HomeMy WebLinkAboutMay 27, 2003 RegularCITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
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ADMINIS TRA TION
May 23, 2003
MaFor
Julienne Wyckoff
Councilmembers
Robert,4. Williams
Bruce Nawrocki
Tarntnera Ericson
Bruce Kelzenberg
City Mtma~er
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Tuesday,
May 27, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
IThe 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 Deputy City Clerk at 763-706-3611,
to make arrangements. (TDD/706-3692 for deaf or he~.~aired only)
Invocation: Rev. Tom Carlson, First Lutheran Church
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
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.)
e
PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS
A) Proclamations - none
B) Presentations
1) VFW Post #230 - donations for fireworks, defibrillators, patriotic banners, American flags
C) Employee Oath - Officer Erik Johnston
D) Recognition - none
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) MOTION: Move to approve the Consent Agenda items as follows:
1) Approve City Council Meeting Minutes for May 5, 2003 special meeting and May 12 regular
meeting.
MOTION: Move to approve the minutes of the May 5, 2003 special City Council meeting and the
May 12, 2003, regular City Council meeting as presented.
2) Accept Boards and Commissions Meeting Minutes
a) MOTION: Move to accept thc March 18, 2003 minutes of the EDA
b) MOTION: Move to accept the April 24, 2003 minutes of the Charter Commission
c) MOTION: Move to accept the May 5, 2003 minutes of the Traffic Commission
d) MOTION: Move to accept the May 6, 2003 minutes of the Library Board of Trustees
e) MOTION: Move to accept the May 15, 2003 minutes of the Telecommunications Commission
f) MOTION: Move to accept the May 14, 2003 minutes of the Human Services Commission
THE CITY OF COLUMBIA HEIGHT5 DOE5 NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
May 27, 2003
Page 2 of 3
3)
Establish Work Session Meeting Date for June 2, 2003, City Hall Council Chambers, 7:00 p.m.
MOTION: Move to establish a Work Session meeting date for Monday, June 2, 2003 beginning at
7:00 p.m., in the City Hall Council Chambers.
4)
Adopt Resolution No. 2003-26, being a Resolution changing the date of the second regular City
Council Meeting in June 2003 to June 30, 2003.
MOTION: Move to waive the reading of Resolution No. 2003-26, there being ample copies
available to the public.
MOTION: Move to adopt Resolution No. 2003-26, being a Resolution changing the date of the City
of Columbia Heights regular City Council Meeting in June 2003.
5)
Adopt Resolution No. 2003-20, being a resolution adopting the 2003/2004 Sidewalk Maintenance
Policy
MOTION: Move to waive the reading of Resolution 2003-20 there being ample copies available to
the public.
MOTION: Move to adopt Resolution 2003-20, being a resolution adopting the 2003/2004 Sidewalk
Maintenance Policy.
6)
Approval of Building Inspection Service Contract with the City of New Brighton
MOTION: Move to approve the Columbia Heights Building Permit Contract Agreement between the
City of Columbia Heights and the City of New Brighton for Building Inspection Services through
December 31, 2005; and furthermore, to authorize the Mayor and City Manager to enter into an
agreement for the same..
7)
Establish a Hearing Date of June 9, 2003 for revocation or suspension of rental property license at
4410 Central Avenue NE
MOTION: Move to Establish a Hearing Date of June 9, 2003 for Revocation or Suspension of a
License to Operate a Rental Property within the City of Columbia Heights against Sandy Rush at
4410 Central Avenue N.E.
8)
Approve Rental Housing License Applications
MOTION: Move to approve the items listed for rental housing license applications for May 27,
2003.
9)
Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for May 27, 2003 as
presented.
Approve Payment of Bills
MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached
check register covering Check Number 103440 through 103639 in the amount of $782.687/45.
6. PUBLIC HEARINGS - none
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
City Council Agenda
May 27, 2003
Page 3 of 3
1)
Second Reading of Ordinance No. 1456, adopting the State Building Code
MOTION: Move to waive the reading of Ordinance No. 1456, there being ample copies available to
the public.
MOTION: Move to adopt Ordinance No. 1456, being an Ordinance adopting the State Building
Code.
B) Bid Considerations - none
C) Other Business
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
1) Upcoming Work Session Items
B) Report of the City Attorney
CITIZENS FORUM
(At this time, citizens have an oppommity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes.)
10. COUNCIL CORNER
11. ADJOURNMENT
Walte r~R.~Fe~~ a~~ger
WF/pvm
OFFICIAL PROCEEDING
CITY OF COLUMBIA HEIGHTS
SPECIAL CITY COUNCIL MEETING
MONDAY, MAY 5, 2003
rFIESE MINUTES HAVF
BEEN AP BROVED,
Pursuant to due call and notice thereof, a special meeting of the City Council of the City of Columbia Heights,
Minnesota, was duly held at 7:00 p.m. on Monday, May 5, 2003 in Conference Room 1, City Hall, 590 40th
Avenue N.E., Columbia Heights, MN.
Walt Fehst, City Manager, indicated that Mayor Wyckoff, Councilmember Kelzenberg, and himself met with
the NEI Board regarding the possibility of obtaining their building for use as a community center. There will
be a meeting next week to see if an agreement can be reached. Fehst asked for a Councilmember to be a
liaison to staff to analyze the information received from the NEI Board. Nawrocki indicated that would
require a need for the building, and that the analysis should be by someone who can identify problem& and
operating costs. Fehst stated this is a 3.5 to 4 acre site. NEI currently has a five year plan for improvements,
which includes work on the roof. Fehst indicated that we did repair parts of the gym floor and received credit
on our rental
CALL TO ORDER/ROLL CALL
Mayor Wyckoff called the meeting to order at 7:13 p.m.
Present: Mayor Wyckoff, Councilmembers Kelzenberg, Ericson, Nawrocki, and Williams
Absent: None
ITEM
A)
FOR CONSIDERATION
Bid Considerations
Adopt Resolution No. 2003-21, being a resolution authorizing the sale of general obligation
improvements bonds series 2003A.
Mayor Wyckoff announced that the order of business was consideration of the proposals which had
been received for the purchase of the City's approximately $2,600,000 General Obligation
Improvement and Sewer and Water Revenue Bonds, Series 2003A.
The tabulation of the proposals, which had been received in the manner specified in the Terms of
Proposal for the Bonds were distributed and were as follows:
True
Name of Bidder Price Net Interest Cost Interest
Rate
Northland Securities Ine $2,588,300.00 $697,568.33 3.4313%
Cronin & Co Inc $2,579,803.65 $695,302.18 3.4363 %
Citigroup Global Markets Inc
UBS Painewebber Inc
Morgan Stanley DW Inc
CIBC World Markets
Citizens Bank
US Bancorp Piper Jaffray $2,579,980.00 $695,827.50 3.4389%
Wells Fargo Brokerage Services LLC
Legg Mason Wood Walker Inc $2,584,732.90 $700,092.93 3.4617%
United Bankers Bank $2,585,620.00 $705,599.. 17 3.4756%
Miller Johnson Steichen Kinnard $2,574,000.00 $717,153.33 3.5449%
Investment Securities Inc
City Council Minutes
May 5, 2003
Page 2 of 3
Mark Ruff, representative for Ehlers and Associates was present. Ruff indicated the bond would be for
$2.6 million. He indicated that Moody's has given Columbia Heights an A-1 bond rating, through a
conference call with Ehlers, the City Manager, Finance Director, Assistant to the City Manager, and
the Public Works Director. Moody's stated they were encouraged by the City's redevelopment efforts
and indicated that in a couple of years they would be willing to look at an update. The City is financial
sound. Fehst stated that assessed market values have increased 63 percent in the last five years.
Ruff stated that bids were opened this morning. Northland Securities Inc. offered a 3.43 percent
interest rate, with coupons going from 1.1 percent interest to 4 percent in 2018. It was the
recommendation of Ehlers and Associates to award the sale of bonds to Northland Securities Inc.
Delivered would be in three weeks.
Nawrocki questioned the difference in the price, net interest cost and true interest rate, and stated that
Northland Securities appeared to not be the low bid. Ruffstated that the bid recommendation is based
on the True Interest Rate and explained each category. Ruff indicated that the bid specifications are
checked very carefully, and if the low bid was not the recommendation the other firms would have
questioned their decision.
Elrite referred to the handout and stated that the price column is the amount the City will actually
receive, and through Northland Securities we would receive the most. This reflects their cost and
interest, not the interest alone.
Nawrocki questioned the amount that would be owed. Elrite stated this is from internal borrowing, and
the amount was $2.6 million. Originally, the amount of $3.9 million would have include
reconstruction costs fi.om Zone 6B, but were advised by the attorney that this could not be included.
Nawrocki questioned several items in the Resolution. Ruff stated that payment next year would come
from the enterprise funds paid (utility fees) and assessments levied on the 2003 taxes. Ruff referred to
the required annual levy that would be cancelled on an annual basis. A sufficient amount of funds
must be carried, and must be transferred one month prior to payment.
Williams stated there would be excess funds, as the interest rate to be paid is less than the assessed
rate, and as homes are sold the assessments are paid in full. Elrite stated that we received a good
interest rate because we pledge to have the funds available one year in advance; the levy would just be
a backup.
Wyckoff stated that the information received from Ehlers was informative and educational. Fehst
stated that Moody's did not increase our rating to AA because of the State's financial status. Nawrocki
questioned the clause that if bonds are made taxable, we would be required to lobby against it. Ruff
indicated that certain IRS regulations might be different than that of the Bond Council. Nawrocki
questioned if these proceeds would pay off all work to date. Elrite indicated they would.
Nawrocki asked how these rates compare to others of a similar purpose. Ruff relayed several examples
of other bond sales and indicated that we benefited because of our rating and the drop in interest rates.
Wyckoff questioned the exact amount to put in the motion. Elrite stated the amount would be
$2,600,000.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2003-21, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
City Council Minutes
May 5, 2003
Page 3 of 3
Motion by Kelzenberg, second by Williams, to adopt Resolution #2003-21, being a resolution
authorizing the sale of $2,600,000 general obligation improvements bonds series 2003A. Upon vote:
Ayes: Wyckoff, Williams, Nawrocki, Ericson, and Kelzenberg. Nays: None. Motion carried. Said
Resolution was declared duly passed and adopted.
ADJOURNMENT
Wyckoff adjourned the meeting at 7:50 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
Attachment: Resolution 2003-21
RESOLUTION NO. 2003-21
A RESOLUTION AWARDING THE SALE OF $2,600,000 GENERAL
OBLIGATION IMPROVEMENT AND SEWER AND
WATER REVENUE BONDS, SERIES 2003A;
FIXING THEIR FORM AND SPECIFICATIONS;
DIRECTING THEIR EXECUTION AND DELIVERY;
AND PROVIDING FOR THEIR PAYMENT
BE 1T RESOLVED By the City Council of the City of Columbia Heights, Anoka County,
Minnesota (City) as follows:
Section 1. Flaek~m'mmd.
1.01. By Ordinance No.1455 (Ordinance), the City Council authorized issuance of
general obligation bonds in the maximum principal amount of $3,900,000 in order to finance
Zone 6A, Zone 6B and Zone 7 Street Improvements; and Central Avenue Improvements
(consisting of improvements designated as 1999-12 and 1999-12A).
1.02. The Zone 6A and Zone 6B Street Improvements and the 1999-12A portion of the
Central Avenue Improvements are referred to collectively as the "Assessable Improvements;"
and the Zone 7 Street Improvements and the 1999-12 portion of the Central Avenue
Improvements are referred to as the "Utility System Improvements."
1.03. The City has determined that, within 30 days after publication of the Ordinance,
no petition for a referendum on issuance of bonds was received by the City in accordance with
the City charter, and accordingly the City has determined to issue its $2,600,000 General
Obligation Improvement and Sewer and Water Revenue Bonds, Series 2003A (Bonds) in order
to finance the Assessable Improvements and the Utility System Improvements.
1.04. The proposal of Northland Securities, Inc. (Purchaser) to purchase the Bonds
described in the Terms of Proposal thereof is found and determined to be a reasonable offer and is
accepted, the proposal being to purchase the Bonds at a price of $2,588,300.00 plus accrued interest
to date of delivery, for Bonds bearing interest as follows:
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Year of Interest Year of Interest
2004 1.10% 2012 3.40%
2005 1.30% 2013 3.50%
2006 1.60% 2014 3.60%
2007 2.10% 2015 3.70%
2008 2.40% 2016 3.80%
2009 2.75% 2017 3.90%
2010 3.00% 2018 4.00%
2011 3.25%
Tree interest cost: 3.4313%
1.05. The sum of $20,800.00 being the mount proposed by the Purchaser in excess of
$2,567,500 will be credited as follows: $12,480.00 to the Improvements Account and the Utilities
Account, respectively, of the Debt Service Fund in accordance with Section 4.01(b) and (c) hereof,
and $8,320.00 to the Utility Improvements subaccount of the construction fund described in Section
4.01(d) hereof. The City Clerk-Treasurer is directed to retain the good faith check of the Purchaser,
pending completion of the sale of the Bonds, and to return the good faith checks of the unsuccessful
proposers forthwith. The Mayor and City Manager are directed to execute a contract with the
Purchaser on behalf of the City.
1.06. The City will forthwith issue and sell the Bonds pursuant to Minnesota Statutes,
Section 444.075 and Chapters 429 and 475 (Act), in the total principal amount of $2,600,000,
originally dated June 1, 2003, in the denomination of $5,000 each or any integral multiple thereof,
numbered No. R-l, upward, bearing interest as above set forth, and maturing serially on February 1
in the years and amounts as follows:
Year Amnunt Year Amntmt
2004 $135,000 2012 $190,000
2005 145,000 2013 190,000
2006 180,000 2014 165,000
2007 180,000 2015 165,000
2008 185,000 2016 165,000
2009 185,000 2017 170,000
2010 185,000 2018 175,000
2011 185,000
$1,030,000 of the Bonds (the Improvement Bonds) maturing in the amounts and on the dates set
forth below are being issued to finance the Assessable Improvements:
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2004 $45,000 2012 $75,000
2005 30,000 2013 75,000
2006 65,000 2014 80,000
2007 65,000 2015 80,000
2008 70,000 2016 75,000
2009 70,000 2017 80,000
2010 70,000 2018 80,000
2011 70,000
The remaining $1,570,000 of the Bonds (the Sewer and Water Revenue Bonds) maturing in the
amounts and on the dates set forth below are being issued to finance the Utility System
Improvements:
Year Amount Year Amount
2004 $ 90,000 2012 $115,000
2005 115,000 2013 115,000
2006 115,000 2014 85,000
2007 115,000 2015 85,000
2008 115,000 2016 90,000
2009 '115,000 2017 90,000
2010 115,000 2018 95,000
2011 115,000
1.07. Optinnal Redemption. The City may elect on February 1, 2010, and on any day
thereafter to prepay Bonds due on or after February 1, 2011. Redemption may be in whole or in
part and if in part, at the option of the City and in such manner as the City will determine. If less
than all Bonds of a maturity are called for redemption, the City will notify DTC (as defined in
Section 7 hereof) of the particular amount of such maturity to be prepaid. DTC will determine by
lot the amount of each participant's interest in such maturity to be redeemed and each participant
will then select by lot the beneficial ownership interests in such maturity to be redeemed.
Prepayments will be at a price of par plus accrued interest.
Section 2. Re~.qtrafion and Payment.
2.01. Re~qtered Fnrm. The Bonds will be issued only in fully registered form. The
interest thereon and, upon surrender of each Bond, the principal amount thereof, is payable by
check or draf~ issued by the Registrar described herein.
2.02. Date.q; lntere.qt Payrnent Date.q. Each Bond will be dated as of the last interest
payment date preceding the date of authentication to which interest on the Bond has been paid or
made available for payment, unless (i) the date of authentication is an interest payment date to
which interest has been paid or made available for payment, in which case the Bond will be dated
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as of the date of authentication, or (ii) the date of authentication is prior to the first interest payment
date, in which case the Bond will be dated as of the date of original issue. The interest on the
Bonds will be payable on February 1 and August 1 of each year, commencing February 1, 2004, to
the registered owners of record thereof as of the close of business on the fifteenth day of the
immediately preceding month, whether or not that day is a business day.
2.03. Re~.qtration, The City will appoint a bond registrar, transfer agent, authenticating
agent and paying agent (Registrar). The effect of registration and the rights and duties of the City
and the Registrar with respect thereto are as follows:
(a) Re, glarer. The Registrar must keep at its principal corporate trust office a bond
register in which the Registrar provides for the registration of ownership of Bonds and the
registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged.
(b) Transfer of Bonds. Upon surrender for transfer of a Bond duly endorsed by the
registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to
the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the
registered owner in writing, the Registrar will authenticate and deliver, in the name of the
designated transferee or transferees, one or more new Bonds of a like aggregate principal mount
and maturity, as requested by the transferor. The Registrar may, however, close the books for
registration of any transfer after the fifteenth day of the month preceding each interest payment date
and until that interest payment date.
(c) Exchange nf Bnnd.q. When Bonds are surrendered by the registered owner for
exchange the Registrar will authenticate and deliver one or more new Bonds of a like aggregate
principal amount and maturity as requested by the registered owner or the owner's attorney in
writing.
(d) Eanr, c21ali~. Bonds surrendered upon transfer or exchange will be promptly
cancelled by the Registrar and thereafter disposed of as directed by the City.
(e) lmpmper ar 1 lnanthnri~.ed Tran.qfer. When a Bond is presented to the Registrar for
transfer, the Registrar may refuse to transfer the Bond until the Registrar is satisfied that the
endorsement on the Bond or separate instrument of transfer is valid and genuine and that the
requested transfer is legally authorized. The Registrar will incur no liability for the refusal, in good
faith, to make transfers which it, in its judgment, deems improper or unauthorized.
(f) Persnn.q Deemed Owner~. The City and the Registrar may treat the person in whose
name a Bond is registered in the bond register as the absolute owner of the Bond, whether the Bond
is overdue or not, for the purpose of receiving payment of, or on account of, the principal of and
interest on the Bond and for all other purposes, and payments so made to a registered owner or
upon the owner's order will be valid and effectual to satisfy and discharge the liability upon the
Bond to the extent of the sum or sums so paid.
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(g) Taxes: Fees and CbarEes. The Registrar may impose a charge upon the owner
thereof for a transfer or exchange of Bonds sufficient to reimburse the Registrar for any tax, fee or
other governmental charge required to be paid with respect to the transfer or exchange.
(h) Mutilated: ln.~t; gtolen or DegtmyeA Rondg. If a Bond becomes mutilated or is
destroyed, stolen or lost, the Registrar will deliver a new Bond of like amount, number, maturity
date and tenor in exchange and substitution for and upon cancellation of the mutilated Bond or in
lieu of and in substitution for a Bond destroyed, stolen or lost, upon the payment of the reasonable
expenses and charges of the Registrar in connection therewith; and, in the case of a Bond destroyed,
stolen or lost, upon filing with the Registrar of evidence satisfactory to it that the Bond was
destroyed, stolen or lost, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance and amount satisfactory to it and as provided by
law, in which both the City and the Registrar must be named as obligees. Bonds so surrendered to
the Registrar will be cancelled by the Registrar and evidence of such cancellation must be given to
the City. If the mutilated, destroyed, stolen or lost Bond has already matured or been called for
redemption in accordance with its terms it is not necessary to issue a new Bond prior to payment.
(i) Radmn0Iina. In the event any of the Bonds are called for redemption, notice thereof
identifying the Bonds to be redeemed will be given by the Registrar by mailing a copy of the
redemption notice by first class mail (postage prepaid) for redemption to the registered owner of
each Bond to be redeemed at the address shown on the registration books kept by the Registrar and
by publishing the notice if required by law. Failure to give notice by publication or by mail to
registered owners, or any defect therein, will not affect the validity of the proceedings for the
redemption of Bonds. Bonds so called for redemption will cease to bear interest after the specified
redemption date, provided that the funds for the redemption are on deposit with the place of
payment at that time.
2.04. Appointment of Initial Re~trar. The City appoints U.S. Bank National
Association, St. Paul, Minnesota, as the initial Registrar. The Mayor and the City Manager are
authorized to execute and deliver, on behalf of the City, a contract with the Registrar. Upon merger
or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or
trust company authorized by law to conduct such business, the resulting corporation is authorized to
act as successor Registrar. The City agrees to pay the reasonable and customary charges of the
Registrar for the services performed. The City reserves the right to remove the Registrar upon 30
days' notice and upon the appointment of a successor Registrar, in which event the predecessor
Registrar must deliver all cash and Bonds in its possession to the successor Registrar and must
deliver the bond register to the successor Registrar. On or before each principal or interest due date,
without further order of this Council, the Clerk-Treasurer must transmit to the Registrar moneys
sufficient for the payment of all principal and interest then due.
2.05. F. xecutinn: Authentication and Delivery.. The Bonds will be prepared under the
direction of the City Manager and executed on behalf of the City by the signatures of the Mayor and
the City Manager, provided that all signatures may be printed, engraved or lithographed facsimiles
of the originals. If an officer whose signature or a facsimile of whose signature appears on the
Bonds ceases to be such officer before the delivery of any Bond, that signature or facsimile will
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nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in
office until delivery. Notwithstanding such execution, a Bond will not be valid or obligatory for
any purpose or entitled to any security or benefit under this Resolution unless and until a certificate
of authentication on the Bond has been duly executed by the manual signature of an authorized
representative of the Registrar. Certificates of authentication on different Bonds need not be signed
by the same representative. The executed certificate of authentication on a Bond is conclusive
evidence that it has been authenticated and delivered under this Resolution. When the Bonds have
been so prepared, executed and authenticated, the City Manager will deliver the same to the
Purchaser upon payment of the purchase price in accordance with the contract of sale heretofore
made and executed, and the Purchaser is not obligated to see to the application of the purchase
price.
2.06. Tempnra~ glnnd~q. The City may elect to deliver in lieu of printed definitive Bonds
one or more typewritten temporary Bonds in substantially the form set forth in Section 3 with such
changes as may be necessary to reflect more than one maturity in a single temporary bond. Upon
the execution and delivery of definitive Bonds the temporary Bonds will be exchanged therefor and
cancelled.
Section 3. Fnma nflalnnd,
3.01. The Bonds will be printed or typewritten in substantially the following form:
No. R- UNITED STATES OF AMERICA $
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
GENERAL OBLIGATION IMPROVEMENT AND SEWER
AND WATER REVENUE BOND, SERIES 2003A
Date of
Rate mallJ~ Ori~na] [q.que CI [RIP
Registered Owner: Cede & Co.
June 1, 2003
The City of Columbia Heights, Minnesota, a duly organized and existing municipal
corporation in Anoka County, Minnesota (City), acknowledges itself to be indebted and for value
received hereby promises to pay to the Registered Owner specified above or registered assigns, the
principal sum of $ on the maturity date specified above, with interest thereon fi.om the
date hereof at the annual rate specified above, payable February 1 and August 1 in each year,
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commencing February 1, 2004, to the person in whose name this Bond is registered at the close of
business on the fifteenth day (whether or not a business day) of the immediately preceding month.
The interest hereon and, upon presentation and surrender hereof, the principal hereof are payable in
lawful money of the United States of America by check or draft by U.S. Bank National Association,
St. Paul, Minnesota, as Bond Registrar, Paying Agent, Transfer Agent and Authenticating Agent, or
its designated successor under the Resolution described herein. For the prompt and full payment of
such principal and interest as the same respectively become due, the full faith and credit and taxing
powers of the City have been and are hereby irrevocably pledged.
The City may elect on February 1, 2010, and on any day thereafter to prepay Bonds due on
or after February 1, 2011. Redemption may be in whole or in part and if in part, at the option of the
City and in such manner as the City will determine. If less than all Bonds of a maturity are called
for redemption, the City will notify The Depository Trust Company (DTC) of the particular amount
of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest
in such maturity to be redeemed and each participant will then select by lot the beneficial ownership
interests in such maturity to be redeemed. Prepayments will be at a price of par plus accrued
interest.
The City Council has designated the issue of Bonds of which this Bond forms a part as
"qualified tax exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue
Code of 1986, as amended (the Code) relating to disallowance of interest expense for financial
institutions and within the $10 million limit allowed by the Code for the calendar year of issue.
This Bond is one of an issue in the aggregate principal amount of $2,600,000 all of like
original issue date and tenor, except as to number, maturity date, redemption privilege, and interest
rate, all issued pursuant to a resolution adopted by the City Council on May 5, 2003 (the
Resolution), for the purpose of providing money to aid in financing various improvements to the
water and sewage disposal system of the City and certain other local improvements, pursuant to and
in full conformity with the home rule charter of the City and the Constitution and laws of the State
of Minnesota, including Minnesota Statutes, Section 444.075 and Chapters 429 and 475 and the
principal hereof and interest hereon are payable in part primarily from special assessments levied or
to be levied on property specially benefited by local improvements, in part from ad valorem taxes
for the City's share of the cost of the improvements, and in part from net revenues of the water and
sewer system, as set forth in the Resolution to which reference is made for a full statement of rights
and powers thereby conferred. The full faith and credit of the City are irrevocably pledged for
payment of this Bond and the City Council has obligated itself to levy additional ad valorem taxes
on all taxable property in the City in the event of any deficiency in net revenues and special
assessments pledged, which taxes may be levied without limitation as to rate or amount. The
Bonds of this series are issued only as fully registered Bonds in denominations of $5,000 or any
integral multiple thereof of single maturities.
As provided in the Resolution and subject to certain limitations set forth therein, this Bond
is transferable upon the books of the City at the principal office of the Bond Registrar, by the
registered owner hereof in person or by the owners attorney duly authorized in writing upon
surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar,
SJB-230948vl
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duly executed by the registered owner or the owner's attome~ and may also be surrendered in
exchange for Bonds of other authorized denominations. Upon such transfer or exchange the City
will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of
the same aggregate principal amount, bearing interest at the same rate and maturing on the same
date, subject to reimbursement for any tax, fee or governmental charge required to be paid with
respect to such transfer or exchange.
The City and the Bond Registrar may deem and treat the person in whose name this Bond is
registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of
receiving payment and for all other purposes, and neither the City nor the Bond Registrar will be
affected by any notice to the contrary.
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
conditions and things required by the home rule charter of the City and the Constitution and laws of
the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the
issuance of this Bond in order to make it a valid and binding general obligation of the City in
accordance with its terms, have been done, do exist, have happened and have been performed as so
required, and that the issuance of this Bond does not cause the indebtedness of the City to exceed
any constitutional, statutory or charter limitation of indebtedness.
This Bond is not valid or obligatory for any purpose or entitled to any security or benefit
under the Resolution until the Certificate of Authentication hereon has been executed by the Bond
Registrar by manual signature of one of its authorized representatives.
IN WITNESS WHEREOF, the City of Columbia Heights, Anoka County, Minnesota, by its
City Council, has caused this Bond to be executed on its behalf by the facsimile or manual
signatures of the Mayor and City Manager and has caused this Bond to be dated as of the date set
forth below.
Dated:
CITY OF COLUMBIA HEIGHTS,
MINNESOTA
.(Fae~qimile) (Fae.qimile)
City Manager Mayor
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CERTIFICATE OF AUTHENTICATION
This is one of the Bonds delivered pursuant to the Resolution mentioned within.
U.S. BANK NATIONAL ASSOCIATION
By
Authorized Representative
The following abbreviations, when used in the inscription on the face of this Bond, will be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM -o as tenants
in common
TEN ENT -- as tenants
by entireties
JT TEN--
as joint tenants with
right of survivorship and
not as tenants in common
UNIF GIFT MIN ACT Custodian
(Cus0
under Uniform Gifts or
Transfers to Minors
(State)
Additional abbreviations may also be used though not in the above list.
(Minor)
ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto
the within Bond and all rights thereunder, and
does hereby irrevocably constitute and appoint attorney to transfer
the said Bond on the books kept for registration of the within Bond, with full power of substitution
in the premises.
Dated:
Notice:
The assignor's signature to this assignment must correspond with the name
as it appears upon the face of the within Bond in every particular, without
alteration or any change whatever.
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Signature Guaranteed:
Signature(s) must be guaranteed by a financial institution that is a member of the Securities
Transfer Agent Medallion Program ("STEMP"), the Stock Exchange Medallion Program
("SEMP"), the New York Stock Exchange, Inc. Medallion Signatures Program ("MSP"") or other
such "signature guarantee program" as may be determined by the Registrar in addition to, or in
substitution for, STAMP, SEMP or MSP, all in accordance with the Securities Exchange Act of
1934, as mended.
The Bond Registrar will not effect transfer of this Bond unless the information concerning
the assignee requested below is provided.
Name and Address:
(Include information for all joint owners if this Bond is held by joint account.)
Please insert social security or other
identifying number of assignee
PROVISIONS AS TO REGISTRATION
The ownership of the principal of and interest on the within Bond has been registered on the
books of the Registrar in the name of the person last noted below.
Date nfRe~i.qtratinn Re~.qtered Owner
Signature of
Officer of the Re~qtrar
Cede & Co.
Federal ID #13-2555119
3.02. The City Manager will obtain a copy of the proposed approving legal opinion of
Kennedy & Graven, Chartered, Minneapolis, Minnesota, which will be complete except as to
dating thereof and will cause the opinion to be printed on or accompany each Bond.
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Section 4. pRyrnent~ .~eeuri~ ple~l~e.q ancl CnvenRnt.q.
4.01. (a) The Bonds are payable from the General Obligation Improvement and Sewer and
Water Revenue Bonds, Series 2003A Debt Service Fund (Debt Service Fund) hereby created. The
City shall maintain an "Improvements Account" (Improvements Account) and a "Sewer and Water
Utilities Account" (Utilities Account) in the Debt Service Fund.
(b) The City Manager shall timely deposit in the Improvements Account the special
assessments (Assessments) and taxes (Taxes) levied or to be levied for the Assessable
Improvements, which Assessments and Taxes are pledged to that account of the Debt Service
Fund. There is also appropriated to the Improvements Account of the Debt Service Fund 60% of
(i) any amount over the minimum purchase price paid by the Purchaser and (ii) the accrued interest
paid by the Purchaser upon closing and delivery of the Bonds. If any payment of principal or
interest on the Improvement Bonds portion of the Bonds shall become due when there is not
sufficient money in the Improvements Account of the Debt Service Fund to pay the same, the City
Clerk-Treasurer is directed to pay such principal or interest from the general fund of the City, and
the general fund will be reimbursed for such advances out of the proceeds of Assessments and
Taxes when received.
(c) The Cit~ will create and continue to operate its Water and Sewer Fund to which will
be credited all gross revenues of the water and sewer plant and system and out of which will be
paid all normal and reasonable expenses of current operations of the water and sewer plant and
system. Any balance therein are deemed net revenues and will be transferred, fxom time to time,
to the Utilities Account of Debt Service Fund, hereby created in the Water and Sewer Fund, which
account will be used only to pay principal of and interest on Sewer and Water Revenue Bonds
portion of the Bonds and any other bonds similarly authorized. There will always be retained in
the Utilities Account of the Debt Service Fund a sufficient amount to pay principal of and interest
on all the Sewer and Water Revenue Bonds portion of the Bonds and the City Manager must
report any current or anticipated deficiency in the Utilities Account to the City Council. There is
appropriated to the Utilities Account of the Debt Service Fund 40% of (i) any amount over the
minimum purchase price paid by the Purchaser and (ii) the accrued interest paid by the Purchaser
upon closing and delivery of the Bonds.
(d) The proceeds of the Bonds, less the appropriations made in paragraphs (b) and (c),
together with any other funds appropriated during the construction of the Assessable
Improvements and the Utility Improvements (collectively, the Improvements) will be deposited in
an Assessable Improvements subaccount and a Utility Improvements subaccount, respectively, in a
separate construction fund to be used solely to defray expenses of the Improvements and the
payment of principal and interest on the Bonds prior to the completion and payment of all costs of
the Projects. When the Improvements are completed and the cost thereof paid, the construction
account is to be closed and any balance in the respective subaccounts therein to be deposited in the
Improvements Account and the Utilities Account, respectively, of the Debt Service Fund, as the
case may be.
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4.02. It is hereby determined that the Assessable Improvements will directly and indirectly
benefit abutting property, and the City hereby covenants with the holders from time to time of the
Bonds as follows:
(a) The City has caused or will cause the Assessments for the Assessable Improvements
to be promptly levied so that the first installment will be collectible not later than 2003 and will
take all steps necessary to assure prompt collection, and the levy of the Assessments is hereby
authorized. The City Council will cause to be taken with due diligence all further actions that are
required for the construction of each Improvement financed wholly or partly from the proceeds of
the Improvement Bonds portion of the Bonds, and will take all further actions necessary for the
final and valid levy of the Assessments and the appropriation of any other funds needed to pay the
Improvement Bonds portion of the Bonds and interest thereon when due.
(b) In the event of any current or anticipated deficiency in Assessments and Taxes, the
City Council will levy additional ad valorem taxes in the amount of the current or anticipated
deficiency.
(c) The City will keep complete and accurate books and records showing: receipts and
disbursements in connection with the Assessable Improvements, Assessments and Taxes levied
therefor and other funds appropriated for their payment, collections thereof and disbursements
therefrom, monies on hand and, the balance of unpaid-Assessments and Taxes.
(d) The City will cause its books and records to be audited at least annually and will
furnish copies of such audit reports to any interested person upon request.
4.03. The City Council covenants and agrees with the holders of the Bonds that so long as
any of the Sewer and Water Revenue Bonds portion of the Bonds remain outstanding and unpaid, it
will keep and enforce the following covenants and agreements:
(a) The City will continue to maintain and efficiently operate the water and sewer plant
and system as public utilities and conveniences free from competition of other like utilities and will
cause all revenues therefrom to be deposited in bank accounts and credited to the water and sewer
system accounts as hereinabove provided, and will make no expenditures from those accounts
except for a duly authorized purpose and in accordance with this resolution.
(b) The City will also maintain the Utilities Account of the Debt Service Fund as a
separate account in the Water and Sewer Fund and will cause money to be credited thereto from
time to time, out of net revenues from the water and sewer plant and system in sums sufficient to
pay principal of and interest on the Sewer and Water Revenue Bonds portion of the Bonds when
due.
(c) The City will keep and maintain proper and adequate books of records and accounts
separate fi'om all other records of the City in which will be complete and correct entries as to all
transactions relating to the water and sewer plant and system and which will be open to inspection
and copying by any bondholder, or the bondholder's agent or attorney, at any reasonable time, and it
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will furnish certified transcripts therefrom upon request and upon payment of a reasonable fee
therefor, and said account will be audited at least annually by a qualified public accountant and
statements of such audit and report will be furnished to all bondholders upon request.
(d) The City Council will cause persons handling revenues of the water and sewer plant
and system to be bonded in reasonable amounts for the protection of the City and the bondholders
and will cause the funds collected on account of the operations of the water and sewer plant and
system to be deposited in a bank whose deposits are guaranteed under the Federal Deposit
Insurance Law.
(e) The Council will keep the water and sewer plant and system insured at all times
against loss by fire, tornado and other risks customarily insured against with an insurer or insurers
in good standing, in such amounts as are customary for like plants, to protect the holders, from time
to time, of the Bonds and the City from any loss due to any such casualty and will apply the
proceeds of such insurance to make good any such loss.
(f) The City and each and all of its officers will punctually perform all duties with
reference to the water and sewer plant and system as required by law.
(g) The City will impose and collect charges of the nature authorized by Minnesota
Statutes, Section 444.075 at the times and in the amounts required to produce, net revenues
adequate to pay all principal and interest when due on the Sewer and Water Revenue Bonds portion
of the Bonds and to create and maintain such reserves securing said payments as may be provided
in this resolution.
(h) The City Council will levy general ad valorem taxes on all taxable property in the
City, when required to meet any deficiency in net revenues.
4.04. It is hereby detem~ined that at least 20% of the cost of the Assessable Improvements
will be specially assessed against benefited properties. For the purpose of paying the principal of
and interest on the Improvement Bonds portion of the Bonds, there is levied a direct annual
irrepealable ad valorem tax (Taxes) upon all of the taxable property in the City, which will be
spread upon the tax rolls and collected with and as part of other general taxes of the City. The taxes
will be credited to the Debt Service Fund above provided and will be in the years and amounts as
follows (year stated being year of levy for collection the following year):
~
(See Attachment A)
4.05. It is hereby determined that the estimated collections of Assessments and the
foregoing Taxes will produce at lest five percent in excess of the amount needed to meet when due
the principal and interest payments on the Improvement Bonds portion of the Bonds. The tax levy
herein provided is irrepealable until all of the Improvement Bonds portion of the Bonds are paid,
provided that at the time the City makes its annual tax levied the City Manager may certify to the
SJB-230948vl
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Manager of Property Records & Taxation of Anoka County the mount available in the
Improvements Account of the Debt Service Fund to pay principal and interest due during the
ensuing year, and the Manager of Property Records & Taxation will thereupon reduce the levy
collectible during such year by the amount so certified.
4.06. It is hereby determined that the estimated collection of net revenues for the
payment of principal and interest on the Sewer and Water Revenue Bonds portion of the Bonds
will produce at least five percent in excess of the amount needed to meet, when due, the principal
and interest payments on such portion of the Bonds and that no tax levy is needed at this time
with respect to the Sewer and Water Revenue Bonds portion of the Bonds.
4.07. The City Administrator is directed to file a certified copy of this Resolution with the
Manager of Property Records & Taxation of Anoka County and obtain the certificate required by
Minnesota Statutes, Section 475.63.
Section 5. Anthenfieation of Tran.qeript.
5.01. The officers of the City are authorized and directed to prepare and furnish to the
Purchaser and to the attorneys approving the Bonds, certified copies of proceedings and records of
the City relating to the Bonds and to the financial condition and affairs of the City, and such other
certificates, affidavits and transcripts as may be required to show the facts within their knowledge
or as shown by the books and records in their custody and under their control, relating to the
validity and marketability of the Bonds, and such instruments, including any heretofore furnished,
will be deemed representations of the City as to the facts stated therein.
5.02. The Mayor and City Manager are authorized and directed to certify that they have
examined the Official Statement prepared and circulated in connection with the issuance and sale of
the Bonds and that to the best of their knowledge and belief the Official Statement is a complete
and accurate representation of the facts and representations made therein as of the date of the
Official Statement.
Section 6. T. ax_12mamaat.
6.01. The City covenants and agrees with the holders fi.om time to time of the Bonds that
it will not take or permit to be taken by any of its officers, employees or agents any action which
would cause the interest on the Bonds to become subject to taxation under the Internal Revenue
Code of 1986, as amended (the Code), and the Treasury Regulations promulgated thereunder, in
effect at the time of such actions, and that it will take or cause its officers, employees or agents to
take, all affirmative action within its power that may be necessary to ensure that such interest will
not become subject to taxation under the Code and applicable Treasury Regulations, as presently
existing or as hereafter amended and made applicable to the Bonds.
6.02. (a) The City will comply with requirements necessary under the Code to establish
and maintain the exclusion fi.om gross income of the interest on the Bonds under Section 103 of the
Code, including without limitation requirements relating to temporary periods for investments,
SJB-230948vl
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limitations on amounts invested at a yield greater than the yield on the Bonds, and the rebate of
excess investment earnings to the United States if the Bonds (together with other obligations
reasonably expected to be issued in calendar year 2003) exceed the small-issuer exception amount
of $5,000,000.
(b) For purposes of qualifying for the small issuer exception to the federal arbitrage
rebate requirements, the City finds, determines and declares that the aggregate face amount of all
tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities
of the City) during the calendar year in which the Bonds are issued and outstanding at one time is
not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(C) of the
Code.
6.03. The City further covenants not to use the proceeds of the Bonds or to cause or
permit them or any of them to be used, in such a manner as to cause the Bonds to be "private
activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code.
6.04. In order to qualify the Bonds as "qualified tax-exempt obligations" within the
meaning of Section 265(b)(3) of the Code, the City makes the following factual statements and
representations:
(a) the Bonds are not "private activity bonds" as defined in Section 141 of the Code;
(b) the City designates the Bonds as "qualified tax-exempt obligations" for purposes of
Section 265(b)(3) of the Code;
(c) the reasonably anticipated amount of tax-exempt obligations (other than private
activity bonds that are not qualified 501(c)(3) bonds) which will be issued by the City (and
all subordinate entities of the City) during calendar year 2003 will not exceed $10,000,000;
and
(d) not more than $10,000,000 of obligations issued by the City during calendar year
2003 have been designated for purposes of Section 265(b)(3) of the Code.
6.05. The City will use its best efforts to comply with any federal procedural requirements
which may apply in order to effectuate the designations made by this section.
Section 7. lqnnk-Entry ,qy.qtem; l.imited Ohligatinn nfCi~_
7.01. The Bonds will be initially issued in the form of a separate single typewritten or
printed fully registered Bond for each of the maturities set forth in Section 1.03 hereof. Upon initial
issuance, the ownership of each Bond will be registered in the registration books kept by the Bond
Registrar in the name of Cede & Co., as nominee for The Depository Trust Company, New York,
New York, and its successors and assigns (DTC). Except as provided in this section, all of the
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outstanding Bonds will be registered in the registration books kept by the Bond Registrar in the
name of Cede & Co., as nominee of DTC.
7.02. With respect to Bonds registered in the registration books kept by the Bond Registrar
in the name of Cede & Co., as nominee of DTC, the City, the Bond Registrar and the Paying Agent
will have no responsibility or obligation to any broker dealers, banks and other financial institutions
fi.om time to time for which DTC holds Bonds as securities depository (Participants) or to any other
person on behalf of which a Participant holds an interest in the Bonds, including but not limited to
any responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co.
or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any
Participant or any other person (other than a registered owner of Bonds, as shown by the
registration books kept by the Bond Registrar), of any notice with respect to the Bonds, including
any notice of redemption, or (iii) the payment to any Participant or any other person, other than a
registered owner of Bonds, of any amount with respect to principal of, premium, if any, or interest
on the Bonds. The City, the Bond Registrar and the Paying Agent may treat and consider the
person in whose name each Bond is registered in the registration books kept by the Bond Registrar
as the holder and absolute owner of such Bond for the purpose of payment of principal, premium
and interest with respect to such Bond, for the purpose of registering transfers with respect to such
Bond, and for all other purposes. The Paying Agent will pay all principal of, premium, if any, and
interest on the Bonds only to or on the order of the respective registered owners, as shown in the
registration books kept by the Bond Registrar, and all such payments will be valid and effectual to
fully satisfy and discharge the City's obligations with respect to payment of principal of, premium,
if any, or interest on the Bonds to the extent of the sum or sums so paid. No person other than a
registered owner of Bonds, as shown in the registration books kept by the Bond Registrar, will
receive a certificated Bond evidencing the obligation of this resolution. Upon delivery by DTC to
the City Manager of a written notice to the effect that DTC has determined to substitute a new
nominee in place of Cede & Co., the words "Cede & Co.," will refer to such new nominee of DTC;
and upon receipt of such a notice, the City Manager will promptly deliver a copy of the same to the
Bond Registrar and Paying Agent.
7.03. llepre~entation letter. The City has heretofore executed and delivered to DTC a
Blanket Issuer Letter of Representations (Representation Letter) which shall govern payment of
principal of, premium, if any, and interest on the Bonds and notices with respect to the Bonds. Any
Paying Agent or Bond Registrar subsequently appointed by the City with respect to the Bonds will
agree to take all action necessary for all representations of the City in the Representation letter with
respect to the Bond Registrar and Paying Agent, respectively, to be complied with at all times.
7.04. Tmnsfem Outside Rook-Entry ~qygtem. In the event the City, by resolution of the City
Council, determines that it is in the best interests of the persons having beneficial interests in the
Bonds that they be able to obtain Bond certificate, the City will notify DTC, whereupon DTC will
notify the Participants, of the availability through DTC of Bond certificates. In such event the City
will issue, transfer and exchange Bond certificates as requested by DTC and any other registered
owner in accordance with the provisions of this Resolution. DTC may determine to discontinue
providing its services with respect to the Bonds at any time by giving notice to the City and
discharging its responsibilities with respect thereto under applicable law. In such event, if no
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successor securities depository is appointed, the City will issue and the Bond Registrar will
authenticate Bond certificates in accordance with this resolution and the provisions hereof will
apply to the transfer, exchange and method of payment thereof.
7.05. Payment,q to Cede & Co_ Notwithstanding any other provision of this Resolution to
the contrary, so long as a Bond is registered in the name of Cede & Co., as nominee of DTC,
payments with respect to principal of, premium, if any, and interest on the Bond and all notices with
respect to the Bond will be made and given, respectively in the manner provided in DTC's
Operational Arrangements, as set forth in the Representation Letter.
Section 8. Continuing Di.qelo~qure.
8.01. In order to qualify the Bonds for limited continuing disclosure under paragraph
(d)(2) of Securities and Exchange Commission Rules, Section 15c2-12 (the SEC Rule), the City
makes the following factual statement and representation: As of the date of delivery of the
Bonds, the City will not be n obligated person (as defined in paragraph (f) of the SEC Rule) with
respect to more than $10,000,000 in aggregate amount of outstanding municipal securities,
including the Bonds and excluding municipal securities that were exempt from the SEC Rule
pursuant to paragraph (d)(1) thereof.
8.02. The City hereby covenants and agrees that it will comply with and carry out all of
the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of
this Resolution, failure of the City to comply with the Continuing Disclosure Certificate is not to
be considered an event of default with respect to the Bonds; however, any Bondholder may take
such actions as may be necessary and appropriate, including seeking mandate or specific
performance by court order, to cause the City to comply with its obligations under this section.
8.03. "Continuing Disclosure Certificate" means that certain Continuing Disclosure
Certificate executed by the Mayor and City Manager and dated the date of issuance and delivery
of the Bonds, as originally executed and as it may be amended from time to time in accordance
with the terms thereof.
Section 9. ~.
9.01. When all Bonds (or all of either the Improvement Bonds or Sewer and Water
Revenue Bonds portion thereof) have been discharged as provided in this section, all pledges,
covenants and other rights granted by this resolution (with respect to the Improvement Bonds or
Sewer and Water Revenue Bonds portion of the Bonds, as the case may be) to holders of the
Bonds will cease, except that the pledge of the full faith and credit of the City for the prompt and
full payment of the principal of and interest on the Bonds will remain in full force and effect.
The City may discharge all Bonds (or all of either the Improvement Bonds or Sewer and Water
Revenue Bonds portion thereof) which are due on any date by depositing with the Registrar on or
before that date a sum sufficient for the payment thereof in full. If any Bond should not be paid
when due, it may nevertheless be discharged by depositing with the Registrar a sum sufficient for
the payment thereof in full with interest accrued to the date of such deposit.
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Passexl this 5t~ day of May 2003
Offered by:
Second by:
Roll call:
Kelzenberg
Williams
Ayes: Wyckoff, Williams, Nawrocki, Kelzenberg, Ericson
Nays: None
Attest:
Mayor Julienne Wyckoff
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
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STATE OF MINNESOTA )
)
COUNTY OF ANOKA ) SS.
)
CITY OF COLUMBIA )
HEIGHTS )
I, the undersigned, being the duly qualified and acting Manager of the City of Columbia
Heights, Anoka County, Minnesota, do hereby certify that I have carefully compared the attached
and foregoing extract of minutes of a regular meeting of the City Council of the City held on May 5,
2003 with the original minutes on file in my office and the extract is a full, tree and correct copy of
the minutes insofar as they relate to the issuance and sale of $ General Obligation
Improvement and Sewer and Water Revenue Bonds, Series 2003A of the City.
WITNESS My hand officially as such Manager and the corporate seal of the City this
__ day of ,2003.
City Manager
Columbia Heights, Minnesota
(SEAL)
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STATE OF MINNESOTA
COUNTY OF ANOKA
MANAGER OF PROPERTY
RECORDS & TAXATION'S
CERTIFICATE AS TO
TAX LEVY AND
REGISTRATION
I, the undersigned Manager of Property Records & Taxation of Anoka County,
Minnesota, hereby certify that a certified copy of a resolution adopted by the goveming body of
the City of Columbia Heights, Minnesota, on May 5, 2003, levying taxes for the payment of
$ General Obligation Improvement and Sewer and Water Revenue Bonds, Series
2003A, of said municipality dated June 1, 2003, has been filed in my office and said bonds have
been entered on the register of obligations in my office and that such tax has been levied as
required by law.
WITNESS My hand and official seal this ~ day of ,2003.
(SEAL)
Manager of Property Records & Taxation
Anoka County, Milmesota
By
Deputy
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PRINCIPAL AND INTEREST PAYMENT SCHEDULE
City of Columbi~ Heights, MlnnaSMa
$2,~0,000 General (X)ligation Improvement and Sewer ind W~ter Revenue Bond~ Serial 2003A
Da~ed Date:
Call Date.
6/1/2OO3
2/1/2010
Breakdown of Payment~ AtbtbutaMa to:
Tobl Paymlntl on 2003A Bom:Il
Payment To~I Special A/alllmlnt P~ ~ ~ W~ ~ue P~
Due Data Phial R~e Intem~ P A I ~ual T~I P~ ~lt ~al Total P~I Int~s{ ~n~l T~al
211~ 1~.~ I 1~ ~.783 33 165.783.~ 185,7~ ~ ~.~ ~ ~,423 33 119.423 ~ 45.~.~ 21,~ ~.~.~
~112~ 37,~5.~ 37,~5 ~ 21,572 ~ 15,772
211~ 145.~ 1 ~ 37.~5.~ 182,~5 ~ 2196~ ~ 115~ 21.572.~ 158.145.~ ~.~ 15,772 ~ 61,~5 ~
~1~5 ~.~2.~ ~.~2.~ 20.~5.~ 15,577
211~ 1~.~ 1 6~ ~,4~ ~ 216,~2 ~ 2~,~5 ~ 115.~ ~ 20,825 ~ ~ ~.650.~
WI~ ~,~2~ ~.~.~ 19.~ 15,~7.~
2111~7 1~.~ 21~ ~.~2~ 214,~2 ~ 249.925 ~ 115.~.~ 19.~ 1~.810~ ~,~.~ 15,~7.~ ~,115.~
~1~7 33.072 ~ 33,072.~ 18.697 ~ 14.375
211~ 185~ 24~ 33,072.~ 218.072.~ 251.145 ~ 115,~.~ 18.~7.~ 152.395 ~ 70.~ 14.375 ~ ~.7~
WI~ 30,~2.~ ~.~2.~ 17,317.~ 13.~5.~
2/1~ 185 ~ 2 7~ ~.~ ~ 215.~2.~ 2~.705.~ 115.~.~ 17.317.~ 149,~5.~ 70,~.~ 13.~.~ 97.070.~
811~ 28.~ 75 28,~.75 15,7~.25 12,572 ~
~1~010 185.~ 3 ~ 28.~.75 213,~ 75 241.617.~ 115.~.~ 15.7~.25 I~.472 ~ 70.~ 12.~2 ~ 95.145.~
W1~010 25,~ 75 25.533.75 14.011.25 11,~
2/1~011 1~ 32~ 25,5~.75 210,~3.75 2~,~7 ~ 115,~.~ 14,011.25 143.022 ~ 70.~.~ 11,5~.~
~1~011 ~.527.~ ~.527.~ 12,142.~ 10,~5.~
2/112012 i~.~ 3.4~ ~.527 ~ 212,527.~ 235, D55.~ 115.~ ~ !2.142 ~ ~39.285 ~ 75,~ ln~ 95.770.~
W1~12 19297 ~ 19.~7 ~ 10,187 ~ 9.110.~
~1~013 ~ 35~ 19.297 ~ 2~.~7 ~ 228.5~.~ 115.~ ~ 10,187 ~ ~ 35.375.~ 75.~ 9,110~ 93~220.~
W1~013 15,972.~ 15.972.~ 8,175.~ 7.797.~
~1~014 165.~ 3~ 15,972 ~ 1~,972 ~ 1~.~5~ 85.~ 8.175.~ 101,3~
W1~014 13.~2.~ 13,~.~ 6.~5.~ 6,~7~
~t~15 165.~ 3.7~ 13.~2 ~ 178,~.~ 191.~5 ~ ~.~ 6.~5.~ ~,2~.~ ~,~ 6.357.~ 92.715 ~
W1~15 9.~ 9,~.~ 5,072.~ 4.877.~
~1~016 1~.~ 3~ 9.9~ 174,~.~ t~,~.~ ~,~.~ 5,072 ~ 95.145.~ ~.~.~ 4,877.~ ~.755.~
~1~016 6.815.~ 6,815.~ 3,~7~ 3,357.~
2/1~17 170,~ 3.~ 6,815 ~ 176,815.~ 1~,~.~ ~,~ 3,457.~ 91,915~ ~.~.~ 3,357.~ 91.715.~
~112017 3,~.~ 3,~.~ 1.~.~ 1.7~.~
~1~018 175,~ 4.~ 3.~.~ 178,~.~ 1~,~.~ ~,~.~ 1 ,~.~ 93,~.~ 85,~ 1,7~.~ 88.4~.~
2,~r~.~ ~l~.~ 3.~,~.~ 3,2~,~.~ 1.~,~.~ ~.513.~ 1,9~1513.~ 1r~5~.~ ~1~.~ lr~,~.~
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CUSIP No
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Tax Levy Calculation For:
Cit~ of Columbia Heightsr Minnesota
$2,600,000 General Obligation Improvement and Sewer and Water Revenue Bonds, Series 2003A
$1,555,000 General Obligation Improvement Bond portion:
Levy Collect Pay
Year Year Year
2002 / 2003 2004
2003 I 2004 2005
2004 / 2005 2006
2005 / 2006 2007
2006 I 2007 2008
2007 I 2OO8 2009
2008 I 2009 2010
2009 / 2010 2011
2010 i 2011 2012
2011 / 2012 2013
2012 / 2013 2014
2013 I 2014 2015
2014 / 2015 2016
2015 / 2016 2017
2016 ! 2017 2018
2017 I 2018 2019
Totals
$1,556,000 $1,555,000
Improvement (2) (3) (4) Improvement
Portion of Funds P & I Less: Less: Less: Portion
Total P & I Available Ill x 105% Spec Aesmte spec Assmts Spec Aesmte Ne~ Lev~
119,423.33 12,987.83 111.757.28 34,158.00 0.00 49,975.00 27,624.28
158,145,00 166,052.25 33,128.00 53,036.00 48,202.00 31,686.25
156,650.00 164,482.50 32,099.00 51,290.00 46,428.00 34,665.50
154,810.00 162,550.50 31,070.00 49,545.00 44,655.00 37,280.50
152.395.00 160,014.75 30,040.00 47,799.00 42,882.00 39,293.75
149,635.00 157,116.75 29,011,00 46,054.00 41,109.00 40,942.75
146,472.50 153,796.13 27,981.00 44,308.00 39,335.00 42,172.13
143,022.50 150,173.63 26,952.00 42,563.00 37,56200 43,096.63
139,285.00 146,249.25 25,922.00 40,817.00 35,789.00 43,721.25
135,375.00 142,143.75 24,893.00 39,072.00 34,015.00 44,163.75
101,350.00 106,417.50 23,864.00 37,326.00 45,227.50
98,290.00 103,204.50 22,834.00 35,581.00 44,789.50
95,145.00 99,902.25 21,80500 33,835.00 44,262.25
91,915.00 96,510.75 20,775.00 32,090.00 43,645.75
93,600.00 98,280.00 19,746.00 30,344.00 48,190.00
28,599.00
1,935,513.33 12,987.83 2,018,661.78 404,278.00 612,259.00 419,952.00 610,761.78
$1,558,000
Improvement
Portion
Tax Levy
27.700
31.700
34,700
37,300
39.300
41,000
42.200
43.100
43,800
44.200
45.30O
44.800
44.300
43,700
48,200
611,300
(1) The following funds are available to pay a portion of the interest payment due February 1, 2004:
Accrued Interest: $507.83
Unused Discount: 12~480.00
Total Funds Available: '$12~987.83
(2) Projected Special Assessment revenue based on $280,749 assessed at 5.50%.
(3) Projected Special Assessment revenue based on $402,802 assessed at 6.50%.
(4) Projected Special Assessment revenue based on $322,420 assessed at 5.50%.
Cashflow and levy needs should be reviewed annually to accounl for prepaid and/or delinqueN assessments.
· The City has sufficient funds on hand to cover this amount.
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL
MAY 12, 2003
THESE MINUTES HAVE
OT. BEEN APPROVED.
Pastor Law, Community United Methodist Church, gave the Invocation.
The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday,
May 12, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
CALL TO ORDER/ROLL CALL
Mayor Wyckoff called the meeting to order at 7:00 p.m.
Present: Mayor Wyckoff, Councilmember Kelzenberg, Councilmember Williams, Councilmember
Ericson, and Councilmember Nawrocki
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA
Harold Hoium, 4315 5th Street, requested to add Ordinance #1457, being an ordinance to abolish all
previous ordinances.
Nawrocla' stated that Roberts Rules of Order indicate that ifa previous meeting is not completed, it is
appropriate to finish matters after approval of the meeting minutes. He requested to finish the previous
Council meeting after the consent agenda. Jim Hoeft, City Attorney, indicated that the meeting referred
to was completed. Wyckoff indicated that Nawrocki would be allowed time to speak following the
consent agenda.
PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS A_ND,GUESTS
Proclamation - Seat Belt Awareness Campaign- May 19 to June 1, 2003
Mayor Wyckoffread the proclamation and presented it to Chief Johnson.
Johnson indicated the importance of buckling seatbelts, for the driver and the entire family. He
stated that last year in Anoka County there were 606 accidents with injuries, 12 deaths, and the
property damage cost was $23 million. Johnson stated that legislation is in process to make this
a primary citation. He reminded everyone that children should be bucMed in the rear seat in car
seats; and if asked, our officers would check for proper installation.
CONSENT AGENDA
Wyckoff removed item #8 and Fehst requested removal of item #10.
1) Approve City Council Meeting Minutes for April 28, 2003
Motion to approve the minutes of the April 28, 2003, regular City Council meeting
2)
Accept Boards and Commissions Meeting Minutes Removed
Nawrocki questioned the two requests to waive hall rental fees from the Park and Recreation
Commission meeting minutes. The prayer breakfast fees were waived and the Sister Cities
request was not. Kelzenberg indicated the discussion of the Park Commission, which determined
that the prayer breakfast was a City event and that the Sister Cities request was a benefit dinner.
Any City function would be waived and other requests would require a partial charge to cover
opening the building and staffing costs. Fehst indicated that the building wouM already be
City Council Minutes
May 12, 2003
Page 2 of 11
opened and staffed for the prayer breakfast and would not be for the other event. Nawrocki felt it
was unfair to this group. Wyckoff agreed. Kelzenberg stated they were asked for the bare
minimum fee. Wyckoff stated the fee charged would be about $100.00.
Wyckoffremoved #2 from the consent agenda.
3)
Establish Work Session Meeting Date for May 19, 2003
Motion to establish a Work Session meeting date for Monday, May 19, 2003 beginning at 7:00
p.m., in City Hall Conference Room 1.
Fehst listed items for the upcoming work session: · Building official contract with the City of New Brighton
· Sidewalk policy consideration
· Option for University Avenue liquor store
· Budget discussion following legislative session
NawrocM commended the City Manager on listing agenda items when setting the work session
date.
4)
Adopt Resolution No. 2003-24, being a Resolution changing the date of the second regular City
Council Meeting in May 2003 to May 27, 2003.
Motion to waive the reading of Resolution No. 2003-24, there being ample copies available to
the public.
Motion to adopt Resolution No. 2003-24, being a Resolution changing the date of the City of
Columbia Heights regular City Council Meeting in May 2003.
Nawrocki stated that the last Council meeting date in June would also need to be changed to
coincide with the visit of the dignitaries from our Sister City, Lomianki, Poland. Wyckoff stated
this would be on the May 27tn agenda.
RESOLUTION NO. 2003-24
BEING A RESOLUTION CHANGING THE DATE OF THE CITY OF COLUMBIA HEIGHTS REGULAR CITY
cOLrNCIL MEETING IN MAY 2003
WHEREAS: The City Council has decided to change the date of the regular Council meeting scheduled for May
26, 2003, and;
WHEREAS: The City of Columbia Heights Bylaws of Procedures and Decorum indicates "II. Procedures - (3)
Regular Council Meeting Schedule Rules. Regular Council meetings shall be held on the second and fourth
Mondays of each month, which are not observed legal holidays. Any regular meeting, which would fall on an
observed legal holiday, shall be held on the Tuesday following such observed legal holiday. The Council may vary
this meeting schedule by resolution and may set such special meetings in the form and manner as prescribed by
Charter"; and;
WHEREAS: The second regular Council meeting in May, 2003 would heretofore have been scheduled for
Monday, May 26, 2003 which is a legal holiday, now be rescheduled to Tuesday, May 27, 2003.
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this change with the traditional
convening time of 7:00 p.m. in the City Hall Council Chamber.
City Council Minutes
May 12, 2003
Page 3 of I 1
5) Authorize agreement with Anoka County to place antennas/dish and control building at the City
water tower to support the new public safety radio system. Removed
6)
Authorize closure of street for carnival and issuance of permit for 2003 Jamboree parade
Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon,
June 23, 2003 through Sunday, June 29th, 2003.
Motion to authorize the Police Department to issue a parade permit for the Jamboree Parade to
be held on Friday, June 27, 2003 at 6:30 p.m. for the following streets: Central Avenue at 45th
Avenue to 40th Avenue, west on 40th Avenue to 5th Street and 5th Street to Mill Street.
Fehst stated the parade route would follow Central Avenue this year.
7)
Adopt Resolution No. 2003-22, being a resolution accepting bids and awarding a contract for
city Project #0300:2003 Miscellaneous Concrete Repairs and installations.
Motion to waive the reading of Resolution No. 2003-22, there being ample copies available to
the public.
Motion to approve and adopt Resolution No. 2003-22 accepting bids and awarding the 2003
Miscellaneous Concrete Repairs and Installations, Municipal Project #0300, to Ron Kassa
Construction, Inc. of Elko, MN, based upon their low, qualified, responsible total bid in the
amount of $29,309.70 with funds to be appropriated from Fund 401-50300-4000; and,
furthermore, to authorize the Mayor and City Manager to enter into a contract for the same.
Fehst mentioned it would be recommended to repair the alley by Sahibs, with additional lighting
on the north side of the alley to brighten the area. Nawrocki indicated an area from last year on
Pierce and Matterhorn, where a portion of the street is concrete and some section replacement
was done, but one section was not and he would like that included. Fehst stated it could be added
at any time.
RESOLUTION NO. 2003-22
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE 2003 MISCELLANEOUS CONCRETE
REPAIRS AND INSTALLATIONS, CITY PROJECT No. 0300 TO RON KASSA CONSTRUCTION
WHEREAS, pursuant to an advertisement for bids for City Project No. 0300, Miscellaneous Concrete Repairs and
Installations, bids were received, opened and tabulated according to law. The following bids were received complying with
the advertisement:
Bidder
Quality Restoration Services
Ron Kassa Construction
Gunderson Bros.
Thomas & Sons
Base Bid Alternate 1 Bid TOTAL
$15,914.10 -- $15,914.10
$16,071.30 $ ! 3,238.40 $29,309.70
$20,123.10 $10,933.50 $31,056.60
$24,253.51 $11,465.40 $35,718.91
WHEREAS, it appears that Ron Kassa Construction Inc., 6005 250~ East, Elko, Minnesota 55020 is the lowest responsible
bidder.
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 Ron Kassa Construction, Inc. in the
name of the City of Columbia Heights, for the 2003 Miscellaneous Concrete Repairs and Installations, City Project No.
0300, according to plans and specifications therefore approved by the Council.
2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids
City Council Minutes
May 12, 2003
Page 4 of 11
except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed.
City Project #0300 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and
Water Fund and PIR funds.
8) Approve designation of the east side of Jackson Street from the alley to 30' north of the alley as
"no parking". Removed
9)
Approve Business License Applications
Motion to approve the items as listed on the business license agenda for May 12, 2003 as
presented.
10)
Approve Payment of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 103232 through 103439 in the amount of $545,587.20.
Nawrocki questioned check number 1033 79for $1,000. Bill Elrite, Finance Director, stated this
is the deductible amount on our insurance poHcy with the League of MN Cities, and the claim
was for a sewer backup.
Motion by Kelzenberg, second by Williams, to approve the Consent Agenda items, excluding
items number 2, 5, and 8. Upon vote: All ayes. Motion carried.
Motion by Ericson, second by Williams, to accept the April 23, 2003 minutes of the Park and
Recreation Commission and the April 7, 2003 minutes of the Traffic Commission. Upon vote:
All ayes. Motion carried.
Motion by Nawrocki to waive the Murzyn Hall rental fee for the Sister Cities Committee
spaghetti supper on June 1st. Second by Kelzenberg. Upon vote: Kelzenberg, nay; Williams,
nay; Ericson, nay; Nawrocki, aye; Wyckoff, aye. 3 nays - 2 ayes. Motion failed.
Nawrocki requested a copy of the policy regarding who gets charged for facility rental
#5 Authorize agreement with Anoka County to place antennas/dish and control building at the
City water tower to support the new public safety radio system
Fehst introduced Mr. John Tonding, Anoka County Communications Manager. He stated that
staff met with Tonding, his staff and project consultants regarding placement of an antenna on
our water tower to support the new County safety radio system. Fehst indicated that our cost for
site improvements was to be considered; improvements that would not be necessary if we were
not adding the County antenna/dish system. Fehst has learned that the County wishes the City to
pay for half of the improvements. Fehst indicated the dollars received to have antennas on PW
yearly, and there would be no yearly fee charged to the County. The current antenna is in
Fridley. Fehst felt having the antenna in Columbia Heights would be a good idea and
communication would be better, but that the County should pay the cost to improve security.
Tonding indicated they were not aware of the improvements to be requested at the work session
and had not discussed them with County Administration. This is an expensive project and the
county wants to make it cost effective. The counter offer was that the County fund all inspections,
and agree to landscaping, but that the City pay for half of the improvements, as they are a
City Council Minutes
May 12, 2003
Page 5 of 11
benefit to both groups. Fehst indicated that his recommendation stands, as budget constraints
limit our resources.
Nawrocki suggested consider splitting the difference or the County funding three-quarters of the
improvements. Wyckoff questioned agreements with the other cities involved. Tonding stated that
discussions are beginning with Blaine, which also needs a fence.
Ericson stated her understanding that the County was not aware of the request and that it does
benefit the City, but agreed that these improvements would not be done if it were not for the
County's request, l'gilliams and Kelzenberg agreed. Ericson questioned delaying the decision
until there is information available on discussions with the other communities involved. Tonding
stated that only Blaine and Columbia Heights would have similar situations.
Fehst explained the time restraints, as there is a time limit on the sales tax exemption for
purchases. There is current legislation to extend the time limit.
Motion by Nawrocki to authorize the Mayor and City Manager to enter into an agreement with
Anoka County to place antennas on the City of Columbia Heights water tower, a six-inch dish on
the neck of the tower, and to place a 12 foot by 26 foot control building at the water tower
location to support the new public safety radio system; all in accordance with the lease
agreement between the City and the County, and subject to the County agreeing to pay three-
quarters of the cost estimate of $38,382.10, listed in the Public Works Director's memo of April
28th. Seconded by Kelzenberg for the purpose of discussion.
Kelzenberg stated that we are financially strapped, as is the County, and felt there is room to
negotiate. Chief Johnson stated that Councilmember Nawrocki's numbers were correct for
hardware items but do not include landscaping costs, and suggested amending the motion to
include landscaping costs as the County has offered.
Nawrocki amended the motion to add $3,000 for landscaping, to the estimated total of
$38,382.10. Kelzenberg agreed to the amendment.
Nawrocki stated the advantage in not letting the date for sales tax exemption to expire. Tonding
indicated the hope that the date would be extended. Ericson stated her discomfort with this
agreement and indicated that negotiations should continue.
Upon vote: Kelzenberg, aye; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 3 nays
-2 ayes. Motion failed.
Motion by Ericson to authorize the Mayor and City Manager to enter into negotiations with
Anoka County regarding an agreement place antennas on the City of Columbia Heights water
tower, a six-inch dish on the neck of the tower, and to place a 12 foot by 26 foot control building
at the water tower location to support the new public safety radio system; all in accordance with
the lease agreement between the City and the County and to authorize staff to enter into
negotiation with Anoka County on the terms and agreements for specific improvements and
costs thereon. Seconded by Williams.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. All
ayes. Motion carried.
City Council Minutes
May 12, 2003
Page 6 of 1 !
Nawrocki referred to the adjacent home on Stinson and asked that staff look into adding a
landscaping barrier between this home and the water tower area.
#8 Approve designation of the east side of Jackson Street from the alley to 30' north of the alley as
"no parking".
Wyckoff stated this is the area exiting from the library parking lot. She asked if the City owned
property across the street could be used as a parking lot for the library. Chief Johnson indicated
this request is for the opposite side of the street. Nawrocki stated he did not support paving that
lot, as we have planted grass there. Kathy Young, Assistant City Engineer, stated this is the
recommendation of the Traffic Commission. Nawrocki indicated that the minutes from that
meeting should have been available for Council review. Kelzenberg stated this request was
tabled by the Traffic Commission to discuss the adjacent empty lot, but was recommended, as
funds are not available to pave the empty lot.
Motion by Williams, second by Kelzenberg, to designate the east side of Jackson Street from the
alley to 30' north of the alley as "no parking", based upon a recommendation of the Traffic
Commission. Upon vote: All ayes. Motion carried.
Addition to the agenda:
Wyckoff stated that Nawrocki could now finish his business from the previous City Council
meeting.
Nawrocki
Took strong exception to the cameras being turning off; the Mayor did not have the authority
to tell staff what to do.
Apologized that he raised his voice.
Intended to talk about the City Manager's performance, not to discuss actions of the
executive session dealing with the evaluation of the City Manager, but to express his own
comments and concerns. He stated that the City Attorney said he had the right to give his
opinion. Hoefi indicated members do have a right to their comments, but not to discuss
in formation from a closed meeting.
· Thinks the City Manager has more ability than he is currently exercising in carrying out city
functions, and is disappointed we don't get alternatives to the recommendations that are
made, including loss of local government aid. Recommendations are needed to downsize our
operations. The Budget this year uses reserve funds to balance the budget, which reduces
reserves. We need to make the hard decisions early on, and work with attrition. Disappointed
this has not been done.
Williams passed on the opportunity to speak at this time.
PUBLIC HEARINGS - none
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1) First Reading of Ordinance No. 1456, adopting the MN State Building Code
Kevin White, Building Official, stated this Ordinance would adopt the State Building Code,
which is given to cities by the State; the cities adopt the Code to make it easier to enforce. This is
City Council Minutes
May 12, 2003
Page 7 of I l
done approximately every three years. Wyckoff questioned the zoning ordinance. White indicated
the zoning ordinance would supercede the Building Code. White stated this would allow for a
self-propitiating ordinance, inclusively allowing adoption of the most current building code.
Ericson questioned what would happen if there were changes to the optional section. White
stated that the optional changes would need to go through the adoption process. Nawrocki
questioned what the major Code changes were. White referred to minor changes in sprinMing
and fire wail thickness. White gave an example of sprinkling a retail store.
Nawrocki questioned what changes would be required at the NEI building to comply with the
Building Code. Fire Chief Thompson stated that a small portion of NEI is sprinkled, but the main
body is not. White stated that if there were no alternations to the building and it remained a "B"
occupancy additional sprinkling would not be required.
Nawrocki questioned Appendix K. White stated it constitutes grading permits that are different
from normal construction, such as stockpiling of dirt. Nawrocki indicated Council should
approve the code each time it is changed.
Ericson questioned who uses the building code? White indicated architects, designers,
developers, contractors, and the Building Official. Ericson stated it is for professionals, to use
for their job. Ericson questioned what would happen if the Code changed and we did not update
our ordinance. Hoeft stated that the new Code would still be in effect. White stated that the Code
is adopted by all cities, as small cities over 2,500 must adopt it if the county adopts it.
Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1456, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Ericson, second by Williams, to set the second reading of Ordinance No. 1456, being
an Ordinance adopting the MN State Building Code, for May 27, 2003, at approximately 7 p.m.
in the Council Chambers. Upon vote: All ayes. Motion carried.
Nawrocki asked that at the second reading of this ordinance there be an alternate choice to
adopt the code without the self-propitiating wording.
B)
Bid Considerations.
1) Adopt Resolution No. 2003-23, being a resolution accepting bids and awarding a contract for the
Zone 6B Street Rehabilitation improvements
Kathy Young, Assistant City Engineer, stated that this project received five bids from the twenty-
four packets distributed. Staff recommended Midwest Asphalt, because of their bid, and that we
have worked with them in the past and they are reliable. She stated that assessments are based
on the final project cost.
Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2003-23,
there being ample copies available to the public. Upon vote: Ail ayes. Motion carried.
Motion by Kelzenberg, second by Williams to approve and adopt Resolution No. 2003-23
accepting bids and awarding the 2003 Street Rehabilitation Projects in Zone 6B, Project No.
0302 to Midwest Asphalt Corporation of Minnetonka, Minnesota in the amount of $970,772.44
City Council Minutes
May 12, 2003
Page 8 of 11
based upon their low, qualified responsible bid and accepting Alternate 1 (unit price basis) for
residential construction; and, furthermore, to authorize the Mayor and City Manager to enter into
an agreement for the same. Upon vote: All ayes. Motion carried.
RESOLUTION NO. 2003-23
RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 6B STREET
REHABILITATION IMPROVEMENTS, CITY PROJECT No. 0302 TO MIDWEST ASPHALT CORPORATION
WHEREAS, pursuant to an advertisement for bids for City Project No. 0302, Street Rehabilitation Improvements,
bids were received, opened and tabulated according to law. The following bids were received complying with the
advertisement:
Alternate #1
Bidder Base Bid (Residential Const.)
Midwest Asphalt Corp $ 970, 772.44 $3,020.00
Hardrives $ 995,572.73 $2,292.00
North Valley $1,035,389.50 $2,821.00
Thomas & Sons $1,037,121.47 $4,819.50
Bitummons Roadways $1,295,702.00 $4,490.00
WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Road, Suite 420, Minnetonka, Minnesota
55432, is the lowest responsible bidder.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS,
MINNESOTA:
The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in
the name of the City of Columbia Heights, for the 2003 Zone 6B Street Rehabilitation Improvements, City Project
No. 0302, according to plans and specifications therefore approved by the Council.
The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids
except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed.
City Project 0302 shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments),
Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst indicated that Council would be asked to change the second Council meeting date in June
from the fourth Monday to the fifth Monday, to allow the seven visitors from Lomianki Poland, our
Sister City, to attend. The guests will take part in our Jamboree festival activities and the City wouM
be sponsoring a traditional American dinner for them prior to the rescheduled City Council meeting.
,4 list of staff dinner attendees has been submitted to the committee. The Sister Cities Committee will
also host a benefit Spaghetti dinner on June Ist at Murzyn Hall. Fehst thanked Dolores Strand and
Wally Logacz for their time to make this an event we can be proud of.
Fehst stated that the Community Prayer Breakfast will be held on May 14, 7:00 a.m. to 8.'30 a.m. at
Murzyn Hall. Gary Peterson will be the Master of Ceremonies and Marlaine Szurek is the
Committee Chair. Tickets are $20 and can be obtained by calling City Hall.
C) Report of the City Attorney - none
CITIZENS FORUM
Helen Kersh, 1440 Molan Terrace, indicated that her property abuts Ramsdell Park. She has lived there
since 1961 and has had a garden since 1975. There are trees on the parkproperty that are shading her
garden, causing growing problems. Kersh requested that three trees in this area be taken down. Fehst
City Council Minutes
May 12, 2003
Page 9 of 11
will have staff look at the situation. Kersh also stated the dandelions in the park were a problem and
that she spoke to City staff, who indicated the park would be sprayed once in the spring and once in the
fall. She did not feel this would be sufficient.
Motion by Nawrocki to direct the City Manager look into the shade tree and dandelion problem at
Ramsdell Park and report back, in writing to the City Council and Mrs. Kersh. Second by Williams.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. Motion
carried.
Howard Seim, 1425 Molan Terrace, indicated that there is not an attempt to control the clover, noxious
weeds and crab grass at Ramsdell Park.
Hoium noted that there was not a report received from the City Attorney, police, or fire departments. He
questioned his request for an ordinance to abolish all ordinances. Wyckoff indicated that a second was
not received. Hoium felt that cars and buses were speeding from one stoplight to the next.
Ed Aune, 4649 Johnson, voiced concern about students parking on side streets such as 4 7tn Avenue. He
indicated that he received a ticket for parking by his home. The ticket was rescinded. He stated that he
has put up with apartment tenants parking in front of their home for 25 years, but felt a six hour
ordinance is wrong, as you can not park overnight, or over an eight hour work shift. He felt it was
unfair that violations are by way of complaint. Aune stated that he understands winter parking
restrictions for plowing. He indicated that cars park too close to the corner, making it difficult for fire
trucks to get through, l/Vyckoff stated that several years ago she asked Council to reconsider the six hour
parking limit and it was voted down. She would like the present Council to reconsider this issue.
Nawrocki stated the six hour ordinance was a way to control aH day, i.e. such as students and tenants,
and to lengthen or abolish the limit wouM legitimize their parking. He suggested researching if the
school has complied with the parking code. Wyckoff stated that she has requested a joint meeting with
the School Board.
Sharon Aune, 4649 Johnson, stated her extreme frustration with parking that overlaps their driveway
and signs that say no parking, and yet they got a ticket for parking in front of their own house. She has
checked with other suburbs and a lot of them have 24 hour parking, or up to 72 hour parking. }Vyckoff
indicated that a parking permit could be obtained through the police department. Aune referred to the
safety issue of parking to close to the corner and that residents wouM be willing to paint the area to the
corner yellow. }Vyckoff asked that the Police and Public }Vorks Department look into this. Fehst stated
that we could paint the appropriate area yellow. Fehst stated that we have a standard ordinance and
towing would only occur afier 24 to 72 hours. He indicated that when responding to a complaint, the
adjacent two to three block area is checked for compliance. He asked for a copy of Mrs. Aune's
information. Wyckoff asked for this topic to be discussed at a future work session.
Larry Weatherly, 4643 Johnson, stated that if there is a six hour parking ordinance, it must be enforced
citywide. He stated that he called Anoka County Dispatch and they were not aware of this ordinance. He
referred to problems with the apartment building neighbors and their visitors. Weatherly did not agree
with not filling vacant Police Officer positions.
Mrs. Kersh indicated that there are parking spaces open at the school, and that students do not need to
park on the street. Aune stated that if students would park in the school lot, it would alleviate students
standing on the road and talking. A student in the audience indicated that if there were sidewalks, the
students would use them. Deb Johnson, 4638 Pierce, responded, "No sidewalk is six people wide ".
City Council Minutes
May 12, 2003
Page 10 of 11
Paul Bona, 612 40th Avenue, 48 year resident, stated that after watching the last Council meeting, he is
disappointed by the actions of the City Council and that the City Manager is doing a good job.
A resident indicated there should be a sidewalk along the fence by the baseballfield.
Mayor Wyckoff invited the students present to come forward to get their papers signed.
COUNCIL CORNER
Wyckoff apologized to Williams for his not being able to speak at last meeting's Council Corner.
Williams
The Values First "Value" for May is responsibility. He, along with his daughter, grandson and
Gary Peterson went to Jamaica to finish the family home of his deceased friend. Their money is
less than 2 cents to our dollar. There is 30% unemployment.
· Listed '99 assessed values, which have increased by 66.2 percent. Listed '99 payroll costs, which
have increased by only 21 percent. Encouraged people to improve their homes, and to continue
to move our City forward. Indicated that Mark Wagner stated the City needs to be proactive and
needs to rebuild the liquor store. We need to protect of our citizens and protect the value of our
homes. There are many improvement under our City Manager's direction, and the City should be
grateful.
· The Community Prayer Breakfast is this Wednesday and if anyone would like to attend, they can
be his guests.
· Regarding alley lighting, Council voted to streamline the billing a year ago, to make our City
more efficient.
· We should all pray for our neighbor's peace and health and the prosperity of our city; and we
should all work together.
Kelzenberg
· The 500 Club will host a golf tournament on June 1st as a fund raiser for our Fire Department.
Ericson
· Read a quote to keep in mind when we are working on redevelopment projects in our City:
"excellence is the result of caring more than others think is wise, risking more than others think
is safe, dreaming more than others think is practical and expecting more than others think is
possible".
W¥ckoff
· Ate at LaCabema, (past Tycoon Grill) and the food was wonderful, and encouraged everyone to
go there.
· The Library Patrons of the Month are the Friends of the Library. Read their bio from the Library
newsletter. The Library Book Sale will be this Thursday.
· There is an article in the Northeaster about Kelly's Tea. She is from Columbia Heights and is
interested in the old Dr. Good's building to open her business and rent out some of the space.
Nawrocki
· Regarding property value increases; they are up all around the metro area. Not something we did.
· Regarding the article about the City Council in the Northeaster; it indicated the Council meeting
of March l0 was only 20 minutes long, but the action at that meeting included the assessment for
City Council Minutes
May 12, 2003
Page 11 ofll
street lighting. Wyckoff stated that meeting was 1 hour and 20 minutes in length.
Listed Memorial Day services for veterans. The Columbia Heights VFW Memorial Day service
will be at 11:30 a.m., Monday, May 26th at City Hall.
· The monument at LaBelle Park, for Jim LaBelle (who served and lost his life in WWlI and
received the Congressional Medal of Honor) still has not been cleaned and the memorial at 40th
and Central in memory of Tom Sherohman (chaired HRA) has planters in front of it, and also
needs cleaning.
· Letter from the Suburban Rate Authority requesting a contact name for an analysis of
communities. Fehst will make the assignment
· The fence behind Rainbow Foods still has no screening alongside the shopping center.
· Questioned the local Ordinance regulating the sale and use of fireworks, and the necessity to
update the requirements.
· Tour areas of redevelopment similar to the K-Mart site with the citizens advisory committee. The
sites had high-density development. Suggested residents look at these types of density
development and their application to Columbia Heights.
· Questioned what could be done with the landscaping on the Reservoir and Stinson slope. Fehst
stated he would obtain information on what would be done.
· A presentation should be given on the Minneapolis Water Works renovation project. Ericson
stated that the Planning and Zoning Commission has held a public hearing. Fehst stated a
presentation was being planned for June.
· Last Wednesday tried to leave message for the City Manager and received memo Wednesday
night that he was out of town. Wyckoff stated that Fehst informed Councilmembers at the prior
Monday meeting, that he would be attending a conference where he would pay his own travel
and lodging. Fehst stated that the memo was distributed on Monday.
Williams gave information on where Fehst got his degree (Kellogg MBA school), and indicated the high
rating of this facility.
ADJOURNMENT
Mayor Wyckoff adjourned the meeting at 9:30 p.m.
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES OF MARCH 18, 2003
CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development
Authority (EDA) was called to order by President, Don Murzyn, Jr. at 6:34 p.m., Tuesday, March
18, 2003, in the City Hall, Conference Room 1,590 40th Avenue NE, Columbia Heights,
Minnesota.
ROLL CALL
Commission Members Present:
Commission Members Absent:
Staff Present:
Don Murzyn Jr., Patricia Jindra, Julienne Wyckoff, Bobby
Williams and Bruce Nawrocki, Tammera Ericson, and
Bruce Kelzenberg
Walt Fehst, Executive Director
Bob Streetar, Deputy Executive Director
Randy Schumacher, Community Development Assistant
Cheryl Bakken, Community Development Secretary
CONSENT AGENDA
Approval of Minutes
Motion by Williams, second by Jindra, to adopt the minutes of the March 18, 2003, regular
meeting with the following amendment:
Pa~e 3~ Paragraph 2 should read:
Nawrocki stated he talked to the City Manager, Mayor and a couple of Council members
from the City of Anoka, and felt that he agreed with the City of Anoka's position to oppose
the creation of the Anoka County EDA.
All ayes. Motion Carried.
Financial Report and Payment of Bills
MOTION by Williams, second by Jindra, to approve Resolution 2003-03, Resolution of the
Columbia Heights Economic Development Authority (EDA) approving the financial statements
for February, 2003 and approving payment of bills for February, 2003. All ayes. Motion
Carried.
ITEMS FOR CONSIDERATION
Resolution 2003-04, Ratifvin~ and Spec. if.vin~ terms of Inter-Fund Loans for the Scattered
Site TIF District
Streetar stated from 1998 and 2000 fimds from the EDA, HRA and Capital Projects totaling
$76,105.20 was used for the acquisition and demolition of substandard single-family detached
housing. Even though, the City Council approved the funding, no formal inter-fund loan
agreement was executed. At this time, the EDA is requesting to execute an inter-fund loan
agreement, ratifying and specifying the terms of the inter-fund loan for the Scattered Site TIF
District.
Nawrocki asked what are the breakdown amounts that came out of the EDA, HRA and Capital
Projects and why isn't it documented in the resolution. Streetar stated the fund amount from the
Economic Development Authority Meeting Minutes
March 18, 2003
Page 2 of 4
EDA was $17, 500, HRA was $24,000 and Capital Projects was $34,605.20 and confirmed that
staff can include these figures in the Resolution that goes before the City Council.
MOTION by Williams, second by Kelzenberg, to Adopt Resolution 2003-04, a Resolution
Ratifying and Specifying terms of the Inter-Fund Loans for the Scattered Site TIF District; and
furthermore, to authorize the President and Executive Director to enter into an agreement for the
same. All ayes. Motion Carried.
Resolution 2003-05~ Ratifying and Specifying terms of Inter-Fund Loans for the Sheffield
TIF District
Streetar stated Resolution 2003-05, Ratifies and Specifies the terms of the Inter-Fund Loans for
the Sheffield TIF District totaling $640,174, the interest rate of 5% interest per annum, and will
be repaid from TIF payments received by the City from the County in February and August each
year.
MOTION by Williams, second by Jindra, to Adopt Resolution 2003-05, a Resolution Ratifying
and Specifying terms of the Inter-Fund Loans for the Sheffield TIF District; and furthermore, to
direct the President and Executive Director to enter into an agreement for the same. All ayes.
Motion Carried.
Resolution 2003-06~ Aoorovin~ and Soecifvin~ terms of Inter-Fund Loans for the
Downtown CBD and University Avenue TIF Districts
Shelly Eldridge, Ehler & Associates stated Resolution 2003-06, is different from the other two
because we are looking at bringing this District into a deficit. There is one bond currently
outstanding in the district and the payment is due in September. It is anticipated that in
approximately two years we will have a permanent deficit in the District due to the class rate
reduction.
MOTION by Kelzenberg, second by Wyckoff, to Adopt Resolution 2003-06, a Resolution
Approving and Specifying Terms of Inter-Fund Loans for Downtown CBD and University
Avenue TIF Districts; and furthermore, to authorize the President and Executive Director to enter
into an agreement for the same. All ayes. Motion Carried.
Anoka County Community Development Authority
Streetar stated the Anoka County HRA wants to establish an EDA. Staff did attend the meeting
that was held in the Anoka County offices to discuss the issues. What they want to do is: 1)
increase the tax base and improve the image in Anoka County; 2) establish this with regards to
the Vikings stadium, the North Star Corridor, High Speed Internet Access and Marketing the
County to outside development interests; 3) they want to Levy ail Cities in the County at the HRA
rate of . O144 percent on all taxable value. Columbia Heights share would be about $30,000, or
30% of the maximum $120,000.
Staff suggests the following approach:
1. Amend the Anoka County bill, currently at the Legislature, limiting their ability to levy no
more than 30% of the maximum.
2. In addition to limiting them to 30%, Columbia Heights could decide that we wanted part
of their levy to use for economic or redevelopment. You could request the County Levy
Economic Development Authority Meeting Minutes
March 18, 2003
Page 3 of 4
more than the 30% and give it to the City to use. This would limit their ability to levy and
allow the City to capture some of the funds.
Staff had discussions with Barb Goodwin, Tim Yantos and Roger Jensen who felt this bill would
pass, if not this year, next year. Anoka County would be able to levy the maximum, which would
allow the money to leave the community.
Wyckoff asked if the City could pass a Resolution opposing the bill. Streetar stated Council
could do that if they would like to.
Murzyn suggested the EDA and City COuncil oppose the bill and everyone call our
commissioners to let them know how we feel on the issue.
Motion by Jindra, second by Murzyn, to recommend City Council oppose Anoka County's
proposal to create the Anoka County Community Development Authority and supporting the
amendments to S.F. 547, limiting the ACCDA's ability to levy, to 30% of the maximum levy and
authorizing the City of Columbia Heights to request that the ACCDA levy, on the City's behalf,
up to 70% of the maximum levy allowed, and return to the City of Columbia Heights that amount
to fund redevelopment, economic development and housing related projects as authorized under
Minnesota State Statutes, sections 469.001 - 469.1080. All ayes. Motion Carried.
ADMINISTRATIVE REPORTS
INDUSTRIAL PARK
Schumacher stated he talked to the owners of the old Honeywell building, Schaeffer Richardson
about their interest in developing their site to conform with the City's redevelopment plans.
They are very interested. Streetar stated the nice part about this is that the City wouldn't have to
purchase the property to redevelop it.
Schumacher stated staff has been contacted by the owners of the 3800 block building (old
foundry building in the industrial area), proposing to sell the property to the City for
approximately $2.5 million range.
Murzyn questioned if it was possible for the City to condemn the building instead of buying it to
save funds. Fehst stated condemning the building is an option, but felt it wouldn't affect the
purchase price enough to make a difference. Streetar indicated staff would have an appraisal
done prior to purchasing the land and that the Moratorium expires July 7th of this year.
Fehst informed the board that whenever condemnation is used, their will be some businesses that
will be hurt, but it is a necessary process for redevelopment in the City.
ADJOURNMENT
Motion by Nawrocki, second, by Kelzenberg, to adjourn the meeting at 8:17 p.m. AIl ayes.
Motion Carried.
Respectfully submitted,
Economic Development Authority Meeting Minutes
March 18, 2003
Page 4 of 4
Cheryl Bakken
Community Development Secretary
H:\EDAminute$2003\3-18-2003
P= Present 2003 EDA ATTENDANCE
A= Absent
X= Meeting Cancelled
TOTALS
Jan.28 Feb.19 Mar. 18 Apr. 15 Ma.y.20 June.17 Jul. 15 Aug.19 Sept.16 Oct.21 :Nov.18 Dec.16 A P
Jindra, Patricia P P P X 3
-_- .... .~.~. ..... · ~..~.~.~ ~ . ...-_: .. ~. ~ '
Ericson, Tammera P P P X 3
Kelzenber~,Bruce P P P X 3
Mu~yn, Don Jr. P P P X 3
Nawrocki, Bruce P P P X 3
Williams, Bobby P A P X 1 2
Wyckoff, Jullenne P P P X / 3
H:~2003EDA Misc,2003 EDA Attendance
CHARTER COMMISSION DINNERMEETIN~rHE5E MINUTES HAV
MINUTES
THURSDAY, APRIL 24, 2003 .[~,O_T. BEEN APPRO'¢E£
7 P.M. --
MURZYN HALL
CALL TO ORDER
The meeting was called to order at 7:05 P.M. by President Ted Landwehr.
ROLL CALL
Members present: Bill Antzaras, Charles Christopherson, James Fowler, Mike Hartel, Nancy King, Ted
Landwehr, Joe Sturdevant, Ted Yehle
Members absent and excused: John Banyard, Tom Ramsdell, Clare Schmidt
Members absent and unexcused: Bob Buboltz, Mel Collova
The Council Liaison, Bobby Williams, was not present (out of town). The City Attorney, Jim Hoefi, was not
present. The Recording Secretary was absent due to a college course presentation. Councilmember Bruce
Kelzenberg was also present.
APPROVAL OF MINUTES
Motion by Mike Hartel, seconded by Bill Antzaras, to approve the minutes of the January 16, 2003, dinner
meeting with the addition that Nancy King and Charles Cliristopherson were present at the dinner on January
16, 2003. Motion passed unanimously.
CORRESPONDENCE
President Landwehr advised the commission that the following correspondence has been sent or received
since our last meeting in January:
· Letter dated January 23, 2003, to the Chief Judge with the 2002 Annual Report of the
Charter Commission.
· E-mail message dated January 24, 2003, from Jeannette Bach, Research Manager from
the League of Minnesota Cities thanking the Recording Secretary for sending a revised
copy of our city charter to the League.
· Letter dated January 24, 2003, to Mr. Ted Yehle, welcoming him as a new member to the
Charter Commission.
· Letter dated January 27, 2003, to the Chief Judge transmitting the signed oath of office for
Mr. Yehle.
· Letter dated April 14, 2003, to the Chief Judge advising him of the death of Charter
Commission member Janis Larson.
· Copy of bulletin board posting and city newsletter article about Charter Commission
vacancies.
· New commission membership rosters were provided to all members in their packets.
STATUS OF MEMBERSHIP
Ted Yehle was officially introduced and welcomed to the Charter Commission by President Landwehr.
President Landwehr indicated with Theresia Synowczynski's term ending and Janis Larson's death, the
Charter Commission has two openings at this time.
In reviewing the new commission membership roster, President Landwehr noted that Clare Schmidt's term
ends in May, 2003, and Jim Fowler and Tom Ramsdell's terms end in June, 2003. All are eligible to
reappointed if they so wish. Jim Fowler stated he is not interested in being reappointed. Clara Schmidt has
not given any indication previously of her intentions. Tom Ramsdell has reformed the Recording Secretary
previously that he is not interestedin being reappointed.
April 24, 2003
Page 1
President Landwehr stated that our two current vacancies have been advertised on the city's website and local
cable station. There will be an article in the next city newsletter, as well as articles in the local newspapers.
Members were encouraged to tell other citizens about the vacancy and how to apply.
OLD BUSINESS
President Landwehr stated that Tami Ericson and Theresia Synowczynski were officially recognized for their
years of service and leadership on the Charter Commission at the March 10, 2003, City Council meeting.
Thank you letters were given to them at the January dinner meeting.
NEW BUSINESS
Review of the City Charter for Possible Changes
Several suggested changes to the City Charter were made by President Landwehr. Regarding Chapter 2,
Section 7, Elective Offices, he suggested that perhaps the wording about how certain councilmember's terms
were determined when length of terms were changed several years ago could be removed. It was suggested
that the following wording be removed from this section of the charter:
Chapter 2, Section 7, Elective Offices.
The council shall be composed of a mayor and four council members who shall be qualified electors, and
who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a
term of four years and until their successors arc elected and qualified., e×ceF. '-u. at fer cc. unci! men, ers
........... v ....................... j .......... ,, ................ ,. a or a rye ratermo o
years and until a successor is elected and qualified. The council shall be judge of the election of the mayor
and council members.
It was suggested that perhaps the wording in Chapter 2, Section 16 pertaining to when a person takes over
his/her office should be deleted. It was suggested that the following wording be stricken from the charter:
Chapter 2, Section 16, COUNCIL MEETINGS.
At the time of the first regularly scheduled council meeting in January following a regular municipal
election, the council shall meet at the usual place and time for the holding of council meetings. At this time
the newly elected members of the council shall assume the duties of such membership_. ~
.... k ~I'.~M'.;~ ^~ +1~,,~ ~.+ li/[^~.4~., :.', T ....... g'^ll .... 1~. +1~+ .... 1 ...... ;~;~1 ~1~';^~ q'~ .... l:l'ta~' t The
council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet
not less than once each month. The mayor, or any two members of the council, or the city manager, may
call special meetings of the council upon at least three (3) days notice to each member of the council. Such
notice shall be posted and shall be delivered personally to each member or shall be left with some
responsible person at the member's usual place of residence. The mayor, any two members of the council,
or the city manager, may call special emergency meetings of the council. The Council shall make good faith
efforts to provide notice of the meeting. Posted or published notice of any such emergency meeting shall
not be required. An emergency meeting shall be defined as a special meeting called because of
April 24, 2003
Page 2
circumstances that, in the judgment of the mayor, any two council members, or the city manager, require
immediate consideration. All meetings of the council shall be public, and any citizen shall have access to
the minutes and records thereof at all reasonable times.
Another suggestion was in Chapter 9, Section 89. It was suggested that the 6% rate of interest charged
should be deleted, and we should replace it to read it's the current judgment rate set by State Statute.
Chapter 9, Section 89, Payment of Award.
Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this
chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time
for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within
sixty days of such final determination, pay the amount of the award with interest thereon at the current
judgment rate set by State Statute zfs':x v ....... v ......... from the date of the confirmation of the award or
judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city.
The President would like to discuss the following chapters/sections with the City Manager: Chapter 2,
Section 15; Chapter 5, Section 36; Chapter 7, Section 72; Chapter 12, Section 108.
In Chapter 2, Section 15, it was questioned whether this section should stay in the charter or not. If it should
stay, it was questioned whether the word "security" of the council should be "secretary".
Chapter 2, Section 15, Official Bonds.
The city manager, the city clerk, and such other officers of the city as may be provided for by ordinance,
shall each before entering upon the duties of their respective offices, give bond to the city in such sum as
may be fixed by the council as an additional security for the faithful performance of their respective official
duties and the safekeeping of the public funds. Such bonds shall be approved by the city council and shall
be endorsed by at least three members of the council as having been so approved. They shall be filed with
the security of the council. The provisions of the laws of the state relating to official bonds, not inconsistent
with this charter, shall be complied with. The first city manager under this charter shall give bond in the
sum of Five Thousand Dollars, but the council may increase this requirement at any time.
Regarding Chapter 5, Section 36, it was questioned whether there is a need for a $400 limit for legal advice,
copying, printing, and notaries' fees. It was also questioned who pays this $400 the committee or the city?
Chapter 5, Section 36, Expenditures by Petitioner. (Specifically, is there a need for a $500 limit?
Who pays, the committee or the city?)
No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no
signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for
services rendered in connection with the circulation thereof., ~'-'**~:~ ~.~1 .~, ....... · ,~ ..... ;,~ c.~
~ Any committee member, at their sole discretion and at no charge to said committee member, may
utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form
and structure with other similar ordinances enacted by the city council. Any violation of the provisions of
this section shall constitute a misdemeanor.
Regarding Chapter 7, Section 72, it was questioned whether the bolded words below in the first
paragraph of this section should be replaced with the words "within the geographical limits determined
by the discretion of the council".
April 24, 2003
Page 3
Chapter 7, Section 72, Bonded Debt and Debt Limit.
Bonds may be issued by four-fifths vote of the council without the previous approval of the voters of the said
city, but subject to the referendum powers of the people, for the purchase of real estate; for new construction;
for new equipment; for all improvements of a lasting character; for the purchase or construction of public
waterworks or for the enlargement of the same and for the protection and distribution of the water supply; for
the establishment of public lighting, heating, or power plants, and for their acquisition and equipment by
purchase or otherwise; for the acquisition or construction of street railways, telegraph or telephone lines, or
any other public convenience from which a revenue is or may be derived; for the creation or maintenance ora
permanent improvement fund; for the purchase or erection of needful public buildings; for establishing and
maintaining garbage crematories, or other means of garbage disposal; for the establishment and maintenance
of hospitals, schools, libraries, museums, art galleries and cemeteries; for the construction of sewers,
subways, streets, sidewalks, pavements, culverts, and parks and parkways and play grounds; for changing,
controlling or bridging streams and other waterways within the corporate limits and constructing and
repairing roads and bridges within two miles of the corporate limits thereof; for the purpose of refunding
outstanding bonds; for the purpose of funding floating indebtedness; and for all purposes which may be
authorized by the laws of the State of Minnesota; the right of the city to issue bonds under the authority of
any law heretofore and this section of the city's charter shall not be construed to limit the passed and adopted
by the State of Minnesota, but no bonds shall ever be issued to pay current expenses or to refund emergency
debt certificates. The total bonded indebtedness of the city shall never exceed ten percent of the last assessed
valuation of the taxable property therein, including monies and credits, but in computing the total bonded
indebtedness, emergency debt certificates and certificates of indebtedness shall not be included in or counted
as part of the such bonded indebtedness, if(l) held in a sinking fund maintained by the city, (2) issued for the
acquisition of equipment; purchase, construction, maintenance, extension, enlargements or improvement of
street railways, telegraph or telephone lines, water, lighting, heating and power plants, or either of them, or
any other public convenience, from which revenue is or may be derived, owned and operated by the city, or
the acquisition of property needed in connection therewith; or for the construction of sewers, public drainage
ditches, or the acquisition of lands, or for improvements of streets, parks, or other public improvements, to
the extent that they are payable from the proceeds of assessments levied upon the property specially
benefitted by such ditches or improvements, or (3) for the purpose of anticipating the collection of general
taxes for the year in which issued. In no case shall bonds be issued to run for more than thirty years. The
purpose for which bonds are issued shall be set forth in the ordinance authorizing them and the proceeds from
such bonds shall not be diverted to any other purpose.
It was suggested that in Chapter 12, Section 108, that there was some obsolete wording that should be
replaced with more current, modem wording as stated below:
Chapter 12, Section 108, Official Publications.
The council shall regulate by ordinance the manner in which official publicity shall be given to the holding of
elections, to ordinances, resolutions, initiative, referendum, and recall petitions, to requests for bids upon
contemplated purchases and contracts, and to all other matters whatsoever which require publication either by
the terms of this charter or by the constitution and laws of Minnesota. It shall annually designate a
newspaper of general circulation in the city as the official paper in which shall be published such measures
and matters as are by the constitution and laws of this state required to be so published, and such other
matters as the council may deem it wise to have published in this matter, or in lieu thereof it may establish a
municipal publication, which shall then be the official newspaper. The council may in its discretion provide
for the publication of the annual budget, ordinances, resolutions, initiative, referendum, and recall petitions,
election notices, and such other measures and matters as it may deem wise by the posting of ~
th ~;*" ~+-~"+ ....+"~- _typed pi ity h 11
e ....j, near......... .~... co es at ;~""'~--' -+"="+ :-+ .....': .... ...* ,~.......~ ....~r'-" .+..~:.... +~...
April 24, 2003
Page 4
and ac, c,n, and electronically displayed via the ci _ty's website and for such period of time as the council may
direct in each case. If the latter method of publication is adopted, the council may provide that it shall be in
lieu of other methods of publication or in addition thereto at its option. Wherever in this charter there is a
requirement of the publication of any measure or matter, it shall be understood that the city council may
designate the manner of such publication, subject to the options permitted by this section; but nothing herein
contained shall be construed as authorizing or as attempting to authorize any violation of the constitution or
the statutes of the state in any matter which is of state concern or which is exclusively under state control.
NEXT MEETING DATE
The next regularly scheduled meeting will be Thursday, July 17, 2003, at 7 p.m. at Murzyn Hall.
ADJOURNMENT
Motion by Mike Hartel, seconded by Bill Antzaras, to adjourn the meeting at 7:47 p.m.
Respectfully submitted,
Joseph Sturdevant
Acting Secretary for the Charter Commission
April 24, 2003
Page 5
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS TRAFFIC COMMISSION
MAY 5, 2003
Chairperson Carlson called the meeting to order at 6:00 p.m.
"THESE MINUTES
I. Roll Call .
Members Present: Carlson, Goodman, Stumpf, Sturdevant
Members Absent: Anderson
Staff Present: Kathyjean Young, Assistant City Engineer
Tom Johnson, Police Chief
Council Liaison Present: Bruce Kelzenberg
II. APPROVAL OF APRIL 7, 2003 MINUTES
Motion by Sturdevant, second by Goodman, to approve the minutes of April
7, 2003. Motion carded unanimously.
III. OLD BUSINESS
A. REQUEST TO RESTRICT PARKING ON THE EAST SIDE OF
JACKSON STREET FROM THE ALLEY TO 40TM AVENUE N.E.
At the March meeting, the Traffic Commission called for a Public Hearing
to install "No Parking Anytime" signs on the east side of Jackson Street.
The concern is the difficulty vehicles have to use the alley when cars are
parked on both sides of Jackson Street.
The Commissioners discussed three no parking options for the east side of
Jackson Street: 1) no parking from the alley to 40th Avenue; 2) no parking
from th.e alley to 30' north of the alley, and 3) no parking for 15' on each
side of the alley.
The Commission directed staff to show each option at the site with cones
and tape and provide photographs for the Commissioners to review at their
next meeting.
Police Chief Johnson stated that the City does not have an Ordinance that
allows vehicles to be tagged when parked at a yellow curb so enforcement
is not possible. He suggested polling other cities and creating a draft of an
ordinance prohibiting parking next to yellow curb.
Official Proceedings
Columbia Heights Tr~!ffic Commission
May 6, 2003
Page 2
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Motion by Sturdevant to postpone taking any action until a City Ordinance
is in place for enforcing parking at a yellow curb. Motion died for lack of
a second.
Commissioner Stumpf felt an Ordinance would be broad and not spell out
what the parking restriction distance should be from an alley and felt that
it would have to be narrowed down to certain main thoroughfares.
Motion by Carlson to restrict parking on east side of Jackson Street 15'on
each side of the alley. Motion died for lack of a second.
The Commission members felt it would be good to think about the
situation and directed staff to bring to the next meeting several samples of
ordihances from other cities to see how they read.
Staff suggested any restriction would be temporary as Jackson and Van
Buren Streets are scheduled for reconstruction in 2004.
Motion by Goodman, second by Stumpfto recommend to the City Council
restricting parking on east side of Jackson Street from the alley to 30'
north of the alley. Roll Call vote: Stumpf-aye, Goodman-aye, Carlson-
aye, sturdev~t-nay. Motion carried.
REQUEST FOR "NO PARKING" ON 40TH AVENUE ON EACH SIDE
OF THE ALLEY BETWEEN WASHINGTON STREET AND 7TM
STREET.
Mayor Wyckoffhad received a call from Linda Cichomski of 4032
Washington Street concerning the alley at 40th Avenue between
Washington Street and 7th Street. As residents enter onto 40th Avenue
from the alley, cars parked along 40th Avenue make it difficult to see
vehicles traveling on 40th Avenue.
This is a problem at many alleys, especially along 40th Avenue. There is a
high volume of street parking because of businesses along 40th Avenue
and at this location, City Hall.
Official Proceedings
Columbia Heights Traffic Commission
May 6, 2003 ,
Page 3
Commission members didn't feel that this alley is any worse than any of
the other alleys.
Motion by Carlson, second by Goodman, to take no action. Motion
carded unanimously.
OTHER OLD BUSINESS
None.
V. NEW BUSINESS
A. REQUEST FOR STOP SIGNS AT THE INTERSECTION OF
MADISON STREET AND 43P'n AVENUE
Mr. Leonard Deering of 4311 Jefferson Street was present at the meeting
to continue to pursue his request for stop signs at the intersection of
Madison Street and 43rd Avenue. Mr. Deering's concern is the number of
accidents at this intersection.
Visibility concerns at the intersection have been discussed in the past. The
owner on the northwest comer trims the hedge to meet the requirements of
the City..'g ordinance; however, it does limit visibility.
There have been three reported accidents since 200i: two in 2002 and one
in 2003. In all three accidents the vehicle on 43rd Avenue was westbound.
In two of the accidents the other vehicle was northbound and in one
accident the other vehicle was southbound. The issue is really vehicles
traveling too fast through an uncontrolled intersection.
Mr. Deering stated that speed is still the issue and maybe a yield sign
would help. Commissioner Stumpf suggested that the Police set the speed
trailer out and report back the numbers at the next meeting.
Commissioner Carlson stated that he is not in favor of a stop sign or a
yield sign.
Official Proceedings
Columbia Heights Traffic Commission
May 5, 2003 ~
Page 4
VI.
VII.
Motion by Carlson, second by Goodman to table the request to install stop
signs at the intersection of Madison Street and 43rd Avenue until the next
meeting. Motion carded unanimously.
OTHER NEW BUSINF~S
None.
REPORTS
A. CITY ENGINEER
UPDATE ON INTERSECTION OF 44TM AVENUE AND 5TM
STREET
The trees are in compliance with the visibility ordinance. It was
determined the trees are located on private property. The City sent
the owner a letter requesting the lower portion of the trees be
trimmed and some trimming has been done.
B. POLICE CHIEF
,UPDATE ON GOULD AVENUE
Police Chief Johnson indicated the speed tr~ller was placed on
Go,uld,Avenue for eastbound traffic. During that time there were
471 vehicles and the maximum speed was 37 mph. One car was
Stopped and no vehicles were tagged.
2. NO PARKING AND STRIPING AND SIGNAGE AT ALLEYS
Police Chief Johnson indicated that presently if someone is parked
at a yellow curb the vehicle cannot be tagged. Chief Johnson
suggested an ordinance be approved which prohibits parking next
to yellow curb. The City does not want to install signage at every
alley.
Official Proceedings ,
Columbia Heights Traffic Commission
May 5, 2003
Page 5
C. COMMISSIONERS
Commissioner Carlson asked about the work being done on 51 st and
Central and wondered why it hadn't been reviewed by the Traffic
Commission. Staff indicated that three or four years ago the project was
presented. Central Avenue (Trunk Highway 65) is Mn/DOT's jurisdiction
and City approval is not required for work on the highway.
Commissioner Goodman suggested it would be good to have Mn/DOT
come back to a Traffic Commission meeting again in the future. Staff
indicated it is a good idea if there are issues that need addressing.
council Member Kelzenberg spoke with the owners of the Heights
Theater regarding parking in the area. The owners have indicated they
will promote off-street parking via voice mail and e-mail.
VIII.
ADJOURNMENT
Motion by S turdevant, second by S tumpf to adjourn the meeting at 6:50
p.m.
Respectfully submitted,
Traffic Commission Secretary
COLUMBIA HEIGHTS PUBLIC LIBRARY
BOARD OF TRUSTEES
MINUTES
May 6, 2003
The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Patricia
Sowada, Catherine Vesley, Nancy Hoium, Julienne Wyckoff, and Becky Loader.
Board member, David Holmgren was not in attendance.
It was moved, seconded, and passed to approve the minutes of the April I, 2003, Board meeting as mailed.
Bill list dated 4/14/03 II was reviewed. It was moved, seconded, and passed that they be paid.
Bill list dated 4/28//03 was reviewed. It was moved, seconded, and passed that they be paid.
Bill list dated 5/12/03 was also reviewed. It was moved, seconded, and passed that they be paid.
The accounting was reviewed.
Old Business:
1. The current status of the divine/Faxon/Rowecom magazine subscriptions was updated.
2. Review of amended 2003 budget was conducted. Items that were restored to the budget were highlighted.
3. Parade update was provided. The cost for 5,000 bookmarks would be $316.00. Bookmark color choices
were discussed. Marsha will decide whether to use the blue with white, or the copper with black.
4. Updates on various development sites were discussed. The presentation given by Bob Streetar at the
Division Head meeting was highlighted.
New Business:
1. Nancy Hoium offered Resolution 2003-1 honoring the graduating employees. The resolution was read. It
was moved, seconded, and passed to adopt Resolution 2003-I.
2. The book complaint about language in Rogue Warrior was reviewed. The Board agreed with the position
stated by staff in its response to the patron.
3. The thank you to Bernard Szymczak for the donation in memory of his wife was reviewed.
4. The article from the Cities Bulletin comparing tax bills was reviewed. Proposals concerning maintenance
of effort were discussed.
5. Crossover statistics were reviewed.
6. The new format and information from the State Annual Report were reviewed.
7. The Capital Outlay program for 2003-2007 was reviewed. It was moved, seconded, and passed to adopt
the items as presented.
8. The Capital Improvement Program for 2003-2005 was reviewed. It was moved, seconded and passed to
adopt the items as presented.
9. The proposed calendar for 2004 budget preparations was reviewed.
10. Policy manual review was started.
a. It was moved, seconded, and passed to reconfirm the mission statement.
b. It was moved, seconded, and passed to adopt the history section.
c. The collection development policy was reviewed. It was moved, seconded, and passed to adopt
the policy with indicated changes and deletions.
d. The Request for Reconsideration of Library Material policy was reviewed. It was moved,
seconded and passed to adopt the policy with indicated changes.
e. The ALA recommended policies were discussed. The Board will consider the Library Bill of
Rights, Right to Read, and twelve codicils at the next regular meeting.
11. The Columbia Heights Prayer Breakfast will be held on Wednesday, May 14, 2003 at 7:00 a.m. The
Board was extended an invitation to attend if possible.
12. The Anoka County Parks brochure for summer programs was distributed.
13. The "Explore Bright Ideas" button and bookmarks were distributed to the Board.
14. Kids' Zine program was discussed.
15. A donation of materials on the Middle East has been received and entered into the database.
16. The upcoming book sale was discussed. The necessary condition of donated materials was noted.
17. The roof has leaked twice in the last month. Dalco was called; the probable cause is that the air
conditioning unit has a crack.
18. The Concealed Carry Law recently passed in Minnesota was discussed.
There being no further business the meeting was adjourned.
Respectfully submitted,
eathine M. Schmidt Secretary to the Library Board of Trustees.
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.
THE MINUTES OF THE
TELECOMMUNICATIONS COMMISSION
FROM
THURSDAY, MAY 15, 2003
ff'A-2-~.
These minutes
not approved.
The meeting was called to order at 7:05 p.m. by Dennis Stroik, Chairperson.
ROLL CALL: Commission Members:
Excused-Absent Members:
Unexcused Absent Member:
Council Representative:
City Representative:
Dennis Stroik, Dan Swee, and Bob Buboltz.
Ken Henke, Dave Mahoney, and Brad Peterson
Reuben Ruen
Bruce Nawrocki
Jean Kuehn
APPROVAL OF MINUTES
Motion by Bob Buboltz, second by Dennis Stroik, to approve the minutes from the meeting of March 20,
2003. All ayes.
OLD BUSINESS
A. Channel Check
Everything was ok. Members noted they have noticed at home that the sound on Nickelodeon has
been distorted.
B. Correspondence Log and Follow Up on Complaints
Steven Boxmeyer-4624 Taylor St NE-He was upset he was charged for approximately $200 worth
of PPV. He claims he wasn't home and didn't order all the movies he was charged for. Kathi
Donnelly-Cohen responded to him in a letter that there are 7 steps to ordering and someone had
gone through the process. Comcast did credit his account and set a $0 credit limit on his account.
He will need to establish a PIN # to order any PPV events from here on.
C. Other Old Business
No other old business.
NEW BUSINESS
A. Annual Report
The Annual Report could not be accepted due to lack of a quorum. This will be done at the
next meeting.
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Notice Regarding Upgrade of the Digital Music Programming
Effective April 15, 2003, Comcast upgraded the commercial-free digital music programming
that digital cable customers receive. DMX was replaced with Music Choice, the industry's
leading provider of commercial-free digital music.
TELECOMMUNICATIONS COMMISSION MINUTES
MAY 15, 2003
PAGE 2
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Program Changes to Spanish Tier
Effective May 1, 2003, changes were made to the current optional Spanish tier. "Canales" will
be renamed "Cable Latino". Three new channels will be added and two channels will no
longer be available. The price will not change from the current rate.
Notice Regarding Change of e-mail addresses for Internet Customers
The transition of AT & T Broadband Intemet Customers e-mail addresses to Comcast began
April 22, 2003. Customers v3~r~ not~-fi~d of the change and e-mail Will be transferred to the
new addresses through December 2004.
FCC Fee Increase
Effective with the May billing cycle, the per-customer fee assessed by the FCC will increase
fi.om $.04 to $.05 per month. Customers will be notified of this change with their bill.
Franchise Fees for 1st Quarter 2003 Received
A copy of the check for the 1st Quarter of Franchise Fees was enclosed in the agenda packets.
Election of Officers
Nominations for the 2003 Chairperson and the liaison positions of the Commission could not
be held due to a lack of a quorum.
Annual Holiday Dinner
Dennis had requested this item be placed on the agenda to gauge interest in whether the
Commission members wanted to continue holding an annual Holiday Dinner Party. No action
was taken, but the members agreed to postpone the dinners as a cost saving measure or to do
with. other commission in a citywide gathering, rather than holding one separately as has been
done the last few years.
Other New Business
No other new business.
REPORTS
A.
Report of Commissioners
Education-Ruth Dunn-The School District Communications Specialist-has had her position
cut. Dennis contacted school board members to voice his concern about the future of
Educational Access Programming. Linda Ernst is no longer involved in media production.
It seems Ms. Laurel Osterkamp who currently works with the TV Production class, will be
the only contact regarding this issue.
Library-Annual Book Sale took place on May 14-15
Public-Nothing to report
Government-Nothing to report
TELECOMMUNICATIONS COMMISSION MINUTES
MAY 15, 2003
PAGE 3
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Report of Comcast-
The reports for March and April were included in the agenda packets.
Report of the Cable Attorney
Legal Counsel was not present, as the issues being discussed did not require legal opinion
or clarification.
Report of the Special Projects Coordinator
Nothing further to report.
Motion by Bob Buboltz, second by Dan Swee, to adjourn the meeting at 7:40pm. All ayes.
Respectfully submitted,
Shelley Hanson
Secretary
THESE MINU'ii S HAVE
.NO ,BEEN
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS
HUMAN SERVICES COMMISSION MINUTES
MAY 14, 2003
Present: Barb Karol, Mohamed Osman, Terry Lee Hoppenrath, Jocelyn Hall, Sarah
Kogut, Julienne Wyckoff, Council Liaison
Absent: Scan Clerkin
Julienne agreed to be Recording Secretary
Minutes from March 5 meeting were unanimously passed
Discussion of the Taste of Heights- 1,028 tickets were sold. Very successful event.
Breakdown was as follows:
2002 2003
Jerusalem Caf6 153 ......
E1 Tequila 174 127
Sahib's 195 154
E1 Bustan 177 168
Dragon House 196 172
Olive Tree 251 216
Udupi Caf6 106 111
Cedar Deli .... 80
Humanitarian of the Year- after much discussion, Dale Schuetz was selected. Members
will try and find gifts. Reception will be June 9.
Meeting closed, Linda McGee will notify members of September, 2003 meeting
Julienne Wyckoff, Recording Secretary
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: May 27, 2003
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: 5-A-3 CITY MANAGER'S APPROVAL
ITEM: Establish Work S essionMeeting BY: Walt Fehst BY:
Date for June 2003
NO: DATE: May 21, 2003 DATE:
It is recommended that Work Session meeting date be scheduled for Monday, June 2, 2003 beginning at
7:00 p.m., in the City Hall Council Chambers.
RECOMMENDED MOTION:
MOTION: Move to establish a Work Session meeting date for Monday, June 2, 2003 beginning at 7:00
p.m., in City Hall Council Chambers.
COUNCIL ACTION:
COLUMBIA HEIGHTS - CITY COUNCIL LETTER
Meeting of: May 27, 2003
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGERS
NO: ~-A-q CITY MANAGER APPROVAL / ,,
ITEM: Adopt Res. 2003-26 changing BY: Walt Fehst BY: ~.~/~~
Council meeting date of June 23, 2003 DATE: May 15, 2003 DATE:
NO:
Background:
The dignitaries from our Sister City, Lomianki, Poland will visit our City the last week in June, 2003.
The City is sponsoring a traditional American Dinner for them on June 30th at Immaculate Conception
Church. Our Sister City Committee has requested that the regular June 23~d City Council meeting be
rescheduled to Monday, June 30, 2003 at 7:00 p.m. in the City Council Chambers. Our guests will attend
the Council meeting to be recognized and introduced to the public.
Recommendation:
· Reschedule the Monday, June 23, 2003 regular City Council meeting to Monday, June 30, 2003
beginning at 7:00 p.m.
Recommended Motion:
MOTION: Move to waive the reading of Resolution No. 2003-26, there being ample copies available
to the public.
MOTION: Move to Adopt Resolution 2003-26, being a Resolution changing the date of the City of
Columbia Heights second regular City Council meeting in June 2003.
COUNCIL ACTION:
2003-5-27 holiday mtg date.doc
RESOLUTION NO. 2003-26
BEING A RESOLUTION CHANGING THE DATE OF THE
CITY OF COLUMBIA HEIGHTS SECOND REGULAR CITY COUNCIL
MEETING IN JUNE 2003
WHEREAS: The City of Columbia Heights will welcome dignitaries from our Sister
City, Lomianki, Poland during June of 2003, and;
WHEREAS: The City of COlumbia Heights will host a traditional American dinner for
our visitors on June 30, 2003, and;
WltEREAS: Our Sister City Committee has requested that the regular June 23rd City
Council meeting be rescheduled to Monday, June 30, 2003 at 7:00 p.m. in the City
Council Chambers to introduce our guests to our community, and;
WHEREAS: Our invited guests have expressed interest in viewing a Columbia Heights
City Council meeting in progress; and
WHEREAS: The City Council has decided to reschedule a Council meeting for this
purpose, and;
WHEREAS: The second regular Council meeting in June, 2003 would heretofore have
been scheduled for Monday, June 23, 2003, that it now be rescheduled to Monday, June
30, 2003.
NOW, THEREFORE, BE IT RESOLVED, that all interested parties be advised of this
change with the traditional convening time of 7:00 p.m. in the City Hall Council
Chamber.
Passed this
day of May 2003
Offered by:
Second by:
Roll call:
Attest:
Mayor Julienne Wyckoff
Patricia Muscovitz, CMC
Deputy City Clerk/Council Secretary
CITY COUNCIL LETTER
Meeting off 5/27/03
AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER
NO: ~-/~- ~' PUBLIC WORKS,~.~ ~
ITEM: RESOLUTION ADOPTING 2003-2004 BY: K. Hanse.3~2~.,..~ BY:
SIDEWALK MAINTENANCE POLICY DATE: 5/22/03''a-.---''''''~ DATE:
Background:
A new City sidewalk Maintenance Policy has been prepared by city staffbased upon a model policy from the League of Minnesota
Cities. Based upon the 2002 and 2003 Safety and Loss Control Workshop sponsored by the League of Minnesota Cities, it is
strongly recommended by attorneys at the LMC that every city have a sidewalk maintenance policy that is reviewed by the City
Council and approved by resolution. This policy is intended only for the maintenance and preservation of existing sidewalks and
does not address new sidewalk construction.
Analysis/Conclusions:
The City Engineering department conducted a complete inspection and review of all sidewalks in the City in 1992 with a similar set
of review criteria. The proposal at that time was for a complete City program to correct defective sidewalk conditions. A public
hearing was conducted for all work and was denied by the Council at that time. The proposed Sidewalk Policy uses the same set of
review criteria, but would implement annual inspections and replacement/repairs concurrent with the existing Street Rehabilitation
Program. Complaints outside the project zones would be handled in the same manner as they have been over the last several years
with staff review and an estimate of costs provided to the affected property owners. The proposed Policy adds the requirement that
the walk be corrected in sixty days, or the City will make the corrections following special assessment procedures.
The policy has been prepared for the 2003-2004 year with the following specific recommendations that define inspection
procedures and replacement or repair processes:
· Establishes a written policy that guides the City's inspection and maintenance efforts.
· Provides criteria for identifying defective sidewalk conditions.
· Defmes an inspection process and schedule of repairs.
· Estabhshes priority criteria.
· Provides a process for complaint reporting and accidents.
Public Works recommends passage of the Resolution adopting the 2003-2004 Sidewalk Maintenance Policy.
Recommended Motion: Move to waive the reading of Resolution No. 2003-20, there being ample copies available to the public.
Recommended Motion: Move to approve and adopt Resolution No. 2003-20 adopting the 2003-2004 Sidewalk Maintenance
Policy.
Attachment: Resolution
COUNCIL ACTION:
RESOLUTION NO. 2003-20
RESOLUTION ADOPTING A SIDEWALK MAINTENANCE POLICY
WHEREAS, a Sidewalk Maintenance Policy has been developed based upon the
recommendations of the League of Minnesota Cities and City staff; and
WHEREAS, adoption of said policy has been determined to be in the best interest of the City of
Columbia Heights; and
WHEREAS, said policy defines the sidewalk inspection and maintenance procedures and
methods used by the City of Columbia Heights,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia
Heights that said Sidewalk Policy is hereby approved and adopted.
Dated this 27th day of May, 2003.
Offered by:
Seconded by:
Roll Call:
CITY OF COLUMBIA HEIGHTS
BY
Julienne Wyckoff, Mayor
Patricia Muscovitz
Deputy City Clerk
City of Columbia Heights
SIDEWALK MAINTENANCE POLICY
The City of Columbia Heights declares that the retention, repair and replacement of
existing sidewalks within the City is in the public interest and that as far as possible the
existing sidewalk system should be maintained, repaired, and replaced, except in such
circumstances where the City Council determine it is unnecessary, unfair or not in the
public interest to continue the sidewalk system.
The City of Columbia Heights has 31.5 miles of public sidewalks. Public sidewalks may
vary in age and in quality of condition. The City recognizes that some sidewalk
conditions can create unreasonable hazards for pedestrians and other sidewalk users.
Accordingly, the City and its Public Works Department must exercise both discretion and
professional judgment in determining when sidewalks need to be replaced or repaired.
The City expects that its agents, employees, and city officials will exercise discretion in
identifying conditions requiring replacement and repair, in the scheduling of replacement
and repair, and in establishing sidewalk priorities for replacement and repair.
POLICY
An annual inspection process shall be conducted by the City in designated areas. The
Public Works Director or designee shall establish procedures for regular sidewalk
inspection. These procedures shall include:
C.
D.
E.
An initial citywide survey was conducted by City Engineering staff and
completed in 1993.
A re-inspection of the city sidewalk survey to be completed by December
31 st of each year for the designated areas.
A schedule for routine sidewalk inspections for designated areas.
A complaint system whereby sidewalks are inspected after the city
receives a complaint about a defective sidewalk area.
Defective sidewalk means any of the following:
1. Vertical separations of one (1) inch or more;
2. Horizontal separations of one (1) inch or more;
3. Missing sidewalk panel;
4. Holes or depressions of three (3) inches or more in diameter and one-
half (1/2) inch or more in depth;
5. Spalling measuring 1" or more in depth, or spalling on more than 50%
of the surface area of a sidewalk panel;
6. Tertiary cracking on more than 50% of the surface area of a sidewalk
panel;
7. Settlement causing water ponding on more than 50% of the surface
area of a sidewalk panel;
8. A sidewalk panel cracked in such a manner that its remaining intact
surface is not greater than one square foot or is cracked in a manner
that constitutes a danger or a potential hazard to the public;
Dated May, 2003
9. A sidewalk with any part missing that is full depth;
10. A deviation on the staked and constricted grade of 3/4 inch or more as
to any sidewalk newly constructed.
SIDEWALK REPLACEMENT AND REPAIR
Upon completion of the initial sidewalk survey, the Public Works Director shall establish
a replacement and repair schedule. This schedule is subject to modification based both
on sidewalk conditions and the availability of resources for sidewalk replacement and
repair. The sidewalk replacement and repair schedule will:
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Follow in order the:
1. Existing City Street Rehabilitation Zones,
2. Petitioned or written requests for repair outside the Street
Rehabilitation Zones,
3. Or otherwise prioritize replacement of the sidewalks identified as
needing replacement or repair so that all sidewalks identified in the
initial sidewalk survey as needing replacement or repair are
replaced or repaired by the date set forth by the Public Works
Director or designee.
Take into consideration and weigh the following factors:
1. Sidewalk location and amount of pedestrian traffic;
2. Proximity of sidewalk identified as needing replacement or repair
to other sidewalks also needing replacement or repair;
3. The nature and severity of the condition needing replacement or
repair;
4. To what extent the cost of repair can be recovered from adjacent
property owners in accordance with applicable state statutes;
5. The City's budget for replacement or repair of sidewalks;
6. Availability of employees, equipment, and other resources for
sidewalk replacement or repair;
7. Public safety;
8. History of prior accidents or complaints;
REPAIRS AND MAINTENANCE
It is the policy of the City of Columbia Heights that the owner of any private property
within the City abutting an existing sidewalk is responsible for all repairs and shall keep
the sidewalk in good repair and safe. The City may, as a public service and for reasons of
public safety, remove snow and ice from sidewalks, consistent with the City Snow and
Ice Control Policy.
If the City's Engineering Department finds that any sidewalk abutting a private property
is unsafe, defective, or in need of repairs, he/she shall cause a notice to be served. The
notice shall be served upon the recorded owner by personal service or upon the recorded
owner and occupant by registered or certified mail to their last known address if the
owner does not reside within the City or cannot be found herein. The notice shall order
the owner to have the sidewalk repaired and made safe within sixty (60) days, and state
that if the owner fails to do so, the Public Works Director may order work to be
completed at the expense of the property owner. If the repairs are not paid for, special
assessment procedures will be followed and the cost of the work will be assessed against
the property.
REPAIR AND CONSTRUCTION REQUIREMENTS
No person shall make any sidewalk repair or improvement, whether ordered by
the City or not, until such person has submitted a plan, has obtained the required
permits from the City, and has paid all applicable fees.
Ao
Once the requirements of this subdivision have been met and the plan
approved, the permit shall be issued, and a copy shall be filed and
preserved. The permit shall state when the repair work is to commence
and when the work is to be completed.
Specifications. All repairs and improvements to sidewalks, whether
undertaken by the owner or the abutting property or by the City, shall be
performed under the supervision and inspection of the Public Works
Director and in accordance with the plans and specifications approved by
the City of Columbia Heights.
Notice to Stop Work. The Public Works Director or City Manager may
stop work at the site upon written notice served by registered or certified
mail, to the property owner, the property owner's agent; or to the
contractor or party doing the work; for any of the following reasons:
1. Failure to obtain a permit.
2. Failure to perform work in accordance with the specifications
established by the City.
When a property owner, agent of the property owner, contractor, or party
performing work receives the notice, such person shall cause the work to
stop. Work may resume when a permit is obtained or when the Public
Works Director or designee has confirmed that corrections have been
made to conform the work to the required specifications.
Removal Without Replacement. Removal of a sidewalk without
replacement, shall occur only by the following:
1. The owner of the abutting property submits a petition to the City
Council. The City Council determines by Resolution that it is in
the interest of the public to remove the sidewalk.
2. The City Council, on its own motion, seeks the removal of
sidewalks without replacement by Resolution, and the motion
passes by a majority vote.
REVIEW AND MODIFICATION OF POLICY
The City may modify or clarify this policy at any time. The City has delegated
responsibility or authority to city employees or officials for the development and
implementation of this policy. The City Council or City Manager shall have full
authority to modify any portion of this policy when deemed necessary.
REVIEW OF POLICY
The Public Works Director or designee shall keep on file, comments and complaints
received regarding this policy. The policy will be reviewed periodically. Any review
will consider comments and complaints since the last review and any other factors
affecting the policy or its implementation.
EFFECTIVE DATE OF POLICY
This policy shall be made effective as of May 31, 2003. Modifications of the policy shall
be effective on the date said modifications are approved by City Council resolution or the
date the city employees or official (with authority granted by the City Council) has
approved the policy modifications or implemented changes.
4
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting >fi May 27, 2003
AGENDA SECTION: 2~'A ' ~a ORIGINATING DEPARTMENT: CITY MANAGER'S
NO: Consent Agenda Community Development APPROVAL ~
ITEM: Building Official Contract with New BY: Robert Streetar BY:,~.~~h~~
Brighton DATE: May 21, 2003
BACKGROUND: Since July of 2002, the City of New Brighton has temporarily provided the City of
Columbia Heights with building inspection services. The Building Official from New Brighton, Kevin
White, has provided the City with up to 20 hours per week of service. Kevin White is very efficient and
works well with City staff. As a result, staff suggests the City Council formalize this service relationship
in a contract that clearly identifies the terms, conditions and obligations of this service relationship.
Please find the contract attached.
RECOMMENDATION: Staffrecommends entering into a formal agreement with New Brighton for
building inspection services through December 31, 2005.
RECOMMENDED MOTION: Move to Approve the Columbia Heights Building Permit Contract
Agreement between the City of Columbia Heights and the City of New Brighton for Building Inspection
Services through December 31, 2005; and furthermore, to authorize the Mayor and City Manager to enter
into an agreement for the same.
Attachments
COUNCIL ACTION:
h:\Censent2003~,CIBuilding Official Contract-New Brighton
Columbia Heights Building Permit Contract
This Agreement is made as of the 1st day of June 2003, by and between the City of
Columbia Heights (hereinat~er referred to as "Columbia Heights" ) and the City of New
Brighton (hereinafter referred to as "New Brighton").
WHEREAS, Columbia Heights is author/zed and empowered to provide for various types
of inspections and code enforcement to ensure the public health, welfare and safety; and
WHEREAS, it is the desire of thc parties and the purpose of this agreement that certain of
such services be performed by New Brighton on behalf of the City of Columbia Heights;
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, the parties hereto agree as follows:
1
SCOPE OF SERVICES
1.1 The term of this agreement shall be from June 1, 2003 until tern-dnated in
accordance with paragraph 3.9.
1.2
New Brighton agrees to provide building inspection and building plan
review services for Columbia Heights and for the City of Hilltop through the
Columbia Heights Community Development Department. Columbia Heights will
provide building inspection and plan review services for the City of Hilltop under
this Contract. New Brighton will provide such services at the request of
Columbia Heights and Columbia Heights will assume all obligations imposed by
this contract with respect to services rendered to Hilltop in all respects as though
Hilltop were a part of the City of Columbia Heights. All reverences in this
Contract to Columbia Heights shall be deemed to include the City of Hilltop.
New Brighton will serve as the Building Official for Columbia Heights under the
tenm of this agreement. By execution of this agreement, Columbia Heights
designates the New Brighton building official as the building official for
Columbia Heights and for Hilltop.
1.3
Except as otherwise specifically set forth herein, building inspection and
plan review services shall only include those types of duties and functions
customarily rendered by Building Officials and Inspectors under law.
1.4
Under this agreement Columbia Heights will receive all building peru-fit
applications and fees required by existing laws, codes, and ordinances of projects
within Columbia Heights. The applications including building plans and other
attachments will be provided to New Brighton at~er they have first been reviewed
by Columbia Heights for purposes of planning, zoning, subdivision and other
local code regulations and requirements. The Building Official for New Brighton
shall examine such applications to determine compliance with the current editions
of the State Building Codes.
1.5
All applications for permits that require variances, conditional use permits
or other special permits under existing Columbia Heights ordinances shall first be
resolved by Columbia Heights prior to submission to the New Brighton Building
Official for review. All special conditions and requirements imposed by
Columbia Heights shall be specified in writing and attached to the application.
1.6
The Building Official for New Brighton shall notify Columbia Heights
when to issue all permits as required by the current Minnesota State Building and
Fire Codes.
1.7 Pursuant to this Agreement, the Building Official shall provide necessary
plan check services as required by laws, regulations, and ordinances.
1.8
The Building Official and/or Building Inspector for New Brighton shall
provide all job site inspections on projects under permit as is required by the
current Minnesota State Building Codes and City ordinances and such other
reasonable inspections as may be deemed necessary by him or her in order to
monitor compliance with the Minnesota State Building Codes.
1.9 The Building Official will advise Columbia Heights residents and
contractors with code questions and issues.
1.10 Columbia Heights shall collect all fees and charges for all required permits
and applications within Columbia Heights. Columbia Heights shall also collect
any and all permit related surcharge fees, sewer availability charges, and other
fees as may be required by statute, regulation, or ordinance.
1.1
1 The Building Official and/or Building Inspector for New Brighton shall
not be required, but may be requested from time to time to attend Columbia
Heights City Council meetings. The Building Official and/or Building Inspector
for New Brighton may, upon request, attend preconstruct/on meetings.
1.12 The Building Official for New Brighton shall have the exclusive initial
authority to determine interpretations and applications of the Minnesota State
Building Codes for all permitted projects with Columbia Heights.
Notwithstanding the foregoing, the Building Official shall confer with the
Columbia Heights City Manager and/or Community Development Director before
issuing any such interpretations and applications of the Minnesota State Building
Codes that might have an extraordinarily significant effect on projects within
Columbia Heights. The Building Official shall also have the right and
responsibility to issue correction orders, stop work orders, and citations on
violations of the Minnesota State Building Codes on any project determined not to
CLL-227703vl
NE136-8
be in compliance with the terms and provisions of the Minnesota State Building
Codes. Enforcement and prosecution of any Minnesota State Building Code
requirements by way of judicial action for either criminal or civil sanction shall
remain the exclusive responsibility of Columbia Heights. The New Brighton
Building Official shall cooperate in any enforcement procedures.
1.13 Upon completion of all inspections associated with any specific permit,
the New Brighton Building Official and/or Building Inspector shall forward the
original inspection records along with the plans as submitted by the applicant to
Columbia Heights. All such plans shall be kept on file by Columbia Heights
pursuant to state law. All such original records shall remain the exclusive
property of Columbia Heights.
1.14 It is anticipated that New Brighton will provide between 15 and 25 hours
of service per week. New Brighton will not provide more then 25 hours of
service without prior approval from the Columbia Heights City Manager or
Community Development Director.
2
FEES
2.1 Columbia Heights shall pay New Brighton at the sum of $50 per hour for services
required in this agreement during 2003, $54per hour during 2004, and $57per
hour during 2005. Invoices will be submitted monthly. Payments shall be due by
the 15m of each month for services provided for the preceding month.
3.1
3.2
3.3
3
GENERAL TERMS AND CONDITIONS
Columbia Heights shall not assume any liability for the direct payment of any
salary, wage, workers compensations, income tax withholding, or any other type
of compensation to any New Brighton employee for performing any inspection or
code enforcement service(s) pursuant to this Agreement. This remains the
responsibility of New Brighton.
Columbia Heights shall also be solely responsible to determine compliance with
its own zoning, land use regulations and regulations of the Minnesota Department
of Natural Resources, Minnesota Department of Transportation and all other
regulatory bodies and political subdivisions having the jurisdictional authority
within Columbia Heights affecting the development of lands.
Columbia Heights shall be solely responsible for direct payment of any fees or
charges to the Metropolitan Waste Control Commission, State of Minnesota or
CLL-227703vl
NE136-8
any of its subdivisions and Anoka County as may be required by law affecting
development and the issuance of any permit within its borders.
3.4
Columbia Heights, its officers, agents, and employees shall cooperate with and
assist New Brighton in the orderly performance of services to be provided for
herein.
3.5 All applications for permits and inspections shall be made on forms utilized and
maintained at Columbia Heights city offices.
3.6
The books, records, documents, and accounting procedures of New Brighton
relevant to this Agreement, are subject to examination by Columbia Heights and
either the legislative or state auditor as appropriate, pursuant to Minnesota
Statutes.
3.7
This Agreement represents the entire Agreement between New Brighton and
Columbia Heights and supersedes and cancels any and all prior agreements or
proposals, written or oral, between the parties relating to the subject matter
hereof, any amendments, addenda, alterations, or modifications to the terms and
conditions of this Agreement shall be in writing and signed by both parties.
3.8 Both parties agree to comply with all applicable state, federal and local laws, rules
and regulations.
3.9
This agreement shall terminate as follows:
a. Upon the expiration of 90 days after service of written notice upon the
other party, with or without cause; or
b. At any time, upon agreement of the parties; or
c. By either party on the termination of employment of either of the persons
employed as building official or building inspector by New Brighton. The
parties acknowledge that it may be impractical for New Brighton to
furnish services at the level described in paragraph 1 in the event of such
termination of employment; however, the parties will discuss in good faith
the feasibility of providing a mutually acceptable level of service before
terminating the agreement pursuant to this paragraph 3.9.c.; or
d. By either party on 20 days written notice for material breach that is not
cured within such 20 day period; or
e. In any event on December 31, 2005.
3.10 New Brighton agrees to defend, indenmify and hold harmless Columbia
Heights, and its officials, agents and employees from and against all claims,
actions, damages, losses and expenses arising out of or resulting from New
Brighton's performance of the duties required under this Agreement, to the extent
caused by any negligent act or omission or willful misconduct of New Brighton.
CLL-227703vl
NE136-8
Columbia Heights will reimburse New Brighton for any payments made by New
Brighton under the deductible provision of its liability insurance policy for claims
indemnified or defended by New Brighton under this paragraph.
3.1
1 Columbia Heights agrees to defend, indemnify and hold harmless New
Brighton, and its officials, agents and employees from and against all claims,
actions, damages, losses and expenses arising out of or resulting fi'om Columbia
Heights' performance of the duties required under this Agreement, to the extent
caused whole by any negligent act or omission or willful misconduct of Columbia
Heights.
3.12 Each party shall carry liability insurance in the amount of at least
$300,000 per individual and $1,000,000 per occurrence, and property damage
liability insurance in the amount of $100,000. Each party shall have the other
named as an additional insured, and provide a certificate of said insurance. Each
party shall carry Worker's Compensation Insurance as required by Minnesota
Statutes, Section 176.181, Subd.2 (1994) and will provide a certificate of said
insurance to the other.
3.13 Nothing herein shall be deemed a waiver by either party of the limitations
on liability set forth in Minnesota Statutes Chapter 466.
3.14 Any employee assigned by New Brighton to perform its obligations
hereunder shall remain the exclusive employee of New Brighton for all purposes
including, but not limited to, wages, salary and employee benefits.
3.15 It is agreed that nothing herein contained is intended or should be
construed in any manner as creating or establishing the relationship of co-partners
between the parties hereto or as constituting the person employed by New
Brighton as the agent, representative or employee of Columbia Heights for any
purpose or in any manner whatsoever. New Brighton is to be and shall remain an
CLL-227703vl
NE136.-8
independent contractor with respect to all services performed under this contract.
New Brighton represents that it has, or will secure at its own expense, all
personnel required in performing services under this contract. Any and all
personnel of New Brighton or other persons, while engaged in the performance of
any work or services required by New Brighton under this contract, shall have no
contractual relationship with Columbia Heights and shall not be considered
employees of Columbia Heights, and any and all claims that may or might arise
under the Worker's Compensation Act of the State of Minnesota on behalf of said
personnel or other persons while so engaged, and any and all claims whatsoever
on behalf of any such person or personnel arising out of employment or alleged
employment including, without limitation, claims of discrimination against New
Brighton, its officers, agents contracts or employees shall in no way be the
responsibility of Columbia Heights; and New Brighton shall defend, indemnify
and hold Columbia Heights, its officers, agents and employees harmless from any
and all such claims regardless of any determination of any pertinent tribunal,
agency, board, commission or court. Such personnel or other persons shall not
require nor be entitled to any compensation, rights or benefits of any kind
whatsoever from Columbia Heights, including, without limitation, tenure rights,
medical and hospital care, sick and vacation leave, Worker's Compensations,
Unemployment Compensation, disability, severance pay and PERA.
IN WITNESS WHEREOF, the parties have set forth their hands on the day and
year first written above.
CITY OF COLUMBIA HEIGHTS
By:
Its: Mayor
By:
Its: City Manager
CLL-227703vl
NE136-8
CITY OF NEW BRIGHTON
By:
Its: Mayor
By:
Its: City Manager
CLL-227703vl
NE136-$
CITY COUNCIL LETTER
Meeting of: May 27, 2003
AGENDA ORIGINATING CITY MANAGER
SECTION: 3" A--I DEPARTMENT: APPROVAL
NO: Fire
ITEM: Establish Hearing Dates BY: Charlie Thompson BY:~/.~
License Revocation, Rental Properties
DATE: May 21,2003 DATE:
NO:
Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested
against the following owners regarding their rental property for failure to meet the requirements of the Residential
Maintenance Codes.
1. Sandy Rush ................................................................... 4410 Central Avenue N.E.
RECOMMENDED MOTION: Move to Establish a Hearing Date of June 9, 2003 for Revocation or Suspension
of a License to Operate a Rental Property within the City of Columbia Heights against Sandy Rush at 4410
Central Avenue N.E.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: May 27, 2003
AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER
APPROVAL
NO: <-'-'-~' 4 '8 Fire
ITEM: Approval of Rental Housing License BY: Charlie Thompson BY:~~
Applications
NO: DATE: May 21, 2003 DATE:
Approval of the attached list of rental housing license applications, in that they have met the requirements of the
Housing Maintenance Code.
RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for May 27,
2003.
COUNCIL ACTION:
O¢¢upanyI.B.
20200
30073
12072
1OO56
1OO37
12143
30055
20106
20086
12O56
12204
12066
12042
12030
20003
30057
20044
20081
20271
20212
12058
20321
30075
20083
12O61
10OO2
20O47
10011
12122
20169
10084
Property Owner Name
Grace & Truth Chapel
Twin City Rent-a-Home, LLC
Jude Akassap
Jeff Bahe
Thomas Blomberg
Kimberly Dahline
Martha Demetriou
Ryan Diekow
Walter Doelz
Stephen Dziedzic
Joel Fantle
Willam Franz
Jennifer Gorka
Jane Halek
Mark Hess
Doris Jorgenson
Edwin Matthes
Gilbert Nevils Jr.
Alice Nopola
Jai Ramnarine
Ronald Schloesser
Mohamed Shokeir
Wilton Smith
Tad Sonneman
Stephen Stenger
Thevendra Thuraisingham
James Wegman
David Wiger
Joseph Yang
Cha Yang
Oscar Zamora
Property Address
4345 2nd Street
3923 Lookout Place
4247 2nd Street
3825 Central Avenue
4852 Monroe Street
4315 Main Street
1400 47th Avenue
204 42nd Avenue
1261 Circle Terrace
1262 Circle Terrace
3982 Tyler Street
3830 3rd Street
1230 Circle Terrace
4600 Fillmore Street
4029 2nd Street
1480 47th Avenue
5229 7th Street
3833 Reservoir Blvd
4937 Jackson Street
4550 7th Street
4217 2nd Street
3951 Polk Street
4544 Madison Street
4645 Washington Street
3967 Polk Street
1000 41 st Avenue
3959 Reservoir Blvd
5045 4th Street
3902 Reservoir Blvd
4518 Washington Street
4307 University Avenue
05/23/2003 08:37 Page 1
CITY COUNCIL LETTER
Meeting off May 27, 2003
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: ~""/~" q License Department APPROVAL_
ITEM: License Agenda BY: Shelley Hanson (~ DATE: ~/,~~
NO: DATE: May 22, 2003'~ BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the May 27, 2003 City Council meeting. This agenda
consists of applications for various Contractor Licenses for 2003, a Motor Vehicle Sales License and a
Cigarette/Tobacco License.
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 May 27, 2003 as presented.
COUNCIL ACTION:
TO CITY COUNCIL May 27, 2003
*Signed Waiver Form Accompanied Application
2003 BUSINESS LICENSE AGENDA
CONTRACTORS LICENSES
BLDG
*Superior Heating & AC
*J.S. Cares Construction
*Commercial Plumb. & Htg
2132 2nd Ave N. Anoka
2400 Cates Ranch Dr, Hamel
2448 Greenway Ave, Forest Lk
$50.00
$50.O0
$50.00
MOTOR VEHICLE SALES
ZONING
*Newport Auto Sales
5101 University Ave
$200
CIGARETTE/TOBACCO SALES
POLICE Monica-CH Inc (Hot Market) 5011 University Ave $200
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
COUNCIL ~ETINO OF:
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number I D ~ through I~) ~
in the amount of$ ~/~'2, (e~'~/. t~.
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
ACS FIN~CI~ SYSTEM CITY OF COL~BIA HEIGHTS
05/23/2003 08:04:56 Check History GL050S-V06.50 COVERPAGE
GL540R
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* * * * L E A N N 0 * * * *
Report Selection:
Optional Report Title ....... 05/27/03 COUNCIL LISTING
INCLUSIONS:
Fund & Account ..............
Check Date ..................
Source Codes
Journal Entry Dates
Journal Entry Ids ...........
Check Number ................
Pro~ect .....................
Vendor ......................
Invoice .....................
Purchase Order
Bank ........................
Voucher ....................
Released Date ...............
Cleared Date ................
thru
thru
thru
thru
103440 thru 103639
thru
thru
thru
thru
thru
thru
thru
thru
thru
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP
J LEANNO 01 P4 Y S 6 066 10 Y Y
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
05/23/2003 08 Check History GL540R-V06.50 PAGE 1
05/27/03 COUNCIL LISTING
BANK VENDOR
BANK CHECKING ACCOUNT
AARP
ANOKA HENNEPIN TECH COLL
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
CHISAGO LAKES DISTRIBUTI
CITY OF NEW BRIGHTON
COCA-COLA BOTTLING MIDWE
CRELLY/JOHN
EAST SIDE BEVERAGE CO
FEDERAL EXPRESS
FRITZ COMPANY INC
G & K SERVICES
GENUINE PARTS/NAPA AUTO
GLENWOOD INGLEWOOD
GRIGGS-COOPER & CO
HOHENSTEINS INC
HOWARD R GREEN COMPANY
JOHNSON BROS. LIQUOR CO.
JUNTUNEN/GREGORY
KENNEDY & GRAVEN
KUETHER DIST. CO.
LINDESMI TH/NATHAN
MARK VII DIST.
MEDTRONIC PHYSIO CONTROL
METRO EMERGENCY MANAGER'
NAWROCKI / BRUCE
PETTY CASH - KAREN MOELL
PITNEY BOWES LOUISVILLE
QWEST COMMUNICATIONS
SAM ' S CLUB
STURM/CATHIE
SUN PUBLICATION
UPPER MIDWEST COMMUNITY
VERIZON WIRELESS
XCEL ENERGY (N S P)
AFFINITY PLUS FEDERAL CR
AFSCME
CNA-GROUP LONG TERM CARE
DELTA DENTAL
FIRST COMMUNITY CREDIT U
ICMA RETIREMENT TRUST 45
MN CHILD SUPPORT PAYMENT
NCPERS GROUP LIFE INS 39
ORCHARD TRUST COMPANY
PERA
RAMSDELL SCHOLARSHIP FUN
RELIASTAR EMPLOYEE BENEF
CHECK NUMBER AMOUNT
103440 210
103441 320
103442 975
103443 738
103444 388
103445 2,050
103446 1,040
103447 137
103448 25,964
103449 23
103450 1,585
103451 12
103452 81
103453 113
103454 1,430
103455 4,481
103456 20
103457 7,899
103458 25
103459 197
103460 40,310
103461 222
103462 19,241
103463 168
103464 60
103465 137
103466 199
103467 270
103468 150
103469 79
103470 25
103471 44
103472 50
103473 124
103474 323
103475 400
103476 1,108
103477 603
103478 5,054
103479 3,250
103480 11,520
103481 756
103482 386
103483 6,943
103484 27,583
103485 46
103486 2,337
00
00
63
95
40
00
82
82
65
46
05
91
79
03
10
95
0O
62
0O
0O
95
20
79
00
00
28
31
00
31
10
00
55
00
42
91
00
19
40
40
00
86
81
00
70
28
25
20
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
05/23/2003 08 Check History GL540R-V06.50 PAGE 2
05/27/03 COUNCIL LISTING
BANK VENDOR
BANK CHECKING ACCOUNT
UNION 49
UNITED WAY
VANTAGEPOINT TRANSFER -
WELLS FARGO - PAYROLL AC
WI DEPARTMENT OF REVENUE
ALL SAINTS BRAND DISTRIB
AMERICAN BOTTLING COMPAN
ASSOC RECYCLING MANAGERS
AT & T CONSUMER LEASE
BELLBOY BAR SUPPLY
BELLBOY CORPORATION
BLOWERS/CAROLE
CENTER POINT ENERGY MINN
CHISAGO LAKES DISTRIBLrrI
EAST SIDE BEVERAGE CO
FIELD/MATTHEW
FRANKENFIELD/SHARON
FRITZ COMPANY INC
G & K SERVICES
GABLE/ALICE
GENUINE PARTS/NAPA AUTO
GRIG~S-COOPER & CO
HANSE~/KEVIN
KUEHN/JEAN
KUETHER DIST. CO.
MARKHAM/MATTHEW
MN DEPT OF LABOR & INDUS
MOELLER/KAREN
OLSON/DONALD
OMNI ROOFS INC
PAUSTIS & SONS
PEPSI-COLA-7 UP
PETERSON/MILDRED
PHILLIPS WINE & SPIRITS
PITNEY BOWES LOUISVILLE
QWEST COMMUNICATIONS
SOUTHERN POLICE INSTITUT
THOMPSON/JULIE
XCEL ENERGY (N S P)
ABLE HOSE & RUBBER INC
ACE HARDWARE
ADAM'S PEST CONTROL, INC
ALL SAFE FIRE & SECURITY
AMERICAN RUG LAUNDRY
AMERICAN SEMI PARTS,SERV
AMERIPRIDE
ANOKA COUNTY LIBRARY
CHECK NUMBER AMOUNT
103487 600.00
103488 23.50
103489 340.00
103490 148,450.63
103491 308.52
103492 259.75
103493 158.60
103494 40.00
103495 47.82
103496 169.83
103497 3,536.75
103498 447.76
103499 218.04
103500 617.60
103501 21,576.05
103502 19.06
103503 94.00
103504 3,490.42
103505 26.07
103506 34.00
103507 156.65
103508 5,887.72
103509 25.20
103510 51.77
103511 26,444.55
103512 20.75
103513 20.00
103514 59.70
103515 227.52
103516 29,928.00
103517 828.05
103518 57.60
103519 34.00
103520 973.03
103521 299.75
103522 284.42
103523 575.00
103524 227.52
103525 12,595.44
103527 325.89
103528 214.55
103529 66.56
103530 570.80
103531 280.50
103532 123.48
103533 58.28
103534 320.11
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
05/23/2003 08 Check History GL540R-V06.50 PAGE 3
05/27/03 COUNCIL LISTING
BANK VENDOR
CHECK NUMBER AMOUNT
BANK CHECKING ACCOUNT
ARCTIC GLACIER
ASPEN EQUIPMENT
ASPEN MILLS, INC.
AWD COOLERS OF MINNESOTA
BAKER & TAYLOR
BAKER & TAYLOR ENTERTAIN
BARNA GUZY & STEFFEN LTD
BATTERIES PLUS
BAUER BUILT TIRE & BATTE
BFI/WOODLAKE SANITARY SE
BITUMINOUS ROADWAYS, INC
BONESTROO ROSENE ANDERLI
BOOK WHOLESALERS INC
BROCK WHITE CO.
BRODART
CADD/ENGINEERING SUPPLY
CAMDEN PET HOSPITAL
CAPITOL FURNITURE SALES
CENTER POINT ENERGY MINN
CINTAS FIRST AID-SAFETY
CITY WIDE LOCKSMITHING
CLARK PRODUCTS INC
COLUMBIA HEIGHTS RENTAL
CONTINENTAL SAFETY EQUIP
CREST VIEW CORPORATION
CSC CREDIT SERVICES
DAHLGREN SHARDLOW & UBAN
DALCO ROOFING & SHEET ME
DANKA
DANKA OFFICE IMAGING
DAVIES WATER EQUIPMENT C
DEMARS SIGNS
DIAMOND VOGEL PAINTS
EBSCO PUBLISHING
ECONO-CLAD BOOKS
EDLUND/DORINDA
EHLER & ASSOCIATE-PUBLIC
ELECTION SYSTEMS & SOFTW
EMP
FALCON COMMUNICATIONS GR
FLEXIBLE PIPE TOOL CO.
FLOORS NORTHWEST INC
G & K SERVICES
GALE GROUP/THE
GENERAL REPAIR SERVICE
GENERAL SAFETY EQUIPMENT
GENUINE PARTS/NAPA AUTO
103535 500.12
103536 201.24
103537 246.10
103538 61.74
103539 1,395.00
103540 14.98
103541 14,033.50
103542 55.91
103543 639.00
103544 104,735.88
103545 1,625.20
103546 665.00
103547 79.79
103548 213.00
103549 15.90
103550 33.96
103551 308.00
103552 624.09
103553 139.69
103554 80.63
103555 23.00
103556 116.82
103557 10.65
103558 56.04
103559 12,879.92
103560 25.00
103561 3,132.18
103562 366.00
103563 270.00
103564 39.53
103565 1,156.80
103566 614.00
103567 2,131.07
103568 28.00
103569 36.11
103570 38.21
103571 600.00
103572 472.11
103573 169.32
103574 508.66
103575 1,335.51
103576 2,099.40
103577 395.78
103578 44.17
103579 208.15
103580 53.12
103581 96.68
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
05/23/2003 08 Check History GL540R-V06.50 PAGE 4
05/27/03 COUNCIL LISTING
BANK VENDOR
BANK CHECKING ACCOUNT
HAB INC
HAPPEL DBA PLANSIGHT/JER
HOISINGTON KOEGLER GROUP
HOME DEPOT #2802
HOUCHEN BINDERY LTD
INFINITY WIRELESS
INSTRUMENTAL RESEARCH IN
INTUIT
IPC PRINTING
ITL PATCH COMPANY INC
KEEP INC/THE
LEAGUE OF MN CITIES INS
LEXISNEXIS MATTHEW BENDE
MELSA
MENARDS CASHWAY LUMBER-F
METRO WELDING SUPPLY
METROPOLITAN COUNCIL WAS
MIDLAND EQUIPMENT CO
MIDWAY FORD
MIDWEST ASPHALT CO.
MIDWEST FIRE PROTECTION
MIDWEST LOCK & SAFE
MINNEAPOLIS FINANCE DEPT
MINNEAPOLIS OXYGEN CO.
MINNESOTA DEPARTMENT OF
MN FIRE SERVICE CERTIFIC
MN HIGHWAY SAFETY & RESE
MUNICIPAL SOFTWARE COMPA
NRG PROCESSING SOLUTIONS
O'GARA/ANDREW
OFFICE DEPOT
OLSON/LEONARD
ONVOY
PARK SUPPLY INC
PETTY CASH - REBECCA LOA
PIONEER PRESS
PIONEER RIM & WHEEL CO.
RADIO SHACK
RAPID GRAPHICS & MAILING
REED BUSINESS INFORMATIO
RETAIL DATA SYSTEMS OF M
ROSEDALE CHEV
SCHELEN GRAY ELECTRIC
SCHIFFER PUBLISHING
SHORT ELLIOT HENDRICKSON
SONKSEN/DEBBIE
STANLEY STEAMER
CHECK NUMBER AMOUNT
103582 219
103583 5,904
103584 516
103585 642
103586 100
103587 412
103588 140
103589 530
103590 47
103591 214
103592 80
103593 1,647
103594 76
103595 284
103596 557
103597 6
103598 58,664
103599 52
103600 168
103601 335
103602 175
103603 142
103604 94,174
103605 5
103606 7,840
103607 50
103608 502
103609 4,200
103610 210
103611 55
103612 322
103613 100
103614 28
103615 59
103616 42
103617 214
103618 83
103619 31
103620 4,491
103621 698
103622 890
103623 230
103624 63
103625 494
103626 7,639
103627 50
103628 1,172
00
0O
27
41
8O
07
00
00
94
60
O5
0O
80
00
45
92
67
78
O8
01
00
29
47
11
00
00
00
00
87
00
84
00
74
17
28
24
53
94
00
88
32
78
08
65
45
00
70
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
05/23/2003 08 Check History GL540R-V06.50 PAGE 5
05/27/03 COUNCIL LISTING
BANK VENDOR
BANK CHECKING ACCOUNT
STAR TRIBUNE
STATE OF MINN-CPV PROGRA
STREICHER' S GUN' S INC/DO
SYSTEMS SUPPLY INC.
TKDA
UNIFORMS UNLIMITED INC
UNITED RENTALS
VERI ZON WIRELESS
VOSS LIGHTING
XCEL ENERGY (N S P)
ZEP MANUFACTURING COMPAN
CHECK NUMBER AMOUNT
103629 56
103630 500
103631 2,972
103632 116
103633 690
103634 533
103635 151
103636 5
103637 267
103638 4
103639 38
29
0O
20
37
16
43
23
.83
.68
.44
.34
782,687.45 ***
ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS
05/23/2003 08 Check History GL540R-V06.50 PAGE 6
05/27/03 COUNCIL LISTING
BANK VENDOR
REPORT TOTALS:
CHECK NUMBER AMOUNT
782,687.45
RECORDS PRINTED - 000711
ACS FINANCIAL SYSTEM
05/23/2003 08: 04: 58
FUND RECAP:
FUND DESCRIPTION
................................
101 GENERAL
201 COMMUNITY DEVELOPMENT FUND
203 PARKVIEW VILLA NORTH
213 PARKVIEW VILLA SOUTH
225 CABLE TELEVISION
235 RENTAL HOUSING
240 LIBRARY
276 LOCAL LAW ENFORCE BLK GRANT
402 STATE AID CONSTRUCTION
414 CAPITAL IMPROVEMENT PVVS
415 CAPITAL IMPROVEMENT - PIR
420 CAP IMPROVEMENT-DEVELOPMENT
601 WATER UTILITY
602 SEWER UTILITY
603 REFUSE FUND
604 STORM SEWER UTILITY
609 LIQUOR
652 SEWER CONSTRUCTION FUND
701 CENTRAL GARAGE
720 DATA PROCESSING
884 INSURANCE
885 ESCROW
887 FLEX BENEFIT TRUST FUND
TOTAL ALL FUNDS
Check History
DISBURSEMENTS
46,976.05
2,267.00
11,185.11
5,650.78
4,220.06
333.04
5,084.66
2,991.45
213.00
29,928.00
959.14
4,818.36
103,526.87
60,055.08
104,807.59
705.62
170,921.82
7,639.45
2,671.48
638.79
1,647.00
213,904.78
1,542.32
782,687.45
CITY OF COLUMBIA HEIGHTS
GL060S-V06.50 RECAPPAGE
GL540R
BANK RECAP:
BANK NAME
................................
BANK CHECKING ACCOUNT
TOTAL ALL BANKS
DISBURSEMENTS
782,687.45
782,687.45
CITY COUNCIL LETTER
Meeting of: May 27, 2003
AGENDA SECTION:
ORIGINATING DEPT.' CITY MANAGER
NO:
/A BLDG INSPECTION APPROVAL
ITEM: ORDINANCE# 1456 BY: SHELLEY HANS~_~'~,,x BY~/~//~
ADOPTING MN STATE BLDG CODE '!
NO: DATE: MAY 22, 2003 ~
The 2003 MN State Building Code has been adopted and is effective as of March 31, 2003. The
jurisdictions enforcing the code are required to adopt the new code as per MN State Statute 16B.62.
In the past the city has adopted the code every time it is changed or updated, usually every three
years. The proposed ordinance would be self-perpetuating in that it would always reflect the most
current edition of the State Building Code and not require Council action every time the code is
updated.
As per State Law, the Building Code cannot be modified at the local level so the adoption process
becomes simple. As the City is mandated to adopt the code, it is the recommendation of the State and
our legal counsel, to adopt the self-perpetuating ordinance. Staff will inform the City Council when
changes or amendments are made. This is the ordinance that all the surrounding cities are adopting.
There are two optional provisions to consider: Section 1306, dealing with special fire protection
systems (fire sprinklers) and Appendix K to give the city some control over grading and excavating
projects. It is the recommendation of staff to also adopt these provisions at this time.
Attached is Ordinance #1456, Adopting the Minnesota State Building Code. This ordinance provides
for the application, administration and enforcement of the MN State Building Code by regulating the
erection, construction, enlargement, alteration, repair, moving, removal, demolition, converSion,
occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this
municipality; Provides for the issuance of permits and collection of fees thereof; provides penalties
for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This
ordinance shall perpetually include the most current edition of the MN State Building Code with the
exception of the optional appendix chapters. Optional appendix chapters shall not apply unless
specifically adopted.
It should be noted that permit fees adopted by Resolution and are not included as part of this code
adoption.
RECOMMENDED MOTION: Move to waive the reading of Ordinance #1456, there being ample
copies available to the public.
Move to adopt Ordinance #1456, being an Ordinance adopting the MN State Building Code.
COUNCIL ACTION:
ORDINANCE NO. 1456
ADOPTING THE MINNESOTA STATE BUILDING CODE
BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE.
THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND
ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING
THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT,
USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR
STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR
VIOLATION THEREOF; REPEALS ALL ORDINANCES AND PARTS OF ORDINANCES
THAT CONFLICT THEREWITH. THIS ORDINANCE SHALL PERPETUALLY INCLUDE
THE MOST CURRENT EDITION OF THE MINNESOTA STATE BUILDING CODE WITH
THE EXCEPTION OF THE OPTIONAL APPENDIX CHAPTERS. OPTIONAL APPENDIX
CHAPTERS SHALL NOT APPLY UNLESS SPECIFICALLY ADOPTED.
The City of Columbia Heights does ordain:
Section 1 Codes adopted by reference. The Minnesota State Building Code, as adopted by the
Commissioner of Administration pursuant to Minnesota Statutes Chapter 16B.59 to 16 B.75,
including all of the amendments, rules and regulations established, adopted and published from time
to time by the Minnesota Commissioner of Administration, through the Building Codes and
Standards Division is hereby adopted by reference with the exception of the optional chapters, unless
specifically adopted in this Ordinance. The Minnesota State Building Code is hereby incorporated in
this ordinance as if fully set out herein.
Section 2 Application~ Administration~ and Enforcement. The application, administration, and
enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall
be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62, subdivision 1,
when so established by this ordinance.
The code enforcement agency of the City of Columbia Heights is called the Protective Inspections
Department.
This code shall be enforced by the Minnesota Certified Building Official designated by the City of
Columbia Heights to administer the code (Minnesota Statute 16B.65) Subdivision 1.
Section 3 Permits and Fees. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Statutes, 16B.62, subdivision 1.
Permit fees shall be assessed for work governed by this code in accordance with the fee schedule
adopted by The City of Columbia Heights by Resolution. In addition, a surcharge fee shall be
collected on all permits issued for work governed by this code in accordance with Minnesota Statute
16B.70.
Section 4. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statutes
16B.69).
Section 5. Building Code Optional Chapters. The Minnesota State Building Code, established
pursuant to Minnesota Statutes 16B.59 to 16B.75 allows the Municipality to adopt by reference and
enforce certain optional chapters of the most current edition of the Minnesota State Building Code.
The following optional provisions identified in the most current edition of the State Building Code
are hereby adopted and incorporated as part of the building code for this municipality.
1. 1306 with option sub part 2 and E1
2. Appendix K
Section 6. Effective date of Ordinance. This Ordinance shall be in full force and effect June 27,
2003, after its passage.
First reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Julienne Wyckoff, Mayor
Patty Muscovitz, Secretary
Non-Self Perpetuat|ng Ordinance
ORDINANCE NO. 1456
ADOPTING THE MINNESOTA STATE BUILDING CODE
BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE.
THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND
ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY
REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT,
ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION,
OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL
BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR
THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES
PENALTIES FOR VIOLATION THEREOF; REPEALS ALL ORDINANCES AND
PARTS OF ORDINANCES THAT CONFLICT THEREWITH.
The City of Columbia Heights does ordain:
Section 1 Application~ Administration~ and Enforcement. The application, administration,
and enforcement of the code shall be in accordance with Minnesota Rule Chapter 1300. The
code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 16B.62,
subdivision 1, when so established by this ordinance.
The code enforcement agency of the City of Columbia Heights is called the Protective Inspection
Department.
This code shall be enforced by the Minnesota Certified Building Official designated by the City
of Columbia Heights to administer the code (Minnesota Statute 16B.65) subdivision 1.
Section 2 Permits and Fees. The issuance of permits and the collection of fees shall be as
authorized in Minnesota Statutes, 16B.62, subdivision 1.
Permit fees shall be assessed for work governed by this code in accordance with the fee schedule
adopted by The City of Columbia Heights by Resolution. In addition, a surcharge fee shall be
collected on all permits issued for work govemed by this code in accordance with Minnesota
Statute 16B.70.
Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota
Statutes 16B.69) and Minnesota Rules, Chapter 1300.
Section 4. Building Code. The Minnesota State Building Code, established pursuant to
Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for the City of
Columbia Heights. The code is hereby incorporated in this ordinance as if fully set out herein.
A. The Minnesota State Building Code includes the following Chapters of Minnesota Rules:
1. 1300, Administration of the Minnesota State Building Code;
2. 1301, Building Official Certification
3. 1302, State Building Code Construction Approvals
4. 1303, Minnesota Provisions;
5. 1305, Adoption of the 2000 Intemational Building Code;
6. 1306, Special Fire Protection Systems;
7. 1307, Elevators and Related Devices.
8. 1309, Adoption of the 2000 International Residential Code;
9. 1311, Adoption of the 2000 Guidelines for the Rehabilitation of Existing
Buildings;
10. 1315, Adoption of the 2002 National Electrical Code
11. 1325, Solar Energy Systems
12. 1330, Fallout Shelters;
13.1335, Floodproofing Regulations;
14. 1341, Minnesota Accessibility Code;
15. 1346, Adoption of the Minnesota State Mechanical Code;
16. 1350, Manufactured Homes;
17. 1360 Prefabricated Structures;
18.1361, Industrialized/Modular Buildings;
19. 1370, Storm Shelters (Manufactured Home Parks);
20. 4715, Minnesota Plumbing Code
21. 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code
Bo
This municipality may adopt by reference any or all of the following optional chapter of
Minnesota Rules: Chapter 1306, Special Fire Protection Systems; and Chapter 1335,
Floodproofing Regulations, parts 1335.0600 to 1335.1200.
C. This municipality may adopt by reference appendix Chapter K (Grading), of the 2001
Supplements to the International Building Code.
The following optional provisions identified in Section 4, Subp. B and C are hereby adopted
and incorporated as part of the building code for this municipality.
1. 1306 with option sub part 2 and E1
2. Appendix K
Section 5. Effective date of Ordinance. This Ordinance shall be in full force and effect June
27, 2003, after its passage.
First reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
Julienne Wyckoff, Mayor
Patty Muscovitz, Secretary