HomeMy WebLinkAbout01-26-2015Mr Afflr'
CITY COUNCIL MEETING
JANuARY i
THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM
ON MONDAY JANUARY 26, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AVENUE N.E.,
COLUMBIA HEIGHTS, MINNESOTA
I.CALL TO ORDER
Mayor Peterson called the meeting to order at 7:05 pm.
2.ROLL CALL
Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn.
Also Present: Walt Fehst, City Manager; Jim Hoeft, City Attorney; Kevin Hansen, Director of
Public Works; Joe Kloiber, Finance Director; Kelli Bourgeois, HR Director /Assistant to the City
Manager; Gary Gorman, Fire Chief, Katie Bruno, Council Secretary
3.INVOCATION
Invocation provided by Dan Thompson, Heights Church
4.PLEDGE OF ALLEGIANCE -
The Pledge of Allegiance was recited.
5.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.)
1. Mayor Peterson added Item H to the Consent Agenda; Appointment of Council Liaison to the
Public Arts Commission.
2. Mayor Peterson noted that there is a motion to be added item 9A -c.
3. Councilmember Nawrocki stated he would like the City Manager to discuss the use of cell
phones, the City Newsletter and the Library Design Task Force.
6.PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS
Councilmember Murzyn, Jr. displayed the new fire department badge design created by firefighter
Rich Hinrichs.
7.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 City Council
MOTION: Move to approve the minutes of the City Council meeting of January 12, 2015.
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B. Approval of the attached list of rental housing licenses.
MOTION: Move to approve the items listed for rental housing license applications for January
26, 2015 in that they have met the requirements of the Property Maintenance Code
C. Approve Business License Applications.
MOTION: Move to approve the items as listed on the business license agenda for January 26,
2015, as presented.
D. Resolution Providing for the Sale of $7,000,000 General Obligation Library Bonds, Series
2015A. *Removed for Discussion.
E. Resolution Appropriating Certain Interfund Transfers to the Library Capital Building Fund.
und.
*Removed for Discussion.
F. Resolution Approving_ A Collective Bargaining Agreement Between the City of Columbia
Heights and Law Enforcement Labor Services, Inc. Local 342 — Police Sergeants.
*Removed for Discussion.
G. Payment of Bills
MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council
has received the list of claims paid covering check number 155371 through 155528 in the
amount of $672,349.55.
H. Appointment of Council Liaison to the Public Arts Commission.
*Removed for Discussion.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to approve Consent
Agenda items A, B, C, and G.
Councilmember Nawrocki requested that the following items be removed from the Consent
Agenda for Discussion: D, E, F and H.
Councilmember Nawrocki requested that the following items be removed from the Consent
Agenda for Discussion:
D. Resolution Providing for the Sale of $7,000,000 General Obligation Library Bonds, Series
201 5A_
Councilmember Nawrocki expressed concern with the speed of the process. City Manager Fehst
stated that staff has been working on this since the November election. Fehst commented that the
expectation is to sell the bonds for a good rate. Finance Director Joe Kloiber noted that this item
was already approved as part of the original ordinance adopted in June of 2014.
Jason Aarsvold representing Ehlers & Associates explained that Ehlers is comfortable with the
timing. Councilmember Nawrocki questioned why the amount has increased by $160,000.00.
Director Kloiber explained that staff has recommended the full $7,000,000 (as voted for in the
election) to allow for contingencies; specifically in the area of site clean -up.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of
Resolution 2015 -05, there being ample copies available for the public. All Ayes.
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Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution
2015 -05, providing for the sale of $7, 000, 000 general obligation library bonds, series 2015A. All
Ayes.
E. Resolution Appropriating Certain Interfund Transfers to the Library Capital Building Fund.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the
reading of Resolution 2015 -06, there being ample copies available for the public. All Ayes.
Councilmember Nawrocki questioned the 2,300,000 opposed to the original anticipated amount of
$1,700,000. Finance Director Kloiber explained that the part of the supporting material for the
original ordinance approved June 9, 2014, referenced the 2,300,000. Director Kloiber stated he
would provide the original council letter from June 9, 2014. Kloiber explained that the City has
been setting monies aside for this purpose.
Malcom Watson - 1717 49`h Ave. NE expressed concern with spending additional money than the
amount indicated on the ballot. City Manager Fehst explained that it was never stated to be a total
cost of $7,000,000. Mr. Watson suggested the council encourage commercial /industrial
development in the City.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution
2015 -06, appropriating certain interfund transfers to the Library Capital Building Fund. All Ayes
F. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia
Heights and Law Enforcement Labor Services, Inc. Local 342 — Police Sergeants.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of
Resolution 2015 -08, there being ample copies available to the public. All Ayes.
Councilmember Nawrocki questioned how the proposed salaries of the LELS Sergeants compare
with others in surrounding communities. Human Resource Director Kelli Bourgeois responded
that Columbia Heights is within the mid -range of other communities. Bourgeois invited
Councilmember Nawrocki to meet with her for more detailed statistics.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt Resolution
2015 -08, regarding the Labor Agreement between the City of Columbia Heights and Law
Enforcement Labor Services, Inc. Local #342, Police Sergeants, effective January 1, 2015 to
December 31, 2016. All Ayes.
H. Appointment of Council Liaison to the Public Arts Commisison.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to appoint
Councilmember Donna Schmitt to serve as liaison to the Public Arts Commission. All Ayes.
City Manager Fehst reported that Keith Roberts recently resigned from the Public Arts Commission,
where he served as Chairperson.
Page 4 of 15
8. PUBLIC HEARINGS
A. Adopt Resolution 2015 -04, 4201 Jefferson Street NE being declarations of nuisance and
emergency abatement of violations within the City of Columbia Heights regarding propert y
at 4201 Jefferson St NE.
Fire Chief Gary Gorman reported that the property was found to be vacant and unsecured by
Police Officers.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to close the
public hearing and to waive the reading of Resolution 2015 -04, there being ample copies
available to the public. All Ayes.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt
Resolution Number 2015 -04, being resolution of the City Council of the City of
Columbia Heights declaring the property listed a nuisance and approving the
emergency abatement of violations from the property pursuant to City Code section
8.206. All Ayes.
9. ITEMS FOR CONSIDERATION
A. Other Ordinances and Resolutions
a. Resolution Providing For The Prepayment And Redemption Of A Portion Of The City's
Outstanding General Obligation Street Rehabilitation Bonds, Series 2007A
Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the
reading of Resolution 2015 -07, there being ample copies available for the public. All Ayes.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to adopt
resolution 2015 -07 providing for the prepayment and redemption of a portion of the city's
outstanding general obligation street rehabilitation bonds, series 2007A . All Ayes.
Finance Director Kloiber reported that the resolution was drafted as a result of the Council's
direction in December 2014 to use a recent surplus towards tax - relief. It was explained that the
City will see about a $28,000 savings in interest over three years. Councilmember Schmitt
expressed her gratitude to Finance Director Kloiber.
b. Resolution Appropriating an Interfund Transfer to the General Obligation Street
Rehabilitation Bonds Series 2007A Debt Service Fund
Finance Director Kloiber explained that the Council just passed the resolution (2015 -07) for the
redemption, and this resolution is to allow for the internal transfer.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the
reading of Resolution 2015 -10, there being ample copies available for the public. All Ayes.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt
Resolution 2015 -10, being a resolution appropriating an interfund transfer to the General
Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund. All Ayes.
Page 5 of 15
c. Resolution and Ordinance Regarding Conditionally Granting the Consent to Transfer
Control of the Cable Television Franchise and Cable Television System fiom Comcast
Corporation to GreatLand Connections, Inc.
Mike Bradley, representing Bradley Hagen & Gullikson, LLC explained the Comcast has
requested the City transfer their cable franchise to Greatland Connections Inc. Mr. Bradley
reported that an agreement has been reached on the following; a settlement agreement, a transfer
agreement and passing an ordinance adding the benefits from the settlement agreement. The
current franchise agreement was set to expire in 2015, an extension was granted until May 31,
2020. It was reported that two if the four PEG channels will be converted to HD.
The City will be paid $4,000 as a result of a recent underpayment by Comcast.
Current subscribers are paying .90 per month to Comcast for support of PEG channels. In later
2015 the .90 will go to the City for public access programming. Comcast will also pay all egal
fees. Councilmember Schmitt asked how this compares with other jurisdictions. Mr. Bradley
stated this is better than many.
Councilmember Nawrocki commented that he doesn't see this as a very good deal for the City.
Nawrocki suggested that the .90 be returned to the subscriber rather than to the City.
Councilmember Nawrocki stated that he has requested information regarding the Dish Network,
noting we may see significant savings. City Manager Fehst commented that residents are entitled
to choose whatever service provider they want.
Councilmember Nawrocki commented that the local programming from the City and the school
district are only available through Comcast, and would like to see the Dish option looked into.
Councilmember Schmitt clarified that the Dish network is not a cable provider, and the City is
required to have a cable franchise. Mr. Bradley explained that the satellite companies are not
equipped to handle all of the local PEG channels.
Manager Fehst noted that the City Council meetings are available through the City's website.
Motion by Councilmember Nawrocki to require the City return the .90 cents to the consumer
by lowering the rate by Comcast, and to reduce the fee being paid by % of S%.
Motion failed for lack of a second.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to accept the
settlement agreement. All Ayes.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the
reading of Resolution 201 5 -09, there being ample copies available to the public. All Ayes.
Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt
Resolution 201 5 -09, regarding conditionally granting the consent to transfer control of the
cable television franchise and cable television system from Comcast Corporation to
Greatland Connections; Inc.
Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Murzyn, Jr.
Nay: Councilmember Nawrocki
4 Ayes, I Nay, Motion Carried.
Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the
reading of Ordinance 1617, there being ample copies available to the public.
Page 6 of 15
Motion by Councilmember Williams, seconded by Councilmember Murzyn to approve the
ordinance upon first reading and set the second reading for Monday, February 9, 2015 at
approximately 7:00 p.m. in the City Council Chambers.
Ayes: Mayor Peterson, Councilmembers Schmitt, Williams and Murzyn, Jr.
Nay: Councilmember Nawrocki
4 Ayes, I Nay, Motion Carried.
Councilmember Schmitt reported she recently talked to employees at the Xfinity Center, and they
expressed little concern regarding the transition.
d. MS4 Ordinance Amendments: Chapter 8 Article VII: Surface Drainage Connection and
Discharges & Chapter 9 Article I: Zoning and Land Development.
Director of Public Works Kevin Hansen reported that the council heard this item at their January
work session. Director Hansen explained that the City was given one year to come into
compliance with PCA requirements through our code. City staff created a design guideline format
to use, rather than having the requirements in ordinance format. Hansen reported that if we are not
in compliance, projects could be delayed.
Councilmember Schmitt questioned the deletion of the term "City Engineer" and the addition of
the term "Public Works Director ". Hansen explained that the definitions allow for the Public
Works Director to have a designee.
Councilmember Schmitt questioned the land disturbing activity definition, and who would be
required to obtain a permit. Director Hansen clarified that it applies to activities greater than one
acre.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the
reading of Ordinance #1618, there being ample copies available to the public. All Ayes.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to waive the
reading of Ordinance #1619, there being ample copies available to the public. All Ayes.
Motion by Councilmember Williams, seconded by Councilmember Nawrocki to establish the
second reading of Ordinance # 1618, for February 9, 2015 at approximately 7 :00 p.m. in the
Council Chambers. All Ayes.
Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr to establish
the second reading of Ordinance #1619, for February 9, 2015 at approximately 7.00 p. m. in
the Council Chambers. All Ayes.
B. Bid Considerations
a. Consideration of Architect for City Library
City Manager Fehst reported that interviews of four competent architectural firms were conducted
on January 23d. Fehst commended Public Works Director Hansen for his contribution to the
process. Director Hansen distributed a revised council letter along with a rating chart indicating
scoring. The following qualification based selection was used; 40% proposal, 20% interview and
40% cost.) Seven of the eleven Library Design Task Force members, along with City Staff and
the Mayor participated in the grading.
Page 7 of 15
The consensus of the group was to award the contract to Hammel, Green and Abrahamson; HGA;
with a bid of $489,000. Two alternates were added, 1 for technology the other for furnishings, for
a total contract price of $536,655.
Councilmember Nawrocki stated that while he was surprised with the choice, he recalls a good
working relationship with HGA on past projects. Councilmember Williams suggested looking at
the possibility of including City Hall in the design plans.
Director Hansen clarified that the recommendation is from the committee; including the Library
Design Task Force, Library Board and City Staff.
Councilmember Nawrocki expressed concern with the council not be included in the interviewing
of the architects. City Manager Fehst clarified that meetings with the Architect and the public will
be forthcoming.
Motion by Councilmember Nawrocki, seconded by Councilmember William to award the City
Library Architectural Services, Project No. 1410, to the firm of Hammel, Green and
Abrahamson based upon the qualifications selection process for base cost of $489, 000, and
accepting bid alternates 1 and 2 in the amount of $12, 000 and $35,655, respectively, for a total
contract award of $536,655, appropriated from Fund 450 -51410 -3050. All Ayes.
New Business and Reports
City Manager
City Manager Fehst commended Director Hansen and Kloiber on their diligent efforts in the
library process.
City Manager Fehst also thanked Kelli Bourgeois for her efficient work regarding the cable
franchise agreement.
Manager Fehst alerted the Council that they will likely want to consider a moratorium on
businesses providing medical marijuana.
Councilmember Nawrocki requested a report on the number of cell phones issued by the City, and
what restrictions are in place. Manager Fehst stated that will be provided to Councilmember
Nawrocki.
Councilmember Nawrocki requested the City include an explanation of property tax increase in the
upcoming newsletter.
Councilmember Nawrocki requested the Anoka County Record be made available at the library.
City Attorney
City Attorney Hoeft reported many cities will be looking at the sale of medical marijuana in the
coming months, clarifying that the City can only issue a moratorium on the sale of medical
marijuana, not the use.
11. CITIZENS FORUM
None
Page 8 of 15
12. ADJOURNMENT
Mayor Peterson reminded residents to remember our servicemen and women, and to try to enjoy life,
and to do a random act of kindness.
Meeting adjourned at 9:04 p.m.
n
c VN
_
Respectively Submitted
Katie Bruno, Council Secretary /City Clerk
RESOLUTION NO. 2015-04
Resolution of the City Council for the City of Columbia Heights declaring the property a nuisance and approving
the emergency abatement of ordinance violations pursuant to Chapter 8, Article II, of City Code, of the property
owned by Brian J. Ketchum (Hereinafter "Owner of Record ").
Whereas, the owner of record is the legal owner of the real property located at 4201 Jefferson Street N.E. Columbia
Heights, Minnesota.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights Makes the following:
FINDINGS OF FACT
1. That water was shut off and determined abandoned as of 01/06/09 by the City Building Official.
2. That on December 29, 2014 the Fire Department responded to a complaint at the address listed above.
Inspectors noted that the structure was unsecured.
3. That on December 29, 2014 the Fire Chief ordered that Advance Companies secure the vacant structure.
4. That based upon said records of the Fire Department, the following conditions and violations of City
Codes(s) were found to exist and have been abated, to wit:
A. Emergency Abatement of the hazardous situation located at 4201 Jefferson Street N.E.
CONCLUSIONS OF COUNCIL
1. That the property located at 4201 Jefferson Street N.E. is in violation of the Columbia Heights City Code as
set forth above.
2. That the emergency abatement of the hazardous situation located at 4201 Jefferson Street N.E. is hereby
approved.
ORDER OF COUNCIL
1. The property located at 4201 Jefferson Street N.E. constitutes a nuisance pursuant to City Code.
RESOLUTION NO. 2015-05
Council Member Williams introduced the following resolution and moved its adoption:
Resolution Providing for the Sale of
$7,000,000 General Obligation Library Bonds, Series 2015A
Page 9 of 15
A. WHEREAS, the City Council of the City of Columbia Heights, Minnesota has heretofore determined that it is
necessary and expedient to issue the City's $7,000,000 General Obligation Library Bonds, Series 2015A (the
"Bonds "), to finance construction of a new library in the community in the City; and
B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its
independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with
Minnesota Statutes, Section 475.60, Subdivision 2(9);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota, as
follows:
1. Authorization; Findings. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the
Bonds.
2. Meeting; Proposal Opening. The City Council shall meet at 7:00 p.m. on February 9, 2015, for the purpose of
considering sealed proposals for and awarding the sale of the Bonds.
3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to
cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute
and deliver it on behalf of the City upon its completion.
The motion for the adoption of the foregoing resolution was duly seconded by City Council Member Schmitt and,
after full discussion thereof and upon a vote being taken thereon, the following City Council Members voted in
favor thereof.
Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn, Jr.
and the following voted against the same: None
Whereupon said resolution was declared duly passed and adopted.
RESOLUTION NO. 2015-06
APPROPRIATING CERTAIN INTERFUND TRANSFERS TO
THE LIBRARY CAPITAL BUILDING FUND
WHEREAS, on November 4, 2014, the registered voters of the City of Columbia Heights approved, by
referendum vote, a ballot measure to issue up to $7,000,000 in general obligation bonds for the
construction and financing of a new public library; and
WHEREAS, the estimated construction and other costs of the proposed library project, as considered
throughout 2014 by the City Council of the City of Columbia Heights, with significant input from the
public and architectural consultants, is greater than $7,000,000; and
WHEREAS, the City of Columbia Heights has adequate fund balances, available to finance the estimated
costs that exceed the aforementioned $7,000,000 in general obligation bonds;
NOW, THEREFORE, BE IT RESOLVED that the 2015 City of Columbia Heights' budget is amended to
appropriate the interfund transfers listed on the attached Exhibit A, to the Library Capital Building Fund.
i
Detail of Interfund Transfers to the Library Capital Building Fund (No. 450)
Special Projects Fund (No. 226)
Cable Television Fund (No. 225)
Capital Improvement Development Fund (No. 420)
Insurance Internal Service Fund (No. 884)
General Fund (No. 10 1)
Total
$500,000
$300,000
$375,000
$25,000
$175,000
$1,375,000
Page 10 of 15
RESOLUTION NO. 2015-07
RESOLUTION PROVIDING FOR THE PREPAYMENT AND REDEMPTION OF A PORTION OF THE
CITY'S OUTSTANDING GENERAL OBLIGATION STREET REHABILITATION BONDS,
SERIES 2007A
BE IT RESOLVED By the City Council of the City of Columbia Heights, Anoka County, Minnesota (the
"City "), as follows:
1. The City previously issued and sold its General Obligation Street Rehabilitation Bonds,
Series 2007A (the "Bonds "), dated September 19, 2007, in the original aggregate principal amount of $1,000,000,
of which $460,000 in principal amount is currently outstanding. Bonds maturing on or after February 1, 2016, are
subject to call for prior redemption on February 1, 2015, or on any date thereafter at a price of par plus accrued
interest. Redemption may be in whole or in part, and if in part, at the option of the City and in such order as the
City will determine and within a maturity selected by the U.S. Bank National Association, Saint Paul, Minnesota,
acting as the registrar for the Bonds (the "Registrar "). Prepayments will be at a price of par plus accrued interest.
2. It is determined that it is in the best interests of the sound financial management of the City that
Bonds maturing on February 1, 2017, and thereafter be prepaid and redeemed on March 13, 2015 (or on the first
date thereafter for which the Registrar can provide proper notice to the holders of the Bonds), and those Bonds are
hereby called for redemption on that date in the aggregate principal amount of $245,000.
3. The Registrar is authorized and directed to mail notice of call for redemption of the Bonds in the
form attached hereto as EXHIBIT A to the registered owners of each Bond to be redeemed at the address shown on
the registration books kept by the Registrar.
4. The City Finance Director will also cause the notice of redemption to be disclosed pursuant to the
Continuing Disclosure Certificate, dated September 19, 2007, related to the Bonds.
The motion for the adoption of the foregoing resolution was duly seconded by Member Schmitt, and upon vote
being taken thereon, the following voted in favor thereof:
Mayor Peterson, Councilmembers Nawrocki, Williams, Schmitt and Murzyn Jr. and the following voted against: None
whereupon said resolution was declared duly passed and adopted.
Page ll of 15
RESOLUTION NO. 2015-08
A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE
CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. LOCAL
342 — POLICE SERGEANTS
WHEREAS, negotiations have proceeded between Law Enforcement Labor Services, Inc. (LELS), Local
342, representing Police Sergeants of the City, and members of the City's negotiation team; and
WHEREAS, said negotiations have resulted in a mutually acceptable collective bargaining agreement for
calendar years 2015 and 2016; and
WHEREAS, changes to the current agreement are hereby attached as Exhibit A, and a copy of said
collective bargaining agreement is available for inspection at the Office of the City Manager and is made a
part hereof by reference.
NOW THEREFORE, BE IT RESOLVED that the collective bargaining agreement as negotiated, be and is
hereby established as the salary and fringe benefit program for calendar years 2015 and 2016 for LELS,
Local 342 — Police Sergeants, bargaining unit employees of the City; and
BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute this
collective bargaining agreement.
RESOLUTION NO. 2015-09
A RESOLUTION CONDITIONALLY GRANTING THE CONSENT
TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE
AND CABLE TELEVISION SYSTEM FROM
COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC.
WHEREAS, the City of Columbia Heights, Minnesota, is a Minnesota Statutory City; and
WHEREAS, Comcast of Minnesota, Inc., ( "Franchisee ") holds a franchise (the "Franchise ") to
operate a cable television system (the "System ") in the City pursuant to a franchise ordinance (the
"Franchise Ordinance "); and
WHEREAS, Section 11.110(E) of the Franchise Ordinance requires the City's prior consent to a
fundamental corporate change, including a merger or a change in Franchisee's parent corporation; and
WHEREAS, the City has the authority to administer and enforce the Franchise; and
WHEREAS, after a series of transfers, Comcast of Minnesota, Inc., was approved by the City as
the Franchise holder, pursuant to prior transfer resolutions (the "Prior Transfer Resolutions "). The Prior
Transfer Resolutions, the Franchise, the Franchise Ordinance, and the Franchise Settlement Agreement
together with any applicable resolutions, codes, ordinances, acceptances, acknowledgments, guarantees,
amendments, memoranda of understanding, social contracts and agreements, are collectively referred to as
the "Franchise Documents;" and
WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly -owned subsidiary of Comcast
Corporation ( "Comcast "); and
WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and
Page 12 of 15
transfer the Franchise and Cable System to Midwest Cable, Inc., in a process described in the Transfer
Application (the "Proposed Transaction "); and
WHEREAS, immediately following the closing of the Proposed Transaction, Midwest Cable, Inc.,
will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer
applicant will be referred to as "GreatLand" throughout; and
WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the City on
June 18, 2014, together with certain attached materials, which documents more fully describe the
Proposed Transaction and which documents, with their attachments, contain certain promises, conditions,
representations and warranties (the "Transfer Application "); and
WHEREAS, under the Proposed Transaction, the Franchise and Cable System will stay with
Franchisee, and its ultimate parent company will be GreatLand; and
WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the Franchisee
and the System will change, and it requires the prior written approval of the City; and
WHEREAS, Comcast, through its subsidiaries, provided written responses to some of the data
requests issued by the City, including directing the representatives of the City to publicly filed and
available information, and information posted to Comcast Corporation and other websites (the "Data
Request Responses "); and
WHEREAS, the City reviewed the Transfer Application and considered all applicable and relevant
factors; and
WHEREAS, in reliance upon the representations made by and on behalf of Comcast of Minnesota,
Inc., Comcast, and GreatLand, to the City, the City is willing to grant consent to the Proposed Transaction,
so long as those representations are complete and accurate; and
WHEREAS, the City's approval of the Proposed Transaction is therefore appropriate if the
Franchisee will continue to be responsible for all acts and omissions, known and unknown, under the
Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF COLUMBIA HEIGHTS AS
FOLLOWS:
Section 1. The City's consent to and approval of the Transfer Application is hereby GRANTED in
accordance with the Franchise Ordinances, subject to the following conditions:
1.1 Neither the Franchise, nor any control thereof, nor the System, nor any part of the System located
in any municipal public rights -of -way in the City or on municipal property, shall be assigned or
transferred, in whole or in part, without filing a written application with the City and obtaining prior
written approval of such transfer or assignment, but only to the extent required by applicable law.
1.2 The City's approval of the Transfer Application is made without prejudice to, or waiver of, its
and /or the City's right to fully investigate and consider during any future franchise renewal process: (i)
Franchisee's financial, technical, and legal qualifications; (ii) Franchisee's compliance with the Franchise
Documents, except as set forth in the Franchise Settlement Agreement; and (iii) any other lawful, relevant
considerations.
Page 13 of 15
1.3 The City's approval of the Transfer Application is made without prejudice to, or waiver of, any
right of the City to consider or raise claims based on Franchisee's defaults, any failure to provide
reasonable service in light of the community's needs, or any failure to comply with the terms and
conditions of the Franchise Documents, or with applicable law, except as set forth in the Franchise
Settlement Agreement.
1.4 Subject to the Franchise Settlement Agreement, the ,City waives none of their rights with respect to
the Franchisee's compliance with the terms, conditions, requirements and obligations set forth in the
Franchise Documents and in applicable law. The City's approval of the Transfer Application shall in no
way be deemed a representation by the City that the Franchisee is in compliance with all of its obligations
under the Franchise Documents and applicable law.
1.5 After the Proposed Transaction, GreatLand and Franchisee will be bound by all the commitments,
duties, and obligations, present and continuing, embodied in the Franchise Documents and applicable law.
The Proposed Transaction will have no effect on these obligations.
1.6 GreatLand shall provide an executed written certification in the form attached hereto within thirty
(30) days after consummation of the Proposed Transaction, guarantying the full performance of the
Franchisee. GreatLand shall provide the City with written notification that the Proposed Transaction
closed within ten (10) days after the closing;
1.7 GreatLand will comply with any and all conditions or requirements applicable to GreatLand set
forth in all approvals granted by federal agencies with respect to the Proposed Transaction and Transfer
Application (including any conditions with respect to programming agreements), such conditions or
requirements to be exclusively enforced at the federal level;
1.8 GreatLand shall provide a written guarantee in the form attached hereto within thirty (30) days of
the effective date of this Resolution specifying that subscriber rates and charges in the City area will not
increase as a result of the costs of the Proposed Transaction;
1.9 After the Proposed Transaction is consummated, GreatLand and Franchisee will continue to be
responsible for all past acts and omissions, known and unknown, under the Franchise Documents and
applicable law for all purposes, including (but not limited to) Franchise renewal to the same extent and in
the same manner as before the Proposed Transaction, subject to the terms of the Franchise Settlement
Agreement.
1.10 Nothing in this Resolution amends or alters the Franchise Documents or any requirements therein
in any way, and all provisions of the Franchise Documents remain in full force and effect and are
enforceable in accordance with their terms and with applicable law.
1.11 The Proposed Transaction shall not permit GreatLand and Franchisee to take any position or
exercise any right with respect to the Franchise Documents and the relationship thereby established with
the City that could not have been exercised prior to the Proposed Transaction.
1.12 GreatLand assures that it will cause to be made available adequate financial resources to allow
Franchisee to meet its obligations under the Franchise Documents, including without limitation
operational and customer service requirements.
1.13 The City is not waiving any rights it may have to require franchise fee payments on present and
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future services delivered by GreatLand or its subsidiaries and affiliates via the cable system;
1.14 The City is not waiving any right it may have related to any net neutrality, open access, and
information services issues;
1.15 Receipt of any and all state and federal approvals and authorizations;
1.16 Actual closing of the Proposed Transaction consistent with the transfer application; and
1.17
Section 2. If any of the conditions or requirements specified in this Resolution are not satisfied,
then the City's recommended consent to, and approval of, the Transfer Application and Proposed
Transaction is hereby DENIED and void as of the date hereof.
Section 3. If any of the written representations made to the City in the Transfer Application
proceeding by (i) Comcast of Minnesota, Inc., (ii) Comcast or (iii) GreatLand, (iv) any subsidiary or
representative of the foregoing prove to be materially incomplete, untrue or inaccurate in any material
respect, it shall be deemed a material breach of the Franchise Documents and applicable law, and subject
to the remedies contained in the Franchise Documents and applicable law.
Section 4. This Resolution shall not be construed to grant or imply the City's consent to any other
transfer or assignment of the Franchises or any other transaction that may require the City's consent under
the Franchise Ordinances or applicable law. The City reserves all its rights with regard to any such
transactions.
Section 5. This Resolution is a final decision on the Transfer Application within the meaning of 47
U.S.C. § 537.
Section 6. The transfer of control of the Franchise from Comcast to GreatLand shall not take
effect until the consummation of the Proposed Transaction.
Section 7. This Resolution shall be effective immediately upon its adoption by the City.
RESOLUTION NO. 2015-10
APPROPRIATING AN INTERFUND TRANSFER TO
THE GENERAL OBLIGATION STREET REHABILITATION BONDS
SERIES 2007A DEBT SERVICE FUND
WHEREAS, the City Council of the City of Columbia Heights has adopted resolution 2015 -07, calling for
the prepayment and redemption of a portion of the city's outstanding General Obligation Street
Rehabilitation Bonds, Series 2007A, in the amount of $245,000 plus interest; and
WHEREAS, the City of Columbia Heights General Fund received approximately $118,000 in unassigned
and unbudgeted revenue in 2014 from the decertification of the Sheffield Tax Increment Financing
District; and
WHEREAS, in addition to the aforementioned revenue, the City of Columbia Heights General Fund has
sufficient unassigned fund balance to apply an additional $118,000 of unassigned fund balance to the
prepayment and redemption; and
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WHEREAS, these amounts from the General fund, together with existing fund balance in the City of
Columbia Heights General Obligation Street Rehabilitation Bonds Series 2007A Debt Service Fund, are
sufficient to fund the prepayment and redemption; and
WHEREAS, an interest cost savings of approximately $28,000; and reductions in bond levies for the years
2016 and 2017, can obtained by the City of Columbia Heights by the prepayment and redemption;
NOW, THEREFORE, BE IT RESOLVED that the 2015 City of Columbia Heights' budget is amended to
appropriate an interfund transfer of $236,000 from the General Fund to the General Obligation Street
Rehabilitation Bonds Series 2007A Debt Service Fund.
ORDINANCE NO 1617
(First Reading)
CABLE TELEVISION FRANCHISE ORDINANCE AMENDMENT
ORDINANCE NO 1618
(First Reading)
BEING AN ORDINANCE AMENDING CHAPTER 8, ARTICLE VII
OF THE CITY OF COLUMBIA HEIGHTS CITY CODE
ORDINANCE NO 1619
(First Reading)
BEING AN ORDINANCE AMENDING CHAPTER 9, ARTICLE I,
RELATING TO ZONING AND LAND DEVELOPMENT