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HomeMy WebLinkAbout11-27-2017OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 27, 2017 The following are the minutes for the regular meeting of the City Council held at 7:00 PM on Monday November 27, 2017 in the City Council Chambers, City Hall, 590 40th Ave. N.E., Columbia Heights, Minnesota 1. CALL TO ORDER /ROLL CALL Mayor Schmitt called the meeting to order at 7:04 p.m. Present: Mayor Schmitt, Councilmember Williams, Councilmember Buesgens, Councilmember Murzyn, Jr. and Councilmember Novitsky Also Present: Walt Fehst; City Manager, Jim Hoeft; City Attorney, Kelli Bourgeois: Human Resource Director /Assistant to the City Manager, Lenny Austin; Police Chief, Gary Gorman; Fire Chief, Keith Dahl; Economic Development Manager, Andy Museus; Sergeant, Josh Huebner; Community Policing Coordinator, and Katie Bruno; City Clerk /Council Secretary 2. INVOCATION Invocation provided by Linda McCollough, Community United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. MISSION STATEMENT, Read by Mayor Schmitt. Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally - responsible and customer friendly manner. S. APPROVAL OF AGENDA Mayor Schmitt announced item 813 will be removed; the properties have satisfied the requirements. Mayor Schmitt announced there is a change to the fee schedule, due to a duplication. Motion by Councilmember Buesgens, seconded by Councilmember Murzyn, Jr. to approve the agenda as amended. All Ayes, Motion Carried. 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 November 13, 2017 MOTION: Move to approve the minutes of the City Council Work Session, November 6, 2017 MOTION: Move to approve the minutes of the City Council Work Session, October 23, 2017 B. Consideration of adoption of the City of Columbia Heights Fee Schedule *Removed for discussion City Council Minutes November 27, 2017 Page 2 of 12 C. Consideration of Joint Powers Agreement with Anoka County for Assessment Services MOTION: Move to approve the Joint Powers Agreement with Anoka County for assessment services, effective January 16, 2018 through January 15, 2023, and to authorize the Mayor and City Manager to execute the agreement. D. Consideration of Resolution 2017 -127 Consideration of Resolution 2017 -127 commencing the Comcast Franchise Renewal Process MOTION: Move to waive the reading of Resolution No. 2017 -127, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -127, concerning the commencement of renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. E. Consideration of Resolution 2017 -128 Entering into a Contract with Medica for Employee Health Insurance MOTION: Move to waive the reading of Resolution No. 2017 -128, there being ample copies available to the public. MOTION: Motion to adopt Resolution No. 2017 -128, entering into a contract with Medica for employee health insurance coverage for January 1, 2018 through December 31, 2018 and authorizing the City Manager to sign the contract once it is received. F. Transfer of Funds to Fire Department 2017 Budget. MOTION: Move to waive the reading of Resolution No. 2017 -121, there being ample copies available to the public. MOTION: Motion to adopt Resolution 2017 -121, being a Resolution amending the 2017 Fire Department budget. G. Consideration of approval of attached list of rental housing applications. MOTION: Move to approve the items listed for rental housing license applications for November 27, 2017, in that they have met the requirements of the Property Maintenance Code. H. Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 27, 2017. 1. 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 168187 through 168277 in the amount of $ 376,785.75 Motion by Williams, seconded by Buesgens to approve the Consent Agenda items as amended. All Ayes, Motion Carried. The following item was removed for discussion: 7B. Consideration of adoption of the City of Columbia Heights Fee Schedule. City Manager Walt Fehst explained that the Recreation Department has both 2018 and 2019 fees included. Mayor Schmitt reported the following change to the library fee section; deletion of the first two fees, they are addressed further down. City Council Minutes November 27, 2017 Page 3 of 12 Library copier .15 copy (public service) .10 (printing from the public internet browser) Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to waive the reading of Resolution No. 2017 -125, there being ample copies available to the public. All Ayes, Motion Carried Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to adopt Resolution No. 2017 -125, approving the 2018 City wide Fee Schedule. All Ayes, Motion Carried 8. PUBLIC HEARINGS A. Consideration of approval of an eight (8) -month provisional license to operate a rental unit within the City of Columbia Heights is requested for the rental property at 1030 Polk Place NE. Police Chief Lenny Austin reported that a trend of criminal and nuisance activity at the property was noticed in July of 2017. Requests to meet with the landlord were declined by the property management company. Austin reported that since Invitation Homes LLC purchased the property in November 2013, calls for service have increased significantly. From 2000 -2013 (pre Invitation Homes), there were 14 calls for service in 13 years. Since 2013 (when Invitation Homes purchased the property) there have been 30 calls for service. It was determined that suspects involved in a violent robbery, were "flopping" at the property. Concerns of the Police Department include; property management issues and lack of cooperation from the property management company. Fire Chief Gary Gorman indicated Invitation Homes have a total of 24 properties in the city; this property being the only problematic one. Austin stated the Department's recommendation would be an 8 month provisional license with the following conditions: • Monthly meeting (more if needed) between CHPD (and CHFD if needed) and Invitation Homes to review calls and activity on property and other Invitation Homes properties in Columbia Heights • Provide lease and documentation of backgrounds of all prospective tenants for PD review during Provisional license. • Reduce calls for service to reflect average calls for service from previous years. • Crime Prevention through Environmental Design (CPTED) study to be conducted on the property and implement any reasonable recommendations. • Fulfill all requests to meet with CHPD and CHFD during provisional licensing period. Councilmember Buesgens questioned why revocation is not recommended. Austin stated that because the other 23 properties are well managed, he feels this can be remedied. Officer Josh Huebner reported he contacted the property management company regarding background checks, they indicated that changes to their background checks would be difficult to do for one property. Councilmember Williams commented that our police department has been successful with property management compliance in the past, and he agrees with the recommendation of the department. Mayor Schmitt asked if there have been additional calls to the inspections department other than the long grass complaints. Gorman indicated there was property damage following the recent eviction, all City Council Minutes November 27, 2017 Page 4 of 12 repairs have been made and inspected. Lindsay Cremona, legal counsel for Invitation Homes indicated that Invitation Homes was not aware of the police activity until July 25th. At that time, legal counsel was sought, and the eviction process began. Cremona was not aware, at the time; that Invitation Homes declined to meet with our police department. She reported there may have been a misunderstanding regarding the purpose of the requested meeting. Cremona reported they were told only minors were living at the property, the tenants were contacted, and confirmed they were still living there. Councilmember Buesgens questioned how the company was unaware of multiple property violations. Cremona indicated maintenance is the responsibility of the tenant, and Invitation Homes was not aware of the maintenance concerns until July 24th, at that time they addressed the concerns. Cremona stated that Invitation Homes indicated they wish to cooperate with the city, and she will assure that they do. Councilmember Buesgens suggested the company may be too large, as they have not taken care of this property. Because of the lack of cooperation with the city, the fact that teenagers were living there unattended, 30 calls for service in the last four years, and 22 calls for property inspections, she is not open to allowing a provisional license. Councilmember Murzyn, Jr. stated it is ridiculous that they cannot keep this unit in compliance when they have 23 other units. Councilmember Novitsky stated a little cooperation may have gone a long way. Mayor Schmitt questioned why eight months was decided. Jim Hoeft indicated that was the recommendation of the Fire Department, as it coincides with their licensing schedule. Paula Berg -1100 Pierce Terrace reported she lives next door to the property. She said this has been a terrible situation. She has had numerous large rocks thrown into her pool and raids by the police department. Berg indicated she was treated disrespectfully when she contacted Invitation Homes. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to close the public hearing and to waive the reading of Resolution Number 2017 -122, being ample copies available to the public. All Ayes, Motion carried. Hoeft indicated the council has leverage with the other 23 properties, as any revocation can affect the ability for the company to obtain rental licenses within the city. Councilmember Buesgens was concerned with the response Berg received from the company, and does not trust they will do what they say they will do. Hoeft stated they can have conditions attached to future licenses if the council chooses to do so. Mayor Schmitt questioned where the conditions referred to in the resolution were outlined. Jim Hoeft indicated the conditions were set forth in the police department's presentation. Chief Austin expressed disappointment that the property manager was not at the meeting, indicating he is hopeful they will be able to have a successful outcome. Motion by Councilmember Murzyn, Jr., seconded by Councilmember Williams to adopt Resolution Number 2017 -122, being a Resolution of the City Council of the City of Columbia Heights approving an eight (8) -month provisional license to operate a rental unit pursuant to City Code, Chapter 5A, Article IV, Section 5A.408(A) of the rental license listed, To grant an eight (8) month provisional rental license as indicated in Resolution 2017 -122, subject to the conditions recommended in the presentation by the Police Chief, with the additional condition City Council Minutes November 27, 2017 Page 5 of 12 that the Property Manager (of the property) attend each of the quarterly landlord /tenants meeting. Additionally amend item 2 under "Order of Council ", changing the word allow to consider. 3 Ayes, 2 Nays; Motion Carried. Ayes; Schmitt, Williams and Murzyn, Jr. Nays; Buesgens and Novitsky. B. Consideration of revocation of the licenses to operate rental units within the City of Columbia Heights is requested against the rental properties at 3969 Reservoir Blvd. NE and 4330 Washington Street NE for failure to meet the requirements of the Residential Maintenance Codes. *Removed C. First Reading of Ordinance 1643 Amending Chapter 2, Section 7 pertaining to Elective Offices City Attorney Jim Hoeft reported the Charter Commission has been discussing changing the term of the Mayor from two years to four years. A second reading was passed at the October Charter Commission meeting. Hoeft explained that the item would require a unanimous vote from the council; otherwise it would go back to the Charter Commission for further consideration. City Manager Walt Fehst stated that earlier in the year, the Mayor had requested the Charter Commission look at changing the term of the Mayor as well as the Mayor's authority over the Police Department. Fehst reported both items were reviewed by the Charter Commission; the second item will have a 2nd consideration at their January meeting. Fehst wanted to let the Council know that the item will likely be before them at the second meeting in January. Mayor Schmitt indicated she would like to see the meeting minutes from the October meeting prior to making a decision. City Clerk Katie Bruno reported the October minutes will be presented for approval at the January 18th Charter Commission meeting. Motion by Councilmember Murzyn, Jr., seconded by Williams to table the item until the January 22, 2018 meeting. All Ayes, Motion Carried. 9. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions a. Approval Consideration of the Development Contract for Grand Central Flats Keith Dahl, Economic Development Manager reported that On October 9, 2017, the City Council approved a resolution which approved the Site Plan for the properties located at 1069 Grandview Way and 4729 Grand Avenue NE. Thus, the Developer is required to enter in to a formal agreement with the City for the development of the Grand Central Flats Project. The Development Contract provides the City and the Developer with the surety that certain representations, warranties and covenants will be adhered to throughout the development of the Grand Central Flats Project, specifically the construction methods and timing; and the installation of public and quasi- public improvement. The Development Contract includes the following key components; Escrow Deposit, Park Dedication, Public Art, Pedestrian Connectivity, and Maintenance Agreement: Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to waive the reading of Resolution 2017 -126, there being ample copies available to the public. All Ayes, Motion carried. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky to approve Resolution No. 2017- 126, a resolution of the City Council for the City of Columbia Heights, Minnesota, approving the Development Contract for the Grand Central Flats Project by and between the City of Columbia Heights and the Columbia Heights Leased Housing Associates lll, LLLP. All Ayes, Motion carried. City Council Minutes November 27, 2017 Page 6 of 12 B. Bid Considerations C. New Business and Reports 10. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Murzyn, Jr. reported the "Taste of Heights" was a big success. Councilmember Williams was pleased with the turnout for the "Taste of Heights," and suggested the City consider expanding Murzyn Hall in the future. Councilmember Buesgens also commented on the successful "Taste of Heights" event, indicating that it may be good to look at expanding Murzyn Hall. Buesgens thanked the Lions Club, the Columbia Heights Activity Fund, the Boosters, Key Club, Columbia Heights Royalty, Liz Bray, and the Recreation Staff for their hard work. She attended the final Police Council Academy, the swearing in ceremony for Chief Austin, and the mutli- cultural advisory committee meeting. Mayor Schmitt reported the "Taste of Heights" was successful, and thanked the Lions for their hard work. She attended the High Schools presentations of "Sense and Sensibility," and the High School band and choir concert. Congratulations were expressed to Chief Austin. Mayor Schmitt announced a Holiday Bazaar will be taking place at Bridgeview on December 5th. The Canadian Pacific Holiday Train will arrive on December 9th at approximately 7:45 P.M. City Manager Walt Fehst reported the city offers the venue of Murzyn Hall for the Taste of Heights, and city staff who assist do so largely on their own time. Gratitude was expressed to Keith Windschitl's staff; Liz Bray and Deanna Saefke for their contributions to the event. 11. CITIZENS FORUM Malcom Watson -1717 49th Ave NE asked if the County Assessor will be at the December 11th meeting. Manager Fehst indicated the time to address the assessor is at the Board of Appeals and Equalization meetings in April. Kathy Ahlers -4010 Hayes St NE suggested the council consider adopting a just cause eviction temporary ordinance, covering the period of the Super Bowl. Ahlers requested that in light of the recent failed School Board referendum, the council remove any statement pertaining to a new City Hall in the comprehensive plan. Manger Fehst indicated that most, if not all funding for a new City Hall could be financed internally. Ahlers expressed concern with the relatively closed public input process for the comprehensive plan revision. 12. ADJOURNMENT Motion by Councilmember Murzyn, Jr., seconded by Councilmember Buesgens to adjourn. All Ayes, Motion carried; Motion Carried. Meeting adjourned at 9:08 p.m. x A A. Respectively Submitted, Katie Bruno, Council Secretary /City Clerk RESOLUTION NO. 2017 -121 City Council Minutes November 27, 2017 Page 7 of 12 A resolution of the City Council for the City of Columbia Heights, Minnesota, amending the 2017 budget to use certain additional revenue. Whereas, the City has contracted for or received the following revenue: Source Amount MN Board of Firefighter Training $16,813.26 State of Minnesota $11,809.73 Washington County $494.91 Anoka County $4887.20 Crestview $539.45 TOTAL $34,544.55 Whereas, this revenue was not included in the initial 2017 budget adopted by resolution 2016 -132, nor in any subsequent amendments to that budget; and Whereas, accordingly, the expense necessary to earn this revenue was also not previously included in the 2017 budget; and Whereas, the activity related to this revenue and expense is consistent with the goals and objectives of the City of Columbia Heights Fire Department; Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the 2017 budget for general fund revenue and expense is amended for an increase of $34,544.55 RESOLUTION NO. 2017 -122 A resolution of the City Council for the City of Columbia Heights approving an eight (8) -month provisional rental license for the property rental license held by 2015 -3 I1-12 BORROWER LP (Hereinafter "License Holder ") Whereas, License Holder is the legal owner of the real property located at 1030 Polk PL 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 November 13, 2017 of a public hearing to be held on November 27, 2017. 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: City Council Minutes November 27, 2017 Page 8 of 12 FINDINGS OF FACT 1. That from 2000 -2013, the property generated 14 calls for service and from 2013 to present generated 30 calls for service. Invitation Homes began managing the property in 2013. 2. That on 08/12/16, two adults and one juvenile were listed as moving into the residence. 3. That between September 2016 and February 2017, there were six calls for service at the residence involving the renters on the lease. 4. That on 08/11/17, the renter told CHPD they had moved out in May 2017 and her 18- year -old son was staying in the house with multiple juveniles while committing several crimes, to include underage drinking, smoking marijuana, and fighting. 5. That between 07/19/17 and 08/25/17, there were 19 calls for service at the address and none involved adult renters on the lease. 6. On 08/14/17, the CHPD called Portfolio Manager, Delisa Collette, and requested a meeting to discuss the criminal activity at the property, and the request was denied. CHPD also requested copies of background checks and lease; the request was denied and CHPD was told a subpoena was needed. 7. That crimes were committed on the property or associated with the property, including but not limited to; First Degree Aggravated Robbery, Tampering with a Witness, Terroristic Threats, Theft, Criminal Damage to Property, and False Name to Police. 8. That at no time from August 2016 to present did Invitation Homes initiate communication with the CHPD to inquire about activity on their property. 9. 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 F16291 is hereby granted as an eight (8) -month provisional rental license with the following six conditions: a. Monthly meeting (more if needed) between CHPD (and CHFD if needed) and Invitation Homes to review calls and activity on property and other Invitation Homes properties in Columbia Heights b. Provide lease and documentation of backgrounds of all prospective tenants for PD review during Provisional license. c. Reduce calls for service to reflect average calls for service from previous years. d. Crime Prevention through Environmental Design (CPTED) study to be conducted on the property and implement any reasonable recommendations. e. Fulfill all requests to meet with CHPD and CHFD during provisional licensing period. f. The property manager will attend quarterly landlord meetings during the 8 month period. 2. The City will consider full reinstatement of the license after eight (8) months if all conditions are met by License Holder. 3. Council may revoke license at any time during provisional period if conditions are not met. City Council Minutes November 27, 2017 Page 9 of 12 RESOLUTION NO. 2017 -125 RESOLUTION APPROVING THE CITY OF COLUMBIA HEIGHTS FEE SCHEDULE BE IT RESOLVED BY the City Council (the "Council ") for the City of Columbia Heights, Minnesota (the "City ") as follows: WHEREAS, certain fees are associated within the various city departments; and WHEREAS, occasionally, fees are evaluated and adjusted based on comparable area rates as well as staff time used for processing and evaluating requests; and WHEREAS, the City has not had a unified fee schedule; and WHEREAS, the passage of this Resolution will create one, comprehensive city -wide fee schedule. NOW, THEREFORE BE IT RESOLVED that the City Council hereby adopts the attached City of Columbia Heights Fee Schedule, which will take effect January 1st, 2018. RESOLUTION NO. 2017 -126 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE DEVELOPMENT CONTRACT FOR GRAND CENTRAL FLATS PROJECT BY AND BETWEEN THE CITY OF COLUMBIA HEIGHTS AND COLUMBIA HEIGHTS LEASED HOUSING ASSOCIATES III, LLLP. BE IT RESOLVED BY the City Council for the City of Columbia Heights, Minnesota (the "City ") as follows: WHEREAS, Columbia Heights Leased Housing Associates III, LLLP, a Minnesota limited liability limited partnership ( "Developer ") has proposed to develop a multi - family apartment complex consisting of two buildings and 148 units of affordable workforce housing to be located at 1069 Grandview Way and 4729 Grand Avenue NE (the "Project "); and WHEREAS, pursuant to Resolution No. 2017 -90, the City has approved the site plan for the Project, subject to (among other items) the Developer entering into a Development Contract for the development of the Project, governing construction methods and timing, and the installation of certain public and quasi - public improvements. NOW, THEREFORE BE IT RESOLVED in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Council hereby makes the following: FINDINGS OF FACT 1. The Development Contract has been negotiated between City and Developer, contains provisions that satisfy the conditions of Resolution No. 2017 -90 that pertain to the entering into of a Development Contract, and is otherwise acceptable to City staff at the advice of the City attorney. 2. The Development Contract provides for development and construction of the Project in a manner that is consistent with the approved site plan for the Project. 3. Developer has consented to the entering into of the Development Contract and requested that the City approve and execute the Development Contract in the form presented to the Council on the date hereof. BE IT FURTHER RESOLVED that the Council hereby approves the form and substance of the Development Contract, and approves of the City entering into the Development Contract. BE IT FURTHER RESOLVED that the Council hereby authorizes and directs the Mayor and City Manager to execute and deliver the Development Contract on behalf of the City, and to take such other action as deemed City Council Minutes November 27, 2017 Page 10 of 12 necessary and appropriate to carry out the purpose of the foregoing resolution. RESOLUTION NO. 2017 -127 A resolution concerning the commencement of renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. WHEREAS, on August 9, 2010, the City of Columbia Heights, Minnesota, ( "City ") adopted Ordinance No. 1583, amending Ordinance No. 853 (collectively, the Cable Communications Franchise Ordinance set forth in Chapter 11 of the City Code ( "Franchise Ordinance ")) authorizing Comcast of Minnesota, Inc. ( "Comcast ") to construct, operate and maintain a cable system in the City for the purpose of providing cable service and setting forth the terms and conditions of Comcast's use of public rights -of -way (the "Franchise "); WHEREAS, the Franchise Ordinance term was extended through May 31, 2020 by a Settlement Agreement with Comcast dated January 26, 2015, and Ordinance No. 1617, adopted February 9, 2015; WHEREAS, by letter dated August 17, 2017, from Comcast to the City, Comcast invoked the formal renewal procedure set forth in Section 626 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546 (the "Cable Act "); WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if an appropriate written renewal request is submitted by the cable operator during the 6 -month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence a proceeding to identify the future cable - related community needs and interests, and to review the performance of the cable operator under the franchise during the then current franchise term; WHEREAS, the City is desirous of commencing the renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and, at the same time, of also considering the possibility of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City must provide the public with notice of, and an opportunity to participate in, proceedings under Section 626(a) of the Cable Act, and such proceedings may involve the collection and analysis of information from Comcast, City agencies and departments, the public and other interested parties and may require one or more public hearings; and WHEREAS, the City desires that the proceedings under Section 626(a) of the Cable Act be managed and conducted by the City Manager, or his designee; and WHEREAS, the City intends to authorize the City Manager, or his designee, to take any and all steps required or desired to comply with the requirements of the Cable Act, the Franchise Ordinance and the Franchise. Now, therefore, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the City hereby commences formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast. City Council Minutes November 27, 2017 Page 11 of 12 IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, is authorized to manage and conduct proceedings in accordance with Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and to comply with applicable laws, regulations, orders and decisions. The City Manager, or his designee, may conduct such hearings, surveys and meetings deemed necessary or appropriate to assess community cable - related needs and interests, evaluate Comcast's past performance, and enable the public to participate in formal Franchise renewal proceedings. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If the City and Comcast decide to utilize the informal renewal process, the City Manager, or his designee, is authorized to negotiate with Comcast concerning matters relating to the renewal or extension of the Franchise, to prepare informal renewal proposals and to respond to informal renewal proposals from Comcast, and to take all other steps and actions necessary or desired to engage in the informal Franchise renewal process and /or to comply with applicable laws, regulations, orders and decisions. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, shall provide the public with notice of, and an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1). IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, may establish procedures and dates for the conduct of any hearings, meetings and /or surveys related to the Section 626(a) proceedings and may establish procedures and dates for the submission of testimony and other information in connection with the proceeding. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or his designee, is authorized to request Comcast and its affiliates and subsidiaries to submit such information as may be deemed appropriate in connection with the Section 626(a) proceedings or the informal Franchise renewal process under Section 626(h), gather such other information from other persons, agencies, or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure the City's and the public's interests are fully protected and the cable - related needs and interests of the City are satisfied consistent with applicable law. IT IS HEREBY FURTHER RESOLVED, that the City reserves, to the full extent permitted by law, all of its rights with respect to determining whether to renew the Franchise. IT IS HEREBY FURTHER RESOLVED, that the City Manager, or its designee, shall keep the City Council fully apprised of the status and progress of franchise renewal proceedings and negotiations. RESOLUTION NO. 2017 -128 Resolution of the City Council for the City of Columbia Heights entering into a contract with Medica for employee health insurance coverage for January 1, 2018 through December 31, 2018. 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. Whereas, after completing a Request for Proposals for health insurance coverage, on August 18, 2017 Associated Benefits and Risk Consulting, the City's benefits consultant, received proposals from Health Partners, Blue Cross Blue Shield of Minnesota, and Medica. 2. Medica's proposal was the lowest cost proposal with a 0.09% reduction in premium rates for 2018 coverage for the same plans as are currently provided. City Council Minutes November 27, 2017 Page 12 of 12 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA 1. That the City of Columbia Heights enter into a contract with Medica to provide health insurance for all eligible city employees and City Council members for January 1, 2018 through December 31, 2018. 2. That the City Manager is hereby authorized to sign the contract with Medica.