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
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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.
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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
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CITY COUNCIL LETTER
Meeting of: March 9, 2015
AGENDA SECTION: Public Hearings
NO: 8 -1
ORIGINATING DEPARTMENT:
CITY MANAGER'S
CITY MANAGER'S
APPROVAL
ITEM: PUBLIC HEARING TO CONSIDER AN
BY: KELLI BOURGEOIS
BY:
APPLICATION FOR COMPETITIVE CABLE
DATE: 3 -20 -15
DATE:
COMMUNICATIONS FRANCHISE FROM QWEST BROADBAND
SERVICES D /B /A CENTURYLINK
NO:
Earlier in the year, CenturyLink indicated to City staff that the company was interested in
pursuing a cable television franchise with the City. 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.
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• 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
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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
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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.
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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.
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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)
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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.
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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.
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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.
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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
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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
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Exhibit D
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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)
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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
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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