;
d. Is required to be disclosed by subpoena, statute, or administrative or
judicial action provided that the City and the Consultant as soon as
reasonably possible after notice of such action notifies Comcast of such
action to give Comcast the opportunity to seek any other legal remedies to
maintain such Confidential Information in confidence prior to the required
disclosure. Comcast shall indemnify and hold harmless the Consultant and
the City from any and all expenses of any type or nature which may occur to
the Consultant or the City by reason of any legal or administrative
proceedings pursued to protect the confidentiality of Comcast's records; or
e. Is approved for disclosure and release by written authorization of Comcast.
6. All the Confidential Information disclosed to, delivered to or acquired by
Consultant from Comcast hereunder shall be and remain the sole property of
Comcast.
7. Disclosure of the Confidential Information disclosed by Comcast to Consultant
shall not constitute any option, grant or license to either the City or Consultant of
such Confidential Information under any patent, know -how, or other rights
heretofore. now, or hereinafter held by Comcast. It is understood and agreed that
the disclosure by Comcast of the Confidential Information hereunder shall not result
in any obligation on the part of either party to enter into any further agreement with
the other with respect to the subject matter hereof or otherwise.
8. Any final Review report prepared by Consultant that references or is
based upon Confidential Information provided shall disclose such information only
to the extent necessary to convey essential report information (e.g., as in a
compilation, abstract or aggregation). Any such disclosure shall not be a violation of
this Agreement. The Consultant shall provide Comcast a copy of their Review report
prior to the public release of such report to the City, and Comcast shall notify
Consultant within five (5) business days of such notice if it reasonably
believes that the Review report contains Confidential Information (other than
Confidential Information expressed as a compilation, abstract or aggregation)
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and the Parties shall negotiate in good faith changes to the Review report to prevent
disclosure of Confidential Information (other than Confidential Information
expressed as a compilation, abstract or aggregation). If disclosure of
Confidential Information (other than Confidential Information expressed as a
compilation, abstract or aggregation) is absolutely essential to the report, the
Parties shall in good faith negotiate toward an agreed manner of presenting the
information while protecting the interests of Comcast and the City. Consultant shall
not release any confidential or proprietary information except in accordance with the
terms of this Agreement. The Consultant shall have reasonable access to all
requested documents. The requested documents shall be delivered to [INSERT
NAMES] at the addresses set forth in Section 10. The Consultant shall be permitted
to view and review such documents to the extent necessary to complete the Review
and any subsequent enforcement proceeding pursuant to the Ordinance, and may take
and retain any handwritten or typewritten (Le., notes typed on a computer or similar
device) notes they deem necessary. Such notes, to the extent they refer to or contain
Confidential Information (other than Confidential Information expressed as a
compilation, abstract or aggregation) in any manner, shall be deemed within the
scope of this Agreement.
9. This Agreement is binding on the Parties. their successors and assigns. No
modification of this Agreement shall be effective unless in writing and signed by the
Parties hereto.
10. Notices hereunder shall be in writing and shall be deemed to have been
delivered as of the day they are received when delivered personally, via certified
mail, or via nationally recognized overnight courier:
a. if to Consultant: Attention: [INSERT]
b. if to City: Attention: [INSERT]
c. if to Comcast: Attention: Ms. Kathi Donnelly -Cohen
Comcast
10 River Park Plaza
St. Paul. Minnesota 55107
11. Comcast's waiver of any breach or failure to enforce any of the terms and conditions
of this Agreement at any time shall not in any way affect. limit, or waive its right
thereafter to enforce and compel strict compliance with every term and condition
hereof.
12. This Agreement shall be governed, construed and enforced in accordance with
the laws of the State of Minnesota, without regard to its principles of conflicts of
law.
13. This Agreement may be executed in counterparts and constitutes the complete
agreement between the Parties hereto and supersedes and cancels any and all
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prior communications and agreements between the Parties with respect to the
disclosure of Confidential Information related to the purposes described herein and
the subject matter hereof.
IN WITNESS HEREOF, the Parties hereby indicate their agreement this day of
, 2010.
COMCAST OF MINNESOTA, INC.
By:
Title:
[INSERT NAME]
By:
Title:
[INSERT NAME]
By:
Title:
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July 0,200
VIA Certified Mail
To: the City ofColumbia Heights, Minnesota
59040''' Avenue N.E
Columbia Heights, Minnesota 55421'3878
The purpose of this letter agreement is to set forth binding commitments between Comcast of Minnesota,
Inc. (hereinafter, "Comcast"), and the City of Columbia 86gbts. Minnesota, a municipal corporation
(hereinafter, the City"), that are in addition to and outside the Franchise Agreement to be adopted and
enacted by Ordinance (hereinafter, "the Franchise") by action of the City Council. These items have been
negotiated in good faith and are voluntarily agreed to as part of the informal franchise renewal process
pursuant to 47 § U.S.C. 546(h), and specifically relate to unique community needs that exist in the City.
This letter agreement shall become effective upon approval of the Franchise by the City Council and
timely acceptance ofthe Franchise by Comcast.
All defined terms in this letter agreement shall have the meaning given to them in the Franchise, unless
otherwise expressly provided herein. Comcast and the City are sometimes referred to herein as the
"Parties."
A. PEG Channel Re-location. As of the Effective Date of the Franchise. each Educationa
Access Channel and/or Governmental Access Channel required or designated pursuant to
Section 11.106 of the Franchise shall have the same Channel designation number
currently assigned or used by the City or its designated access Channel manager. In the
event of any changes in Channel designation number, Comcast will make reasonable
commercial efforts to provide at least ninety (90) days advance written notice 10 the City
and its designated PEG access Channel managers prior to any relocation orrc'deaig,na1ion
of one or more PEG Access Channels. If Comcast decides at any time to relocate or
change the Channel designation number of any or all P2{} Access Channel(s), then
Comcast shall pay to the City the sum of Three Thousand, Five Hundred and Nu/180
Dollars ($3,500.00) cash for each relocation or re-designation event, said amount
stipulated by the parties as reasonably necessary to defer costs and inconvenience
associated with change of letterhead, signage and business curds, and designing
promotion spots for the new Channel location(s) or designation(s) through cross-channel
public service announcements on advertiser supported Channels, and conducting a bill
insert to inform Subscribers of the new Channel location(s) and/or number(s). In
addition, to the foregoing commitments, Comcast shall furnish a reasonable number of
promotional spots, to be run as public service announcements on advertiser supported
Channels, free of charge to the City and other PEG Access Channel managers.
The PEG Access Channels will be located reasonably close in proximity to local
broadcast Channels carried on the Cable System or other commercial Channe|o,
excluding premium and pay-per-view Channels. Any PEG Access Channel reassignment
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must be to a Channel that is consistent with the service quality levels and technical
standards set forth in Section 1 1.104(A)(1)(k) of the Franchise.
B. PEG Interconnection.
(a) The Parties acknowledge that Comcast is the primary provider of wireline Cable Services in
communities adjacent to the City. In the event that Comcast transfers ownership or control of
its cable system in an adjacent community, and interconnection for PEG distribution
purposes has not been accomplished pursuant to subsection (b) below, Comcast shall
interconnect the Cable System in the City with any with any cable system in a geographically
adjacent community, not owned, controlled, managed or operated by Comcast or an affiliate
or subsidiary of Comcast Corporation, upon the directive of the City, for the purpose of
permitting the transmission and receipt of PEG Access signals between the systems, and the
carriage of such signals on the PEG Access Channels or the use of such signals by PEG
Access Channel managers. The City shall not direct interconnection in this case except under
circumstances where it can be accomplished without undue burden or excessive cost to
Subscribers, as determined by the City and Comcast pursuant to good faith discussions.
Comcast shall not be required to interconnect with the other cable system unless the new
operator of that system is willing to do so and pay for its own costs of constructing and
maintaining the interconnect up to the applicable demarcation point, which shall be at a
meeting point located at or near the border of the neighboring jurisdictions, except as may
otherwise be agreed by the parties.
(b) Comcast shall interconnect its Cable System in the City with any cable system in a
geographically adjacent community that is owned, controlled, managed or operated by
Comcast or an affiliate or subsidiary of Comcast Corporation, for the purpose of permitting
the transmission and receipt of PEG Access signals between the systems, and the carriage of
such signals on the PEG Access Channels or the use of such signals by PEG Access Channel
managers, in a manner consistent with applicable law.
(c) Comcast shall not object to, interfere with or impede any connection established by the City
or a PEG Access Channel manager, whether on thc properly y f t he Cit PEG Access
ro u� of the ..i� a PEG CeSS
Channel manager, or a competing cable system in the City. by means of which a competing
cable system in the City obtains access to PEG Access signals, nor shall Comcast object to,
interfere with or impede the transmission or receipt of such PEG Access signals by any
competing Cable System in the City. Comcast shall have no obligation to contribute
financially to the cost of establishing any such connection, unless otherwise provided by law.
(d) Notwithstanding the foregoing, interconnection may be waived by the City if not
technically feasible, as determined by the City in its sole discretion after reviewing any
evidence of technical infeasibility submitted by Comcast or another cable operator that is
the subject of an interconnection request. Comcast may temporarily terminate an
interconnection for any period where an interconnecting system is delivering signals in a
manner that that would cause Comcast's Cable System in the City to violate FCC
technical standards. Any terminated interconnection shall be returned to operation as
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soon as possible.
(e) Once the City requests Comcast to interconnect, it is under an obligation to interconnect
within a commercially reasonable period of time.
(f) Any reasonably certain and quantifiable equipment and construction costs directly borne
by Comcast in connection with the obligation to provide for PEG Access signal
interconnection shall be considered an "external cost" as such term is used in 47 C.F.R. §
76.922 on the date of this Franchise, and as such, reasonably certain and quantifiable
interconnection construction and equipment costs may be passed through to Subscribers
in Comcast's rate base, to the extent and in a manner provided for in federal regulations
governing the same, and subject to City review.
(g) Comcast shall continue to maintain and operate all interconnections in existence as of the
Effective Date of this Franchise.
(h) Any PEG Access interconnection link made by Comcast hereunder shall ensure that
PEG Access signals meet or exceed the service quality level and technical standards set
forth in Section 1 1.104(A)(1)(k) of the Franchise.
C. PEG Equipment. On the Effective Date of the Franchise, Comcast irrevocably conveys all
rights, title, and interest in the PEG Access equipment described in detail in Exhibit A attached
hereto, and any other PEG equipment located at 5210 Central Avenue N.E., Columbia Heights.
Minnesota (the "PEG Equipment "), to the City. The transfer of ownership of PEG Equipment to
the City is in addition to all other financial and in -kind commitments set forth in this letter and in
the Franchise. and shall not be deducted from or offset against franchise fees owed to the City.
Upon execution of this letter agreement by both Parties, and satisfaction of the obligations set
forth in Paragraphs A, B and C above, the Parties agree that Comcast has fully satisfied any and
all obligations under the Prior Franchise. past transfer agreements, resolutions and ordinances, up
until the date hereof, and the City shall seek no further compensation or performance from
Comcast under said franchise, agreements, resolutions and ordinances for the time period prior to
renewal. Claims for past franchise fees due and owing under the Prior Franchise, and for
indemnity, payments and /or insurance coverage for any liability, judgments, damages, costs, fees
and expenses to which the City is exposed as a result of Comcast's acts or omissions prior to the
Effective Date of the Franchise are specifically exempted from this Paragraph.
D. The Parties agree that all promises, commitments, obligations and payments set forth in this letter
agreement shall not be treated as franchises fees for purposes of 47 U.S.C. § 542, and shall at no
time be offset against or deducted from franchise fee payments made to the City under the
Franchise. Comcast hereby waives any current or future right it may have to claim that any
promise, commitment, obligation or payment herein is a franchise fee under 47 U.S.C. § 542 or
may be offset against or deducted from franchise fee payments made to the City.
E. Nothing in this letter agreement amends or alters the Franchise or the City Code in any way, and
all provisions of the Franchise, and the City Code, as amended from time to time, remain in full
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force and effect and are enforceable in accordance with there terms and with applicable law.
F. Neither Comcast, nor any of its affiliates, parent entities or subsidiaries, will take any action to
challenge any provision of this letter agreement as contrary to or unenforceable under applicable
law, nor will they participate with any other person in any such challenge.
G. This letter agreement is freely and voluntarily entered into by the Parties, without any duress or
coercion, and after each party has consulted with its counsel. Each party hereto has carefully and
completely read all of the terms and provisions of this letter agreement.
H. This letter agreement shall be governed by and construed in accordance with the laws of the State
of Minnesota. Any disputes concerning this letter Agreement shall be venued exclusively in
Anoka County District Court.
I. Nothing in this letter agreement shall be construed to create any third -party rights.
J. The Parties agree that this letter agreement may be executed in multiple counterparts.
The terms and conditions of this letter agreement are binding upon the City and Comcast and their
successors and assigns. Comcast stipulates that a violation of these terms by Comcast may be considered
by the City as a material violation of the Franchise and that the City may avail itself of all rights and
remedies available under the Franchise. It is understood that fulfillment of these obligations is also
necessary and part of the consideration to secure the renewed Franchise.
Acknowledged and agreed to this day of , 2010.
Comcast of Minnesota, Inc.
By:
Its:
Date:
4
148
City of Columbia Heights. Minnesota
Mayor Gary L. Peterson
Walter R. Fehst
City Manager
Date:
5
149
EXHIBIT A TO LETTER AGREEMENT
Columbia Heights Studio Inventory
June 2010
Studio Lighting Fixtures
Spotlights
- Berkey Colortran Mu Iti-10aA Model #100-301 1 kW 15574
2 - CCT Starlette lkW Type 1000 w/ barn doors, Serial #3606, no serial number available on 2
fixture
4 - Berkey Colortran Model 213 6" Theatre Fresnel w/ barn doors (one fixture in need of
repair)
Floodlights
7 - K! WO Cat 3451 Shop 22
1 - 1k Lamp no model number available
SO ftboxes
3 - Lowel RIFA*LITE LC66 w/stands & soft cases
Studio Cameras
1 - Hitachi Camera FP-C10A U Serial # 3080094, Hitachi Viewfinder GM-50N Serial # 3060760 &
O'Conner tripod w/dolly
1 - Hitachi Camera FP U Serial # 3080100, Hitachi Viewfinder GM Serial # 3060763 &
O'Conner tripod w/dolly
1 - JVC Camera GY Serial # 16932191, JVC Viewfinder VF-P400U Serial # 17959472 &
Cartone Laser tripod w/dolly
Studio Accessories
1- Panasonic 13"monitor CT 1389 Pro Line (could not find serial number)
4 - Sony Electret Condenser Lavaliere Microphones ECM-44B
150
3 - Camera Cables
Various microphone & video cables
Studio Control Room
Audio
1 - Ramsa Audio Mixing Board WR - S4412 (could not find serial number)
1 - Rolls Radio Tuner R578 Serial # F30 - 93 - 08406
1 - Hafler Amplifier P1000 (could not find serial number)
1 - Sony CD Player CDP315 Serial # 8821 183
2 - Shintron Audio Amplifiers 201 (could not find serial numbers)
2 - Yamaha Speakers
Video
1 - Shintron Video Amplifier 207 (could not find serial number)
2 - Videotek Video Amplifiers VDA16 (could not find serial number)
1 - Leader Pattern Generator LCG400 Serial # 3100107
2 - Hitachi Camera Control Units RU -C1 Serial # 3093816 & 3093808
1 - JVC Camera Control Unit RMP -210 Serial # 08062212
1 - Panasonic DVD Player /Recorder DMR -EA18 Serial # VN8CA002083
1 - Vue Tech lime Base Corrector VVF -SP1 (could not find serial number)
1 - Leader Wave Form Monitor LBO-5860A Serial # 3120660
1 - Tektronix Vectorscope 1420 Serial # 8060005
1 - Panasonic 12 X 1 Video Switcher (could not find model or serial number)
1 - Grass Valley Video Switcher 110 Serial # A47729
1 - Compix Graphics Generator w /monitor & keyboard (could not find model or serial number)
1 - Panasonic Edit Controller AG -A850 Serial # H9A3567D
2 - Panasonic DVC Pro Decks AJ-D455 Serial # L2TRA0135 & 12TRA0031
1 - Panasonic S -VHS Deck AG -7750 Serial # L3TC00184
2 - Ikegami Black & White Monitors PM9 - 5 Serial # 133490 &I33553
2 - JVC Color Monitors SIMPTE - Serial # 08610244A & 07610197A
3 - Panasonic Black & White Monitors WV - BM500 Serial # 02W11022, 02W 1 1023 & 02W 1 1024
A -2
151
1 - Sony Color Monitor PVM - 9L1 Serial # 6202724
Head End
2 - Panasonic Black & White Monitors CT-1384 Serial # MB42430436 & LB51350174
1 - Videotek Color Monitor KV1331 Serial # 1083323
2 - Ikegami Black & White Monitors PM9 - 5 Serial # 133470 & 133512
1 - Tektronix Waveform Monitor 528A SN 8015964
1 - Videotek Audio Amplifier ADA16 (could not find serial number)
1 - Videotek Video Swffcher APM200 Serial # 12940809
1 - Leightronix Pro Serial # 09202PRO
1 - Rolls Radio Tuner R578 Serial # F30-93-08097
2 - Videotek Video Amplifiers 338 (could not find serial numbers)
1 - Shintron Video Amplifier VDA (could not find serial number)
7 - Shure Audio Mixers M267 (could not find serial numbers)
1 - Shure Audio Mixer (could not find model or serial number)
1 - Nob lis Head End Computer w/monitor & keyboard (could not find model or serial number)
2 - Panasonic S-VHS Playback Decks AG-7150 Serial # E4TC00185 & 14TC00178
2 - JVC S-VHS Playback Decks SR-536SU Serial # 09834699 & 15732256
1 - Panasonic DVC Pro Deck AJ-SD255 Serial # B7TRB1406
3 - Tascam DVD Players DV Serial # 0013840, 0021121 & 0018809
Portable
M onitors
1 - JVC Color Monitor TM-900SU Serial # 09036349
1 - JVC Color Monitor TM -A101 G Serial # 0607795
1 - Panasonic Black & White Monitor CT-1384 Serial # MB42870329
1 - Sony Color Monitor PVM - 14N5U Serial # 6204916
Video
1 - Panasonic DVC Pro Deck AJ-SD255 Serial # B7TRB1403
1 - Panasonic DVC Pro Camera AJ-D410A Serial # Ll TKA0056 w/Porta Brace case, 4 batteries & 2
rechargers
A-3
152
1 - Manifrofto Tripod 3182 w/soft case Serial # 35IMVB/MB20
Audio
3 - Sony Electret Condenser Lavaliere Microphones ECM-44B
7 - Electrovoice 635 Microphones
2 - Electrovolce RE11 Microphones
Misc.
1 - Lowel Tota Lite Kit w/3 lights, 3 stands & 3 umbrellas
Various audio, video & specialty cables
Various power extension cords & multi-strips
A-4
153