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.
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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
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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.
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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
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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
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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
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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
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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
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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