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HomeMy WebLinkAboutFebruary 14, 2005OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING FEBURARY 14, 2005 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 14, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 p.m. Present: Mayor Peterson, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg The invocation was given by Father A1 Backmann, Immaculate Conception Church. PLEDGE OF ALLEGIANCE - Recited ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki objected to two items placed on the agenda from the work session, which he had to leave early to attend a required meeting at the County. That agenda was set for one item and should have been limited to that. The architectural bids for the Municipal Service Center and the P&Z appointments should be taken off the agenda. Nawrocki requested to add discussion of 2:00 a.m. bar closings and the incident at the pool hall. Williams stated that the two items requested to be removed could be discussed and acted upon tonight. Ericson stated the items could be tabled at the time of discussion. Peterson agreed to add the items requested under Other Business 7C. Peterson requested to add discussion of a Board and Commission policy change. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Tax Base Revitalization Account Grant Peterson introduced Tony Pistilli, our Metropolitan Council Representative and Robin Kaufman, Sector Representative for District 2. Pistilli presented the award of $288,000 for second phase clean up of the industrial park site. He indicated the Met Council's excitement to be a partner and financial contributor to this project. He stated that the City of Columbia Heights has gained over $2,000,000 and staff should be congratulated, as it is not often a community receives that much. He handed out articles and a newsletter, which indicated how the Metropolitan Council partners with communities. Williams stated that it was our honor to have Pistilli as our representative and asked that residents be aware of what the Met Council does for us. Fehst stated that he has been in communities that have not been as lucky, but the harder we work the better luck we have. Fehst thanked the Council, as they initiated this redevelopment as their number one priority. Fehst thanked Kaufman for her hard work and coordination with staff. Peterson added his appreciation to the Met Council for their cooperation. CONSENT AGENDA City Manager Walt Fehst took Council members through the Consent Agenda items. 1) Approve City Council Meeting Minutes for Januarf 24, 2005 regular City Council meeting Motion to approve the minutes of the January 24, 2005, regular City Council meeting as presented. Nawrocki indicated his concern on quality of work if the industrial park developer were to use Rylan Builders. Nawrocki referred to the used car lots on 40th and Washington and suggested a closer look at what we desire for car lots. He also suggested a limit to the number of rental units allowed in Columbia Heights. City Council Minutes February 14, 2005 Page 2 of 13 2) Accept Boards and Commissions Meeting Minutes a. Motion to accept the Planning & Zoning Conurfission minutes of February 1, 2005. b. Motion to c. Motion to d. Motion to e. Motion to f. Motion to g. Motion to h. Motion to accept the Charter Commission minutes of January 21, 2005. accept the Telecommunications Colmnission minutes of January 20, 2005. accept the Library Board of Trustees minutes of January 4, 2005. accept the EDA minutes of December 16, 2004. accept the HRA minutes of December 16, 2004. accept the EDA minutes of December 6, 2004. accept the HRA minutes of October 19, 2004. 3) Establish date for the Local Board of Review meeting for Monday, May 2, 2005, at 7:00 p.m. in the City Council Chambers. Motion to establish date for the Local Board of Review meeting for Monday, May 2, 2005, at 7:00 p.m. in the City Council Chambers. Fehst stated this is for people to address concerns about their assessed property value, or residents can call the County with their questions prior to that time. Nawrocki stated the reason he left the work session meeting early last Monday to attend the required County Board of Appeal Training. He offered the brochure for review and indicated that if there is not someone at the local meeting who is certified, the meeting cannot be held. He encouraged other Council members to attend if additional training is held. He stated that in the past we were given options for the Board of Review meeting date. 4) Second Reading to Adopt Ordinance No. 1479, amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428 - amending P&Z Fee Schedule. Removed. 5) Authorize the Capital Equipment replacement of Unit #23 Ingersol Rand Street Pavement Roller Motion to approve the Capital Equipment Replacement of Unit #23, an Ingersol Rand 5-ton pavement roller, with a Bomag BW 120AD-3 5-ton roller from the State of Minnesota Purchasing contract, held by Sweeney Brothers of Burnsville, MN in the amount of $15,850, plus tax, subtracting a trade-in of $2,000; with funding appropriated from the Streets Capital Equipment Fund 431-43121-5180. Nawrocki stated that he viewed the existing machine and the drums are quite damaged. He had suggested renting a unit and was told the cost was $1,800 a month. Nawrocki stated that we would have received a better rate through seeking proposals. Kevin Hansen, Public Works Director, stated the unit is 14 years old, and the condition of the drums is not unusual. Before the availability a trailer, the piece was driven to the job. Staff does check available pricing on any purchase. Hansen stated that the cost to lease the roller was $1,700 per month. It is used as part of the overall street operations and is very important for its specific use. Nawrocki stated that the seller would still give us $2,000 for it, so it still has value. Hansen stated that the company has a buyer who will use it for packing dirt. Williams listed the labor and materials spent on this piece of equipment over the last four years. 6) Approve Anoka County 2005 Joint Powers Agreement Score Funds Motion to authorize the Mayor and City Manager to enter into the 2005 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $46,634.73 available as reimbursement for eligible expenses. City Council Minutes February 14, 2005 Page 3 of 13 Fehst stated they reimburse us for running the recycling program and recycling center, at about $465 less than last year. We have a successful recycling program. Nawrocki asked if the standards the same as in past years? Fehst stated he did not know if the goal increased and would get this information to pass on, He stated that we have reached the goal every year. 7) Establish a Heating Date of February 28, 2005 for revocation or suspension of rental property license at 4824 Stinson Blvd. Motion to establish a hearing date of February 28, 2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Alicia Anderson at 4824 Stinson Blvd. N.E. 8) Approve Business License Applications Motion to approve the items as listed on the business license agenda for February 14, 2005 as presented. 9) Approve Pawnent of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 111509 through 111775 in the amount of $1,532,217.87. Nawrocki referred to a bill for tables at Sullivan Park, which only received two bids. Hansen stated that was discussed by the Park Commission in 2004. He explained their quality and graffiti resistance. Only two bids are required and funds will come from this year's budget. Nawrocki questioned an additional $1,500 for appraisers Patchin Messner and Dodd, which were paid $17,000 last time. He questioned how many more appraisals we will have them do with out getting bids. Fehst stated it is his intention to have bid proposals for large items, even though we are not required to do so. He indicated the requested information on funds spent in the industrial area have been tabulated and are available. The Patchin appraisals are paid for by the developer through their account with the city. Motion by Ericson, second by Williams, to approve the Consent Agenda items, with the exception of item//4. Upon vote: All ayes. Motion carried. #4 Second Reading to Adopt Ordinance No. 1479, amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428 - amending P&Z Fee Schedule. Peterson closed the hearing Motion by Williams, second by Kelzenberg, waive the reading of Ordinance No. 1479, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg Move to adopt Ordinance No. 1479, being an Ordinance amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428. Upon vote: Kelzenberg, aye; Williams, aye; Nawrocki, nay; Ericson, aye; Peterson, aye. 4 ayes - 1 nay. Motion carried. ORDINANCE NO. 1479 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE #1428 The City of Columbia Heights does ordain: Section 9.405 (5) Is hereby amended to read as follows: Section 9.405 (5) Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. A minimum escrow shall be payable at the time an application is filed with the Zoning Administrator. Upon fmal approval, or withdrawal of the application by the applicant, any remaining escrowed funds not City Council Minutes February 14, 2005 Page 4 of 13 spent in reviewing the application shall be returned to the applicant. If the cost to review the application exceeds the minimum escrow, the applicant shall pay the outstanding balance. Payment of all fees is a condition of application approval. This ordinance shall be in full force and effect from and after 30 days after its passage. PUBLIC HEARINGS A) Adopt Resolution No. 2005-06 being an Order regarding the maximum permitted cable basic programming service and Adopt Resolution No. 2005-07, being an Order regarding the maximum permitted cable equipment and installation rates. Linda Magee, Assistant to the City Manager, stated that on or about March 1, 2004 Comcast filed forms 1240 and 1205 for basic rates and installation rates. The City must hold a public heating to provide interested persons the opportunity to give their opinions. Any comments heard may be considered by the City Council for their regulatory hearing. The notice was published in the Focus newspaper, on our cable channel and our web site. She stated that Mike Bradley, from Bradley and Guzzetta, and Kathy Donnelly Cohen, from Comcast, were present to answer questions. Nawrocki indicated this is an eight percent increase. He gave the history of local cormnunity rights to regulate of these franchises. Deregulation does not allow for meaningful competition and rates continue to increase. He indicated that Ms. Cohen does an excellent job working with us, but we really cannot stop their increases. Peterson questioned if the franchise fees we receive also increase. Magee stated that we receive five percent. Willimns indicated that the rates are lower than allowed. Magee agreed they are lower in the areas that we can regulate. Nawrocki stated the cost is $55 a month for regular service, which was $12 to $15 per month when we started. Williams pointed out that residents could obtain universal service for free, which includes the govermnent access channel. Magee stated that information is available in every City newsletter. Lynette Thomson, 4024 Jefferson, stated she is happy with her standard service with an analog TV. She questioned the amount of advertisements and phone solicitations received. She spoke to a representative regarding the cost increase, and asked if she would now receive the Twins games. Kathy Donnelly Cohen apologized for the FOX network Twins game issue, but stated that has nothing to do with the increase. The issue tonight is the maximum rate, and Comcast charges less than the amount allowed. Residents also have the option of Basic or Universal service. These options are not available in all cormnunities. Increases are due to the fees passed down from the networks, and significant improvements made to local service, such as $250,000,000 to make HDTV and Intemet service available. Cohen stated that representatives receive 385 hours of training before servicing customers. Comcast also has on demand programming, of which 85 percent is free. Comcast donates to cormnunities, and gives scholarships. Cohen stated their competition is dish service, which has gone up eight percent. Williams asked if the Twins gaines would be shown this year. Cohen stated yes, on the FOX channel. Williams questioned how Comcast obtains the progrmns. Cohen stated they have a purchase contract with each station. Cohen described the On-demand service; digital cable is required. Nawrocki stated that Comcast also handles the City of St. Paul and asked the rate difference. Cohen stated that the Columbia Heights rate is $43 and St. Paul's is $47. Nawrocki indicated that St. Paul has a senior rate. Cohen stated that Columbia Heights has the free Universal service for any resident. Thomson questioned receiving specific channels. Fehst stated those were part of the Tier 2 service. City Council Minutes February 14, 2005 Page 5 of 13 Mike Bradley indicated that the City of Fridley has Time Warner, referring to the FCC video competition report. Bradley described the two resolutions under consideration. Ericson clarified that there is not an installation charge if the home previously had cable. Cohen stated there is no installation charge for Universal service it and allows for a 125 foot drop. There would be an additional charge for added outlets. Dolores Strand, 1145 Polk Place, read a statement on the origin of the franchise in our City dating back to 1981. She stated that she was on the original connnittee. Initially, cable was to be advertisement free. Strand indicated she had been against selling our shares, but majority ruled. She comrnended and complimented the current Cable TV staff of Steve Antus and Mary Guy and City employee Jean Kuehn. She stated that Sister Cities International is envious of the publicity our Sister Cities group gets. The Witamy Heights series is exceptional and is shared with other communities. Strand stated her concerns were the increase of cable fees, the number of conunercials broadcast, and listed the different agencies that she has contacted with her concerns. She stated that nothing can be done because of the cable television deregulation. This exploits the cable customer and should be investigated. The only subscriber option is to cancel service. Consumers should have more options. Strand invited everyone to watch the Witamy Heights interview on February 18, 19, and 20 regarding a trip to Poland. Nawrocki gave further history on the beginning of cable in our community, the bids and the proposal to supply service the way it was wanted. The franchise originally belonged to the local community. Fehst stated that the "no commercials" is a promise gone bad. It is always an option to drop the service, but receiving only the channels you personally want will not happen. Cohen addressed the issue of ala carte programming, on which the FCC did a feasibility study, which is available on line, indicating consumers would pay the same for five channels as they do for 40 channels now. Fehst thanked Strand for voicing what has also been his opinion. Cohen stated that service and technology are very different today from 1981. Thomson questioned if"On-demand" is like "TiVo". Cohen described the differences. Leonard Deering, 4311 Jefferson, questioned how we got involved with Comcast and in what year. Nawrocki again gave the history, stating that Comcast is the latest company to own the franchise. Deering asked if there is any way to get the cost reduced. Peterson explained that he probably has more service than he needs and can reduce to a lesser level. Peterson closed the public hearing. Motion by Ericson, second by Williams, to waive the reading of Resolution No.2005-06, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to adopt Resolution 2005-06, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Cormnission Form 1240 filed by Comcast on or about March 1, 2004. Nawrocki stated that both resolutions come with the recommendation of the Teleco~rnnunications Commission. Upon vote: All ayes. Motion carried. City Council Minutes February 14, 2005 Page 6 of 13 Motion by Ericson, second by Williams, to waive the reading of Resolution No. 2005-07, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to adopt Resolution 2005-07, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Conunission Fonr~ 1205 filed by Comcast on or about March 1, 2004. Upon vote: All ayes. Motion carried. Resohttions No. 2005-06 and 2005-07 are attached to the end of this document. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 4656-4658 Polk Street Peterson closed the public heating regarding the revocation or suspension of the rental license held by Va Megn Thoj regarding rental property at 4656-4658 Polk Street N.E. in that the violations on the property have been corrected. ¢) Public Hearing called for Revocation/Suspension of Rental Housing License at 4600-4602 Johnson Street Peterson closed the public hearing regarding the revocation or suspension of the rental license held by Tracy Saloka regarding rental property at 4600-4602 Johnson Street in that the violations on the property have been corrected. ITEMS FOR CONSIDERATION Bid Considerations 1) Adopt Resolution No. 2005-08, being a Resolution accepting proposals and awarding contract for architectural services for the building maintenance project at the Municipal Service Center (MSC). Hansen referred to the Council letter, stating that eleven proposals were sent and six were returned. This is to address major maintenance needs and is not an expansion of the facility. He listed the needs: roof replacement, building exterior masonry deterioration due to moisture intrusion, adding a wash bay in the basement for heavy equipment, gender issues for female restrooms and dressing rooms, ADA issues, security to building identical to city hall, HVAC system balancing needs, expansion of the electric panel, and more secure public access with a separate lobby area. This has been in the budget process for the last four years with about $450,000 in building fund 411. The estimated total renovation is $750,000. We would use cash on hand and borrow the rest internally, with pay back over the next four to five years. He recommended Buetow and Associates, as they met all requirements of the RFP. Hansen stated that at this point staff is asking for the award of an architectural services contract focusing on major maintenance needs of the building. To answer Nawrocki, Hansen stated that none of the funds are fi.om the capital expenditure fund. Nawrocki stated that he has been on the roof and does not feel it needs to be replaced, though it does have some gaps in the edging. He agreed with painting the exterior walls to keep moisture out, and does not see the need for a wash bay. Nawrocki stated that he does not disagree with the women's restroom and dressing room, but the elevator is not needed. When this was built, it was detenuined that staff would help anyone up the stairs. There is street level access from the west side of the building and access to the lower level at the east side of the building. Nawrocki questioned the value of reconfiguring the main entrance. Nawrocki indicated that the roof bids should be separate from the other work, as it is specialized. Hansen stated the desire to address all necessary maintenance items together. Nawrocki questioned past problems with the library roof. Fehst stated that was a membrane roof that had similar problems, and patching did not work. We now have a built up roof on the library, which seems to be doing quite well. Fehst stated that City Hall had a leakage problem by a duct. Nawrocki stated he would not vote for the whole package and suggested we would get a better price by handling the roof as a separate item. A specialist would deal directly with a roofing City Council Minutes February 14, 2005 Page 7 of 13 contractor, not subcontract it out. Hansen stated that we received a bid from RHA on the roof, which he would not recormnend based on the proposal given. We would be able to bid the roof separate through this architectural engineer for a cost effective roofing system with a 25 year guarantee and an additional 20 year option. The recmmnendation was for a build up roof. Peterson stated this is a premium asphalt roof type. Williams indicated this only asks for architecture fees. He stated that we do need to address placing a cement floor in the basement of the building at this time. Nawrocki stated that the architectural fees do not cover an elevator or paint room. The cost would then be $62,000 including the extras. Hansen stated this proposal would look at building code issues and ADA requirements. Nawrocki gave his view that this is overdoing what is needed on the building. Peterson stated that if we start remodeling the elevator might be an ADA requirement. Hansen recommended looking at this as an overall project for cost savings. Staff has determined these needs to extend the life of the building. Nawrocki referred to drains that are plugged. Williams reiterated this would be necessary to maintain the building for the next 25 years, and it is our job to encourage getting the best bids possible. Motion by Williams, second by Ericson, to waive the reading of Resolution No. 2005-08, there being ample copies available to the public. Upon vote: All 'ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Resolution No. 2005-08, and accept the bids for Architectural Services and award the bid to Buetow & Associates of St. Paul, MN based on their qualified bid in the amount of $54,750; and, authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Peterson, aye. 4 ayes- 1 nay. Motion carried. RESOLUTION NO. 2005-08 RESOLUTION ACCEPTING PROPOSALS AND AWARDING CONTRACT FOR ARCHITECTURAL SERVICES FOR THE BUILDING MAINTENANCE PROJECT AT THE MUNICIPAL SERVICE CENTER (MSC) PROJECT #0503 WHEREAS, the City of Columbia Heights prepared a Request for Proposals (RFP) for City Project No. 0503, Architectural Services for a building maintenance project at the Municipal Service Center (MSC), proposals were received, opened and reviewed by staff. The following proposals were received by the due date stipulated in the RFP: Total Bid Phillips Architects & Contractors Buetow & Associates Hay Dobbs Bonestroo, Rosene, Anderlik Oertel Architects JEA Architects $52,500.00* $54,750.00 $62,035.00 $65,000.00 $68,550.00 $73,780.00 WHEREAS, it appears that Buetow & Associates Architects, 2345 Rice Street, Suite 210, St. Paul, Minnesota 55113 is the lowest responsible bidder. (*Bidder did not meet RFP requirements.) NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Buetow & Associates Architects, in the name of the City of Columbia Heights, for the Architectural Services for Building Maintenance Project at the Municipal Service Center City Project No. 0503, for the preparation of plans and specifications and construction administration. 2. The Architectural Finn of Buetow and Associates is hereby named the Project Architect. 3. City Project 0503 shall be funded with existing funds from City Fund 411, Capital Improvement - General Government Buildings. City Council Minutes February 14, 2005 Page 8 of 13 Other Business 1) Appointment to the Plannin~ and Zoning Commission Peterson stated that we have very good applicants for this commission. Nawrocki stated that Mr. Thompson was a building official for other cmmr~unities and Mr. Peterson is on the School Board. These two offer interesting points that could be of value to us. Motion by Kelzenberg, second by Ericson, to appoint Mike Peterson to the Planning and Zoning Commission for the vacant term to expire April 2009. Williams indicated that Mr. Thompson's application was not updated in the last year. Nawrocki stated he did tell Mr. Thompson that his application would be circulated to the Council. Williams stated that Mr. Baker's position would soon be open. Upon vote: All ayes. Motion carried. 2) Star Bar 2:00 a.m. request - addition to the agenda Peterson stated that the Star Bar has submitted a request to remain open until 2:00 a.m., as allowed by the State. Nawrocki stated he is opposed to this, as information from the Police Department indicated additional costs to change officers' hours to accommodate the extended hours. He described the history of liquor and wine licenses in the community. Fehst referred to the past 60/40 percent food sale requirement. Jim Hoeft, City Attorney, stated that the change to a two tier license was made by the City Council over five years ago, allowing establishinents that did not meet the 60/40 requirement the ability to become licensed at a greater cost. Nawrocki asked to receive the information on the change. Nawrocki indicated concern that this would cause additional disturbance at the senior high rise, and referred to past undesirable groups that required additional policing. It behooves us to consider what kind of operation we do want, if people want heavy music they can go down town. Nawrocki indicated that maybe now would be a good time to also look at the smoking policy. Fehst referred to an event in Fridley with arranged boxing fights in the bar, and suggested the ordinance limit that behavior. Ericson disagreed, stating the two activities are not tied together. Ericson stated that New Brighton, Mounds View, and Minneapolis allow 2:00 a.m. closings without additional problems and according to our Police Captain we have not seen any negative results in our community. We could require an additional fee to cover the cost and could include a sunset provision to expire at a set time, say in two years, to reevaluate the ordinance. We have had discussions on the type of businesses we want to attract and must make development reasonable. Nawrocki referred to the proximity of residential areas. Ericson referred to Jakes that has a 2:00 a.m. closing time. Nawrocki stated that the City of Hilltop would not approve 2:00 a.m. closings for their colrnnunity unless Columbia Heights does. Peterson stated that we must be able to compete with our neighbors. There may be a hotel interested in coming to 49th or 46th Avenues, and they would surely want to. stay open until 2:00 a.m. Peterson requested input from the cormnunity. Fehst stated that staff is exploring the Hopkins ordinance as a model. Nawrocki stated that he would be unable to attend the first council meeting in March and asked that the 2:00 p.m. bar closing not be presented then. Fehst anticipated it would come forward on City Council Minutes February 14, 2005 Page 9 of 13 February 28th. Peterson stated that the second hearing would not take place in Councilmember Nawrocki's absence. 3) Pool Hall incident - addition to the agenda Peterson referred to the shooting incident near the pool hall on Central Avenue last Thursday. Persons involved in the shooting were not fi'om our community. He stated his pleasure with the fast action of our Police Officers, which sends the message that such activities will not be allowed in Columbia Heights. Nawrocki cormnented on the excellent job done by our Police Officers and the cooperation from other depamnents. He referred to a newspaper article indicating 200 police calls to the pool hall over the last few years. Fehst stated that Chief Johnson indicated a lot of calls those calls could be from management to keep things in line. Our Police Officers have indicated there is an occasional raising of dust, but overall this establishment has not been a problem. Fehst stated that we do not want to give a good business a bad name. Nawrocki questioned if management called the police when the individuals were sent out of the building. Hoeft stated that this is an active investigation. Peterson stated that the establishiuent was full, and officers were called as soon as any trouble was surmised. Peterson indicated that neighbors still have a positive attitude toward the business. Williams stated that this should not be a negative to our city; it happened and was taken care of quickly. He stated that we should not overreact. Williams indicated that our businesses should be discouraged from having ethnic nights. Fehst stated that this was not a specific ethnic night and was not league play. Williams referred to a resident that is moving out of our community because the school referendum failed. Nawrocki also referred to someone who moved out for that reason and also those that move because property taxes are too high. 4) Board and Commission Interview Policy Change. Peterson suggested, to speed the process to fill board and cormuission vacancies, to have annual interviews during April or May interviewing all interested parties and establishing an eligible list of candidates. The Deputy City Clerk can use this list when a vacancy occurs. He stated that it is difficult to bring Council members together for the interview process and it sometimes takes six months to fill a vacancy. Nawrocki suggested this information be placed on our cable channel, local newspapers, and in the City newsletter, indicating there are openings on all boards and commissions, as many terms expire each spring. Nawrocki encouraged residents to apply for a specific commission, but applicants can rank their preference. We do not have a backlog of applicants; so even with a developed list, residents can apply at any time. Fehst stated that he would ask both local newspapers to print an article asking for Board and Commission applicants. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that Fire Chief Charlie Thompson has accepted the Fire Chief job with the Anoka-Champlin Fire Department. He referred to his resignation letter and indicated that his last day would be Tuesday, February 22, 2005. Fehst stated that Assistant Fire Chief Gary Gonuan would step in as Acting Chief until testing can be completed. He indicated the desire that qualified applicants from in-house would apply. City Council Minutes February 14, 2005 Page I0 of 13 Fehst stated that an offer has been tendered for the full time fire fighter position. All applicants came from our paid on call fire fighters. All applicants passed the exam. The top three candidates were interviewed. Fehst indicated that Police Officer candidates have been interviewed, and two positions will be filled based on the final list. Fehst stated that the first Community Emergency Response Team (CERT) training was held last Thursday at 6:00 p.m. This training was led by Officers Dale Sorensen and Rob Harvey, who are doing an excellent job. The next training will be offered to residents. Fehst stated that he, Mayor Peterson and Councilmember Nawrocki are attending. The training is a nine week program. Fehst indicated there was an incident tonight in the pharmacy at the 40th Avenue and Central Avenue medical building. Someone demanded $40 in OxyContin, left a bag on the counter implying it was a bomb, and fled. Nawrocki asked for an accounting of industrial park costs. Fehst stated the infonTlation is complete and should be in council member's mailboxes. Nawrocki asked that the City Manager submit a list of items he would work on during the next month and give a report at the following meeting. Fehst stated that he has done this with department heads and will meet with them again this week. Nawrocki suggested looking at taking bids for our legal contract and that each department review their budget placing three to five percent in a dedicated reserve fund. Fehst indicated that his previous request was for two percent, and that a list has been compiled. Fehst indicated that staff is conducting an appraisal of law firm contracts and services rendered in other communities. Report of the City Attorney - none CITIZENS FORUM Deb Johnson, 4626 Pierce, suggested that each Board or Commission interview candidates for their vacant positions. Deputy Clerk Muscovitz stated that the City Code requires the City Council to do this. COUNCIL CORNER Kelzenberg · State Representative Barb Goodwin will hold a town meeting on February 19th at our Library. · Resigned as the Park CmrLrnission liaison, so Mayor Peterson could become more involved with the Huset Park master plan. Peterson asked Kelzenberg to attend the meeting for him on February 23''a. He agreed. Williams · Attended the national prayer breakfast two weeks ago. 160 countries and many celebrities attended. · Read an email from Masjid AMman of the Islamic Center Mosque of Faith in appreciation for attendance at their Crossroads Conversations meeting. This strengthens multi-cultural ties in our City. There are 86 different countries represented in our public school system. · The Columbia Heights Mayor's Prayer Breakfast will be held on May 11th. · Attended the Landlord's meeting to discuss inspection fees. The landlords wanted what is best for the city. Lee Stauch recommended the $80,000 increase in fees. Assistant Fire Chief Gary Gonnan did a wonderful job running the meeting. · Thanked Elaine Feeley for her emails and sympathized for the loss of her father. Ms. Feeley City Council Minutes February 14, 2005 Page 11 of 13 succeeded in getting the deer removed from the Water Works property. · Pray for our neighbors, friends, and our City and for the health and peace of one another. Ericson Congratulated the 7th grade boys traveling basketball team on their 1st place win in the Lakeville tournament. They are still undefeated. The State Tournament is in March and encouraged residents to attend. · Spent two days last week at a public finance seminar, in a dual capacity. Many in attendance praised our City for the redevelopment in Grand Central Lofts and the industrial area. The feedback was extremely positive. · The Empty Bowls dinner will be Thursday, March 3rd at the Fridley Community Center for SACCA. The evening is dedicated to fighting hunger and attendees leave with a handcrafted bowl. · On behalf of the entire council - wished Councilmember Kelzenberg "A Happy Birthday". Nawrocki · Referred to comments at the public finance seminar. · Requested to set a meeting with our Legislators. · The CERT training is great. This is an emergency training he hopes we will never need to use. Corporal Okerstrom has put this together. Fehst stated the goal is to train 1,800 residents for an on call list. · Our Sister City Committee will hold a wheelchair fund raising spaghetti dinner on Sunday, March 6th at Murzyn Hall for our Sister City in Poland. · The new Council has been in business for one month, and gone reasonably well. Discussions have been civil and hopes that it continues. Peterson · Indicated that he has tickets available for the wheelchair fundraiser. There is less than $1,000 needed to raise the require $18,000 that will be matched by a California gentleman to purchase and ship 75 wheelchairs to our Sister City. He congratulated them on their hard work. This is quite an accomplishment. · The CERT training will be a great way to assist our community. It is also a way to meet new people and our Police Officers. · Was impressed with the landlord group at their meeting. It was a very positive experience. · Wished Fire Chief Charlie Thompson the best. He has been as asset to our colmnunity for over five years. This is a move up for him. · The Tri City Hockey fund raiser was Friday, with 150-160 people in attendance. One of our employees won the $5,000. · Has been touched watching T.V. regarding our service people, including those in Iraq. We do not appreciate our service men and women as much as we should. Several times a day we should remind ourselves what they do for us. Say a prayer for them. We are proud of them and thank them. · Don't take ourselves too seriously. ADJOURNMENT Mayor Peterson adjourned the meeting at 10:25 p.m. Pat~icia l~luscovitz, CMC 1 Deputy City Clerk/Council Secretary City Council Minutes February 14, 2005 Page 12 of 13 RESOLUTION NO. 2005-06 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2004 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", on or about March 1, 2004, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2004 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2004 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2004 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2004 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2004 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2004 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2004 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2004 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2004 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION NO. 2005-07 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2004 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2004 FCC Form 1205"), on or about March 1, 2004, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2004 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2004 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2004 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and City Council Minutes February 14, 2005 Page 13 of 13 regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2004 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a fmding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2004 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2004 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2004 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2004 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b).