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HomeMy WebLinkAbout03-23-2015 Regular MeetingCITY OF COLUMBIA HEIGHTS Mayor Gary L. Peterson 59040 1h Avenue NE, Columbia Heights, MN 55421 -3878 (763)706 -3600 TDD (763) 706 -3692 Councilmembers Visit our website at. www.c4co1umbia- heikhtsmn.us Robert A. Williams Bruce Naivrocki Donna Schmitt John Murzyn, Jr. City Manager Walter R. Felsst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday March 23, 2015 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 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) LCALL TO ORDER 2.ROLL CALL 1INVOCATION Invocation provided by Pastor Bob Lyndes, Crest View Senior Community 4.PLEDGE OF ALLEGIANCE 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.) 6,PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS 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 March 9, 2015. pg- 4 MOTION: Approve the work session minutes of March 2, 2015 pg. 14 B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Public Arts Commission minutes of 12 -02 -2014. pg. 16 MOTION: Move to accept the Public Arts Commission minutes of 02 -04- 2015. pg. 18 MOTION: Move to accept the Public Arts Commission minutes of 02 -26- 2015. pg. 21 City Council Agenda Monday March 23, 2015 Page 2 of 3 C. Approval of the attached list of rental housing licenses pg. 23 MOTION: Move to approve the items listed for rental housing license applications for March 23, 2015 in that they have met the requirements of the Property Maintenance Code. D. Adopt Resolution 2015 -23, 2015 -2016 Salary and Fringe Benefit Adjustment for Non -Union pg 29 Su ep rvisory Employees MOTION: Move to waive the reading of Resolution 2015 -23, there being ample copies available to the public. MOTION: Move to adopt Resolution 2015 -23, adopting changes in non -union group salary ranges, and establishing salaries and changes in fringe benefits for non - unionized City supervisory positions for calendar years 2015 and 2016. E. Consideration of Resolution approving a Conditional Use Permit for a Charter School at First pg. 37 Lutheran Church located at 1555 40th Ave. NE. Motion: Move to table the request to the April 13, 2015, City Council Meeting. F. Acceptance of written findings regarding Calls for Service Appeal for pro e�rty located at 723 38th Ave NE. (Materials will be provided at meeting.) G. Approve Business License Applications pg. 39 MOTION: Move to approve the items as listed on the business license agenda for March 23, 2015 as presented. H. Payment of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council pg. 41 has received the list of claims paid covering check number 155034 through 156176 in the amount of $ 612,212.53. MOTION: Move to approve the Consent Agenda items. 8. PUBLIC HEARINGS 1. Public Hearing to Consider an Application for Competitive Cable Communications Franchise pg. 49 from Owest Broadband Services, Inc. d/b /a CenturLink MOTION: Staff requests that no formal action be taken on this application at the meeting. 2. Adopt Resolution 2015 -25, 4801 Jefferson Street N.E., being a Resolution of the City Council of pg- 78 the City of Columbia Heights approving rental license revocation for failure to meet the requirements of the Property Maintenance Codes. MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -25, being ample copies available to the public. MOTION: Move to adopt Resolution Number 2015 -25, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. City Council Agenda Monday March 23, 2015 Page 3 of 3 SECOND READING of Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and Requirements. pg. $1 MOTION: Move to waive the reading there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and Requirements as written, and authorize staff to publish a summary of Ordnance No. 1620. 4. SECOND READING of Ordinance No. 1621 Medical Marijuana Manufacturing and Dispensaries Moratorium. pg. 85 MOTION: Move to waive the reading of Ordinance No. 1621, there being an ample amount of copies available to the public. MOTION: Move to approve Ordinance No. 1621 upon second reading, and authorize staff to publish a summary of Ordnance No. 1621. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the City Manager Report of the City Attorney 11. 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. 12. ADJOURNMENT t Walt Fehst, dity Man ger OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MARCH 9, 2015 THE FOLLOWING ARE THE MINUTES FOR THE REGULAR MEETING OF THE CITY COUNCIL HELD AT 7:00 PM ON MONDAY MARCH 9, 2015 IN THE CITY COUNCIL CHAMBERS, CITY HALL, 590 40TH AvENuE N.E., COLUMBIA HEIGHTS, MINNESOTA 1. CALL TO ORDER Mayor Peterson called the meeting to order at 7:04 pin. 2. ROLL CALL Present: Mayor Peterson, Councilmembers Nawrocki, Schmitt, Williams and Murzyn Jr. Also Present: Kelli Bourgeois, Acting City Manager; Jim Hoeft, City Attorney; Scott Nadeau, Police Chief; Lenny Austin, Police Captain; Loren Wickham, Assistant Community Development Director; Elizabeth Holmbeck, Associate Planner; Katie Bruno, Council Secretary 3. INVOCATION Invocation provided by Max Richter, Community United Methodist 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.) 6. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS Mayor Peterson announced that the Board of Appeal &. Equalization Meeting is scheduled for April 13"' at 6:00 PM. Mayor Peterson reported a time change in the upcoming Blue Grass Festival, it will be held from 6:00- 9:00 pm, to allow more families to attend. Councilmember Schmitt gave an update from the Public Arts Commission. A change from the February minutes was reported, noting that a grant would not be given to the Jamboree; however they will be working with the Heights Idol. Local Artists were encouraged to complete an on -line survey, which can be found on the City's website. 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 February 23, 2015. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the Park & Recreation minutes of December 17, 2014. MOTION: Move to accept the Public Arts Commission minutes of February 12, 2015. MOTION: Move to accept the Charter Commission minutes of January 15, 2015. MOTION: Move to accept the EDA minutes of January 5, 2015. MOTION: Move to accept the draft P & Z Commission minutes for March 3, 2015 meeting. Council Minutes March 9, 2015 Page 2 of 10 C. Consideration of Gambliniz Permit for Immaculate Conception Church Fun Fest. MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Board indicating that the City of Columbia Heights has no objection to a gambling permit for Immaculate Conception Church to conduct bingo and a raffle at their Fun Fest event being held August 7 -9, 2015 at 4030 Jackson St 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. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia Heights and the American Federation of State County and Municipal Employees Council No 5 Local No 495 —Technical and Clerical Employees. y *Removed for Discussion E. Adopt Resolution 2015 -23, 2015 -2016 Salary and Fringe Benefit Adjustment for Non -Union Supervisory Employs *Removed for Discussion F. Adopt Resolution 2015 -24, 2015 -2016 Salary and Fringe Benefit Adjustment for Non -Union Essential and Confidential Employees. _ *Removed for Discussion G. Authorization to Purchase Police Vehicles. *Removed for Discussion H. Consideration of Removal of Huset Park wading pool. *Removed for Discussion I. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 09, 2015, as presented. J. 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 155866 through 155033 in the amount of $1,031,659.33. Councilmember Nawrocki requested items D, E, F, G and H be removed for discussion. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to approve Consent Agenda items A, B, C, I and J. All Ayes, Motion Carried. The following items were removed for discussion: D. Resolution Approving A Collective Bargaining Agreement Between the City of Columbia Heights and the American Federation of State, County and Municipal Employees, Council No. 5 Local No. 495 — Technical and Clerical Employees. Human Resource Director /Assistant to the City Manager Kelli Bourgeois reviewed some of the contract highlights, including wage, insurance and vacation usage. Councilmember Nawrocki stated that in the past the Council had an opportunity to participate in the contract and salary discussions. Councilmember Nawrocki suggested it would be better to remove any unfilled positions from the list. Ms. Bourgeois clarified that the some of the positions are part of the contracts, and changing them would require renegotiating. Councilmember Nawrocki questioned how the proposed salaries compare to other communities. Ms. Bourgeois reported the percentage of increases has been reviewed against comparable cities, and Columbia Heights is in the middle; which is where we want to be. Ms. Bourgeois invited any of the council members to meet with her to review the comparable pay spreadsheets. Councilmember Williams questioned if there was an increase in insurance for 2015. Council Minutes March 9, 2015 Page 3 of 10 Ms. Bourgeois reported no increase in 2015, and a plan is in place for 2016. Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of Resolution 2015 -22, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution 2015 -22 regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County and Municipal Employees, Council No. 5, Local No. 495, Technical and Clerical Employees, effective January 1, 2015 to December 31, 2016 All Ayes, Motion Carried. E. Adopt Resolution 2015 -23, 2015 -2016 Salary and Fringe Benefit Adjustment for Non -Union Supervisory Employes Councilmember Murzyn Jr questioned the pay for some of the Public Works Supervisor and Superintendent positions; based on workload. Ms. Bourgeois noted that the position structure was put into place before she started, but is under the understanding that the positions meet the expected work load and level of responsibility. Councilmember Schmitt suggested the item be tabled to allow time to research the recent Public Works reorganization. Motion by Councilmember Schmitt, seconded by Councilmember Murzyn, Jr. to table the item until the March 23rd meeting. All Ayes, Motion Carried. F. Adopt Resolution 2015 -24, 2015 -2016 Salary and Fringe Benefit Adjustment for Non -Union Essential and Confidential Employes Councilmember Nawrocki questioned the title of City Clerk, suggesting it should be City Clerk/Council Secretary. Human Resource Director /Assistant to the City Manager Kelli Bourgeois explained that the Council Secretary is a duty under the City Clerk job description. Councilmember Schmitt questioned how the City Manager's compensation fits in. Ms. Bourgeois explained the City Manager's salary is addressed through a contract, and will typically follow the PMA's schedule. Motion by Councilmember Schmitt, seconded by Councilmember Williams to waive the reading of Resolution 2015 -24, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Williams to adopt Resolution 2015 -24 adopting changes in non -union group salary ranges and establishing salaries and changes infringe benefits for non - unionized essential and confidential City positions for calendar years 2015 and 2016 All Ayes, Motion Carried. G. Authorization to Purchase Police Vehicles Police Chief Scott Nadeau gave an overview of the intended purchases. Chief Nadeau reported that the 2015 budget allows for the purchases. Councilmember Schmitt questioned the excessive cost in the outfitting packaging of the vehicles. Chief Nadeau explained the cost of outfitting varies depending on the intended use of the vehicle, and this years unmarked car requires significant amenities. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to authorize the purchase of two 2015 Ford Police Interceptor Utility vehicles and one 2015 Dodge Charger unmarked vehicle Council Minutes March 9, 2015 Page 4 of 10 under the State of Minnesota bid, with funding to come from 431.42100.5150, in the amount of $78,07690 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 and unmarked police vehicles. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Murzyn, Jr. to authorize the Police Chief to expend up to $51,854.00 to set up and outfit two marked patrol cars, and one unmarked vehicle. All Ayes, Motion Carried. H. Consideration of Removal of Huset Park wading pool. Councilmember Nawrocki stated he is opposed replacing the wading pool with a splash pad. Councilmember Schmitt clarified that the agenda item is to authorize staff to remove the existing wading pool. Councilmember Nawrocki noted a recent open house presenting the splash -pad was not well attended, suggesting there may be a lack of interest. Mayor Peterson explained that on order to bring the current wading pools into compliance, and ADA accessible, it would be very costly. Motion by Councilmember Williams, seconded by Councilmember Schmitt to Authorize Staff to remove the existing wading pool at Huset Park West, based upon a recommendation by the Parks & Recreation Commission. Ayes: Councilmembers Williams, Schmitt, Murzyn, Jr. and Mayor Peterson. Nay: Councilmember Nawrocki. 4 Ayes -1 Nay, Motion Carried. 8. PUBLIC HEARINGS 1. Repeat Service call Service Fee Appeal, 723 -38`h Ave NE. Police Chief Scott Nadeau reported the council heard a previous appeal regarding this property in October 2014. Captain Lenny Austin reported that a narcotics search warrant was executed on February 5, 2015. Several pieces of drug paraphilia with residue were found at the scene. Captain Austin displayed photos taken at the scene at the time the warrant was executed. In 2015, four calls have been received; in 2014 there were 33 calls. The homeowner has twice been charged with a disorderly house violation. The police department has spent a significant amount of time working with the property. Councilmember Nawrocki stated that the residence looks like a mess in the photos. Nawrocki asked if there have many any convictions related to the case. Austin reported that charges are pending. City Attorney Jim Hoeft clarified the ordinance addresses calls for service, irrelevant to criminal convictions. Holly Reinke (Property Owner) -3731 Quincy St NE stated she is disputing the calls for service fee. Ms. Reinke explained she wasn't notified of the prior nuisance calls. Reinke noted that there have not been any charges filed yet in the case. City Attorney Hoeft reported the prior three incidents were already addressed by the council, and tonights agenda item is addressing the fourth incident (February 5, 2015.) Councilmember Nawrocki asked if any steps have been taken to clean up the property. Ms. Reinke stated that the police are frequently watching the house, and talking to visitors. Ms. Reinke stated that the pictures were taken after the search warrant was executed, and the disarray was caused by law enforcement. Jim Hoeft explained the pictures were taken by the drug task force when they entered the property. Council Minutes March 9, 2015 Page 5of10 Councilmember Murzyn Jr reported some of the residents in the area are fearful of the residents of the house. Mr. Hoeft summarized that the council is reviewing a 4t" violation for calls for service within 365 days (Section 8.803 subdivision 3). Motion by Councilmember Schmitt, seconded by Councilmember Williams to uphold the $1,971.07 Nuisance call. for Service Fee imposed on Holly Reinke, owner of 723 -3e Ave NE. All Ayes, Motion Carried. 2. Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and Requirements. Assistant Director of Community Development Loren Wickham reported staff brought this issue to the Council Workshop in January for feedback. Based on that feedback and research staff has prepared an ordinance amendment to add the following licenses: • On -Sale brewer /taproom,(nothing in this provision would preclude them from operating a restaurant commonly referred to as a Brewpub) • Off -sale brewer /taproom, (allows brewers to sell their beer off -sale to the public in growlers) Councilmember Schmitt questioned how a tap -room membership fits into the ordinance. City Attorney Jim Hoeft explained that our ordinance would not address that; the state would regulate any cooperative memberships. Councilmember Schmitt questioned who regulates location. Mr. Hoeft confirmed that the City would address location through our zoning code. Motion by Councilmember Schmitt, seconded by CouncilmemberNawrocki to waive the reading there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Schmitt, seconded by Councilmember Nawrocki to approve the ordinance upon first reading and set the second reading for Monday March 23, 2015 at approximately 7: 00 pm in the City Council Chambers. All Ayes, Motion Carried. 3. Consideration of Ordinance No. 1621 Medical Marijuana Manufacturing and Dispensaries Moratorium. Assistant Director of Community Development Loren Wickham reported that the State has legalized certain types of medicinal marijuana, effective July 15, 2015. Because medical marijuana manufacturing and distribution is a new land use in Minnesota, it is necessary for the City to study the use and determine proper zoning and land use controls. This proposed moratorium, will allow staff time to study the use and make a recommendation for an amendment to City Code to regulate it. Councilmember Schmitt reported that many other cities have passed similar moratoriums. Schmitt stated that she feels it is important to take the necessary time to achieve the best outcome. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Ordinance No. 1621, there being an ample amount of copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to approve Ordinance No. 1621 upon first reading and set the second reading for Monday, March 23, 2015 at approximately 7 pm in the City Council Chambers. All Ayes, Motion Carried. Council Minutes March 9, 2015 Page 6 of 10 4. Resolution Approving a Conditional Use Permit for Seasonal Outdoor Sales at Frattallone's Ace Hardware located at 4340 Central Avenue NE. Associate Planner Elizabeth Holmbeck explained the Conditional Use Permit would allow for outdoor garden sales in the parking lot. In the past the applicant has applied for an interim use permit. Holmbeck noted that a Conditional Use Permit will remain with the property, without the need to re- apply. The Planning & Zoning Commission approved the request at their March 3, 2015 meeting. Councilmember Nawrocki indicated that he is not in favor of the permanency of the C.U.P. noting that future businesses may require more parking lot space. Councilmember Schmitt asked if there are any time restraints for the outdoor sales. Holmbeck responded that the C.U.P. does not have a condition limiting time, as long as they maintain the structure they will be in compliance. Leslie DeLisi, representing Ace Hardware commented that the structures are not installed until April, and come down mid - summer. Also noted was fall and winter outdoor sales do not have a structure. Councilmember Schmitt asked if the C.U.P. can be revoked. City Attorney Jim Hoeft responded that if any condition is violated the council has the ability to terminate the C.U.P. Motion by Councilmember Williams, seconded by Councilmember Schmitt to waive the reading of Resolution No. 2015 -20, there being ample copies available to the public. All Ayes, Motion Carried. Motion by Councilmember Williams, seconded by Councilmember Schmitt to accept the Recommendation of the Planning and Zoning Commission to approve the Conditional Use Permit for the property located at 4340 Central Avenue NE. Ayes: Councilmembers Williams, Schmitt, Murzyn, Jr. and Mayor Peterson. Nay: Councilmember Nawrocki. 4 Ayes -1 Nay, Motion Carried. 5. Resolution approving a Conditional Use Permit for a Charter School at First Lutheran Church located at 1555 40th Avenue NE. The applicant has requested more time; the item is tabled until March 23, 2015. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1 Payment to Sister Cities Committee for Police Host Appreciation Dinner. Human Resource Director /Assistant to the City Manager Kelli Bourgeois reported on the request from the Sister Cities Committee. Motion by Councilmember Nawrocki, seconded by Councilmember Williams to pay $500.00 towards a Police Host Appreciation Dinner for the Commandant, Police Officers, Hosts and selected Elected Officials in Lomianki, Poland. All Ayes, Motion Carried. B. Bid Considerations C. New Business and Reports 10. ADMINISTRATIVE REPORTS Report of the Acting City Manager Councilmember Nawrocki reported on a letter he received regarding a traffic concern at the intersection of 42nd and 7th St. It was reported the traffic commission reviewed the request and determined that a stop sign at that location was not warranted. Council Minutes March 9, 2015 Page 7of10 Motion by Councilmember Nawrocki, seconded by Councilmember Murzyn, Jr to request the Traffic Commission to reconsider the stop sign on 42nd and 7th, and the resident is notified of the meeting. All Ayes, Motion Carried. Councilmember Nawrocki noted that he had requested something be included in the newsletter regarding the City's portion of the property tax increase, and it was not. Nawrocki indicated that the loss of state aid impact and the increase in property valuation should have been addressed. Councilmember Nawrocki requested the council receive Board & Commission minutes sooner, as it is helpful to have the information. Councilmember Nawrocki went to the library on March 4th, requesting meeting materials for the meeting that evening. The materials were still being assembled; he was unable to get the requested material. Human Resource Director /Assistant to the City Manager Kelli Bourgeois distributed the 2014 Annual Report to the council, noting it would be available at the library as well as the City's website. Bourgeois announced there are 2 vacancies on the Planning & Zoning Commission, 1 vacancy on the Park & Recreation Commission, 2 vacancies on the Library Board, and 1 vacancy on the Traffic Commission. Many of these vacancies are a result to expiring terms, and many commissioners have re- applied. Report of the City Attorney Nothing to report. 11. CITIZENS FORUM Connie Buesgens -102144 1h Ave NE stated she likes the new organics recycling program, and would like to suggest the City offer compact compost bins at a reasonable cost. Ms. Buesgens also recommended the council consider using Twitter to keep the public informed of City events. Frost Simula -1700 49th Ave NE spoke to the council regarding predatory remodelers/ fraudulent home flipping practices. Mr. Simula was an unfortunate victim, as he learned his recently purchased house was renovated by unlicensed contractors. Estimates to bring the house up to code are estimated at $100,000. Mr. Simula requested the council consider ordinance amendments that address this issue, he distributed a copy of his suggestions to the council. Mayor Peterson agreed that safeguards should be established. Councilmember Schmitt asked if he has contacted Representative Carolyn Laine in regards to this, and what he will request of her. Mr. Simula would like to see the state go after unlicensed contractors, in a similar way as they do with licensed contractors. Mayor Peterson encouraged residents to call the City if they notice construction occurring without a building permit posted. Human Resource Director /Assistant to the City Manager Kelli Bourgeois stated she will have Community Development Director Joe Hogeboom contact Mr. Simula. Malcom Watson -1717 49th Ave NE suggested Mr. Simula attends the Board of Appeals & Equalization meeting in April. Mr. Watson announced the American Legion's annual St. Patrick's Day celebration will be March 17th 10 Council Minutes March 9, 2015 Page 8 of 10 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 9:47 p.m. Respectively Submitted Katie Bruno, City Clerk/Council Secretary RESOLUTION NO 2015 -20 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SEASONAL OUTDOOR SALES AT FRATTALLONE'S ACE HARDWARE -4340 CENTRAL AVE. NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0301) has been submitted by Leslie DeLisi, representing Frattallone's Ace Hardware to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4340 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for seasonal outdoor sales. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 3rd, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 11 Council Minutes March 9, 2015 Page 9of10 The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The nature of the use associated with this facility shall be limited to seasonal sales. 2. Outdoor agricultural/produce sales located within the public right -of -way are prohibited. 3. Outdoor storage and display under the canopy along the building storefront is prohibited. 4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 5. Music or amplified sounds shall not be audible from adjacent residential properties. 6. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty -two (32) square feet per sign. 7. The outdoor storage shall be located as indicated on the site plan 8. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. RESOLUTION NO 2015 -22 A RESOLUTION APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF COLUMBIA HEIGHTS AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL NO. 5, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County and Municipal Employees, Council No. 5, Local No. 495, representing clerical and technical employees 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 206 for AFSCME, Council No. 5, Local No. 495, 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. 12 Council Minutes March 9, 2015 Page 10 of 10 RESOLUTION NO 2015 -24 ADOPTING CHANGES IN NON -UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non - unionized essential and confidential employees to compare what is provided to other employee groups in the City. NOW THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non - unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and is attached, for calendar years 2015 and 2016; and that movement through the salary range is contingent upon satisfactory performance of the employee. 13 Meeting of: COLUMBIA HEIGHTS CITY COUNCIL Date of Meeting: March 2, 2015 Time of Meeting: 7:00 PM- Following the EDA Meeting Location of Meeting: CONFERENCE ROOM 1 Purpose of Meeting: WORK SESSION CALL TO ORDER/ROLL CALL The meeting was called to order at 9:00 PM Present: Mayor Peterson, Council Member Nawrocki, Council Member Schmitt, Council Member Williams, Council Member Murzyn Jr, City Manager Walt Fehst, Public Works Director Kevin Hansen, Library Director Renee Dougherty, and City Clerk/Council Secretary Katie Bruno Discussion regarding City CIP — Buildings Director of Public Works Kevin Hansen gave an overview of a five year Capital Improvement Plan for City Hall. Hansen reported that studies and analysis were completed with both Horowitz NSI (HVAC vendor) and Delco (Roofing Contractor.) Hansen went through the various items at City Hall that will require repair and replacement over the next five years. Additionally City Hall has both asbestos and lead abatement to be completed. The projected cost to address the issues is approximately $640,000. Councilmember Williams asked if an efficiency study has been done. Hansen stated we have not, but certainly could do so, it was noted that any improvements made, we try to maintain 90% efficiency. The funding source for the proposed projects would come from Fund 411, which currently has a balance of about $1,000,000. The council discussed the effectiveness of spending $640,000 to maintain an underutilized aging building. Discussion regarding City Library site plan Director of Public Works Kevin Hansen reported there was a meeting on February 28th with the Architect and some of the LDTF members. Three site plans were presented to the council; the third rendering was favored by the task force. Library Design Task Force Chairperson Catherine Vesley commented that option #3 provides for a multi - purpose component. Councilmember Nawrocki expressed concern, noting that only three of the task force members were present at the meeting with the architects. Director Hansen noted that he spoke with the other task force members, and received their input as well. Councilmember Nawrocki commented that he would have preferred to have had the meeting materials available in advance. Director Hansen suggested the schedule a worksession for a presentation from the architect on March 23rd, prior to the council meeting, with the plan to hold a Public Open House on March 26th. Councilmember Nawrocki suggested the public have the opportunity to review the three site plans, noting that her prefers option #1, for accessibility reasons, as well as the location of the parking lot. Director Hansen noted that typically businesses prefer to be street - front; with parking in the rear. 14 Director Hansen indicated that in order to remain on schedule, they will need to start soil borings. Mayor Peterson and Manager Fehst stated that the Public Meetings will provide an opportunity for the public to participate. Chairperson Catherine Vesley commented that construction costs continue to rise, and delaying the project would likely result in greater costs. Mayor Peterson stated site #3 solves many issues, and is the best option to meet the budget. Councilmember Schmitt expressed concern with the marketability of the site behind the library, although her preference is design site #3. Director Hansen reported that developers were consulted, and it is their option that the rear site is not desirable for businesses, as they would prefer street front. The site could better be suited for residential or other uses. Councilmember Schmitt stated that we would need to be sure the vacant lot is maintained. Director Hansen reported a Public Meeting is tentatively scheduled for March 26th , the location has yet to be determined. Library Director Renee Dougherty commented that she prefers site #3, as it "opens up" the library, making it welcoming. Dougherty's only concern is the details regarding the book return. Meeting Adjourned at 10:14 PM Respectively Submitted, Katie Bruno, City Clerk/Council Secretary 15 PUBLIC ARTS COMMISSION /HEIGHTEN THE ARTS MINUTES OF THE JOINT WORK SESSION SENIOR CENTER, MURZYN HALL December 2, 2014 4:30 PM The joint work session with Heighten the Arts was called to order at 4:30 PM by Diane Scully. Commission Members present - Carrie Magnuson, Rita Nau, Gretchen Nelson, Keith Roberts, Erin Rominger, and Advisor Liz Bray Commission Members absent - Catherine Vesley New Business A. History of Heighten the Arts and their Five -Year Plan • Heighten the Arts (HTA) focuses on school curriculum for the arts (visual and media) • Diane Scully talked about the HTA's Five -Year Plan • Diane discussed the Latino Festival, which was held in the fall of 2013. Yvonne Padilla coordinated the event. The HTA committee would like to do something like this in the future. • HTA members added input about the committee's overall goals • There was also discussion about May 2014's Student Art Showcase at Silverwood Park. B. Addressing HTA's Questions • Keith talked about how the Public Arts Commission came to be. • Keith also answered questions about our current endeavor (the Logo Contest) and our ideas for the future —a directory of local artists and an art festival • Rita updated HTA on the status of a PAC webpage • Erin spoke about future art grants • Diane requested the Public Arts Commission's January minutes C. Joint Endeavors • The Public Arts Commission and Heighten the Arts discussed collaborating on future events and endeavors, such as: 1. HTA's 2015 Student Art Showcase at Silverwood Park 2. Directory of Local Artists 3. Banfill -Locke for the Arts event (late September) 4. An Art Festival reminiscent of Art -A -Whirl in Northeast Minneapolis or the Latino Festival — possibly held in the fall 16 There was an emphasis that the two groups want to bring people together through the arts. D. Meeting Dates • There was discussion about meeting twice a year (or more if needed) • The Public Arts Commission and Heighten the Arts agreed to meet again on Tuesday, May 5, 2015 (at Silverwood Park) to discuss the May Student Art Showcase. Keith will check with the city to see if we can meet outside of city limits. The work session was adjourned at 6:15 PM. Respectfully submitted, Carrie Magnuson 17 PUBLIC ARTS COMMISSION MINUTES OF THE MEETING KEYES ROOM, MURZYN HALL February 4, 2015 6:30 PM 1. Call to Order at 6:33 pm, February 4, 2015, by Acting Chair Rita Nau a. Commission members present: Rita Nau, Carrie Magnuson, Jen Tuder, Gretchen Nelson (electronically), and Erin Rominger (electronically), b. Guests: Columbia Heights City Council Member Donna Schmitt 2. Motion to approve January 6, 2015 meeting minutes (motion -Erin; second -Jen; passed) 3. Old Business: a. Facebook account / website: i. We continued our discussion about an online presence. We were told to check with the city attorney via Katie Bruno about setting up a Facebook account and website. ii. Rita agreed to contact Katie Bruno and obtain more information for us. iii. We discussed possible email addresses including "CHPAC @" "HeightsArts @" "Co1HtsArts @ ". Nothing was decided at this time. b. Directory of Area Artists i. Using the submission form questions we generated in the January 6 meeting, we talked about setting up a free Survey Monkey survey. ii. Erin agreed to set up the necessary email account. iii. Gretchen agreed to set up the Survey Monkey survey. c. Grant updates i. We continued discussing the Minnesota Regional Arts Board Arts Activities Grant (April 6, 2015, deadline). We are planning to use these funds to host some sort of workshop at the Heights Jamboree. This grant is a 2:1 matching funds grant for up to $10,000. ii. Erin is checking on eligibility for use of funds, since the grant award notification is June 16, and the Jamboree is June 24 -28. iii. In the Heart of the Beast Puppet Theatre performed in the 2014 Jamboree. We discussed asking them if they could run a mask workshop in conjunction with a possible appearance at the 2015 Jamboree. 18 iv. Motion to schedule MRAB Arts Activities Grant Work Sessions (motion - Jen; second - Carrie; passed) a. Work sessions will be each Thursday at 5:30, starting February 12, until grant work is completed. b. Rita agreed to host the first work session at her home. c. We discussed how to get the necessary agreement for matching funds to from the city. Councilor Schmitt advised us to discuss our ideas with the City Manager and City Attorney and come up with a concrete proposal we can present to the city at the 7:00 pm, March 2, city work session. d. A timeline was discussed in consultation with Councilor Schmitt: i. A proposal would need to be in the City Manager's office by February 26, in order to get on the March 2 work session's agenda. ii. Jen and Rita will be present at the March 2 work session to present the proposal and answer questions from the council. iii. Other commission members will be present at the March 9 city council meeting where the proposal would be formally voted upon. iv. It's possible that we would need to go to subsequent meetings, if the council cannot get to this agenda item. d. 2015 Commission goals i. We continued our discussion about setting commission goals. ii. Rita distributed a proposal (see attachment) iii. Jen distributed goals from the St. Cloud Arts Commission. She discussed making Columbia Heights a community welcoming to artists. iv. Gretchen discussed several ideas, including planning for accepting donated works, possibly using the old library space (once vacated) as an arts center with studio and gallery space, classrooms, and internships for art students. Gretchen also mentioned putting our new logo on bookmarks with information about the commission. These could be distributed to library patrons. V. Erin discussed making a "big public art splash" in some way. She talked about the Mankato signal boxes art project as an example. vi. It was agreed that we need to push back this discussion until after the Jamboree. vii. Commission goals should be on the agenda for July. 19 It was mentioned that Liz Bray wanted the commission to know that on March 11 there would be a bluegrass festival and wine /beer sampling. It was decided that the date was too soon for the commission to plan anything. e. Heights Happenings spring issue i. The request for the arts directory will be in the spring issue. 4. New Business: a. Formal document for meeting rules and procedures L Jen mentioned a policies and procedures manual she found online from the Hutchinson Arts Commission. She will send a link to council members. ii. It was mentioned that we need to establish procedures for electronic attendance. b. Vote - Vice Chair i. Given Keith Roberts resignation from the commission, a chair, vice chair, and secretary all needed to be established. ii. Gretchen Nelson was voted in as Chair; Jen Tuder as Vice Chair; and Carrie Magnuson as Secretary. iii. These terms will be for 12 months, from January to January. iv. Motion to approve candidates and term (motion -Rita; second -Erin; passed) V. Rita will contact the city to update the website with new Arts Commission officers. c. Grants - schedule work sessions? see above d. Meeting with Heighten the Arts (May 5, 2015) i. Carrie will contact Liz Bray about the meeting and contest. e. Logo Contest i. Carrie will contact Keith Roberts about getting the Logo Contest entrants' original designs. 5. Adjourned at 7:55 pm by acclaim. Respectfully submitted, Jennifer Tuder 20 PUBLIC ARTS COMMISSION MRAC GRANT WORK SESSION MINUTES MATHAIRE /MCKENNA ROOM, MURZYN HALL Thursday, February 26, 2015 6:30 PM The work session was called to order at 6:28 PM by Chair Gretchen Nelson. Commission Members present - Carrie Magnuson, Gretchen Nelson, Erin Rominger (electronically), Jennifer Tuder Commission Members absent - Rita Nau Guests - Advisor Liz Bray and Columbia Heights City Council Liaison Donna Schmitt Motion by Jen, seconded by Erin, to approve the minutes from the February 12, 2015 work session. All ayes. MOTION PASSED. Old Business 1. 2015 Jamboree • Liz Bray updated the PAC about family - friendly events held at the Jamboree in previous years. Some events included: A. Rock Climbing Wall B. Fishing Clinic C. Heights Idol (8th or 9th year) D. Bike Giveaway for needy kids E. In the Heart of the Beast puppet show • Liz said the Jamboree will host the Rock Climbing Wall and Heights Idol (Saturday, 6:00 PM) again this year. 2. Murzyn Hall Events during Jamboree • Liz said that Murzyn Hall is usually closed during the five -day event. 3. In the Heart of the Beast • Jen contacted In the Heart of the Beast and learned that they weren't scheduled to perform at this summer's Jamboree. Liz said she had a bad experience with ITHOTB last year —they were 90 minutes late. Liz told the Commission about the youth - performing Puppet Wagon that tours Columbia Heights city parks in the summer. 4. MRAC Arts Activity Grant • Since In the Heart of the Beast will not be performing at the Jamboree, the Commission decided not to go forward with applying for the MRAC Arts Activity Grant. Jen will update Rita about the Commission's decision. Also, Jen will contact Katie Bruno to let her know the Commission will not be present at the City Council's work session on Monday, March 2, 2015. 21 • Erin mentioned applying for a different art grant in the fall; this would be to match funds for an unspecified activity at next year's Jamboree. New Business 1. Arts Activity Event at Jamboree • This was taken off the Agenda since the Commission is not applying for the MRAC grant. 2. Project Title • This was taken off the Agenda since the Commission is not applying for the MRAC grant. 3. 2015 Jamboree • Because the MRAC grant was taken off the Agenda, the Commission talked about collaborating with the CH Park and Recreation Department in another aspect during this year's Jamboree. Liz mentioned some possibilities, including: A. A PAC presence in the Jamboree parade B. Bringing in an artistic judge for Heights Idol C. Heights Royalty 4. Future Endeavors • Liz talked about having a mural in Columbia Heights, possibly on one side of the Heights Theater building (facing south). The Commission could help the City with this endeavor. More discussion to follow at future meetings. • The Commission talked about the old library site and what could be done with it once the new library has been built. There was a short discussion about having an arts center at the location. Donna suggested the PAC come up with some plan proposals and present them to the City Council members at a future Council meeting, preferably within the next six months. The work session was adjourned at 7:20 PM. Respectfully submitted, Carrie Magnuson 22 CITY COUNCIL LETTER Meeting of March 23, 2015 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY. Fire MANAGER NO: 7C APPROVAL ITEM: Rental Housing BY: Gary Gorman B Licenses NO: DATE: March 17, 2015 DATE:> 7ov/ Approval of attached list of rental housing applications. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for March 23, 2015 in that they have met the requirements of the Property Maintenance Code. COUNCIL ACTION: 23 r I COLUMBIA HEIGHTS City Council 2015 list of Rental8ic to Approve by � � �� N� �� �� �� � �� �� �� � U� �� � � J� � �� �� � �� �� � �� �� 8� � 825 41st Avenue ws° Columbia Heights, Mwss42z° Inspections n5»-70§fusac Fax 7aa-7O6-8zs1"8neinspectiona@ci.00lumb/a'heights.mn.ua 10011 SO4S 4TH GT VViger, David F23875 9O2 Rice Creek Terrace $150.00 __________________________________________________ Fridley, MN55432 10015 3953 JACKSON ST Tappa,Jorie F14053 216O2SE Alder St $150.00 ______________ --- --- Portland, 0R872I6 ______--- 20027 ]854 TYLER ST _______________________ Daniel & Linda Yesne» F14029 14114 Canary Ln $150D0 __________________________________________________ Minnetonka, k4N55345 10040'KY S38HUSETPKWY Hippert, Scott F14058 931 Abbeville Dr. $150.00 __________________ St. Louis, K4O6313O ______________________________ 10077 4430 ARTHUR 3T Huss, Michael FI4034 12lIOth AVE S $150.00 ________________________________________________---- New Brighton, MN55112 10116 4425 WASHINGTON ST Kaiser, Tom F14007 5229 Knox Ave. N. $150.00 __________________________________________________ Minneapolis, K4N5S43O I0132 44O9 ARTHUR 3T Picotte,Kona|d F14047 3g3l17Znd Lane NVV $150.00 _________________________________________ Andover, k4N553O4 10142 2O1245THAVE Moden, Tanya ________ F14061 55O925th Avenue S $150.00 Minneapolis, MNS54O7 10197 7l251STAVE |H2 Property Illinois LP F14087H 127U Eagan Industrial Road #160 $150.00 _________________________________________________ Eagan, K4NS5121 10212 4]46 JACKSON ST |H2 Property Illinois, LIP F14087F l270 Eagan Industrial Rd #160 $150.00 ___ ______________________________________________ Eagan, MN55121 10218 17l7 INNSBRUCK PKWY Jacobus, Dan F14046 ZO6O Chatsworth Ct. $250.00 ______________________________ Roseville, K4NSS1l3 10334 444S 2ND IT ___________________ Knch,Ken F14032 234O7 Painter Ave $150.00 _________ --- ________________ Port Charlotte, FL539S4 03172015 11:09 --- _______ ----- __________ z^ Page 1 List of Rental Lic to Approve by COLUMBIA HEIG HTS City Council 2015 FIRE DEPARTMENT X EPHOTI® DZ%#11810 825 41st Avenue NE Q Columbia Heights, MN 55421 p Inspections 763- 706 -8156 v Fax 763 -706 -8151 c fireinspections @ci.columbia -h eights.mn.us 10239 4453 MADISON ST Voigt, Ashley F14025 11611 Nix Court Unit A $ 150.00 Anchorage, AK 99515 10246 4513 5TH ST Phillips, Branden F14021 3421 Scott Ave N $ 150.00 Golden Valley, MN 55244 10247 4948 4TH ST IH2 Property Illinois, LP F14087E 1270 Eagan Industrial Rd #160 $ 150.00 Eagan, MN 55121 10289 4171 3RD ST Smith, Terra F14037 4116 Sunset Trail North $ 150.00 Brooklyn Park, MN 55443 10305 3713 TYLER ST Parks, Brian F14076 8620 Annapolis Lane N. $ 150.00 Maple Grove, MN 55369 10353 620 51ST AVE Brannon, Dorothy F14023 1622 Innsbruck Parkway W. $ 150.00 Columbia Heights, MN 55421 10356 1260 46TH AVE Atomssa, Buia F13874 8589 Dunkirk Court NE $ 150.00 Blaine, MN 55449 10363 3815 2 1/2 ST Al Saadon, Muna F14078 8931 Farnsworth Avenue N. $ 150.00 Brooklyn Park, MN 55443 10367 4040 MADISON ST Gammada, Urgessa F14070 1730 HOLLYWOOD AVE NE $ 150.00 Minneapolis, MN 55418 10379 825 49 1/2 AVE I1-15 Property Minnesota LP F14056 1270 Eagan Industrial Rd #160 $ 150.00 --------------------------------------------------- Eagan, MN 55121 10399 4157 2ND ST Scott, Steven F14036 7544 Alden Way N.E. $ 150.00 Fridley, MN 55432 10402 4220 VAN BUREN ST Stachowski Rental, LLC F14002 11541 Alder Street NW $ 150.00 ----------------------------------------------------- Coon Rapids, MN 55448 03/17/2015 11:09 25 Page 2 List of Rental Lic to Approve by COLUMBIA HEIGHTS City Council 2015 FIRE DEPARTMENT 825 41st Avenue NE a Columbia Heights, MN 55421 * Inspections 763 -706 -8156 - Fax 763 - 706 -8151 • fireinspections @ci.columbia- heights.mn.us 10407 4021 5TH ST Coleman, Tim F14003 20188 Fern Glen Blvd N $ 150.00 Forest Lake, MN 55025 10410 3941 RESERVOIR BLVD 4800 C Heights LLC F14004 10409 Indiana Ave N $ 150.00 Brooklyn Park, MN 55443 10411 4312 2ND ST RTO Investments, LLC F14022 6005 Wayzata Blvd #100 $ 150.00 St Louis Park, MN 55416 10413 4039 4TH ST Niemi, Tim F14079 7541 West Broadway Ave $ 150.00 Forest Lake, MN 55025 10416 4035 CLEVELAND ST Vann, Mary F14030 1101 McKusick Rd Lane N $ 150.00 Stillwater, MN 55082 10423 4530 STINSON BLVD IH2 Property Illinois, LP F14087D 1270 Eagan Industrial Rd #160 $ 150.00 Eagan, MN 55121 10426 4623 HEIGHTS DR IH2 Property Illinois, LP F14087C 1270 Eagan Industrial Road #160 $ 150.00 Eagan, MN 55121 10428 5239 4TH ST IH3 Property Minnesota, LP F14085 1270 Eagan Industrial Rd #160 $ 150.00 Eagan, MN 55121 10430 505 MILL ST lasis V, LLC F14080 1241 Osceola Avenue $ 150.00 St Paul, MN 55105 10435 3940 3RD ST IH2 Property Illinois, LP F14087 1270 Eagan Industrial Rd #160 $ 150.00 Eagan, MN 55121 12016 4700 JEFFERSON ST Nixon, Jean F14073 4700 Jefferson Street $ 150.00 Columbia Heights, MN 55421 12074 3830 3RD ST Sule, Titilope F14057 3832 3RD ST NE $ 150.00 Columbia Heights, MN 55421 03/17/2015 11:09 26 Page 3 List of Rental Lic to Approve by COLUMBIA H EIGHTS City Council 2015 FIRE DEPARTMENT Imspiffarlam DKIVI$NICI 825 41st Avenue NE e Columbia Heights, MN 55421 o Inspections 763 - 706 -8156 & Fax 763- 706 -8151 - fireinspections @ci.columbia- heights.mn.us 12108 4660 TAYLOR ST Salchow, Cheryl F14031 4662 Taylor Street NE $ 150.00 Columbia Heights, MN 55421 20004 1218 CIRCLE TER BLVD Cox, Christy F14075 1836 Main Street $ 150.00 Elk River, MN 55330 20011 4023 6TH ST Rivertown #2 LLC F14065 355 W Chino Canyon Rd $ 150.00 Palm Springs, CA 92262 20022 4610 WASHINGTON ST Wieman, Bret F14083 251 17th Avenue SW $ 150.00 New Brighton, MN 55112 20054 5216 WASHINGTON ST Olin, Richard F14052 10682 Washington Blvd. NE $ 150.00 Blaine, MN 55434 20113 3746 3RD ST Vagts, Wayne F14039 1055 Magnolia Ln N $ 150.00 Plymouth, MN 55441 20130 5128 WASHINGTON ST Chamberlain Capital, LLC F14042 PO Box S82 $ 150.00 Hopkins, MN 55343 20148 4512 WASHINGTON ST Clark, Harold F14040 562 38th Avenue NE $ 150.00 Columbia Heights, MN 55421 20159 4622 7TH ST Gebhardt, Rick F14054 2320 16th Terrace NW $ 150.00 New Brighton, MN 55112 20183 5228 WASHINGTON ST Peterson, Darwin F14027 2323 145th Lane NE $ 150.00 Ham Lake, MN 55304 20202 4600 JOHNSON ST Johnson St. Rentals F14006 4728 Debra Ct. $ 150.00 Shoreview, MN 55126 30002 3754 3RD ST Brown, Penelope F14026 4819 Azelia Avenue N. Apt #11 $ 211.00 Brooklyn Center, MN 55429 03/17/2015 11:09 Page 4 list of Rental lic to Approve by HEIGHTS COLUMBIA City Council 2015 FIRE DEPARTMENT EMS .POTHOW DIVisla 825 41st Avenue NE ® Columbia Heights, MN 55421 q Inspections 763-706-8156o Fax 763 - 706 -8151 a fireinspections @ci.columbia- heights.mn.us 30026 3969 5TH ST Frlj, Nedim F14055 8401 Center Drive NE $ 248.00 Spring Lake Park, MN 55432 30059 4347 TYLER PL Chies, Nancy F14044 ` 1530 Rice Creek Road $ 160.00 Fridley, MN 55432 30072 3915 LOOKOUT PL Dang, Danny F14048 P.O. Box 10565 $ 248.00 White Bear Lake, MN 55110 30110 538 SUMMIT ST Burmeister, Todd — — — — F13873 — — — — — — - 1225 LaSalle Ave #1702 $ 188.00 Minneapolis, MN 55403 Total # of Licenses: 52 28 03/17/2015 11:09 Page 5 CITY COUNCIL LETTER Meeting of: March 23, 2015 AGENDA SECTION: CONSENT 7D ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: ADOPTING 2015 -2016 SALARY & FRINGE BY: KELLI J. BOURGEOIS BY: BENEFIT ADJUSTMENT FOR NON -UNION SUPERVISORY EMPLOYEES DATE: DATE: NO: At the March 9th meeting the City Council tabled action on annual wage adjustments and benefits for non -union supervisory positions due to a question regarding the Public Works Superintendent wage scale. Staff would like to clarify that the positions and wages listed in the resolution are positions and wages that have been established and approved by the City Manager and City Council previously and independently from this salary and fringe benefit adjustment resolution. Resolution 2015 -23 only provides for cost of living wage adjustments and changes to benefits that are already in effect. Changing the level of staffing or wage scales for specific positions, are functions of personnel actions taken directly by the City Manager, and annual budget actions taken by the City Council. That being said, staff researched how and why the Public Works Superintendent position was split into two positions in 2014_ Prior to 2014 there was one Superintendent in the Public Works Department who oversaw utilities, streets, and parks and reported directly to the Public Works Director. In 2014 the one full time position was split into two full time positions due to work load and functionality within the Public Works Department. The new positions provided for one superintendent who oversees utilities and one position who oversees streets and parks. Both positions report directly to the Public Works Director. The level of responsibility and work tasks were not reduced and therefore the wage scale did not change, it just now applied to two positions instead of one. The City Council approved the initial change to two positions with the 2014 budget and confirmed this organizational structure with adoption of the 2015 budget (see attached organizational charts from the 2014 and 2015 adopted budgets). Creating the new position, determining the position wage range, and ultimately filling the position are personnel actions that fall under the authority of the City Manager, while budgeting for the positions fall under the authority of the City Council. In reviewing the organizational structures in other municipal Public Works Departments it was noted that having more than one Superintendent in an organization is not uncommon for metro municipalities. It was also noted that the pay ranges of the Columbia Heights' Superintendent positions falls well below the mid -range of the salary scale for metro communities reporting on the League's salary survey. I hope this helps clarify the history of these positions. If City Council has any additional questions regarding these positions, it would be appropriate to have those discussions during the work sessions setting the 2016 budget. Staff would appreciate the City Council taking action on the non -union supervisory group wage adjustments and fringe benefits as originally presented on March 9th and listed below: Wages: 2015: 2.259. adjustment over 2014, effective January 1, 2015 2016: 2.5% adjustment over 2015, effective January 1, 2016 29 Insurance: $865 per month City contribution to premiums for 2015 and 2016 (no change from 2014). 2016: $30 per month City contribution into a city designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. Deferred Compensation: As a form of additional compensation, the City will contribute $1 per full -time employee toward a city- sponsored deferred compensation program for every $1 contributed by such employee toward such city- sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar years 2015 and 2016. (2014= $425) Attached is a resolution which would adopt and establish the changes. Also attached is a copy of the wage schedules and benefit changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2015 -23, adopting changes in non -union group salary ranges, and establishing salaries and changes in fringe benefits for non - unionized city supervisory positions for calendar years 2015 and 2016. COUNCIL ACTION: 30 RESOLUTION 2015 -23 ADOPTING CHANGES IN NON -UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON - UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non - Unionized City Employees effective January 1, 1980 (Resolution 80 -47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges, and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88 -50), to assure comparable compensation for positions with comparable skills, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs and other benefits for its non - unionized supervisory employees to compare what is provided to other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes salary ranges and fringe benefits for non- unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached, for calendar years 2015 and 2016; and that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 23rd day of March, 2015. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Katie Bruno Council Secretary, City Clerk 31 PUBLIC WORKS City of Columbia Heights 2013 137 Asst. City Engineer PUBLIC WORKS City of Columbia Heights 2074 PW Director /City Engineer Street & Park I I utility Supervisor Supervisor Foreman Foreman (2) 11 (1) Secretary II -A Facility Vehicle Administrative Maintenance Maintenance Assistant Supervisor I I Supervisor Eng Eng Custodian I Custodian II Maint.11l Purchasing/ Tech Tech Maintenance Maintenance {PT} (PT) Maint.11! godyman/ Assessing IV (2) ill Worker (10) Worker (6) (3) (1) Mechanic painter Clerk (PT) 33 133 2015 Monthly Salary Schedule Effective January 1, 2015 2.25% Entry 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR IS TECHNICIAN ASSOCIATE PLANNER POLICE IS SPECIALIST ASSISTANT LIQUOR MANAGER OFFICE SUPERVISOR - POLICE FACILITIES MAINTENANCE SUPERVISOR ACCOUNTING COORDINATOR ADMINISTRATIVE ASST -PUB WORKS SENIOR CITIZENS COORDINATOR ASSISTANT IS DIRECTOR CHILDREN'S LIBRARIAN ADULT SERVICES LIBRARIAN STORE MANAGER ACCOUNTANT VEHICLE MAINTENANCE SUPERVISOR BUILDING OFFICIAL PLANNER PUBLIC WORKS SUPERINTENDENT- UTILITIES PUBLIC WORKS SUPERINTENDENT- STREETS /PKS ASSISTANT CITY ENGINEER ASSISTANT COMMUNITY DEV DIRECTOR ASSISTANT FINANCE DIRECTOR RECREATION DIRECTOR IS DIRECTOR LIQUOR OPERATIONS MANAGER $2,871 $2,968 $3,066 $3,164 $3,262 $3,399 $3,515 $3,631 $3,747 $3,863 $3,807 $3,937 $4,066 $4,196 $4,326 $4,034 $4,171 $4,309 $4,446 $4,584 $4,132 $4,273 $4,414 $4,555 $4,696 $4,264 $4,410 $4,555 $4,701 $4,846 $4,404 $4,554 $4,704 $4,854 $5,004 $4,605 $4,762 $4,919 $5,076 $5,233 $5,010 $5,181 $5,351 $5,522 $5,693 $5,076 $5,249 $5,422 $5,595 $5,768 $5,136 $5,311 $5,486 $5,661 $5,836 $5,220 $5,398 $5,576 $5,754 $5,932 $5,451 $5,637 $5,822 $6,008 $6,194 $5,879 $6,080 $6,280 $6,481 $6,681 $6,170 $6,380 $6,590 $6,801 $7,011 $6,268 $6,482 $6,696 $6,909 $7,123 $6,312 $6,527 $6,743 $6,958 $7,173 $6,341 $6,557 $6,774 $6,990 $7,206 $6,361 $6,577 $6,794 $7,011 $7,228 $6,648 $6,875 $7,102 $7,328 $7,555 $7,195 $7,440 $7,685 $7,931 $8,176 34 2016 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2016 2.5% Increase Entry 6 Months 1 Year 2 Years 3 Years STORE SUPERVISOR $2,943 $3,043 $3,143 $3,244 $3,344 IS TECHNICIAN $3,485 $3,604 $3,722 $3,841 $3,960 ASSOCIATE PLANNER POLICE IS SPECIALIST ASSISTANT LIQUOR MANAGER OFFICE SUPERVISOR - POLICE FACILITIES MAINTENANCE SUPERVISOR ACCOUNTING COORDINATOR ADMINISTRATIVE ASST -PUB WORKS SENIOR CITIZENS COORDINATOR ASSISTANT IS DIRECTOR CHILDREN'S LIBRARIAN ADULT SERVICES LIBRARIAN STORE MANAGER ACCOUNTANT VEHICLE MAINTENANCE SUPERVISOR BUILDING OFFICIAL PLANNER PUBLIC WORKS SUPERINTENDENT - UTILITIES PUBLIC WORKS SUPERINTENDENT - STREETS /PKS ASSISTANT CITY ENGINEER ASSISTANT COMMUNITY DEV DIRECTOR ASSISTANT FINANCE DIRECTOR RECREATION DIRECTOR IS DIRECTOR LIQUOR OPERATIONS MANAGER $3,902 $4,035 $4,168 $4,301 $4,434 $4,135 $4,276 $4,417 $4,558 $4,699 $4,235 $4,380 $4,524 $4,669 $4,813 $4,371 $4,520 $4,669 $4,818 $4,967 $4,514 $4,667 $4,821 $4,975 $5,129 $4,720 $4,881 $5,042 $5,203 $5,364 $5,135 $5,310 $5,485 $5,660 $5,835 $5,203 $5,380 $5,557 $5,735 $5,912 $5,264 $5,444 $5,623 $5,803 $5,982 $5,350 $5,533 $5,715 $5,898 $6,080 $5,587 $5,778 $5,968 $6,159 $6,349 $6,026 $6,232 $6,437 $6,643 $6,848 $6,324 $6,539 $6,755 $6,970 $7,186 $6,425 $6,644 $6,863 $7,082 $7,301 $6,470 $6,690 $6,911 $7,131 $7,352 $6,500 $6,721 $6,943 $7,164 $7,386 $6,520 $6,742 $6,964 $7,187 $7,409 $6,815 $7,047 $7,279 $7,512 $7,744 $7,374 $7,626 $7,877 $8,129 $8,380 35 SCHEDULE A INSURANCE The EMPLOYER will contribute up to a maximum of eight hundred and sixty -five dollars ($865) per month per full -time employee for calendar years 2015 and 2016 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $865 per month, the difference may be used toward any other City - provided insurance benefit and /or a City sponsored deferred compensation program. Effective January 1, 2016 the EMPLOYER will contribute thirty dollars ($30) per month per full -time employee into a City designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. DEFERRED COMPENSATION As a form of additional compensation, the City will contribute $1 per full -time employee toward a city- sponsored deferred compensation program for every $1 contributed by such employee toward such city- sponsored deferred compensation program. Such employer contribution will not exceed $425 for calendar years 2015 and 2016. 36 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of March 23, 2015 AGENDA SECTION: Consent Agenda ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 7E Community Development APPROVAL ITEM: Approve a Conditional Use Permit for BY: Elizabeth Holmbeck BY: the property located at 1555 401h Ave. NE. DATE: March 17, 2015 BACKGROUND: Julie Johnson, representing First Lutheran Church, is seeking to amend the property's Conditional Use Permit (CUP) to increase the number of classrooms used for the Charter School (Prodeo Academy). The Church previously applied for a CUP in May of 2013, and was granted approval. Since then, the school has grown and needs more classroom space. The applicant appeared before the City Council on March 9, 2015, and requested to table the application for a Conditional Use Permit to the March 23, 2015 City Council Meeting. Due to a scheduling conflict, the applicant has since then, requested to table the application to the April 13, 2015 City Council meeting. State law requires zoning matters to be processed within a 60 -day time frame (Minnesota Statutes Section 15.99, Subd. 3 (f)). The application would have been at 60 days on Monday, March 23rd, 2015. Staff provided an extension letter to the applicant, authorizing an additional 60 day review period. The extension letter is attached. RECOMMENDATION: Staff recommends that the City Council table the request for a Conditional Use Permit to the April 13, 2015, City Council meeting. RECOMMENDED MOTIONS: Motion: Move to table the request to the April 13, 2015, City Council meeting. Attachments: Extension Letter COUNCIL ACTION: 37 CITY OF COLUMBIA HEIGHTS 590 - 40 "' Avenue NE, Columbia 11eights. MN 55421-3878 (763) 706 -3600 TDD (763) 706 -3692 Visit our website at: www.deoiumhia- heWimmn.us March 10, 2015 Julie Johnson First Lutheran Church 1555 40th Ave. NE Columbia Heights, MN 55421 Re: Conditional Use Permit (CUP) Application Dear Ms. Johnson: The City of Columbia Heights is extending the process time for consideration of the application you submitted for your Conditional Use Permit request for the property located at 1555 40"' Ave. NE. The process time is being extended due to the fact that the first 60 -Day review period ends before your request is scheduled to go to the City Council for consideration. Mayor Garr L. Peiersun Council members Roheri A. Aifhwnu Hiram Naxru,h John Afur.rn Donna Schmitt City Manager WidferR 1eh,t State law requires zoning matters to be processed within a 60 -day time frame (Minnesota Statutes Section 15.99, Subd. 3(1)). The time frame for your CUP request has been extended from March 22 °d, 2015 to May 21 ", 2015. As the applicant, would you please acknowledge by signing below that you are aware of this extension and return this letter to me. If you have any questions, please feel free to contact me at 763 -706 -3673. Sincerely, 4A 4alje� Elizabeth Holmbeck Associate Planner la', iwe Johnson J Date 38 CITY COUNCIL LETTER Meeting of March 23, 2015 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: 7G License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: March 18, 2015 BY: A BACKGROUND /ANALYSIS Attached is the business license agenda for the March 23, 2015 Council meeting. This agenda consists of applications for 2015 Contractor Licenses. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy 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 March 23, 2015 as presented. COUNCIL ACTION: 39 TO CITY COUNCIL March 23, 2015 *Signed Waiver Form Accompanied Application CONTRACTOR'S LICENSES -2015 BLDG New Century Systems Inc *Heating & Cooling Design *Twin City Frpl & Stone Craig's Htg & AC *Southbend Htg & Air *B & D Plumb, Htg &AC *Farr Plumbing & Htg Tharaldson Plumb & Htg *Blue Sky Mech JP Schmitz *Western Tree Service 20150 75th Ave, Corcoran $60 10830 Able St, Blaine $60 6521 Cecilia Cir, Edina $60 2196 285th Ave, Isanti $60 32206 Miller Ln, Montgomery $60 4145 MacKenzie Crt, St Michael $60 7600 W 27th St, St Louis PI $60 6621 Elliot Ave So, Richfield $60 41531 237th Ave, LeCenter $60 16450 117th Ave N, Maple Gr $60 23712 150th St, Paynesville $60 40 LO Cl N M N t U L m LL O 0 z W W U z D O U z W ry d W W U z z H O W z z 2i LL O LU F- H O z Q U- 0 H z D O U U) w 2 m J O LL O LZ U Y U � a) (D U � O) a) C E a) E O OU U N L A E �^, m L U fB O O N ca a) - ~ O W > Q � DO ca D � J L) O � U O LL U O U U 00 -a C15 (n -0 L O N 0) T— fu N N r- N a) N N 64-}- U O O � C � (a :3 a) O CO E -0 O O a) +� a) t c � � cu U-) a) U C (Q � "O X o 0) a) U O C CU w .� ) CU > o a) � LO Y _ a) L v E E a) a) >, O -0 N ca :� E a) O L v N V xF� * H a * W w * * x> 0 F:� U H + * W r * * a ar * * a O o * * U >+ U � x w m x * + H o 0 0 0 * * a H U") a * * U 'H O LO U * * Q C �o + * r .,1 o * * H a * + H ul + * * * + * H H H a4 kD * + a H H H H H H H H H H H H H H * * * * ** x �V�4J4 4J4J4J4J.Cx4J4J * * H U >1 + 0000* U z ro� H * * z (°) Q 0 * * D o U) +J * zzzz* 0 �o U) * * U L 0 x zzzz* x>1 * LO X * * o U * FC FC * N H U * W w w W* N a s * * m H * aaaa* o a * * H 0 +; 'K + + * -K • • • • H G4 Bch * * . . . . . . . . . . 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As required by state law, the City published a notice of intent to franchise. CenturyLink was the only company to respond. The CenturyLink application is attached. After receiving the application from CenturyLink, the City's outside legal counsel on cable franchising issues, Mike Bradley of Bradley Hagen & Gullikson, prepared and sent to CenturyLink a request for additional information. state law requires that the City hold a public hearing concerning the CenturyLink cable franchise application. The purpose of the public hearing is to allow CenturyLink the opportunity to present its application and its qualifications to operate a cable system in the City. The public hearing is also to allow members of the public, including the City's incumbent cable franchise provider, Comcast, to comment on the application. At the conclusion of the public hearing, it is staff's recommendation to keep the public hearing open until Friday, March 27, 2015, at 4:00 p.m. for the purpose of receiving written comments from the public, at which time the public hearing will close. Following the close of the public hearing, staff will review the application and the public record and prepare a report that will recommend future action by the City. RECOMMENDED MOTION: Staff requests that no action be taken on the CenturyLink application at this time, and that the public hearing remain open until 4:00 p.m. March 27th to receive additional written comments from the public. COUNCIL ACTION: 49 c� l r� Centu ryL i n ke �, � DELIVERED VIA COURIER AND E -MAIL March 12, 2015 City of Columbia Heights City Hall 5904 th Avenue N. E. Columbia Heights, MN 55421 ATTN: Kelli Bourgeois Mary Ferguson LaFave Director Public Policy Phone 612 - 663 -6913 Re: Application of Qwest Broadband Services, Inc. d /b /a CenturyLink for Cable Communications Services Franchise with the City of Columbia Heights, Minnesota Dear Ms. Bourgeois: In response to the City of Columbia Heights' published notice of Intent to Franchise, enclosed please find Qwest Broadband Services, Inc., d /b /a CenturyLink's notarized application for a cable communications franchise with the member with the City of Columbia Heights. Also enclosed please find a check in the amount of $7,500 payable to the City of Columbia Heights in full payment of the requisite franchise application filing fee. Please do not hesitate to contact me or any other designated representative of the Company if you have any questions. CenturyLink looks forward to working with the City of Columbia Heights and bringing facilities based video competition to its citizens. Very tr I yours, Mary Ferguson LaFave Cc: Mike Bradley, Esq. (sent via e-mail) PUBLIC DOCUMENT TRADE SECRET DATA HAS BEEN EXCISED 200 South 5th Street, Room 2200 Minneapolis, MN 55402 www.centurylink.com 50 QWEST BROADBAND SERVICES, INC., D /B /A CENTURYLINK APPLICATION FOR A COMPETITIVE CABLE COMMUNICATIONS FRANCHISE IN THE CITY OF COLUMBIA HEIGHTS Qwest Broadband Services, Inc., d /b /a CenturyLink ( "CenturyLink ") respectfully files this application for a competitive cable communications franchise to provide cable communications services in the City of Columbia Heights. The following sets forth the information required to be submitted in an application in accordance with Minn. Stat. §238.081, Subd. 4. Franchise Applicant: Qwest Broadband Services, Inc. d /b /a CenturyLink ( "CenturyLink "), a Delaware corporation, seeks a competitive cable communications franchise to offer cable communications services in the City of Columbia Heights. Applicant is a foreign corporation in good standing and authorized to do business in the State of Minnesota. Overview of CenturyLink CenturyLink Improves Lives At CenturyLink, our vision is to improve the lives of our customers. Through our products and services, we help strengthen businesses and connect communities to each other and the world. CenturyLink's Unifying Principles We have established certain fundamental values that are the foundation for how we interact with our partners, our customers and with one another. We call these values our Unifying Principles, and they bring together our beliefs into a cohesive philosophy that guides our actions in all matters, including our greater social responsibility in the communities where we live and work. The Unifying Principles are Fairness, Honesty and Integrity, Commitment to Excellence, Positive Attitude, Respect, Faith and Perseverance. CenturyLink in Minnesota CenturyLink in Minnesota employs approximately 3,000 people with the majority of those jobs located in the Twin Cities metropolitan area. More than half of CenturyLink employees in the Twin Cities are represented by the Communications Workers of America Union. This includes approximately 500 network technicians, 200 of whom are being cross - trained to support Prism. Success in the market will trigger hiring more skilled technicians in the future to support Prism CenturyLink also employs approximately 100 network engineers in the Twin Cities who work in partnership with the network operations team to plan, build and deploy service. Centuryt.ink's network operations team supports the new headend facility, located in Golden Valley. Employees in the Twin Cities also include business sales, marketing, regulatory affairs, public policy, customer service and administrative support. Employees are located across the Twin Cities in central office neighborhood locations and at three main corporate campus locations: CenturyLink, 200 S. 5th Street, downtown Minneapolis CenturyLink, 2800 Wayzata Blvd, Bryn Mawr, Minneapolis CenturyLink, 70 W. 4th Street, downtown St. Paul PUBLIC DOCUMENT TRADE SECRET DATA 51 HAS DIDEEN EXCISED Many CenturyLink employees have worked with the company for decades experiencing early innovations as a telephone company and the current day transformation into a technologically - sophisticated service provider to local communities and Minnesota's largest companies. With a statewide payroll that exceeds $195 million each year, CenturyLink is a proud contributor to jobs and the economy in the state. CenturyLink in the Community, Sustainability and Commitment to Diversity CenturyLink is committed to strengthening and improving the communities it serves, not only through jobs, products and services, but also through philanthropic support of local community agencies, events and initiatives. We focus our philanthropic and volunteer efforts on K -12 education and programs that support youth; technology- focused initiatives; and locally- driven efforts that strengthen communities and make them better places to live. Through our involvement in efforts ranging from environmental stewardship to community investment, we further our commitment to improve lives by being a good citizen and neighbor in the communities where we work and live. • Since 2007, the CenturyLink Clark M. Williams Foundation (previously Qwest Foundation) has awarded $800,000 to innovative Minnesota teachers working to improve STEM learning and access to technology in schools statewide. The Minnesota Business Partnership assists CenturyLink by administering the program. Together, we are helping to build awareness around STEM education and preparing Minnesota's future workforce for STEM careers. • CenturyLink awards scholarships in partnership with local organizations to advance the opportunities of their stakeholders. Scholarships recipient organizations include: • CenturyLink STEM scholarship via Minnesota High Tech association. • Pacer Center Excite Technology Camp for Girls scholarship. • Minneapolis Urban League general education scholarships. • University of St. Thomas, ThreeSixty program scholarship. • CenturyLink helps provide a state -of- the -art fan experience at Target Field as the Official Communications Provider for the Minnesota Twins and Target Field. CenturyLink's sponsorship also includes working with the Twins and the Metro Area Library Association to support the summer reading program. • Through our Matching Time Grant program, Minnesota employees volunteering time to a non - profit agency can earn a CenturyLink Foundation grant for that organization. • Our employees can further their community support through our annual CenturyLink All Employee Volunteer Day, Employee Giving Campaign supporting the Greater Twin Cities United Way and our Annual Food Drive supporting Second Harvest Heartland. • We are committed to environmental sustainability through programs that include waste recycling, green information technology, and procurement policies and practices. • CenturyLink provides incentives for employees in certain communities to make use of public transit or green commuter programs. • Our Ethics and Compliance Program provides employees with guidance in making ethical business decisions and provides mechanisms for employees to report concerns. • We have a Supplier Code of Conduct that establishes expectations for our contractors and vendors regarding ethical business practices. 52 • CenturyLink's Privacy Policy protects our customers' information and keeps our customers informed about the information we collect and the choices they have regarding that information. • Diversity is celebrated and promoted through our Employee Resource Groups, recruiting, global supply chain and community outreach. CenturyLink Lifeline & Internet Basics CenturyLink participates in Lifeline, which provides certain discounts to qualified subscribers on monthly service. The program is designed to help low income households with needed phone services. Lifeline is available to qualifying customers in every U.S. state. Qualifications vary by state. Residents of American Indian and Alaskan Native tribal lands may qualify for up to an additional $25 of enhanced Lifeline support monthly. They may also qualify for the Link -Up program, which helps consumers pay the initial installation costs of getting telephone service. Link -Up provides a credit of up to $100 of the initial installation charges for tribal customers. CenturyLink supports the Federal Communications Commission's goal of bringing high -speed Internet to economically- disadvantaged households. We work with nonprofit partners throughout our state to engage communities in the CenturyLink Internet Basics program which provides qualifying low - income Minnesotans service at a reduced rate. CenturyLink has conducted training programs and awareness building around Internet Basics through the Minneapolis Urban League. We have created partnerships with the Minneapolis Public Schools and PC's for People to distribute hundreds of computers to low- income families and provide information to families on the opportunities offered through CenturyLink Internet Basics. Applicant's Corporate Structure and Officers Applicant's ultimate parent company is CenturyLink, Inc., a Louisiana corporation headquartered in Monroe, Louisiana, and, through its subsidiaries, owns 100% of Qwest Broadband Services, Inc. d /b /a CenturyLink. A more detailed corporate structure is depicted on the attached Exhibit A. CenturyLink, Inc. is the third largest telecommunications company in the United States and is recognized as a leader in the network services market by technology industry analyst firms. The Company is a global leader in cloud infrastructure and hosted IT solutions for enterprise customers. CenturyLink provides data, voice and managed services in local, national and select international markets through its high - quality advanced fiber optic network and multiple data centers for businesses and consumers. The company also offers advanced entertainment services under the CenturyLink® PrismT"' TV and DIRECTV brands. Headquartered in Monroe, La., CenturyLink is an S &P 500 company and is included among the Fortune 500 list of America's largest corporations. A copy of CenturyLink's most recent 10 -K can be obtained by clicking on the following URL: http: / /www sec.gov/ Archives /edgar/ data / 18926/ 000144530514000656 /ctl- 2013123110k.htm On April 21, 2010, CenturyLink, Inc. reached an agreement to purchase Qwest Communications International, Inc. ("QCII") through a tax -free, stock - for -stock transaction. Under the terms of the parties' merger agreement, CenturyLink, Inc. is the ultimate parent of QCII and the subsidiaries that were under QCII. At the time of the merger between CenturyLink and Qwest Communications International, Inc., Applicant was a wholly -owned subsidiary of Qwest Services Corporation, Inc. as was Qwest Corporation, the entity which places facilities in the City's public rights of way pursuant to the City's ordinances and associated rules. Further, at merger, Applicant was a member of the National 53 Cable Television Cooperative ( "NCTC ") as was the CenturyLink entity which offers Prism in legacy CenturyLink markets, e.g., Florida. Because the NCTC expressly forbids more than one entity within a corporate family to belong to and directly obtain content from the NCTC and because any affiliated entity receiving content from the NCTC must be a wholly -owned subsidiary of the NCTC member, CenturyLink, Inc. moved Applicant from being a subsidiary of Qwest Services Corporation to being a subsidiary of CenturyTel Broadband Services, LLC. As provided in the original application filed with the City, the following sets forth the officers and directors of Applicant. This group of officers and directors do not own any shares of the Applicant. Qwest Broadband Services, Inc. (Delaware Domestic) Directors: R. Stewart Ewing, Jr. Stacey W. Goff Officers: Chief Executive Officer and President Glen F. Post, III President Global Markets Karen A. Puckett Executive Vice President and Chief Financial Officer R. Stewart Ewing, Jr. Executive Vice President, General Counsel Stacey W. Goff President IT Services and New Market Development Girish Varma Executive Vice President — Public Policy and R. Steven Davis Government Relations President— Wholesale Operations William E. Cheek Executive Vice President — Controller and Operations David D. Cole Support Executive Vice President — Network Services Maxine Moreau Vice President and Treasurer Glynn E. Williams, Jr. Vice President Jonathan J. Robinson Secretary Kay Buchart Assistant Secretary Joan E. Randazzo Assistant Secretary Meagan E. Messina Applicant's Representatives: The following individuals may be contacted for further information about this application: (a) Mary Ferguson LaFave, 200 S. 5th St., 21St Floor, Minneapolis, MN 55402; Tel: 612 - 663 -6913 (b) James P. Campbell, 1801 California Street, 10th Floor, Denver, CO 80202; Tel: 303 - 992 -5811 (c) Kirstin Sersland, 200 S. 5th Street, 23rd Floor, Minneapolis, MN 55402; Tel: 612 - 663 -7911 Technical Expertise in the Provision of Cable Communications Services to Consumers See TRADE SECRET EXHIBIT B, attached hereto. Attached as Exhibit C is a list of markets in which Applicant or its affiliates offer Prism pursuant to state or local authority. CenturyLink passes 2.4 million homes and has over 242,000 Prism customers. With respect to the provision of cable communications services, the following individuals provide key technical expertise with respect to the deployment of Prism and video operations (in addition to the 4 54 individuals and teams identified in the section below on managerial expertise to offer cable communications services: Glenn Garbelman serves as the Vice President of the Video Operations at CenturyLink since 2010, and is based in Monroe, Louisiana. He currently has day -to -day operational responsibility for all video services, which is currently serving 240,000 Prism customers with more than 150 employees. Prior to Glenn joining CenturyLink, he was part of a large communications company that successfully launched and supported IPTV video in over 70 markets throughout the United States. He has.more than 25 years technical experience with the last 10 focused on video products and services on an IP network. Sandeep Bhalla is the Director of Video Technical Operations. Responsible for the daily operations of CenturyLink Video Services, Sandeep oversees the video ops engineering staff and ensures the integrity of engineering operations and processes. With 19 years of technical experience and 10 years of video, Sandeep has served as a CenturyLink representative to national and international forums related to next generation video services. Prior to joining CenturyLink, Sandeep was a Manager of Head End Implementation for AT &T's Uverse. Sandeep holds a BA from the University of California Berkley. Charles Becker is the Manager Video Operations IPTV responsible for all headends based out of Denver, Colorado and Columbia, Missouri. The Video Headend Team is responsible for the operation and acquisition of all video content served by the Prism platform both local and national. The team maintains and operates 17 headends located in 13 states across the country. This team supports new market builds, preventative maintenance, outage resolution and proactively supports the video monitoring teams in outage resolution. Charles is a 35 year veteran of the video industry and 9 year employee of CenturyLink. Steve Epstein is a Senior Lead Engineer— Managing for CenturyLink. Steve was the initial member of the CenturyLink Video team and brings 35 years of broadcast experience to CenturyLink. In addition to being Chief Engineer at several television stations, Steve was the technical editor of Broadcast Engineering magazine. Steve is an SBE certified professional broadcast engineer and holds a BS in Broadcasting. Steve Sklar, VP Video Strategy and Development has over 20 years experience in the cable industry and has led efforts to continually add new features and functions to Prism, e.g., Prism on the Go. His team is responsible for Prism design, innovation and implementation. Chris Lanasa is the Vice President Consumer Product Strategy and Operations. In this role, he and his team are responsible for the product strategy and management of CenturyLink's consumer growth products, including Prism. The content acquisition team reports to Mr. Lanasa. The local team (Messrs. Ring, Middleton and Clausen), whose experience is more fully described in the next section, has responsibility for the facilities deployment, repair and maintenance in Columbia Heights as well as provisioning the service to end users. 5 55 Managerial Expertise in the Provision of Cable Communications Services to Consumers Minneapolis is the headquarters for the Midwest region of CenturyLink. Duane Ring leads the business as the President of the Midwest Region. Under his leadership, Prism was successfully deployed in Omaha, Nebraska in 2013 and LaCrosse, Wisconsin in 2008. Tyler Middleton is the Vice President of Operations for Minnesota. His team includes more than 500 technicians, 200 of whom are being cross - trained to install and support Prism. There is a wide array of employees performing various functions in support of Prism in the Twin Cities, including approximately 100 engineers who will be working under Mr. Middleton's leadership to design and support the infrastructure that enables Prism. Trent Clausen is the Vice President of Construction for the Midwest Region. He has held a variety of leadership positions in the network organization over the past 16 years, including positions managing and leading capital planning, field construction, local engineering, dispatch operations, and installation and maintenance operations. His team successfully upgraded the network in Omaha to support the launch of Prism there in 2013 and will be responsible, working closely with Mr. Middleton's team, to construct the network to support Prism in Columbia Heights and the Twin Cities metropolitan area. There are three essential corporate divisions which support the provision of Prism to end users: Global Operations and Shared Services, Global Markets and Product Development and Technology. A. The Global Operations and Shared Services organization is led by Executive Vice President Maxine Moreau. A 30 -year veteran of telecommunications, Maxine Moreau brings a depth of knowledge and experience in network services, operations, IT and process improvement to her role as Executive Vice President of Global Operations and Shared Services. She is responsible for operational excellence through the end -to -end planning, engineering, construction, operation and maintenance of CenturyLink's global network, as well as regional operations and hosting data centers. Moreau oversees network enablement that currently provides commercial 100Gbps services to businesses for high - bandwidth needs as well as the deployment of 1Gbps fiber networks in certain markets, including Columbia Heights for both consumer and business customers. Members of her team will staff the VSO in Golden Valley. Maxine Moreau's team is responsible for the engineering, planning and deployment of all network infrastructure, including the infrastructure on a national and local basis for the delivery of Prism. In addition, organizations responsible for data and video operations report up to Maxine. These centers, from an operational perspective, constantly monitor and repair, if necessary, the entire network including the facilities used in the provision of Prism. B. The Global Markets organization is led by President Karen Puckett. With 30 years of telecommunications experience, Karen Puckett is an industry veteran with proven success in the integration of complex operations, the achievement of industry - leading financial and operational performance, and the creation of a company culture that is focused on accountability, innovation and growth. As CenturyLink's Chief Operating Officer, Puckett is responsible for the company's financial and operational performance in the business and consumer segments. She leads marketing, sales, service delivery, care and customer experience initiatives for all business and consumer customers and the implementation of the local operating model in the company's local service areas in 37 states. Puckett N. 32 has been at the forefront of CenturyLink's transformation from a local telephone exchange company serving rural and mid -sized markets to an industry leader in advanced communications services with customers throughout the United States and overseas. Her visionary leadership has been instrumental in the company's ability to thrive in the new arenas of cloud, data hosting and managed services, as well as facilities based switched digital video service while maintaining its focus on operational excellence and financial strength. Puckett led the 2001 companywide realignment to the local operating model, placing decision making closer to the customer and making the company more responsive to the marketplace. The model has consistently resulted in financial and operational improvements as CenturyLink has acquired new markets. As it relates to Prism, Karen Puckett's organization owns the customer experience in terms of sales and repairs. There are five call centers which provide support for consumer sales, including Prism. These centers are located in Sioux City, Iowa; Idaho Falls, Idaho; Boise, Idaho; Midvale, Utah; and Phoenix, Arizona. C. The Product Development and Technology organization is led by Executive Vice President and Chief Technology Officer, Aamir Hussain. Hussain is an experienced senior technology executive with more than 23 years of proven success in the implementation of global technology operations, operationalization of complex technology, infrastructures, and business solutions while driving capital cost efficiencies in the business. Hussain and his team are responsible for the design and delivery of next generation products, services and technologies critical to achieving CenturyLink's strategic growth priorities, including Prism. Hussain has a diverse background in data, security, voice, video and wireless technologies. Prior to joining CenturyLink, he held senior leadership roles at Liberty Global, Covad, TELUS and Qwest. Hussain sits on several startup and non - profit boards, is technical advisor to technology companies and holds 11 patents in Telecommunications. In addition, he has completed leadership, innovation and strategy training from Harvard, the INSEAD institute in France and the International School of Business Management in Switzerland. Aamir's team is charged with constantly working to implement new technologies and innovations to enhance the customer experience across the entire suite of CenturyLink products, including Prism. As noted above, Applicant's ultimate parent company, CenturyLink, Inc., is headquartered in Monroe, Louisiana. A fundamental tenet and operating creed of the Company is to drive decision making to the local level, where the employees best understand the needs of each community in which they work and deliver service. Capital allocation are made based on information from the local markets and it is entirely up to the local team to manage the budget and to make capital and expense allocation decisions based on the local needs. In Columbia Heights, the two leaders responsible for making such decisions, including, e.g., deployment of Prism, are Duane Ring and Tyler Middleton. Legal Qualifications to Offer Cable Communications Services To CenturyLink's knowledge, neither Section 533 of Title 47 of the United States Code nor any other federal law or regulation bars CenturyLink from seeking and obtaining a franchise to provide video service in the City. Applicant will make all appropriate filings and preparations prior to the turn up of its video service including (1) filing a community registration with the FCC via FCC Form 322; (2) providing notice to local broadcasters and requesting either must -carry or retransmission consent election; and (3) 7 57 registration of any antennas required to provide service. It has not, in the past five years, ever had any adverse administrative, civil or criminal action taken against it. In its existing markets, Applicant complies with many additional federal requirements in providing its Prism service, including all of the FCC requirements applicable to multichannel video programming distributors (such as equal employment opportunity and set -top box requirements), the FCC requirements applicable to EAS participants that are w.ireline video service providers, other FCC requirements applicable to provision of Prism (such as receive -only earth station license requirements and annual regulatory fees for IPTV providers), and the Copyright Office requirements for cable systems filing semi - annual copyright statements of accounts and paying statutory license fees. Applicant does not file an FCC Form 327 relating to CARS microwave facilities because Applicant does not use such facilities in connection with the provision of Prism. Similarly, Applicant does not file FCC Form 320 and FCC Form 321 as they relate to the use of aeronautical frequencies that are not applicable to the IPTV technology. The only party to the franchise agreement is the Applicant, and Applicant will comply with all terms of the negotiated franchise with the City of Columbia Heights. Applicant's affiliates will not be bound by the terms of the franchise; they have separate and distinct operating authority and obligations pursuant to the City's ordinances regarding public rights of way. Applicant will, however, promise and guarantee, as a condition of exercising the privileges granted by any agreement with the City of Columbia Heights, that any affiliate of Applicant, directly involved in the offering of Cable Service in the Franchise Area, or directly involved in the management or operation of the Cable System in the Franchise Area, will also comply with the obligations of this Franchise subject to the following proviso, that Qwest Corporation ( "QC "), an affiliate of the Applicant, will be primarily responsible for the construction and installation of the facilities in the Rights -of -Way which will be utilized by Applicant to provide Cable Communications Services. So long as QC does not provide Cable Service to Subscribers in the City, QC will not be subject to the terms and conditions contained in this Franchise. QC's installation and maintenance of facilities in the Rights -of -Way is governed by Applicable Law. To the extent Grantee constructs and installs facilities in the Rights -of -Way, such installation will be subject to the terms and conditions contained herein. Financial Qualifications Applicant is an indirect subsidiary of CenturyLink, Inc., a Fortune 150 Company and the third largest telecommunications company in the United States. CenturyLink was founded in 1930 and grew through acquisition of other companies. In April 2010, it announced it was merging with Qwest Communications International, Inc., the parent company of Qwest Corporation and Applicant. In 2008, it launched Prism in LaCrosse, Wisconsin and now offers Prism in 14 markets passing over 2.4 million households. In addition to its cable experience, CenturyLlnk is a leader having unparalleled experience and expertise in advanced technology, maintenance and operation —the very facilities over which it provides Prism. As publicly filed documents show, CenturyLink is financially sound. In its earnings announcement for 2014, CenturyLink reported operating revenues of $18.0 billion and free cash flow of $2.7 billion. Its market cap is $22.52 billion. These numbers clearly demonstrate Applicant has access to all the financial resources necessary to meet its franchise obligations in the City of Columbia Heights, with the backing of CenturyLink, Inc. 8 58 Prism Features and Functions: Applicant's cable communications system will be fully digital. While the ultimate channel lineup has not been finalized at this time, attached hereto as Exhibit D is a sample channel line up from another jurisdiction (Phoenix, Arizona) in which CenturyLink offers its cable communications service, PrismT"" This illustrates the vast selection of content available to subscribers. CenturyLink will provide the City with a copy of the actual channel lineup prior to launching service in Columbia Heights. It should be noted that currently CenturyLink offers more channels in HD than any other MVPD nationally. It also provides a robust library of Video on Demand content. Because our system is IP based, we offer unique applications available via the television set such as access to Facebook and Picasa. In addition, search and streaming services are available which enable viewers to search for the cheapest gasoline within a specified area or to stream selected stock market quotes. We also have an ever increasing video on demand library. Prism is a state of the art offering and its features and functions also include, but are not limited to: (1) whole home DVR; (2) warp speed channel change; (3) find -it fast navigation, (4) multi -view (4 shows on one screen); (5) personal media sharing; (6) interactive news and information dashboard; (7) Prism on the Go (select content available over mobile devices such as smart phones and tablets); and (8) advanced parental controls. By going to the following URL, you can "experience" the features and functions of Prism through a short demonstration: http:// www. centurylink .com /prismty / #index.htmi. Initial Deployment and Availability of Prism CenturyLink will deploy its cable communications service, Prism, over facilities owned by an affiliated company, Qwest Corporation, d /b /a CenturyLink (QC). Prism is a switched digital service and is Ethernet based (it is not a QAM based, broadcast service). The fact that the service is switched digital and Ethernet based enables CenturyLink to offer unique features and functions, e.g, warp channel change, not generally available over more traditional cable systems, as more fully detailed below. Applicant has not provided a map depicting its initial deployment because that is extremely competitively sensitive and highly confidential, and Applicant is not confident that it could be adequately protected even under the designation of a "Trade Secret." Currently, two network architectural designs are used to deliver Prism to subscribers: fiber to the node (FTTN) and fiber to the premises (FTTP), but the quality of the cable communications service is of the same high, technical quality regardless of the underlying network architecture. For FTTN, CenturyLink deploys fiber from a serving central office to a remote terminal in a neighborhood. The remote terminal houses the electronics (currently V1DSL2) and such electronics create a broadband stream to individual addresses of up to 40Mpbs (80Mpbs if using pair bonding) over a copper subloop. For FTTP, there is fiber connectivity from the serving central office to a distinct address /location via an optical loop terminal (OLT) and this fiber connection will support broadband speeds of up to One Gbps. A set -top box is required for each television in a home to receive Prism. CenturyLink recently introduced a wireless set top box which enables the end user to move Prism to any location such as the patio or garage. QC is the traditional telecommunications provider in Columbia Heights. It has and will continue to pull all necessary permits and comply with all Columbia Heights rules, codes and ordinances associated with access to and presence in the public rights of way. w 59 When CenturyLink begins to offer Prism commercially in Columbia Heights, Prism will be available to approximately fifteen percent of the households in the City. CenturyLink is targeting an initial service launch in the second or third quarter 2015. CenturyLink will notify the City prior to commercially launching Prism in Columbia Heights. Turning up service in Columbia Heights represents a very significant capital investment by the Company even though it has zero revenue - generating customers and its direct competitor has one hundred percent of the facilities based cable subscribers in the City. Further deployment will be driven by success in the market, i.e., as we win customers we will use that new revenue stream to invest in further deployment and broader availability of Prism throughout the City. As set forth in the franchise, CenturyLink will meet periodically with the City to review its current deployment footprint and to outline its plans in the upcoming quarter(s) for additional deployment. This market success deployment model is expressly supported by the FCC and has been adopted by other cities in the State of Minnesota. Pricing, Customer Service and Standard Installation: Attached as Exhibit E is a sample of the pricing for Prism packages in another market. In advance of commercial launch in Columbia Heights, CenturyLink will provide the City with the pricing for various Prism packages that will be offered in Columbia Heights. With respect to rate requirements, under 47 U.S.C. § 543m a local franchising authority can only regulate the rates of the incumbent cable provider in an area that has not been deemed to be subject to "effective competition." See, Media Bureau Clarifies Issues Concerning Franchise Authority Certification to Regulate Rates, FCC Public Notice, DA 09 -68 (rel. Jan. 16. 2009) Applicant will comply with all federal, state and local requirements relating to customer service. To the extent the incumbent cable communications provider has agreed to additional customer service requirements, Applicant is more than willing to consider any such additional requirements during its negotiations with the City over the terms of the franchise. There are five consumer call centers, and they are located in Sioux City, Iowa; Idaho Falls, Idaho; Boise, Idaho; Midvale, Utah and Phoenix, Arizona. These centers are staffed from 8:00 a.m. to 6 p.m. (local time Monday through Friday). In addition, calls are handled by agents on Saturday and Sunday. CenturyLink uses outside vendors to handle overflow for calls as needed. CenturyLink schedules its agents on a daily basis to meet service level targets. Call activity is monitored throughout the day and call routing is updated throughout the day to help insure calls are answered within appropriate timeframes. CenturyLink will provide Prism service to all qualified households within seven days. CenturyLink does not have "non- standard" installation, i.e., the provision of service at an additional construction cost to the subscriber. Qualification for Prism service is purely a technical issue — it is not possible to pay an additional amount to qualify for the service. Line Extension A line extension policy is generally an obligation imposed on the incumbent monopoly provider to deliver service to anyone requesting service, subject only to some density requirements. Consequently, Applicant would not envision having a mandatory line extension policy. Rather, when it is the dominant facilities based cable communications services provider in the City, Applicant will negotiate with the city over a reasonable build out and line extension obligation. 10 60 Access Channels Applicant will make the city's three access channels available to its subscribers. For purposes of acquiring the signal, Applicant will pick up the City's Access Channel signals at the point(s) of origination via a fiber facility and transport such content back to the local VSO for insertion in the channel line up. At the point(s) of origination, Applicant will need rack space and power for its equipment to receive the signal(s) handed off by the City to Applicant. Applicant will pay for all facilities and equipment located on its side of the demarcation point where the City will hand off its content to Applicant and as is industry practice, the City will be responsible for all equipment on its side of the demarcation point. One of the features available on Prism is "multi- view" -- we create a single channel /landing page for a category of shows, e.g., news, and make all the news channels available using picture in a picture technology. The end user can then click on the channel he or she wants to watch or watch four simultaneously. You can see a quick demonstration of this feature by clicking on the following URL: http: / /www.centurylink.com /prismty /# prism -tv- virtual- test- drive.htm1. We potentially will use this same technology to create a "multi- view" (also referred to as "mosaic ") for the City's Access Channels either separately or combined with Access Channels of other cities in the area with the City's concurrence. With multi -view, the city's Access Channels will be available on the "landing page" and an end user merely needs to click on the specific channel /picture in a picture to be seamlessly taken to the selected Access Channel in full screen view. Because each of the Access Channels has its own dedicated channel assignment, the channels are offered in the same video and audio quality as all other channels and can be recorded if so desired by an end user. Further, access to the Columbia Heights Access Channels will not be limited to residents of the City. Rather, Prism subscribers throughout the metropolitan area will have access to the City's Access Channels and City residents will have access to other Cities' or Cable Commissions 'Access Channels. This opens a vast array of viewing options for Columbia Heights citizens given the robust choice of content and access channels in the Twin Cities. Applicant is willing to make all the City of Columbia Heights' access channels available in high definition if the City hands them to Applicant in that format. If so, Applicant will down convert all such HD Access Channels to SD so they can be viewed by any end user not capable of receiving HD signals. As this relates to the multi -view screen for the Access Channels, Applicant's middleware will automatically know if a subscriber needs to see the channel in SD or HD and will automatically route the end user to the channel with the proper format. Each access channel will be assigned a discrete channel (generally on the upper tiers) for both the SD and HD versions of the channel. Applicant will provide all Access Channels in the same video and audio quality as commercial channels it airs. Applicant contracts with a third party to provide its electronic channel guide. Applicant will provide the City the same level of listings and functionality in its electronic channel guide as the incumbent cable communications providers offers. With respect to video on demand, Applicant will offer the City a specified amount of space on its VOID servers, as will be specified in the franchise. This will enable viewers to go into the VOID library and to view, on an on- demand basis, any Access Channel content that the City has handed to Applicant for 11 1. storage on its VOD servers. Such VOD content hand off has a common industry standard which will be shared with the City when the terms of the franchise are negotiated and finalized. Because Applicant service is switched digital, an entirely different technology from the incumbent, Applicant cannot interconnect with the incumbents' system for the purpose of accessing Access Channel content. As noted above, however, all of Applicant's subscribers will have the ability to view all Access Channel content from any city or cable commission with which Applicant has a franchise agreement. As it relates to financial support of Access Channels, Applicant will collect from its end users and remit quarterly to the City a monthly line item in support of the City's Access Channel capital costs in the same amount as the incumbent cable communications provider. This will be confirmed in the franchise with the City of Columbia Heights. Provision of Cable Communications Services to Public Buildings While this will ultimately need to be addressed in the franchise, Applicant is willing and able to provide complementary basic cable service to any municipal building, school building and public library in the City of Columbia Heights provided that such buildings are within Applicant's footprint of cable communications availability and no other provider is already providing cable communications services at that location. Indemnification: CenturyLink will include the following provision in its franchise with the City of Columbia Heights: "Grantee shall contemporaneously with this Franchise execute an Indemnity Agreement in a form acceptable to the City, which shall indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses arising out of the actions of the City in granting this Franchise. " This obligation includes any claims by another franchised cable operator against the City that the terms and conditions of this Franchise are less burdensome than another franchise granted by the city or that this Franchise does not satisfy the requirements of applicable state law(s). other Legal Considerations -- Minnesota Stat. §238 -081 Before addressing the state statute, the following sets forth some critical background with respect to deployment of both telecommunications and cable infrastructure. Initially, local telephone companies were granted monopolies over local exchange service in exchange for taking on a provider of last resort obligation— a duty to provide service —to customers in its service territory. Similarly, with respect to video services, Columbia Heights has given the incumbent video provider (and its predecessors) a monopoly over facilities based video. In exchange for making the capital investment to deploy facilities, the incumbent cable company got 100 percent of the customers who wanted cable television. 12 62 Subsequently, with respect to telephone services, the federal and local governments effectively eliminated the local telephone monopolies and fostered robust competition. It should be noted that in doing so, the telecom second entrant had absolutely no obligation to build any facilities or to serve any particular location(s) at all. As the FCC noted, imposing build -out requirements on new entrants in the telecommunications industry would constitute a barrier to entry (13 FCC Rcd 3460, 1997). Cable companies were free to enter the telecom market on terms that made business and economic sense to them. This very environment was the catalyst for robust wireless and wireline competition and the proliferation of higher broadband speeds. Congress became concerned about the lack of competition in the video world and in 1992 amended federal law to prohibit a local franchising authority from "unreasonably[y] refus[ing] to award an additional competitive franchise." 47 U.S.C. § 541(a)(1) provides a direct avenue for federal court relief in the event of such an unreasonable refusal. 47 U.S.C. § 555(a) and (b). Until the advent, however, of state statutes granting statewide cable franchises without a mandatory build requirement (e.g., Florida) or progressive cities willing to grant competitive franchises, cable monopolies continued to the detriment of consumers and competition. Level playing field requirements are just one example of barriers to competitive entry erected by cities at the behest of the cable monopolies. Courts have ruled, however, that "level playing field" provisions do not require identical terms for new entrants. See, for example, Insight Communications v. City of Louisville, 2003 WL 21473455 (Ky. Ct. App. 2003), where the court found: There will never be an apple -to -apple comparison for Insight and otherfranchisee simply because Insight is the incumbent which in its own right and through its predecessors has been the exclusive provider of cable services in the City of Louisville for almost thirty years. No new cable franchisee can ever be in the same position as a thirty -year veteran. See also, In Cable N Fund 14 -A, Ltd. v. City of Naperville (1997 WL 209692 (N.D. III); and New England Cable Television Assn, Inc. v. Connecticut DPUC717 A.2d 1276 (1998). In sharp contrast to the monopoly provider, a second entrant faces a significant capital outlay with absolutely no assurance of acquiring customers; rather, it must compete with the monopoly incumbent and win each and every customer over. As Professor Thomas Hazlett of George Mason University has explained, "[i]ncumbents advocate build -out requirements precisely because such rules tend to limit, rather than expand, competition." The federal Department of Justice has also noted that "...consumers generally are best served if market forces determine when and where competitors enter. Regulatory restrictions and conditions on entry tend to shield incumbents from competition and are associated with a range of economic inefficiencies including higher production costs, reduced innovation, and distorted service choices." (Department of Justice Ex Parte, May 10, 2006, FCC MB Dkt. 05 -311). The fact is that the incumbent cable provider has (1) an established market position; (2) all of the cable customers; and (3) an existing, in -place infrastructure. These disparate market positions make imposing a build -out requirement on a competitive entrant bad public policy. Under the guise of "level playing field claims, incumbent cable operators seek to require new entrants to duplicate the networks the incumbents built as monopolies, knowing that such a requirement will greatly reduce, if not eliminate, the risk of competitive entry. 13 63 In 2007, the FCC issued its findings with respect to facilities based video competition and held as follows: (1) with respect to level playing field requirements, the FCC stated that such mandates "unreasonably impede competitive entry into the multichannel video marketplace by requiring local franchising authorities to grant franchises to competitors on substantially the same terms imposed on the incumbent cable operators (Para. 138); and (2) with respect to mandatory build out, the FCC held that "an LFA's refusal to grant a competitive franchise because of an applicant's unwillingness to agree to unreasonable build out mandates constitutes an unreasonable refusal to award a competitive franchise within the meaning of Section 621(a)(1) [47 U.S.C. § 541(a)(1)]." Those two FCC holdings alone should put this entire matter to rest — level playing field requirements and unreasonable mandatory build requirements are barriers to competitive entry in the cable market and violate the federal Cable Act and the FCC's order. Minnesota, however, codified its requirements in a state law and the FCC expressly declined to "preempt" state laws addressing the cable franchising process. It is clear, however, that the FCC did not intend to protect the Minnesota statute which mandates the imposition of barriers to entry on each and every local franchising authority. As various providers were trying to enter the competitive cable market and encountering barriers such as level playing field requirements and mandatory build out provisions, many states passed statutes to facilitate competitive entry and to prevent local franchising authorities from erecting barriers to entry. Such laws were passed in 26 states including Florida, Missouri and North Carolina, where CenturyLink has taken advantage of the streamlined process to enter a market without a mandatory build obligation. These laws have facilitated competitive entry as evidenced, for example, by the presence of four facilities based competitors in the Orlando, Florida market, including CenturyLink and Comcast. As such, these state laws are aligned and not in conflict with the FCC's and Congress' policies for promoting competition in the video distribution market. Minnesota's cable law, however, is quite the opposite. Minnesota's cable act dates back to the 1970s and directs each local franchising authority to impose not only a level playing field across a broad range of issues (many of which Applicant does not oppose), but also a five year mandatory build out requirement. Both of these provisions have been deemed to be barriers to entry by the FCC. The incontrovertible fact is that the law has been extremely successful in barring cable communications competition in Columbia Heights: Columbia Heights has not experienced any facilities based competition because of the barriers to entry Minnesota codified in Chapter 238. In support of this position, that the FCC's 2007 Order preempts Minn. Stat. Chapter 238, Applicant notes the following: Conflict preemption: State law may be preempted without express Congressional authorization to the extent it actually conflicts with federal law where state law "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress" English v. General Elec. Co., 496 U.S. 72,79 (1990). Whether state law constitutes a sufficient obstacle is a matter of judgment to be informed by examining the federal statute as a whole and identifying its purpose and intended effects. Crosby v. Nat'l Foreign Trade Council, 530 U.S. 363,372 (2000). Minn. Stat. § 238.08 mandates terms that each municipality must implement in granting a new or renewed cable franchise. 14 64 • Minn. Stat. § 238.084 sets forth the required contents of a franchise ordinance and sets forth very precise requirements in an initial franchise about the build: commence build within 240 days; must construct at least 50 plant miles per year; construction throughout the franchise area must be substantially completed within 5 years of granting the franchise; and these requirements can be waived by the franchising authority only upon occurrence of unforeseen events or acts of God. • Section 621(a)(1) initially gave local authorities the authority to grant franchises, but this broad grant resulted in exclusive franchises /monopolies. Congress "believe[d] that exclusive franchises are contrary to federal policy ... which is intended to promote the development of competition. H.R. Conf. Rep. No. 102 -862, at 77 (1992) • Legislative history clearly supports that Congress was focused on fostering competition when it passed the 1992 Act. Qwest Broadband Servs. Inc. v. City of Boulder, 151 F. Supp. 1236, 1244 (D. Colo. 2001). • In its 2007 order, the FCC found that "an LFA's refusal to grant a competitive franchise because of an applicant's unwillingness to agree to unreasonable build out mandates constitutes an unreasonable refusal to award a competitive franchise within the meaning of Section 621(a)(1)." The FCC order, however, targeted local and not state laws. • Arguably, the Minnesota build requirements set forth in Section 238.084(m) are in conflict with Section 621(a)(1) and are, therefore, preempted. o In the Boulder case, the court applied Section 621's prohibition on unreasonable refusals to grant franchises to find conflict preemption where local rules required voter approval for any new franchises. • The mandatory build out in the Minnesota statute could be considered a de facto "unreasonable refusal" to grant a franchise and thus conflict with the pro - competition purpose set forth in 621(a)(1). • In upholding the FCC's ruling, the Sixth Circuit stated that while the [FCC] characterized build out requirements as 'eminently sensible' under the prior regime in which cable providers were granted community -wide monopolies, under the current, competitive regime, these requirements 'make entry so expensive that the prospective ... provider withdraws its application and simply declines to serve any portion of the community." Alliance for Cmty Media v. FCC, 529 F.3d 763, 771 (6th Cir. 2008). • The FCC ruling targeted local rules and actions and the FCC refrained from preempting state regulation because it lacked "a sufficient record to evaluate whether and how such state laws may lead to unreasonable refusals to award additional competitive franchises." FCC Cable Franchising Order (FCC 06 -180, at n.2 & ¶ 126). That is not to say, however, that upon full consideration, the FCC would not find the Minnesota mandatory build requirements to constitute an unreasonable refusal under Section 621. o The franchising laws which were being enacted about the time of the FCC order facilitated competitive entrants into the facilities based video market. o In sharp contrast, the Minnesota statutes mandates individual cities and commissions to include onerous build out schedules which, standing alone, would run afoul of.the FCC's order. It should also be noted that at least two cities in Minnesota have chosen to award competitive franchises to second entrants without satisfying all the mandates of Chapter 238. See Mediacom Minnesota, LLC V. City of Prior Lake, Minn. Ct. of Appeals, A09 -1379 (Unpublished decision, Filed June 22, 2010), a copy of which is attached as Exhibit D in accordance with Minn. Stat. § 480A.09, subd. 3 (2008). 15 65 In October 2014, the City of Owatonna awarded a competitive franchise to a second provider, and the franchise did not contain the five year build requirement set forth in Chapter 238. Rather, it contained a market success model expressly endorsed by the FCC. The competitor will provide service to 25 percent of the City of Owatonna and will have no further obligation to enable the provision of cable communications services until 48 percent of households in the footprint subscribe to its service. Finally, nothing in the FCC's Order on Reconsideration released in January of this year alters the above analysis. When the incumbent built its cable networks as a monopoly under an exclusive franchise agreement over 30 years ago, they were guaranteed that 100 percent of all Columbia Heights residents would subscribe from them. As a second entrant, every subscriber CenturyLink acquires currently has a relationship with another provider or has already "cut the cable cord." For this reason, no responsible second entrant would ever contractually commit to the extensive capital investment required to complete ubiquitous coverage without obtaining a single subscriber. As a result of years of advocacy at the local level by the incumbent monopolies, the cable industry remains the only industry where contractual ubiquitous coverage is required of new entrants. Other industries (e.g., telecommunications, wireless, and grocery stores) have flourished with robust competition without imposing any coverage requirements on second, and in some cases (Internet), any provider. Prices have plummeted, service quality has improved, and the market has seen investment, innovation, and competition. Unfortunately for residents of Columbia Heights, we sit here in 2015, 23 years after the FCC abolished the idea of exclusive cable franchises, and not one provider has yet to successfully apply for and receive a franchise to compete with the incumbent. That is the very barrier the FCC was trying to eliminate in its 2007 Order. That is why CenturyLink is so confident in its position that Section 238 .081 is pre- empted. Applicant understands the City's desire for a robust deployment of a facilities based cable communications provider in its boundaries because of all benefits that will be realized by consumers. Accordingly, Applicant has negotiated several different terms to address the City's concerns while insuring that the Applicant does not commit itself to obligations that could trigger financial penalties. Applicant has presented such options to the City during discussions and would be happy to consider any of the following: a. A short term agreement. In this model, Applicant and the City would agree to an initial term of six years so that the "renewal window" under federal law opens three years after the effective date of the franchise. The term of the franchise, however, can be automatically extended if Applicant reaches certain, defined goals of coverage, i.e., the term is extended an additional two years if we can cover XX percent of the living units by year three and can be extended an additional three years if, by the end of year five, we enable Prism to an additional XX percent of the living units in the City. This model has been used throughout the Phoenix metropolitan area. b. Dominant Provider. If Applicant has 50 percent or more of the facilities based cable communications subscribers in the City, then it will take on a mandatory build out requirement and meet with the City to develop the appropriate timeframe for such mandatory deployment. This has been used in several markets in the Phoenix metropolitan area as well as Salt Lake City. 16 M C. Market Success. Applicant will agree to build to a defined percent (usually 15 percent) of the City within three years of the franchise effective date. This establishes the minimum requirement, but Applicant is free to expand its service footprint voluntarily. When the take rate (penetration) within the enabled footprint exceeds a defined percentage (generally 27.5 percent), then Applicant has an obligation to build and extend its service to an additional 15 percent of the living units in the City. This model has been used in Omaha, the Denver metropolitan area and Colorado Springs. Non - Discrimination The cable incumbent operator has stooped to new lows (here and in other markets) by claiming that competitors, like Applicant, will redline certain communities unless burdensome build -out requirements are forced upon them. This claim flies in the face of studies and economic data that show that minority and low- income citizens — the very people the cable incumbent claims will be denied TV services by competitors — are the some of the biggest consumers of TV and communications services. Moreover, the cable industry's own market research shows that minority and urban neighborhoods offer some of the best growth potential for TV services of any markets in the country. What the studies say: ➢ Public Broadcasting's Services to Minorities and Diverse Audiences report indicates that "African - Americans have the highest cable penetration at 83 percent vs. the U.S. average of 79 percent." ➢ A Pew Internet and Family Life Project report found that both Hispanics and African Americans have higher average monthly spending on information goods (cable TV, premium channels, phone, cell phone, online content) than Caucasians —$131 compared to $124 per month. ➢ A study by Rutgers University found that "minority, low- income urban areas consume a disproportionately high amount of advanced telecommunications and premium cable TV services." Additionally, the study found that "many inner -city households prefer cable TV service to telephone service. These households believe, a) cable TV offers inexpensive entertainment; b) the many hours and large variety of entertainment provides more satisfaction to more members of the household than telephone conversations; c) cable may keep children at home and away from dangerous streets; and d) cable offers a visible sign of well -being in households with few material comforts." ➢ In a study about why people subscribe to cable TV services, Robert Kieschnick of the Federal Communications Commission states: "Household income is not a significant influence on a household's decision to subscribe to cable television." Horowitz Associates, a market research firm that conducts studies for cable industry clients, determined that the highest growth areas for cable TV and broadband services are in minority neighborhoods. The study states, "Importantly, the data show strong growth potential for many new cable and broadband services among multicultural, urban consumers. For example, market potential for digital cable in urban markets is on par with the national average, hovering at around 45 %. Potential is highest among African - Americans, Latinos and Asians. Consumers interviewed for our urban markets study are also more likely to be willing to pay for many of the premium digital features like VOD, PVR capability, and home networking than are consumers in our national State of Cable and Broadband 2003 study. This translates to even more opportunities for incremental revenue in this key, urban marketplace." As these studies indicate, not offering services to minority, urban or low- income communities doesn't make economic or business sense. The cable TV market is not like the banking and insurance industries where redlining practices have been issues in the past. These markets will be coveted by new 17 67 entrants to the TV market. The cable incumbent knows this, but raises the specter of redlining and discrimination regardless because it is desperate to stop competitors from entering the market. As Virginia Jarrow of the Consumers Coalition and others have stated, redlining claims are simply an effort to erect barriers to competitive entry. Notwithstanding the foregoing, Applicant represents that it will comply with all federal and state law requirements prohibiting economic redlining or "cherry picking" and will agree to include specific provisions in the franchise to that effect. Further, Applicant is more than willing to meet periodically with the city to show them the existing Prism footprint overlaid on a map. Applicant looks forward to bringing facilities based video competition to the citizens of Columbia Heights and is more than willing to respond to any questions the City may have either before or during the public hearing scheduled for March 23, 2015 at 7:00 p.m. Subscribed and sworn to before me this 121h day of March, 2015. Notary Public My Commission Expires: Respec ully Sub 'tted Qwest Broadband Services, Inc. d /b /a CenturyLink By: Mary Ferguson LaFave 18 DIANNE M. BARTHEL Notary PubIk)-Mhvvwft MYCwWad ionEVhWim31,gm 68 S V ca 0 L. 00 .2, cs vi F Jw c CD A r ►A 1N` W Ali 400 •P■ PM OPO P4 69 TRADE SECRET/PRIVILEGED INFORMATION CLASSIFICATION RATIONALE State: Minnesota Description/Title of Information: Qwest Broadband Services, Inc. d/b /a CenturyLink Application for a Competitive Cable Communications Franchise in the City of Columbia Heights Trade Secret /Privileged Designation Rationale: Exhibit B to Qwest Broadband Services, Inc. d /b /a CenturyLink Application for a Competitive Cable Communications Franchise in the City of Columbia Heights contains information that is considered Trade Secret because (1) CenturyLink makes reasonable efforts to ensure its privacy and (2) the data derives actual or potential independent economic value because the information is not generally known to, and not being readily ascertainable by proper means by, other persons who can obtain value from its disclosure or use. For this reason, Exhibit B to Qwest Broadband Services, Inc. d/b /a CenturyLink Application for a Competitive Cable Communications Franchise in the City of Columbia Heights should be protected from public disclosure. 70 Exhibit B In Its Entirety 71 O O p p U U �O �O OU �- �VUO 00 cV0 Uo 0 0 a) o EODU'c �mOU o O c m a m v c: 0 0 0— >'M m 0 ._ M ca 0 0 0 U2LL w��wwU�Ua� -j O w zw >z w O >+ Z �zz �ZU 0 �4- C� �U mCU o i >� m>, •Q .` � m ca a >— = U z Q Q N Q Q Q Q Q o _ C QQU CN> ai a�i 0 CO QQ X a� a)<N U QU¢ �Z zaa)>;Z "� p E a) a) >, >,oU 'a-a0 �NNc�a�� ya'U) > 4- a) J � � L � � n. T E m (n 0 0 i t6 c� —a¢ a) f0 Y m J cm cu O v7 OJU a) - 2O cu U L .0 c� �ZUM �U°O U m -i UaOU O O p p U U �O �O OU �- �VUO 00 cV0 Uo 0 0 a) o EODU'c �mOU o O c m a m v c: 0 0 0— >'M m 0 ._ M ca 0 0 0 U2LL w��wwU�Ua� -j O w zw >z w O >+ Z �zz �ZU 0 �4- C� �U mCU o i >� m>, •Q .` � m ca a >— = Jd C L C L) 72 on 0 PO J Q N Q Q Q Q Q o QQU CN> ai a�i 0 CO QQ X a� a)<N U <<N Q ° 0 Q C Q L a;l c Q a) C a) a) >, >,oU 'a-a0 �NNc�a�� D (n a) U ai � ctsa��� �.� aNi � � 00 �.� � o � � n. L- co (.D Om a0 0CLw 0 ) :3 0 020-MLL c� —a¢ Jd C L C L) 72 on 0 PO Prism- Complete Exhibit D 73 CenturyLink prisl Contact Centuryl-ink �C Sales: 877- 299 -0172 Phoenix Channel Lineup Support: 866 - 314 -4148 Prism- Essential 3 3TV (KTVK) 1129 FX HD 1045 My Network TV HD (KUTPDT) 1003 3TV HD (KTVKDT) 1 29F 1266 National Geographic Channel HD 1167 A &E HD 1131 FXX HD 266 National Geographic Channel 167 A&E 131 FXX 12 NBC(KPNX) 15 ABC (KNXV) 4004 Golavision HD 1012 NBC HD (KPNXDT) 1179 ABC Family HD 3004 Galavislon 1640 NBC SIN HD 179 ABC Family 38 GetTV (KFPHDT2) 640 NBC SN 1015 ABC HD (KNXVDT) 1641 Golf Channel HD 20 NBC Weather Plus (KPNXDT2) 1798 AMC HD 641 Goff Channel 1630 NFL Network HD 796 AMC 1176 Hallmark Channel HD 630 NFL Network 16 Antenna TV (KNXVDT2) 176 Hallmark Channel 629 NFL RedZone (Pay Per View) 1105 AXS TV 1106 HDNet Movies 1629 NFL RedZone HD (Pay Per View) 13 AZ -TV (KAZT) 1451 HGTV HD 1638 NHL Network HD 1013 AZ -TV HD (KAZTDT) 451 HGTV 638 NHL Network 41 Aztecs America (KPDFCA) 271 History 1314 Nickelodeon HD 310 Baby First TV 1203 HUN HD 314 Nickelodeon 1156 BET HD 203 HLN 1368 Oxygen NO 156 BET 1422 Home Shopping Network HD 366 Oxygen 1222 Bloomberg HD 19 Home Shopping Network 1683 PAC 12 Arizona HD 222 Bloomberg 422 Home Shopping Network 663 PAC 12 Arizona 327 Boomerang 1261 ID HD 106 Pay Per View Events HD 1182 Bravo HD 261 ID 1101 Pay Per View Events HD 182 Bravo 51 ION (KPPX) 101 Pay Per View Events 1650 BTN NO 1051 ION NO (KPPXDT) 8 PBS Eight (KAET) 650 BTN 1428 Jewelry Television HD 1008 PBS Eight HD (KAETDT) 1651 BTN2 HD 17 Jewelry Television 8006 Phoenix Educational Access 651 BTN2 428 Jewelry Television 8005 Phoenix Government Access 1652 BTN3 HD 1168 Justice Central HD 8014 Pint County Government Access 652 BTN3 168 Justice Central 9161 Premier League Extra Time 1 HD 1230 C -SPAN HD 4 KPHO Weather Now (KPHODT2) 9151 Premier League Extra Time 1 230 C -SPAN 1361 Lffame HD 9162 Premier League Extra Time 2 HD 1231 C-SPAN2 HD 361 Lifetime 9152 Premier League Extra Time 2 231 C-SPAN2 364 Lifetime Real Women 9163 Premier League Extra Time 3 NO 1327 Cartoon Network HD 1362 LMN HD 9153 Premier League Extra Time 3 326 Cartoon Network 362 LMN 9164 Premier League Extra Time 4 HD 5 CBS (KPHO) 5129 MC 770s 9154 Premier League Extra Time 4 1005 CBS HD (KPHOOT) 5128 MC ?805 9165 Premier League Extra Time 5 HD 411 CenturyUnk Information 5127 MC 790s 9155 Premier League Extra Time 5 1411 Centuryl-ink Information 5116 MC Adult Altemative 90 Prism Applications 8015 City of Casa Grande 5115 MC Alternative 92 Prism Games 8003 City of Chandler Educational Access 5146 MC Blues 301 Prism Kids 8002 City of Chandler Government Access 5134 MC Classic Country 201 Prism News 8004 City of Gilbert Government Access 5118 MC Classic Rock it Prism PEG Channels 80D7 City of Glendale Government Access 5149 MC Classical Masterpieces 601 Pdsm Sports 8008 City of Madcopa Government Access 5135 MC Contemporary Christian 1420 QVC HD 8010 City of Mesa Educational Access 5133 MC Country Hits 18 QVC 8011 City of Mesa Government Access 5103 MC Dance 420 QVC 8009 City of Peoria Government Access 5148 MC Easy Listening 1799 ReeIZ Channel HD 6001 City of Scottsdale Government Access 5111 MC Gospel 799 Reelz Channel 8013 City of Surprise Government Access 5105 MC Hip-Hop and R &B 1424 ShopHQ NO 8012 City of Tempe Government Access 5107 MC Hip-Hop Classics 424 ShopHO 1526 CMT HD 5101 MC Hit List 1146 Spike TV NO 526 CMT 5104 MC India 146 Spike TV 1216 CNBC HD 5145 MC Jazz 1337 Sprout HD 216 CNBC 5124 MC Kidz Oniyl 337 Sprout 1202 CNN HD 5150 MC Light Classical 1162 Syry, HD 202 CNN 5120 MC Love Songs 152 Syfy 1141 Comedy Central HO 5114 MC Metal 21 TBN (KPAZ) 141 Comedy Central 5138 MC Mexicans 1560 TBN HD 48 Daystar (KDTP) 5137 MC Musics Urbana 560 TBN 1121 Discovery Channel HD 5122 MC Party Favorites 1113 TBS HD 121 Discovery Channel 5131 MC Pop Country 113 TBS 1303 Disney Channel HD 5121 MC Pop Hits 5123 Teen MC 303 Disney Channel 5136 MC Pop LaBrlo 39 Telamundo (KTAZ) 9999 DVR 5102 MC Pop Rhythmic 3007 Telemundo (KTAZ) 8016 Dysart Schools Educational Access 5109 MC R &S Classics 1039 Telemundo HD (KTAZDT) 1134 El HD 5110 MC R &S Soul 6 The CW (KASW) 135 El 5106 MC Rap 1006 The CW HD (KASWDT) 9 Eight Life (KAETDT2) 5112 MC Reggae 1225 The Weather Channel NO 7 Eight World (KAETD73) 5117 MC Rock Hits 225 The Weather Channel 603 ESPN Classic 5113 MC Rock 2 This TV (KTVKDT2) 1602 ESPN HD 5140 MC Romances 1251 TLC HD 27 ESPN 5147 MC Singers & Swing 251 TLC 602 ESPN 5144 MC Smooth Jazz 1109 TNT HD 1606 ESPN2 NO 5119 MC Soft Rock 109 TNT 28 ESPN2 5130 MC Solid Gold Oldies 1255 Travel Channel HD 606 ESPN2 5141 MC Sounds ofthe Seasons 255 Travel Channel 1562 EWTN HD 5143 MC Soundscapes 1164 truTV HD 562 E WTN 5142 MC Stage & Screen 165 lruTV 40 Exilos (KTAZDT2) 5106 MC Throwback Jams 1139 TV Land HD 1453 Food Network HD 5132 MC Today ?$ Country 139 TV Land 453 Food Network 5125 MC Toddler Tunes 44 TV44 (KPHELD) 10 FOX (KSAZ) 5139 MC Tmpicales 35 UniMss (KFPH) 1010 FOX No (KSAZDT) 5126 MC Y2K 4005 UniMeS HD 1210 FOX News Channel HD 14 Me-TV (KAZTDT2) 33 Univision (KTV W) 210 FOX News Channel 1634 MILE, Network HD 1033 Univision HD (KTVWDT) 1620 FOX Sports 1 HD 634 MLB Network 1125 USA Network HD 620 FOX Sports 1 46 Moviesl (KUTPDT2) 125 USA Network 9002 FOX Sports Pay Per View HD 1215 MSNBC HD 1102 Velocity HD 9001 FOX Sports Pay Per View 215 MSNBC 1519 VH1 HD 1762 FS Arizona HD 1503 MTV HD 519 VH1 1763 FS Arizona Plus HD 503 MTV 1 Video On Demand 763 FS Arizona Plus 193 Mun2 1180 WGN HD 762 FS Arizona 45 My Network TV(KUTP) 180 WGN Prism- Complete Exhibit D 73 Includes Prism Essential Plan channels 1259 American Heroes Channel HD 381 Esquire TV 505 MTV2 259 American Homes Channel 1211 FOX Business Network HD 315 Nick 2 1253 Animal Planet HO 211 FOX Business Network 1320 Nick Jr HD 253 Animal Planet 647 FOX College Sports Atlantic 320 Nick Jr 1188 BBC America HD 648 FOX College Sports Central 1316 Nicktoons HD 188 BBC America 649 FOX College Sports Paclfic 316 Nicktoons 567 BYU TV 1621 FOX Sports 2 HD 1185 NUVON HD 1643 CBS Sports HD 621 FOX Sports 2 185 NUVON 643 CBS Sports 1535 Fuse HD 1256 Oprah Winfrey Network HD 515 Centric 535 Fuse 257 Oprah Winfrey Network 153 Chiller 1792 FX Movie Channel HD 1680 Outdoor Channel HD 161 Cloo 792 FX Movie Channel 680 Outdoor Channel 527 GMT Pure Country 1272 FYI HD 1531 Ovation HD 1456 Cooking Channel HD 272 FYI 531 Ovation 456 Cooking Channel 1529 Great American Country HD 1258 SCIENCE HD 1465 Destination America HD 629 Great American Country 258 SCIENCE 465 Destination America 1174 GSN HD 1642 Sportsman Channel HD 1335 Discovery Family HO 174 GSN 642 Sportsman Channel 335 Discovery Family 1274 H2 HD 322 Teen Nick 1307 Disney Junior HD 274 H2 507 Tr3s 307 Disney Junior 1794 Hallmark Movies & Mysteries HD 1790 Turner Classic Movies HD 1305 Disney XD HD 794 Hallmark Movies & Mysteries 790 Turner Classic Movies 305 Disney XO 1797 IFC HD - 1157 TV One HD 1454 DIY Network HD 796 IFC 157 TV One 454 DIY Network 564 Inspiration Network 1104 Universal HD 1604 ESPN News HD 466 Life 521 VH1 Classic 604 ESPN News 184 Logo 522 VH1 Soul 1605 ESPNU HD 609 MTV Hits 1372 WE NHD 605 ESPNU 510 MTV U 373 WE N 1380 Esquire TV HD 1505 MTV2 HO 132 Youtoo America Prism- Preferred Includes Prism, Complete Plan channels 220 At Jazeera America 1172 MyDes6natlon.TV HO 1852 Showtime HD (E) 159 ASPIRE 172 MyDestination.TV 1853 Showtime HD (W) 1470 AWE HD 1264 NASA TV HD 864 Showtime Next (E) 470 AWE 264 NASA TV 865 Stwwtime Next (W) 1219 BBC World News HD 1267 Not Goo Wild HO 1864 Showtime Next HD (E) 219 BBC World News 267 Nat Goo Wild 1865 Showlime Next HD (W) 1540 Blue Highways TV HD 1209 One America News Network HD 880 Showtime On Demand 540 Blue Highways TV 209 One America News Network 1880 Showlime On Demand 1232 CSPAN3 HD 1678 Outside TV HD 856 Showtime Showcase (E) 232 GSPAN3 67a Outside TV 857 Showtime Showcase (W) 1169 Cars.TV HD 1684 PAC 12 Bay Area HD 1856 Showtime Showcase HD (E) 169 Cars.TV 684 PAC 12 Bay Area 1857 Showl!me Showcase HD (W) 217 CNBC Word 1665 PAC 12 Los Angeles HO 866 ShowUme Women (E) 205 CNNI 6B5 PAC 12 Los Angeles 867 Showtime Women (W) 1142 Comedy.TV HD loss PAC 12 Mountain HD 1866 Showlime Women HD (E) 142 Comedy.TV 686 PAC 12 Mountain 1867 Showfime Women HD (W) 1163 Crime & Investigation HD 1687 PAC 12 Oregon HD 118 Smithsonian Channel (E) 163 Crime & investigation 687 PAC 12 Oregon 119 Smithsonian Channel (W) 263 DoD News 1688 PAC 12 Washington HD 1118 Smithsonian Channel HD (E) 932 ENCORE (E) 688 PAC 12 Washington 1119 Smithsonian Channel HD (W) 933 ENCORE (W) 1682 PAC12 Network HD 1791 Sony Movie Channel HO 938 ENCORE Action (E) 682 PAC12 Network 791 Sony Movie Channel 939 ENCORE Action (W) 1170 Pets.TV HO 902 Stsrzl (E) 1938 Encore Action HD (E) 170 Pets.TV 903 Starz! (W) 942 ENCORE Black (E) 1492 Pivot HD 908 Starzl Cinema (E) 943 ENCORE Black (W) 492 Pivot 909 Starzl Cinema (W) 1942 Encore Black HO (E) 1787 PixL HD 1908 Starz! Cinema HD (E) 934 ENCORE Classic (E) 787 Pixt. 910 Storzl Comedy (E) 935 ENCORE Classic (W) 1456 Recipe.TV HD 911 Starzl Comedy (W) 1934 ENCORE Classic HD (E) 458 Recipe.TV 1910 Starzl Comedy HO (E) 946 ENCORE Espanol 1916 Retmplex HD 904 Starz! Edge (E) 944 ENCORE Family (E) 916 Retmplex 905 Stan! Edge (W) 945 ENCORE Family (W) 1538 Revolt HD 1904 Starzl Edge HD 1932 Encore HD (E) 538 Revolt 1902 Starzl HD (E) 1933 Encore HD (W) 1476 RFD TV HD 1903 Starzl HD (N) 951 ENCORE On Demand 476 RFD TV 906 Start In Black (E) 1951 Encore On Demand 474 RLTV 907 Starzi In Black (W) 936 ENCORE Suspense (E) 1607 SEC Network HD 1906 Starzl In Black HD 937 ENCORE Suspense (W) 1606 SEC Network Overflow 1 HD 912 StarzI Kids and Family (E) 1936 ENCORE Suspense HD (E) 608 SEC Network Overflow 1 913 Star' Kids and Family (W) 940 ENCORE Westerns (E) 1609 SEC Network Overflow 2 HD 1912 Star' Kids and Family HO 941 ENCORE Westerns (W) 6D9 SEC Network Overflow 2 931 Starzl On Demand 1133 ES.TV HD 607 SEC Network 1931 Starz! On Demand 133 ES.TV 1789 Shorts HD 575 The Word Network 890 Flix (E) 789 Shorts 882 TMC (E) 892 Flix On Demand 652 Showtime (E) 883 TMC (W) 1892 Flix On Demand 853 Showlime (W) 1882 TMC HD (E) 1656 Go) TV HD 854 Showtime 2 (E) 1883 TMC HD (W) 656 GolTV (English) 856 Showt!me 2 (W) 886 TMC On Demand 672 HRTV 1854 Showtime 2 HD (E) 1868 TMC On Demand 1914 Indieplex HD 1855 Showt!me 2 HD (W) 884 TMC Xtra (E) 914 Indieplex 860 Showtime Beyond (E) 685 TMG Xtra (W) 1590 Jewish Broadcasting Service HD 861 Showtime Beyond (W) 1884 TMC Xtra HO (E) 590 Jewish Broadcasting Service 1860 Showtime Beyond HD (E) 1885 TMC Xtra HD (W) 1147 MAVTV HD 1661 Showtime Beyond HD (W) 670 TVG 147 MAVTV 058 Showtime Extreme (E) 644 Universal Sports 1118 MGM HD 869 Showtime Extreme (W) 1644 Universal Sports HD 116 MGM 1656 Showtime Extreme HD (E) 1559 UP HD 276 Military History 1859 Showtime Extreme HO (W) 559 UP 1788 MOVIEPLEX HD 862 Showtime Family (E) 1679 World Fishing Network HD 788 MOVIEPLEX 863 Showtime Family (W) 679 Wodd Fishing Network Prism- Premium Includes Prism Preferred Plan channels. 1640 5 Star Max HD 811 HBO Comedy (W) 812 HBO Zone (E) 840 5 Star Max 1810 HBO Comedy HD (E) 813 HBO Zone (W) 836 ActionMAX (E) 1811 HBO Comedy HD (Wj 1812 HBO Zone HD (E) 837 ActionMAX (W) 806 HBO Family (E) 1813 HBO Zone HD (W) 1836 ActionMAX HD (E) 807 HBO Family (W) 1804 HB02 HD (E) 74 1837 ActionMAX HD (W) 1806 HBO Family HD (E) 1805 HB02 HD (W) 1846 Cinemax HD 1607 HBO Family HD (W) 834 MoreMAX (E) 846 Cinemax 1802 HBO HD (E) 835 MoreMAX (W) 832 Cinemax (E) 1803 HBO HD (W) 1834 MoreMax HD (E) 833 Cinemax (W) 814 HBO Latino (E) 1835 MoreMax HD (W) 1832 Cinemax HD (E) 815 HBO Latina (W) 1842 Mode MAX HD 1833 Cinemax HD (W) 1814 HBO Latino HD (E) 842 MovieMAX 850 Cinemax On Demand 1815 HBO Latino HO (W) 1844 Outer Max HD 1850 Cinemax On Demand 830 HBO On Demand 844 OutetMAX 802 HBO (E) 1830 HBO On Demand 838 ThdllerMAX(E) 803 HBO (W) 808 HBO Signature (E) 839 ThdllerMAX(W) 804 HBO 2 (E) 809 HBO Signature (W) 1838 ThdllerMax HD (E) 805 HBO 2 (W) 1808 HBO Signature HD (E) 1839 ThdllerMax HD (W) 810 HBO Comedy (E) 1809 HBO Signature HD (W) 904 Storz! Edge (E) Premium Packages Available as Add -ons: Preferred and Premium plans include select Add -en Channels. Cinemax Add -on Package 1640 5 Star Max HD 833 Cinemax (W) 1942 Movie MAX HD 640 5 Star Max 1832 Cinemax HD (E) 842 MD168MAX 836 AcBonMAX(E) 1833 Cinemax HD (W) 1844 Outer Max HD 837 ActionMAX (W) 850 Cinemax On Demand 844 OuterMAX 1836 AcBonMAX HD (E) 1850 Cinemax On Demand 838 ThdilerMAX (E) 1831 ActionMAX HD (W) 834 MoreMAX (E) 839 ThdllerMAX (W) 1846 Cfnem7x HD 835 MoreMAX (W) 1838 ThdllerMax HD (E) 845 Clnem7x 1834 MoreMax HD (E) 1839 ThdllerMax HD (W) 832 Cinemax (E) 1835 MoreMax HD (W) 3024 TV Chile International -Al -Carte Add -on Package 374D At Jazeera America 371 D Bollywood Hits on Demand 3862 Channel One Russia 36D3 China Central TV 36D4 CTI -Zhong Tian Channel Paquete Latino Add -on Package 3682 Filipino on Demand 3703 TV Asia 3802 Rai Italia 3680 TV Japan 3704 Sony Entertainment Television Asia (SET 3832 TVs Monde Asia) 3702 Zee TV 3706 STAR India PLUS 3681 The Filipino Channel 3148 Bandamax 3102 Discovery an Espanol 3056 La Familia Cosmovision 3053 Boomerang an Espanol 3103 Discovery Familia 3017 Latele Novela 3022 Cable Nolic!as 3051 Disney an Espanol 3149 Rltmoson Latino 3054 Cartoon Network an Espanol 3052 Disney XD Espanol 3078 TBN Enlace 3025 Cine Mexican 3302 ESPN Deportes 3143 7elehit 3127 Gins Sony 3077 EWTN an Espanol 3024 TV Chile 3202 CNN an Espanol 3303 FOX Deportes 3013 WAPA Amadca 3128 De Peikula 3304 GoITV 884 TMC Xtra (E) 3129 De Pellcula Claslco 3104 History an Espanol 858 Showtime Extreme (E) 857 Show6me Showcase (W) StarVEncore Add -on Package TMC Xtre HD (E) 859 Showtime Extreme (W) 1856 Showilme Showcase HD (E) 1885 932 ENCORE (E) 1951 Encore On Demand 910 Starzi Comedy (E) 933 ENCORE M9 936 ENCORE Suspense (E) 911 Starzl Comedy (W) 936 ENCORE Action (E) 937 ENCORE Suspense (W) 1910 Starzl Comedy HD (E) 939 ENCORE Action (W) 1936 ENCORE Suspense HD (E) 904 Storz! Edge (E) 1938 Encore Action HD (E) 940 ENCORE Westerns (E) 905 Staml Edge (W) 942 ENCORE Black (E) 941 ENCORE Westerns (W) 1904 Starzl Edge HD 943 ENCORE Black (W) 1914 Indiepiex HD 1902 Starzl HD (E) 1842 Encore Black HD (E) 914 Indieplex 1903 Steal HD (W) 934 ENCORE Classic (E) 1768 MOVIEPLEX HD 9D6 Stand In Black (E) 935 ENCORE Classic (W) 788 MOVIEPLEX 907 Starzi In Black (W) 1934 ENCORE Classic HD (E) 1916 Retmpiex HD 1906 Starzl In Black HD 946 ENCORE Espanol 916 Retmplex 912 Starzi Kids and Family (E) 944 ENCORE Family (E) 902 Stem! (E) 913 Starzl Kids and Family (W) 945 ENCORE Family (W) 903 Starz! (W) 1912 Starzi Kids and Family HD 1932 Encore HD (E) 908 Starz! Cinema (E) 931 Starzl On Demand 1933 Encore HD (W) 909 Starzl Cinema (W) 1931 Sta zi On Demand 951 ENCORE On Demand 1908 Starzl Cinema HD (E) Showtime Add -on Package 890 RIX(E) 1858 ShowtIme Extreme HD (E) 1857 Showtime Showcase HD (W) 892 Flix On Demand 1859 Showlime Extreme HD (W) 866 Showlime Women (E) 1892 FIN On Demand 862 Showtime Family (E) 867 Showtime Women (W) 852 Showilme (E) 863 Showlime Family (W) 1866 Showdme Women HD (E) 853 ShowMme (W) 1852 Showtime HD (E) 1867 Showtime Women HO (W) 854 Showtime 2 (E) 1853 Showtime HD (W) 882 TMC (E) ass Showtime 2(W) 864 Showlime Next (E) 883 TMC (W) 1854 Showlime2 HD (E) 965 Showilme Next (W) 1882 TMC HD (E) 1855 Showtime 2 HD (W) 1864 Showtime Next HD (E) 1883 TMC HD (W) 860 Showlime Beyond (E) 1865 ShowOme Next HD (W) See TMC On Demand 861 ShowBme Beyond (W) 880 Showtime On Demand 1888 TMC On Demantl 1860 Showtime Beyond HD (E) 1880 Showlime On Demand 884 TMC Xtra (E) 1881 Showtime Beyond HD (W) 856 Showtime Showcase (E) 885 TMC Xtra (W) 858 Showtime Extreme (E) 857 Show6me Showcase (W) 1884 TMC Xtre HD (E) 859 Showtime Extreme (W) 1856 Showilme Showcase HD (E) 1885 TMC Xtra HD (W) HBO Add -on Package 802 HBO (E) 1806 HBO Family HD (E) 808 HBO Signature (E) 803 HBO (W) 1807 HBO Family HD (W) 809 HBO Signature (W) 804 HBO 2 (E) 1802 HBO HD (E) 1808 HBO Signature HO (E) 805 HBO 2 (W) 1603 HBO HD (W) 1809 HBO Signature HD (W) 810 HBO Comedy (E) 814 HBO Latina (E) 812 HBO Zone (E) 811 HBO Comedy(W) 815 HBO Latino (W) 813 HBO Zone (W) 1810 HBO Comedy HD (E) 1814 HBO Latino HD (E) 1812 HBO Zone HD (E) 1611 HBO Comedy HD (W) 1815 HBO Latina HD (W) 1813 HBO Zone HD (W) 806 HBO Family (E) 830 HBO On Demand 1804 HB02 HD (E) 75 807 HBO Family (W) 1830 HBO On Demand 1805 H8O2 HD (W) 76 �i C) 0 0) 0 0 601 LO 69' 6s' a) .-1 C O I Q E � U L co 0— 0� C .J L Q� •1 li 111 77 CITY COUNCIL LETTER Meeting of March23, 2014 AGENDA SECTION: Public ORIGINATING DEPARTMENT: CITY Hearings Fire MANAGER NO: 8 -2 APPROVAL ITEM: Adopt Resolution For BY: Gary Gorman BY: be 41"', Revocation DATE: March 17, 2015 DATE: 3 NO: 2015 -25 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against rental properties at: 2015 -25 — 4801 Jefferson Street N.E. for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution Number 2015 -25, being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution Number 2015 -25, being a Resolution of the City Council of the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed. COUNCIL ACTION: 78 RESOLUTION 2015 -25 Resolution of the City Council for the City of Columbia Heights approving revocation pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of that certain residential rental license held by Christopher J Roberts (Hereinafter "License Holder "). Whereas, the license holder is the legal owner of the real property located at 4801 Jefferson Street N.E., Columbia Heights, Minnesota. Whereas, pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(B), written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the License Holder on February 26, 2015 of a public hearing to be held on March 23, 2015. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. That on or about January 26, 2015 inspection office staff sent a letter requesting the owner of the property submit the rental license application for this property. The letter was mailed by regular mail to the owner at the address listed in the property records. 2. That on February 26, 2015 inspection office staff reviewed the property file and noted that the property remained unlicensed. A Statement of Cause was mailed by regular mail to the owner at the address listed in the property records. 3. That based upon said records of the Enforcement Office, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: a. Failure to submit a rental license application. 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code, Chapter 5A, Article III 5A.306 and 5A.303(A). ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number UN4801 -15 is hereby revoked. 2. The City will post for the purpose of preventing occupancy a copy of this order on the building covered by the license held by License Holder. 79 All tenants shall remove themselves from the premises within 45 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this day of 2015 Offered by: Second by: Roll Call: Mayor Gary L. Peterson Attest: Katie Bruno City Clerk/Council Secretary 80 CITY COUNCIL LETTER Meeting of. March 23, 2015 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Public Hearings. 8 -3 Community Development APPROVAL ITEM: Second Reading of Ordinance No. 1620 BY: Loren Wickham BY: ///* On -Sale Brewer Taproom and Off -Sale Brewer DATE: March 17, 2015 Taproom Licenses and Requirements Background: Staff has prepared Ordinance No. 1620 to add the following licenses: • On -Sale brewer /taproom,(nothing in this provision would preclude them from operating a restaurant commonly referred to as a Brewpub) • Off -sale brewer /taproom, (allows brewers to sell their beer off -sale to the public in growlers) If the ordinance is adopted staff will prepare a resolution to amend the fee schedule to add license fees for On- Sale brewer /taproom and off -sale brewer /taproom licenses at an upcoming meeting. Recommendation: Staff recommends adoption of Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and Requirements as written. Recommended Motion: Motion: Move to waive the reading there being ample copies available to the public. Motion: Move to adopt Ordinance No. 1620 On -Sale Brewer Taproom and Off -Sale Brewer Taproom Licenses and Requirements as written, and authorize staff to publish a summary of Ordnance No. 1620. Attachments: Ordinance No. 1620 Summary of Ordinance No. 1620 COUNCIL ACTION: 81 ORDINANCE NO. 1620 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO ON -SALE BREWER TAPROOM AND OFF -SALE BREWER TAPROOM LICENSES AND REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 5, Article 5, Section 5.501 of the Columbia Heights City Code, is proposed to include the following additions: § 5.501 DEFINITIONS. Brewer taproom: a facility on or adjacent to premises owned by a brewer licensed under Minn. Statute section 340A.301, Subd. 6(c), (i) or 0) and produces less than two hundred fifty thousand (250,000) barrels of malt liquor annually, and where the on -sale and consumption of malt liquor produced by the brewer is permitted pursuant to Minn. Statute section 340A.301, Subd. 6(b). Chapter 5, Article 5, Section 5.502 of the Columbia Heights City Code, is proposed to include the following additions: 5.502.A On -sale brewer taproom (a) A brewer licensed under Minnesota Statute Section 340A.301, Subd. 6(c), (i), or 0) may be issued an on -sale liquor license for the "on sale" of malt liquor subject to the following conditions: (1) The on -sale of malt liquor may only be made during the days and hours that "on- sale" of liquor may be made. (2) A brewer may only hold one (1) brewer taproom license under this chapter. (3) The only beverage alcohol that may be sold or consumed on the premises of a brewery taproom will be the malt liquor produced by the brewer. (4) All other provisions of this chapter shall be applicable unless inconsistent with the provisions of this section. (5) The annual license fee shall be as established in the license fee schedule for on sale beer licenses. (6) Licensed brewer taprooms may operate a restaurant on the premises without additional licensure 82 Chapter 5, Article 5, Section 5.502 of the Columbia Heights City Code, is proposed to include the following additions: 5.502.B Off -sale brewer taproom (a) A brewer licensed under Minnesota Statute 340A.301, Subdivision 6(d), (i), or 0) may be licensed for the 'off- sale" of malt liquor produced and packaged on the licensed premises, subject to the following conditions: (1) Off -sale of malt liquor may only be made during the hours that "off- sale" of liquor may be made; (2) The malt liquor shall be packaged in sixty- four -ounce containers commonly known as "growlers" or in seven hundred fifty (750) milliliter bottles; (3) The malt liquor sold at "off- sale" must be removed from the licensed premise before the applicable closing time at exclusive liquor stores; (4) The "growler" must be sealed in such a manner that the seal must be broken in order to open the container and the seal must bear the name and address of the brewer, and the legend "Not for Consumption in Public" must be prominently displayed on the seal. (b) "Off- sale" malt liquor premises shall not be subject to the requirement that they be in excess of two thousand (2,000) feet from another "off- sale" liquor premise. (c) The annual license fee shall be as listed in the License Fee Schedule This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: March 9, 2015 Schmitt Nawrocki All Ayes March 23, 2015 Mayor Gary L. Peterson Attest: Katie Bruno, City Clerk/Council Secretary 83 City of Columbia Heights (Official Publication) ORDINANCE NO. 1620 BEING AN ORDINANCE AMENDING CHAPTER 5, ARTICLE V LIQUOR AND BEER OF THE CITY CODE RELATING TO ON -SALE AND OFF SALE BREWER TAPROOM REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Chapter 5, Article V, Section 5.501, 5.502A & 5.502B of the Columbia Heights City Code, On Nlarch 23, 2015, the Columbia Heights City Council adopted Ordinance No. 1620. A copy of Ordinance 1620 is on file and available for public viewing at the office of the City Clerk. The ordinance is also posted in its entirety on the City's website, located at www.ci.columbia- heights.mn.us. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: March 9, 2015 Second Reading: March 23, 2015 Mayor Gary L. Peterson Katie Bruno, City Clerk 84 CITY COUNCIL LETTER Meeting o£ March 23, 2015 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: Public Hearing 8-4 Community Development APPROVAL ITEM: Second Reading of Ordinance No. 1621 BY: Joe Hogeboom BY: /Wol Medical Marijuana Manufacturing and DATE: March 18, 2015 Dispensaries Moratorium Background: The State of Minnesota, through the passage of the Medical Cannabis Therapeutic Research Act of 2014, has legalized certain types of medicinal marijuana, effective July 15, 2015. Currently, only individuals with very serious diseases will be eligible to be prescribed medical marijuana. Coinciding with the passage of the Medical Cannabis Therapeutic Research Act of 2014, the state will allow certain establishments to manufacture and dispense medical marijuana. Because medical marijuana manufacturing and distribution is a new land use in Minnesota, it is necessary for the City to study the use and determine proper zoning and land use controls. This proposed moratorium, which is proposed to be effective for one year, will allow staff time to study the use and make a recommendation for an amendment to City Code to regulate it. The City Council approved Ordinance No. 1621 upon first consideration on March 9, 2015. Recommendation: Staff recommends Ordinance No. 1621 as written with the knowledge that this document has been reviewed and approved for language by the City Attorney. Recommended Motion: MOTION: Move to waive the reading of Ordinance No. 1621, there being an ample amount of copies available to the public. MOTION: Move to approve Ordinance No. 1621 upon second reading, and authorize staff to publish a summary of Ordnance No. 1621. Attachments: Ordinance No. 1621 Summary for publication COUNCIL ACTION: 85 ORDINANCE NO. 1621 BEING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON MEDICAL CANNIBIS OR MARIJUANA MANUFACTURING AND DISTRIBUTION FACILITIES PENDING COMPLETION OF A PLANNING STUDY ASSESSING THE NEED FOR AN AMENDMENT TO THE CITY OF COLUMBIA HEIGHTS' OFFICIAL CONTROLS Section 1: WHEREAS, the State of Minnesota, through its passage of 2014 Session Laws, Chapter 311, §§ 1 -22, the Medical Cannabis Therapeutic Research Act of 2014 (the "Act "), Minnesota's fist law authorizing and regulating the use, manufacturing and distribution of medical marijuana in the forms of pills, liquids and oils; and WHEREAS, medical marijuana manufacturing and distribution facilities represent a new land use not presently addressed in the City's official controls and never previously studied by the City; and WHEREAS, the Act requires that approved manufacturers operate a total of eight distribution facilities, evenly dispersed throughout the state; and WHEREAS, the Act prohibits dispensaries near schools and co- location with healthcare practitioners, but does not preclude the City from placing additional location limitations or regulatory requirements on medical marijuana manufacturing and distribution facilities; and WHEREAS, to protect the health, safety and welfare of the citizens of Columbia Heights, City staff must study the need for amendments or additions to the City's official controls to address medical marijuana manufacturing and distribution Section 2: The City of Columbia Heights does ordain: A moratorium shall be placed on any and all medical marijuana manufacturing and distribution facilities. For the duration stated herein and until the City has completed a study of the need for amendments or additions to the City's official controls to protect the public health, safety and welfare, the City shall not accept, issue or process any application for use of real property anywhere in the City for the purpose of a medical marijuana manufacturing or distribution centers. This moratorium shall apply, without limitation, to comprehensive land use plan amendments, requests for rezoning, subdivisions, variances, conditional use permits, site plan review applications and building permits for the construction or operation of medical marijuana manufacturing or distribution centers. 86 During the period of this moratorium, City staff will conduct a study of the official controls, including appropriate permitting, licensing, land use controls and development standards that may need to be adopted or revised to protect the public health, safety and welfare of the citizens. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage, and without further action from the City Council, throughout one year from its effective date. The duration of the moratorium established under this Section may be extended by adoption of an amendment hereto for a total time not to exceed the limits set forth in Minnesota Statutes Section 462.355, subd. 4, as amended from time to time. First Reading Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: March 9, 2015 Williams Schmitt All Ayes March 23, 2015 Mayor Gary L. Peterson Attest: Katie Bruno Council Secretary /City Clerk 87 City of Columbia Heights (Official Publication) ORDINANCE NO. 1621 BEING AN INTERIM ORDINANCE IMPOSING A MORATORIUM ON MEDICAL CANNIBIS OR MARIJUANA MANUFACTURING AND DISTRIBUTION FACILITIES PENDING COMPLETION OF A PLANNING STUDY ASSESSING THE NEED FOR AN AMENDMENT TO THE CITY OF COLUMBIA HEIGHTS' OFFICIAL CONTROLS THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: On March 23, 2015, the Columbia Heights City Council adopted Ordinance No. 1621. A copy of Ordinance 1621 is on file and available for public viewing at the office of the City Clerk. The ordinance is also posted in its entirety on the City's website, located at www.ci.columbia- heights.mn.us. This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: March 9, 2015 Second Reading: March 23, 2015 Mayor Gary L. Peterson Katie Bruno, City Clerk 88