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HomeMy WebLinkAbout02/22/2010 Regular CITY OF COLUMBIA HEIGHTS May°r Gary L.Peterson 590 40'h Avenue NE,Columbia Heights,MN 55421-3878 (763)706-3600 TDD(763)706-3692 Councilmembers Ksitourwebsiteat.www.ci.columbia-heights.mn.us Robert A. Williams Bruce.Vawrocki Tammera Diehm Bruce Kelzenberg City ManaPer Walter R.Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday,February 22,2010 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 CALLAWOCATION Invocation by Pastor Dave Briley, Oakwood Baptist Church 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,ANNOUNCEMENTS AND GUESTS 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 February 8, 2010 City Council meeting p4 MOTION: Move to approve the minutes of the February 8, 2010 City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions MOTION: Move to accept the January 6, 2010 minutes of the Library Board. p8 MOTION: Move to accept the January 21, 2010 minutes of the Charter Commission. P10 C. Authorize payment of$16,243.22 to Anoka County for administering the 2009 Tax Increment p13 Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. MOTION: Move to authorize payment of$16,243.22 to Anoka County for administering the 2009 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. 1 City Council Agenda Monday,February 22,2010 Page 2 of 3 D. Adopt Resolution 2010-11, being a resolution approving acquisition of 4600 Polk Street. p16 MOTION: Move to waive the reading of Resolution 2010-11, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-11, approving the acquisition of property located at 4600 Polk Street Northeast; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. E. Authorization to seek bids for the 2010 Miscellaneous Concrete Replacement and Installation p20 Prod ect MOTION: Move to authorize staff to seek bids for the 2010 Miscellaneous Concrete Replacement and Installation Project F. Approve final payment for 2009 Sanitary Sewer Lining, Project No. 0904 p21 MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 0904, and to authorize final payment of$112,196.00 to Visu-Sewer, Inc. of Pewaukee, Wisconsin. G. Approval of the list of rental housing applications. They have met the requirements of the p23 Property Maintenance Code. MOTION: Move to approve the items listed for rental housing license applications for February 22, 2010. H. Approve Business License Applications p26 MOTION: Move to approve the items as listed on the business license agenda for February 22, 2010 as presented. 1. Approve payment of the bills pea MOTION: Move to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 133618 through 133773 in the amount of$1,075,190.96. MOTION: Move to approve the Consent Agenda items. 6. PUBLIC HEARINGS A. Adopt Resolution Numbers 2010-07, maximum permitted basic programming service rate and p36 2010-08, maximum permitted equipment and installation rate. MOTION: Move to waive the reading of Resolution 2010-07, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-07, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission form 1240 filed by Comcast on or about March 1, 2009. MOTION: Move to waive the reading of Resolution 2010-08, there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-08, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2009. 7. ITEMS FOR CONSIDERATION 2 City Council Agenda Monday,February 22,2010 Page 3 of 3 A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business 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 the record. 10.ADJOURNMENT Walter R. Fehst, City Manager WF/pvm 3 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MONDAY,FEBRUARY 8,2010 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 8, 2010 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Diehm, Councilmember Kelzenberg. PLEDGE OF ALLEGIANCE- recited ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson removed Item 5D -purchase of 4600 Polk Street. Nawrocki requested discussion on the city web site,the Focus newspaper, Hilltop storm water, and the work session. PROCLAMATIONS,PRESENTATIONS,RECOGNITION,ANNOUNCEMENTS,GUESTS Diehm stated the Empty Bowls SACA fundraiser will be held on March 1St. There will be dinner and entertainment. CONSENT AGENDA Nawrocki requested to remove items F and H for discussion. City Manager Walt Fehst took Council members through the Consent Agenda items. A. Approve minutes of the City Council meeting Motion to approve the minutes of the January 25, 2010, City Council meeting. B. Accept minutes of the Columbia Heights Boards and Commissions Motion to accept the October 27, 2009 minutes of the HRA. Motion to accept the November 9, 2009 special meeting minutes of the HRA. Motion to accept the January 21, 2010 minutes of the Telecommunications Commission. C. Approve Gambling Permit for Immaculate Conception Church event, March 20, 2010 Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo at an event being held Saturday, March 20, 2010, at 4030 Jackson Street NE, Columbia Heights; and furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. D. Adopt Resolution 2010-11, Regarding the Acquisition of 4600 Polk Street-removed E. Approve attached list of rental housing applications Motion to approve the items listed for rental housing license applications for February 8, 2010. 4 City Council Minutes Monday,February 08,2010 Page 2 of 4 F. Authorize Purchase of Three Replacement Police Vehicles—removed for discussion G. Approve the Business License Applications Motion to approve the items as listed on the business license agenda for February 8, 2010 as presented. H. Approve payment of the bills—removed for discussion Motion by Diehm, second by Kelzenberg, to approve the Consent Agenda items with the exception of items D, F, and H. Upon vote: All ayes. Motion carried. F. Authorize Purchase of Three Replacement Police Vehicles Nawrocki pointed out that there was only $65,900 in the budget for vehicles. Fehst stated that was for the sworn officer vehicles. Nawrocki questioned where the funds to retro fit them would come from. Police Chief Scott Nadeau indicated the other areas where additional monies were budgeted. Peterson confirmed that all items were budgeted. Motion by Williams, second by Kelzenberg,to authorize the purchase of two 2010 Ford Crown Victoria Police Interceptor vehicles under the State of Minnesota bid, with funding to come from 431-42100-5150, in the amount of$45,696.64 and that the Mayor and City Manager are authorized to enter into a contract for same. These vehicles will be used as marked patrol cars. Nawrocki stated that he feels this expenditure exceeds the budget. In the past the CSO vehicle was a police car taken out of regular duty.Nawrocki stated we do not receive tax funds until next June. Upon vote: All ayes. Motion carried. Peterson stated the information received on the CSO vehicle shows that purchasing a smaller vehicle will save money.Nadeau indicated that there will be less reoccurring maintenance and their needs are satisfied with a smaller engine,which will mean better fuel economy. We anticipate a savings of$10,000 in maintenance costs and when, in the future, this vehicle is passed on to the Public Works Department it will also be a savings for them. Nadeau stated this purchase was described in the budget hearings. Motion by Kelzenberg, second by Diehm, to authorize the purchase of one Chevrolet Impala under the State of Minnesota bid,with funding to come from 431-42100-5150, in the amount of $21,584.30, and that the Mayor and City Manager are authorized to enter into a contract for same. This vehicle will be used as a CSO vehicle. Upon vote: Kelzenberg, aye; Williams, aye; Diehm, aye;Nawrocki, nay; Peterson, aye. 4 ayes— 1 nay. Motion carried. Motion by Kelzenberg, second by Williams,to authorize the Police Chief to expend up to $28,000 to set up and outfit two marked patrol cars and one CSO vehicle. Upon vote: All ayes. Motion carried. H. Approve payment of the bills Nawrocki questioned the payment and value to send three staff members to a public finance seminar. Diehm stated she has attended this seminar for several years and feels it is very valuable in redevelopment efforts and is put on by companies that do work for us.Nawrocki disagreed with sending three people.Nawrocki referred to the purchase of two or three more televisions for 5 City Council Minutes Monday,February 08,2010 Page 3 of 4 the public safety building; another example of over spending on the building. We paid $255 per square foot and the sheriff's new building was $200 per square foot.Nadeau stated that this purchase was for LCD monitors that can be used to switch locations and watch cell blocks, the roll call room, etc. They are not set up to view TV stations.Nadeau indicated that the sheriff's office has a lot of unapproved space for the future. Motion by Williams, second by Kelzenberg, to approve the payment of bills out of the proper funds as listed in the attached register covering Check Number 133474 through Check Number 133617 in the amount of$853,225.07. Upon vote: All ayes.Motion carried. PUBLIC HEARINGS -none ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. Other Business Nawrocki stated that he attended the Anoka County Local Officials meeting where they reviewed the legislative packet. The County is seeking additional authority over county roads and access off of them. He indicated that he paid for his own dinner and transportation.Nawrocki stated that he attended the Anoka Hennepin Violent Crimes Task Force meeting. They do an important job and have done a great job. The MN Gang Strike Force has received bad publicity, but is a different group.Nawrocki stated that he attended the Mete Council meeting and listed the information he obtained and would share.Nawrocki stated that the League of MN Cities will hold its legislative conference on March 25th and asked that he be registered, without meals.Nawrocki referred to our financial statement summary published in the Focus indicating total property taxes. Unfortunately, the amount levied is significantly more. Nawrocki stated that he previously asked for a legal opinion on bids taken for Parkview Villa that exceeded the spending authority of$15,000.Nawrocki indicated that he wants to see the bridge bids as soon as they are available, not waiting until they are presented to the Council for approval.Nawrocki asked if the City of Hilltop contributed to the storm sewer repairs and if their storm water goes into this line. ADMINISTRATIVE REPORTS Report of the City Manager Nawrocki referred to a resident's letter with comments on our web site. It would be more useful if the resolutions and ordinances could be accessed separately. The City's web site is always far behind with news and calendars.Nawrocki referred to the Focus's response indicating they do not deliver to apartments. This should to be questioned, as those residents are also interested in city news. He questioned if the newspaper is delivered to the LaBelle condos and Parkview Villa. Diehm indicated that Parkview Villa does not receive the Focus.Nawrocki questioned the items for the February 16 work session. The City Clerk indicated the agenda items: 1. 2010 Water Main Cleaning and Lining Program and 2. Water Conservation Rate Study (review).Nawrocki indicated that other cities are meeting with their legislators and indicated that we should also do so. State Senator Chaudhary will hold a town meeting the same day as our next work session. Fehst will look into meeting with them and stated that Congressman Ellison will attend the February 22 City Council meeting.Nawrocki stated that Ellison's office contacted him regarding possible funding for a public safety building. He indicated that building was now complete and questioned funding for a library. Ellison's office indicated that a library project did not qualify for funding. Report of the City Attorney—nothing to report 6 City Council Minutes Monday,February 08,2010 Page 4 of 4 CITIZENS FORUM No one came forward. ADJOURNMENT Peterson indicated: Don't forget our service men and women and keep them in our prayers. Don't take ourselves too seriously and do a random act of kindness. Mayor Peterson adjourned the meeting at 7:41 p.m. Patricia Muscovitz CMC City Clerk 7 Approved 2/3/2010 1 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES January 6, 2010 The meeting was called to order by Chair Patricia Sowada, at 6:34 p.m. Members present were;Nancy Hoium, Patricia Sowada,Barbara Tantanella,Lynette Thomson and Catherine Vesley.Also present: Becky Loader, Stacey Hendren and City Council Representative Bruce Kelzenberg. The minutes of the December 2, 2009,Board meeting were approved as mailed. The bill list dated 12/14/09 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 12/23/09 was reviewed. It was moved,seconded and passed that the bills be paid. The bill list dated 12/23/09-B was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 12/30/09 was reviewed. It was moved, seconded and passed that the bills be paid. The bill list dated 1/11/10 (2009 bills)was reviewed. It was moved, seconded and passed that the bills be paid. The 2009 accounting dated 1/6/10 was reviewed. The bill list dated 1/11/10 (20 10 bills)was reviewed. It was moved, seconded and passed that the bills be paid. The 2010 accounting dated 1/6/10 was reviewed. Old Business: 1. The 2010 proposed Library budget was approved with no changes. The Library's Public service hours were increased by 4 hours, and Library hours will change effective 2/1/10. The Adult Services Librarian position will be advertised, applications scored, and interviews will take place in the next month and Loader plans on having the new employee start in February. The 2009 temporary part-time and seasonal raises that were approved and then frozen will be implemented in 2010. Effected staff will receive no retroactive pay,but will be at the new pay scale effective 1/l/10. Loader looks forward to a full staff in 2010, and was very pleased with how Library staff pulled together in 2009. 2. The Library Foundation's annual fundraiser was a success after overcoming unusual circumstances and obstacles. Tom Letness of the Heights Theater was very supportive and helpful in trying to salvage the situation. The Foundation will continue to evaluate the fundraising procedures and is brainstorming for new ideas for the capital campaign. Loader recognized Thomson for her enthusiasm and skill while working with the crowd at the Foundation Fundraiser. Loader noted that there were several individual donations made at the end of 2009, United Way designations made for 2010, and that the Library received donations from MNGives day. New Business: 1. The crossover statistics for November were reviewed. 2. In November all branches of the Anoka County Library and Columbia Heights had displays supporting awareness of homelessness in Anoka County. The Board appreciated the thank you letter received from Commissioner Sivarajah. 1 8 3. The Library is currently collaborating with the School District for the 21S`Century Grant. ISD#13 is looking for space to hold one of their programs. Special permission is required to use Library space on an ongoing,regularly-scheduled basis. The Board reviewed the letter from Marsha Tubbs, Children's Librarian based on the request from Linda Ernst,District 13 Grants Coordinator. Hoium made a motion to make an exception to the policy to allow ISD 913 to use the Activity Room for an Encore program each Friday from February through May 2010. The motion was carried. 4. The Board discussed the article from Minnesota Cities,Nov/Dec 2009, which cited libraries as the critical link to computers for citizens accessing e-government and job resources. Items from the Floor: 1. The Gates Foundation requires documentation on how monies will be earned to match the grant. The Board offered a resolution to accept a grant from the Gates Foundation and to allocate monies collected from the sale cart as local matching funds. Vesley asked for clarification on how the resolution would affect the approved budget. Loader stated that the revenue from the sale cart would go directly to the match for the grant and come out of Library revenue, but would not affect the numbers in the approved budget. A motion to adopt the resolution was made, seconded and approved. Board members signed resolution documentation. 2. Sowada asked the Board if they wanted to move back to Tuesday night meetings due to the increase in hours. Board members decided to continue to meet on Wednesday nights. There being no further business,the meeting was adjourned at 7:26 p.m. Respectfully submitted, Stacey R. Hendren Secretary, Library Board of Trustees. 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. 2 9 COLUMBIA HEIGHTS CHARTER COMMISSION MINUTES January 21,2010 7:00 p.m. NOT APPROVED Training Room Public Safety Building 825 41"Avenue N.E. Columbia Heights,MN Call to Order The meeting was called to order by Secretary Mike Patiuk(who filled in for President Vogtman and Vice President Rachel Schwankl, who were absent) at 7:12 p.m. Roll Call Members Present: Matt Able, Roger Johnson, Carolyn Laine, Michael Patiuk,Nicholas Rivers, Charles A. Tyler Members absent and excused: Katherine Pepple, Rachel Schwankl Members absent and unexcused: Joe Clason,Nancy King, Dan Vogtman Tami Diehm, Council Liaison was unable to attend, but Councilmember Kelzenberg was present in her absence. City Attorney, Jim Hoeft, and Recording Secretary, Carole Blowers,were present. Membership currently stands at eleven. Approval of Minutes of October 15,2009 Motion by Commissioner Able, seconded by Commissioner Tyler, to approve the minutes of October 15, 2009, as presented. Motion passed unanimously. Election of Officers Commissioner Patiuk asked if members present wished to proceed with election of officers tonight(for President, Vice President, and Secretary positions), as many members are absent. Motion was made by Commissioner Able, seconded by Commissioner Tyler,to table the election of officers. Correspondence The Recording Secretary reviewed the correspondence since October 15, 2009: 11/2/09 Set up 2010 meetings at new Public Safety Building with PD staff 11/4/09 Responded by letter to voicemail request of a resident about information about serving on the Charter Commission 12/14/09 Prepared recognition of Joseph Sturdevant, who resigned from the commission 12/22/09 Rec'd application from Nicholas Rivers; sent on to Chief Judge 12/30/09 Rec'd appointment of Nick Rivers from Chief Judge;prepared Nick Rivers' welcome packet/ oath; Nick Rivers came in to take oath 1/6/2010 Nick Rivers' oath submitted to Anoka County; received letter from Barbara Gertsema resigning from the commission;advised President Vogtman and Chief Judge of this vacancy 1/11/2010 Prepared draft of January agenda, and sent same as well as October minutes, and 2009 Annual Report to President for review for 1/21/2010 Charter Commission meeting 1/12/2010 Thank you letter sent to Barbara Gertsema;phone call to Barbara Gertsema regarding her recognition; set up recognition for Barbara Gertsema for January 25 (although Barbara will not be able to be present; asked materials be sent to her) Page 1 Columbia Heights Charter Commission January 21,2010 10 Status of Membership of the Commission New Charter Commission Member Commissioner Rivers is our newest Commissioner. With Commissioner Gertsema's resignation, we currently have eleven members out of the possible fifteen members. The Recording Secretary passed out verification of phone numbers, e-mail addresses, and street addresses slips to make sure our membership information is current. Old Business Continued Discussion of the City Charter City Attorney Jim Hoeft stated last time we left off with Chapter 8, and his recommendation that we adopt the state statute language. Chapter 9, Eminent Domain, is the next chapter to be discussed. The changes that have taken place in state statutes are not reflected in our city charter. There are restrictions using eminent domain when used for redevelopment and there must be just compensation for the property acquired. The newest legislation addresses when a city uses eminent domain and then the city turns the property over to a private developer. According to Hoeft, in order to put the city charter into compliance, we should reference the appropriate state statutes and any sub-divisions, and then there would not have to be any future changes to the charter. Hoeft stated he could put language together for the next meeting regarding this chapter. Regarding pages 29- and 30 of the charter in reference to franchises (specifically our cable TV franchise), Hoeft suggested that Steve Guzetta, our cable attorney, could possibly be asked to review that part of the city charter. Discussion on 2010 Primary Election Date Information was provided via the agenda packet from the City Clerk about the anticipated change to the 2010 Primary Election date to be moved up to August 10, 2010. City Attorney Jim Hoeft stated this will be an item for our state legislature to vote on very soon. Background information on this issue: Congress passed the Military and Overseas Voter Empowerment Act (MOVE Act) on October 22, 2009. The President signed the bill on October 28, 2009. This includes a requirement that absentee ballots be sent at least 45 days before the election to any UOCAVA (Uniformed and Overseas Citizens Absentee Voting Act) voter who has submitted a request by that date. To make this requirement feasible, it is anticipated that our State Legislature will pass a bill early in the 2010 session to set the 2010 primary election date for August 10, 2010. The City Attorney stated that this does not mean the Charter Commission would have to hold a special meeting to change Chapter 4, Section 28a of the City Charter. After the state legislature passes this bill, it will be a clear statutory override, and the commission can deal with it as soon as it can after the passage date. Carolyn Laine stated the filing date will probably be moved up to May 18, 2010. New Business Approval of the 2009 Charter Commission Annual Report The 2009 Annual Report was prepared and distributed by the Recording Secretary to all members prior to tonight's meeting. Motion by Commissioner Able, seconded by Commissioner Tyler to approve the report as presented. The Recording Secretary will provide copies to the Chief Judge and the City Clerk. Page 2 Columbia Heights Charter Commission January 21,2010 11 Next Meeting Date The next regular Charter Commission meeting date will be April 15, 2010. The City Attorney stated he may not be able to attend that meeting. Adjournment Motion was made and seconded to adjourn the meeting at 7:42 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary to the Charter Commission Page 3 Columbia Heights Charter Commission January 21,2010 12 CITY COUNCIL LETTER MEETING OF: FEBRUARY 22, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: FINANCE APPROVAL ITEM: COUNTY EXPENSES BY: WILLIAM ELRITE BY: NO: DATE: 02/09/2010 Attached is an invoice from Anoka County for $16,243.22. Of this amount, $11,084.78 is the County's administration charge for administering the Tax Increment Financing Laws of Minnesota for the calendar year 2009 as it relates to the tax increment districts in Columbia Heights. By state statute, Anoka County is allowed to charge the cities these expenses. This is the nineteenth year the county has charged this type of expense back to the cities. The City of Columbia Heights is required by law to pay these expenses. The following is a summary of the charges for the past ten years: Year Price/Parcel Price/District Total 2000 11.35 377.15 13,288.95 2001 11.10 365.72 14,059.08 2002 10.29 347.09 13,465.67 2003 10.54 386.59 13,488.92 2004 9.91 379.66 13,843.91 2005 9.24 376.49 15,734.64 2006 8.60 360.59 14,911.09 2007 8.44 351.31 14,130.62 2008 8.78 381.74 14,853.86 2009 11.24 405.77 10,684.78 In addition to billing for TIF administration, the county continues to bill for sending out the Truth in Taxation notices, $1,803.69, and Special Assessments billing of $3,354.75 for a total bill of$16,243.22. RECOMMENDED MOTION: Move to authorize payment of$16,243.22 to Anoka County for administering the 2009 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. WE:sms 1002092COUNCIL Attachment: Anoka County Invoice COUNCIL ACTION: COUNTY OF ANOKA ' PROPERTY RECORDS AND TAXATION DIVISION GOVERNMENT CENTER • 2100 3RD AVENUE•ANOKA,MN 55303 FAX(763)323-5421 •Property Assessment •Property Records and Public Service •Property Tax Accounting and Research Mr. Bill Eirite February 02, 2010 Finance Director City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Dear Mr. Elrite: I am herewith certifying your taxing jurisdiction's total expenses incurred by Anoka County in administering the Truth in Taxation Statutes, the Special Assessment Laws, and the Tax Increment Financing Laws of Minnesota for calendar year 2009. Below are listed the total amount for each and a grand total. Please refer to the attached invoice for the breakdown of your charges. Truth in Taxation: Special Assessment: TIF: TOTAL AMOUNT DUE: $1,803.69 $3,354.75 $11,084.78 $16,243.22 *Truth in Taxation: M.S. 275.065, Subd.4, states that the cost for administering TNT is to be apportioned to the taxing jurisdictions on the basis of one-third allocated to the county, one-third allocated to the cities and towns and one-third allocated to school districts. The costs will be allocated back to the taxing districts in the proportion that their tax parcels bear to the total number of county parcels. The total cost for providing parcel specific notices to Anoka County residents was$91,612. The notice was mailed to 123,678 property owners, an average of$.74 per parcel. *Special Assessments: These expenses represent the recordkeeping and administrative functions performed by county staff as prescribed by M.S.429.061. New special assessments were billed a setup charge at the rate of$100.00 per fund number issued and $1.00 per parcel. Existing special assessments were billed a maintenance charge of $32.47 per fund number and $2.08 per parcel *Tax Increment Financing (TIF): These expenses represent the recordkeeping and administrative functions performed by county staff prescribed by M.S. 469.174-M.S. 469.179. Please remit the TOTAL AMOUNT DUE by February 23, 2010. If you have any questions, please contact me at (763)323-5435. Si.ncerely,: ; N .. . Jo Flavin FEB 0'5 2010 Property Tax Accounting Enclosure Affirmative Action/ EqualzOpportunity Employer INVOICE TAXING JURISDICTION : CITY OF COLUMBIA HEIGHTS TRUTH IN TAXATION Parcel Count Total Total Due 7,305 $1,803.69 $1,803.69 SPECIAL ASSESSMENTS New Special Assessments Quantity Rate Total 4 Assessment Charge($100/unit) $400.00 326 Parcel Charge($1.00/unit) $326.00 Total $726.00 Existina Specials Quantity Rate Total 21 Assessment Charge($32.47/unit) $681.87 936 -. Parcel Charge ($2.08/unit) $1,946.88 Total $2,628.75 Total Special Assessment Charge $3,354.75 TAX INCREMENT FINANCING (TIF) New Districts TIF ID Quantity Base Cost Add.Time Total n/a n/a n/a n/a $0.00 Decertified Districts TIF ID Quantity Decertification Charge Total A3 n/a $100.00 $100.00 C7 n/a $100.00 $100.00 P3 n/a $100.00 $100.00 S7 n/a $100.00 $100.00 $400.00 District Maintenance TIF ID Quantity Parcel Costs District Costs Total C8 261 $2,933.64 $405.77 $3,339.41 K2 5 $56.20 $405.77 $461.97 M8 42 $472.08 $405.77 $877.85 R8 10 $112.40 $405.77 $518.17 T4 159 $1,787.16 $405.77 $2,192.93 T6 257 $2,888.68 $405.77 $3,294.45 Total $10,684.78 Total Tax Increment Charge $11,084.78 TOTAL INVOICE AMOUNT $16,243.22 15 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of February 22,2010: AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Community Development APPROVAL ITEM: Acquisition of 4600 Polk Street—Resolution BY: Sheila Cartney BY: /� 2010-11 DATE: February 2,2010 BACKGROUND: In May 2009 the City and EDA modified the Tax Increment Plan for the Kmart/Central Avenue Tax Increment Financing District to include 55 parcels of the"Sheffield Neighborhood",which have been identified as a renovation and renewal area. The key element of the Plan is the use of unobligated tax increment from the original district(condominium project north of 476)as a revenue source for redevelopment in the Sheffield neighborhood and in turn, capitalized revenue stream through a bond sale. The plan provides for a wide range of redevelopment work that is including,but not limited to, acquisition, demolition,rehabilitation, utility and street work etc. Additionally the City was awarded a CDBG grant in the amount of$170,000 for demolition of properties located in the Sheffield neighborhood. To date the City has purchased 6 parcels within the Sheffield neighborhood and have demolished 4 buildings associated with the parcels and have recently purchased a four-plex and duplex on Polk Street that will be demolished in the Spring. In addition to making a physical environmental change to this neighborhood;the Police Department continues to have success with holding landlords and residents in the area accountable and will continue these efforts. As part of the program mentioned above staff has negotiated the purchase of 4600 Polk Street for$110,000 plus closing costs. The duplex was built in 1960;the duplex is 2,128 square feet and the subject lot is 6,400 square feet. What is critical about this purchase is that it meets the intent of the Sheffield Neighborhood Acquisition program by reducing density and obsolete housing. The affect of this program appears to be beneficial especially from the fact that we have been able to concentrate the vast majority of our purchases in one block. RECOMMENDATION: Staff recommends the purchase of 4600 Polk Street. RECOMMENDED MOTION: MOTION: Move to waive the reading of Resolution 2010-11,there being ample copies available to the public. MOTION: Move to adopt Resolution 2010-11, approving the acquisition of property located at 4600 Polk Street Northeast; furthermore to authorize the City Manager and Mayor to enter into an agreement for the same. Attachment.-Resolution 2010-11, map of city owned properties in Sheffield COUNCIL ACTION: 16 CITY OF COLUMBIA HEIGHTS RESOLUTION NO.2010-11 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT FOR CERTAIN REAL PROPERTY LOCATED AT 4600 POLK STREET NORTHEAST IN THE CITY AND ASSIGNMENT THEREOF TO THE COULUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY BE IT RESOLVED BY THE CITY COUNCIL (the "Council") OF THE CITY COLUMBIA HEIGHTS, MINNESOTA("the City")AS FOLLOWS: Section 1. Recitals. 1.01. The Columbia Heights Economic Development Authority (the "Authority") has established the K-Mart/Central Avenue Tax Increment Financing District(the "TIF District")within the Central Business District Redevelopment Project (the 'Project"), and have adopted a Tax Increment Financing plan ("TIF Plan") for the purpose of financing certain improvements within the Project. 1.02. The City and Authority have undertaken a program to acquire homes in the project in order to address blighting issues and reduce density and provide future redevelopment opportunities. 1.03. The City or Authority may incur certain costs related to the TIF District or Project, which costs may be financed on a temporary basis from available Authority or City funds. 1.04. The City, using available TIF District funds, intends to acquire certain property in the City located at 4600 Polk Street (the "Property") within the Project, all or a portion of which Property the Authority or City may use to further redevelopment within the Project. 1.05. City staff have negotiated a Real Estate Purchase Agreement with Keller Williams (the "Seller") dated February 9, 2010 including all related addenda and disclosures thereto (Collectively, the "Purchase Agreement"), for real property located at 4600 Polk Street Northeast and legally described as follows: Lot 14 except N 30 feet and all of Lot 15, Block 2, Sheffields 2°d Subdivision; (the "property"), which Purchase Agreement is contingent upon approval of the Council. 1.06. The City intends to assign its interests in the Purchase Agreement to the Authority, contingent only upon acceptance by the Authority of such assignment. 1.07. The Purchase Agreement has been prepared and submitted to the City 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 to $110,000. City staff and officials are authorized and directed to take all such other actions to complete the purchase of the Property, including without limitation execution of all documents and agreements related to such transaction. 2.02. Contingent upon approval of the Authority, the City hereby assigns its interests in the Purchase Agreement to the Authority. City staff and officials are authorized and directed to 17 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. Passed this 22nd day of February 2010. Offered by: Second by: Roll call: Mayor Gary L. Peterson ATTEST: Patricia Muscovitz CMC City Clerk 2 18 City Owned Parcels 100-119,200-209,300-320,400-015 1 I LArMM1f)TM 1 1 lT lCJ lO f000TT 'TT��wT TT TT 4707 Z 4729 1129 1069 1127 CHEERY LN ov- 47TH O 4657 4656 4657 4662 4657 4654 4650 4655 LLl v W (0 4653 4648 4655 4648 4648 4653 4644 4645 4643 Z 4647 4640 4649 4642 4639 4638 4639 > 4634 4641 4647 4641 4636 4637 Q 4633 463 4636 4637 4633 4632 4633 J 4628 4633 4641 4630 4633 4630 4627 4626 4631 < 4625 4635 4625 4624 46 4622 4624 4629 4621 4620 Z 4621 4616 4619 4616 4618 4614 4619 W 4615 4617 4612 4615 4613 U 4607 E6O 4608 4607 4609 4608 4605 4606 4606 4606 4607 1001 1111 4601 4603 4602 d 4601 46TH q 4556 4557 4554 4555 4558 4557 4556 4555 45 4555 r�i too 4546 4549 4550 4549 4548 4549 4550 4547 N M M 4546 4546 LO 4545 T T T 4541 4543 4542 4543 4540 4539 c L, N Ln 4540 4535 4536 4537 4535 4534 4531 N 04 N N M M CD Q 4532 4536 4531 4532 T T T 4526 4529 4530 q31 4534 451/2 Location Map LLtaENU = City Owned Parcels Looking to Purchase 19 CITY COUNCIL LETTER Meeting of_2/22/10 AGENDA SECTION:CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR THE BY: K.Hansen BY: 2010 MISCELLANEOUS CONCRETE REPLACEMENT DATE: 2/17/10 DATE: AND INSTALLATION PROJECT The City has an on-going annual program to replace miscellaneous concrete structures such as curb and gutter, sidewalk and concrete street sections. The concrete replacement is budgeted in various functional areas of the Public Works Budget, such as in the Water Fund for the replacement/repairs of concrete removals caused by water main breaks or Street or State-Aid Departments for concrete street panels. Recommended Motion: Move to authorize staff to seek bids for the 2010 Miscellaneous Concrete Replacement and Installation Project. COUNCIL ACTION: 20 CITY COUNCIL LETTER Meeting o£ 2/22/10 AGENDA SECTION:CONSENT AGENDA ORIGINATING DEPARTMENT' CM MANAGER NO: PUBLIC WORKS ITEM:FINAL PAYMENT FOR 2009 SANITARY SEWER BY: K.Hansen BY: 1114,/Z LINING,PROJECT 0904 DATE: 2/17/10 DATE: Background: On June 22, 2009,the City Council awarded the annual sanitary sewer lining program to Visu-Sewer, Inc. This annual program rehabilitates sections of sanitary sewer pipe that has cracked or broken joints or sections, contains root intrusion or has infiltration present. This project consisted of lining the following segments: 1. 248 L.F. of 10"VCP on 491h Avenue, 1St manhole to 2"d manhole east of Tyler Street 2. 305 L.F. of 8" VCP on 52nd Avenue, University Avenue Service Drive to 4th Street 3. 322 L.F. of 8" VCP on 4th Street, 52"d Avenue to Ist manhole north of 52"d Avenue 4. 400 L.F. of 8"VCP on Jefferson Street, 49th Avenue to 1St manhole south of 49th Avenue 5. 1,285 L.F. of 8"VCP on Easement: Jackson Street to Central Avenue, 49th Avenue to 51St Avenue 6. 330 L.F. of 8" VCP on NB Central Avenue, 43rd Avenue to 1St manhole north of 43rd Avenue 7. 337 L.F. of 8"VCP on 44th Avenue, Tyler Street to Arthur Street 8. 1,031 L.F. of 8" VCP on Hart Boulevard,37th Avenue to 39th Avenue Analysis/Conclusions: The lining is complete and final reports and televising has been provided to the City. A copy of the Engineer's Report of Final Acceptance is attached. Staff is recommending final acceptance of the work and final payment to Visu-Sewer, Inc. Recommended Motion: Move to accept the work for Sanitary Sewer Lining, City Project No. 0904, and to authorize final payment of$112,196.00 to Visu-Sewer, Inc. of Pewaukee, Wisconsin. Attachment: Engineer's Report of Final Acceptance COUNCIL ACTION: 21 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY,MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2009 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 0904 February 17, 2010 TO THE CITY COUNCIL COLUMBIA HEIGHTS,MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Visu-Sewer, Inc. The sanitary sewer work consisted of lining the following: 10"VCP clay tile on 49th Avenue from 1St manhole east of Tyler Street to 2nd manhole east of Tyler Street, 8" VCP clay tile on 52nd Avenue from University Avenue Service Drive to 4th Street, 8" VCP clay tile on 4th Street from 52 Avenue to I't manhole north of 52nd Avenue, 8" VCP clay tile on Jefferson Street from 49th Avenue to 1St manhole south of 491h Avenue, 8"VCP clay tile on Easement between Jackson Street and Central Avenue from 491h Avenue to 51St Avenue, 8" VCP clay tile on north bound Central Avenue from 43`d Avenue to 1St manhole north of 43`d Avenue, 8" VCP clay tile on 44th Avenue from Tyler Street to Arthur Street, and 8" VCP clay tile on Hart Boulevard from 37th Avenue to 39th Avenue. The contractor has completed the project in accordance with the contract. It is recommended; herewith,that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE $ 113,200.00 CHANGE ORDER $ 0.00 FINAL CONTRACT AMOUNT $ 113,200.00 FINAL WORK APPROVED $112,196.00 ALL PRIOR PAYMENTS ($ 0.00) BALANCE DUE $ 112,196.00 Sincerely, CITY OF COLUMBIA HEIGHTS Kevin R. Hansen City Engineer 22 CITY COUNCIL LETTER Meeting of February 22, 2010 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY Fire MANAGER NO: APPROVAL ITEM: Rental Housing BY: Gary Gorman BY: Licenses NO: DATE: February 17, 2010 DATE: Approval of the attached list of rental housing applications. They have met the requirements of the Property Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for Februay 22, 2010. COUNCIL ACTION: 23 List of 2010 Rental Licenses to Approve Occupany I.D. Property Owner Name 20005 Cel Monton, LLC Property Address: 4126 MADISON ST 30031 Donald E. Anderson Family Trust Property Address: 711 37TH AVE 30028 Douglas Jones Property Address: 5100 6TH ST NE 20172 John Moseychuk Property Address: 1214 CHEERY LN NE - 1216 NE CHEERY LN 30068 Joseph Mikre Property Address: 3855 JACKSON ST NE 30067 Joseph Mikre Property Address: 3709 JACKSON ST NE 12162 Kathryn Hoefs Property Address: 4303 UNIVERSITY AVE -4301 University Avenue 30098 LeeAnn Mateffy-Horn Property Address: 1036 PETERS PL 20123 Marvin Sowada Property Address: 1000 50TH AVE NE - 1002 50th Avenue 20226 Myrna Bourcy Property Address: 1132 40TH AVE NE - 1134 NE 40th AVE 10004 Neil Nye Property Address: 4846 6TH ST NE 30041 Richard Caron Property Address: 1020 40TH AVE NE 30031 Sarah Hampton Property Address: 711 37TH AVE 10117 Wayne Vagts Property Address: 4347 MAIN ST NE 02/17/2010 09:29 24 Page 1 List of 2009 Rental Licenses to Approve Occupany I.D. Property Owner Name 10253 Gordon Erickson Property Address: 4236 POLK ST NE 02/17/2010 09:28 25 Page 1 CITY COUNCIL LETTER Meeting of: February 22, 2010 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: February 17, 2010 BY: /, BACKGROUND/ANALYSIS Attached is the business license agenda for the February 22, 2010 Council meeting. This agenda consists of applications for 2010 Contractor licenses, a Cigarette/Tobacco License for the new owner of Columbia Market, and a Smoke Shop License for Farida Farah. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If 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 February 22,2010 as presented. COUNCIL ACTION: 26 TO CITY COUNCIL February 22, 2010 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES-2010 BLDG *Wright Tree Service PO Box 1718, Des Moines, Iowa $60 *Building Restoration Corp 1920 Oakcrest Ave,Roseville $60 *Ivy Ridge Home Bldrs Inc 9276 Isanti St NE, Blaine $60 True North Tower LLC 310 60th St NW, Sauk Rapids $60 Hoeft Signs 6035 235th West, Farmington $60 *Earth Wizards Inc. 1071 Co. Hwy 10, SLP $60 *Noah Acquisitions dba Ben Franklin PI 14243 rd St N, Mpls $60 *Delson Plumbing 1308 42 %Ave, Col. Hts. $60 *M & S Plumbing 23581 Heather St NW, St Francis $60 *Rick's Plumbing Inc. 170122 I't Ave NW, Cedar $60 *Jimbo's Plumbing LLC 1630 Fairway Dr, Col. Hts. $60 *The Snelling Co. 1400 Concordia Ave, St Paul $60 Cashion HVAC Services Inc 4148 Jansen Ave NE, St Michael $60 *Doody Mechanical 1301 L'Orient St. St Paul $60 *Tradewinds 27589 Hwy 65 NE, Isanti $60 *Pearson Mech Services 13497 Fenway Blvd Cir, Hugo $60 Louis DeGideo Service Inc. 21033 Heron Way, Lakeville $60 CIGARETTE?TOBACCO LICENSE POLICE Salem Binmahfooz/Columbia Mkt 4901 University Ave $300 SMOKE SHOP LICENSE POLICE Farida Farah to operate out of 4110 Central Ave $300 27 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: February 22, 2010 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number 133618 through 133773 in the amount of$ 1,075,190.96 These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are herby, recommended for payment. 28 ca W u x x H L7 W W x� O rG U H K •K a l0 * 04 N 00 U > U > 1 � � r, w x * Ho 000 vi -;p N U H >, o in U z M q o -rf o x O n a z M 1-1 H -k H :j :3 :j :J a 14 �4 �d �4 �4 �4 �d H U >+ * 0 0 0 0 * ao z (d C/) O D can' 4-) * zzzz * o M x * zzzz * o x>1 U4F:4 -N N �4 U * WWWW N Gw \ m •r1 a a a a o * 1 V E * > . . . . . . . . . . . . . 0 H W O x G., x t In N # i� ri UI •rl ri W 1n > +-) p 04 O ca •• -K O 4j A H H •K W W •• O N 4-1 43 N • • • S4 1d l-) 04 U G U o i H a m U N'd q q q O .A rti >C 0 G rl > N z U 4J O W W E A W S4 rtf W m H 0 K cdU N 'd 4-) Ma 'Z, N •Ic # N H A r-1 r-1 Zi 4-1 Ul M .G N'd U1 W 0 rn X26 N Id M U �4 U fd N M 417 Ad Gi � Ga * O ri a'd U S4 Sc � U n'd 0 U X U N cd -1 H O B co * 04 4-1 U Q UJ �J :3 O U1 O A > �a q �$r-1 N U A h UN N R, z 40004 S4 N1~ d1d0 N,-1 1~ 40 * * * * * * [4 O HP4 UcnhhU 124> Hwcq >14U H c4 Ul H Ey x OOOOOOOONr- lf 1000L, OOONmLnr- LOON 0Ln00H lnOOOLnOInNMOHODO100001 H 001 C. 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H I >+ zQt-a '.I' Oa' E� 4U"" QQHH >+ HH n: DZ0HUl W Ga W CA 1 w M H I P H H W UUO W M4 HA W H F-4 r4 Gc4O Ha.0 z ra�zzH ,�q"4 H >+ cn .'T' W rrpzq,� •• 4 W al PN zHz Pa wCn 134 rx Ua a aao iJ I H H C) 1 aDFC W W aU I p �7Ei W W Eia] ,7P: P;u1�yOOa FC O vo a u l W Ei a WHI-4UJaa EiNH wwtD W 0U P4 a w I U co I zz �i �i rQHa I W (� W a P "Cr4001C)lS F4Mril >H W F-I I W a o U W 1 W OQE+ FGHrs+ OQOOOHE-+ M00 IZC W W HHH W W zHzFC 4 0 H\ Q 1 0UW co fal404CA0CD E-1Ul V) a U 'Z U2 P!CO ll ll U) U H 44 F-4 rl WC4 z 1 U rC U) I HH � NInc) riOLnHm pr-INOLCl � 00HNMCP0) a)CVHOLndILn � Ei 1 Ei UN I O O O H N dI LD r-H v di v I` O ri H H H 00 o 0 o M Ln O N I` W mm O I O 4C) rxl W 1 ri NNNNNNNMMMMMdLdldlvdllOWlDkOIDwwr,r-0000000 E-1 I M Ei CITY COUNCIL LETTER Meeting of: February 22, 2010 AGENDA SECTION: PUBLIC HEARING ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING—CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: January 27, 2010 DATE: On or about March 1,2009, Comcast filed with the City Federal Communications Commission(FCC)Form 1240, "Updating Maximum Permitted Rates for Regulated Cable Services",purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic programming service, and FCC Form 1205, "Determining Regulated Equipment and Installation Costs, Equipment Form",purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1,2009 to May 31, 2010. Basic programming consists of over-the-air broadcast stations,public,educational,and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including(but not limited to) programming offered on a pay-per-channel or pay-per-program basis. Under federal law,the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's actual rates as of June 1, 2009, the maximum permitted rates effective June 1, 2009, and the rates effective January 1, 2010. Rates As of aximum Rates June 1, Permitted Effective 2009 Rates January 1, Effective 2010 June 1, 2009 Basic Service $ 9.57 $10.68 $10.23 Basic Only Receiver Remote Control $ .10 $ .28 $ .10 Installation—Unwired Home $44.99 $46.59 $44.99 Instal lation-Prewired Home $29.99 $32.96 $29.99 Installation-Additional Outlet- $15.99 $17.87 $15.99 Connect Initial Installation-Additional Outlet- $25.99 $28.75 $25.99 Connect Separate Other Install—Relocate Outlet $20.99 $21.11 $20.99 Upgrade- Optional Services $15.99 $16.58 $15.99 Downgrade- Optional Services $10.49 $10.99 $10.49 COUNCIL ACTION: 36 CITY COUNCIL LETTER Meeting of: February 22, 2010 AGENDA SECTION: PUBLIC HEARING ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING—CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: January 27, 2010 DATE: Page 2 As part of its ongoing rate proceeding,the City must hold a public hearing. At their meeting of January 25,2010,the City Council established a public hearing date of Monday,February 22, 2010, at 7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its March 2009 rate filing. Any comments furnished at the hearing may be considered by the City as it issues appropriate rate orders,and will become part of the record in the City's proceeding. Notice of the public hearing was published in the Focus Newspaper. At the Telecommunications Commission meeting of January 21, 2010, the Telecommunication Commission recommended that the City Council issue rate orders preserving the City's rights to the extent possible. The benefit of issuing such rate orders is that the City would avoid the long and expensive process associated with a detailed substantive review of Comcast's rate filing,while still preserving certain fundamental rights. The City would retain the right to look at underlying data,calculations,and assumptions in the context of a future rate filing. The drawback of this approach is that Comcast may appeal any rate orders issued by the City to the Federal Communications Commission. That said, the City is not required to respond to any appeal filed by Comcast. Attached are two resolutions recommended for adoption by the City Council. Resolution 2010-07 is an order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2009. Adoption of the resolution would neither approve nor deny the maximum permitted rate for basic cable service,as calculated in the 2009 FCC Form 1240,but would function as a basic service rate ceiling during the relevant rate period and be utilized in future basic rate filings. Resolution 2010-08 is an order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2009. Adoption of the resolution would neither approve nor deny the maximum permitted rates and charges for equipment and installation as calculated in the 2009 FCC Form 1205, but would function as a rate ceiling during the relevant rate period. COUNCIL ACTION: 37 CITY COUNCIL LETTER Meeting of: February 22, 2010 AGENDA SECTION: PUBLIC HEARING ORIGINATING CITY NO: DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING—CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: January 27, 2010 DATE: Page 3 RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-07,there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2010-07,being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2009. RECOMMENDED MOTION: Move to waive the reading of Resolution 2010-08,there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2010-08,being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1,2009. COUNCIL ACTION: 38 RESOLUTION NO. 2010-07 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMIVIING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1,2009 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota(hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter"FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter"Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2009, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2009 FCC Form 1240"); and WHEREAS,the City held a public hearing to solicit the views of interested persons concerning the 2009 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE,the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2009 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2009 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2009 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order 39 is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2009 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including(but not limited to): (i)the right to request and review data, and documents concerning the 2009 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii)the right to address issues raised in the 2009 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii)the right to request additional information concerning the 2009 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review,pursuant to 47 C.F.R. § 76.936(b). Passed this day of February 2010. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 2 40 RESOLUTION NO. 2010-08 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1,2009 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the"City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter"FCC"); and WHEREAS, Comcast Cable Communications, LLC (hereinafter"Comcast") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, `Equipment Form"' (hereinafter the "2009 FCC Form 1205"), on or about March 1, 2009, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2009 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE,the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2009 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2009 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City,however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2009 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way,the City reserves the right to take appropriate action. This Order 41 is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2009 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i)the right to request and review data, and documents concerning the 2009 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2009 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and(iii)the right to request additional information concerning the 2009 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review,pursuant to 47 C.F.R. § 76.936(b). Passed this day of February, 2010. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, CMC City Clerk 2 42