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HomeMy WebLinkAboutOctober 27, 2003 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us ADMINISTRATION Mayor Julienne Wyckoff Counciimernbers Robert A. Williams Bruce Nawrocta' Tammera Ericson Bruce Kelzenberg City Manager tFalter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, October 27, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Bill Hugo, St. Matthew 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.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - Charter Commission membership update, Clara Schmidt C) Introductions - none 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 October 13, 2003 and Special Assessment Levy Hearing for October 8, 2003 a) MOTION: Move to approve the minutes of the October 13, 2003, regular City Council meeting as presented. b) MOTION: Move to approve the minutes of the October 8, 2003 Special Assessment Levy Heating as presented. 2) Accept Boards and Commissions Meeting Minutes a) MOTION: Move to accept the October 16, 2003 minutes of the Telecommunications Commission. b) MOTION: Move to accept the September 29, 2003 minutes of the Library Board/City Council budget meeting and Library Board of Trustees. c) MOTION: Move to accept the August 20, 2003 minutes of the Housing and Redevelopment Authority. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda October 27, 2003 Page 2 of 4 d) MOTION: Move to accept the September 16, 2003 minutes of the Economic Development Authority. 3) Establish a Public Heating date of Monday, November 10, 2003, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its February, 2003, rate filing. MOTION: Move to establish a Public Hearing date of Monday, November 10, 2003, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its February, 2003, rate filing. 4) Adopt Resolution No. 2003-45, being a Resolution authorizing application to the Minnesota Department of Employment and Economic Development for Contamination Cleanup Grant Program MOTION: Move to waive the reading of Resolution 2003-45, there being ample copies available to the public. MOTION: Move to adopt Resolution 2003-45, being a resolution authorizing application to the Minnesota Department of Employment and Economic Development for Contamination Cleanup Grant Program. 5) Adopt Resolution No. 2003-43, being a Resolution authorizing application to the Metropolitan Council for Tax Base Revitalization Account Funding MOTION: Move to waive the reading of Resolution 2003-43, there being ample copies available to the public. MOTION: Move to adopt Resolution 2003-43, being a resolution authorizing application to the Metropolitan Council Tax Base Revitalization Account Funding. 6) Adopt Resolution No. 2003-47, being a Resolution to certify delinquent utility and miscellaneous charges to Anoka County for collection with the property taxes payable in 2004 MOTION: Move to waive the reading of Resolution No. 2003-47, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2003-47, being a Resolution to certify delinquent utility and miscellaneous charges to Anoka County for collection with the property taxes payable in 2004. 7) Establish a Public Hearing Date of Monday, November 10, 2003 for revocation or suspension of a rental property license at 4927 University Avenue and 4935 University Avenue NE MOTION: Move to Establish a Heating Date of November 10, 2003, at approximately 7:00 p.m. in the City Council Chambers, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights at 4927 University Avenue & 4935 University Avenue N.E. 8) Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for October 27, 2003. 9) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for October 27, 2003 as presented regarding the new licenses for 2003 and the renewals for 2004. City Council Agenda October 27, 2003 Page 3 of 4 ! 0)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 105472 through 105682 in the amount of $1,113,937.34. 6. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Second Reading of Ordinance No. 1463, being a Ordinance adopting the permit fee schedules for Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire suppression, Wrecking and Moving, Signs and other related construction work; providing for the collection of the State Surcharge Fee; and formally establishing a refund policy as required by the MN State Building Code. MOTION: Move to waive the reading of Ordinance No. 1463, there being ample copies available to the public. MOTION: Move to adopt Ordinance No. 1463, being an Ordinance adopting the permit fee schedules for Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire suppression, Wrecking and Moving, Signs and other related construction work; providing for the collection of the State Surcharge Fee; and formally establishing a refund policy as required by the MN State Building Code. 2) Adopt Resolution No. 2003-46, accepting the 2003-2004 Federal Law Enforcement Block Grant in the amount of $12,616 and appropriating $1,402 in matching funds to come from unexpended funds in the 2003 Police Department budget and to set November 10, 2003, as the date for a Public Heating to review and approve the list of equipment to be purchased with this grant. MOTION: Adopt Resolution No. 2003-46, accepting the 2003-2004 Federal Law Enforcement Block Grant in the amount of $12,616 and appropriating $1,402 in matching funds to come from unexpended funds in the 2003 Police Department budget. MOTION: Set November 10, 2003, at approximately 7:00 p.m. in the City Council Chambers, as the date for a Public Hearing to review and approve the list of equipment to be purchased with this grant. B) Bid Considerations - none c) Other Business 1) Appointment to the Library Board (one) for the remainder of the term to expire April 2005; to the Park and Recreation Commission (two) for the remainder of the terms to expire on April 2004 and April 2006; and to the Human Services Commission (one) for the remainder of the term to expire April 2006. MOTION: Move to appoint to the Library Board for the remainder of the term to expire April 2005; and to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2004 and April 2006; and to the Human Services Commission for the remainder of the term to expire April 2006. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager City Council Agenda October 27, 2003 Page 4 of 4 B) Report of the City Attorney CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) 10. COUNCIL COMMUNICATION 11. ADJOURNMENT ,. Walt Fehst, City Manage~ wf/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CITY COUNCIL MEETING OCTOBER 13, 2003 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 13, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Rev. Dan Thompson, Columbia Heights Assembly of God Church, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Wyckoff clarified that the City Council meets on the second and fourth Monday of every month. Wyckoff will read two letters under recognition. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations-none B) Presentations 1) Nancy Shaw, Anoka County Senior Coordinator, presented a list of Make a Difference Day projects to help local seniors. She stated that as an outreach worker with seniors and disabled adults, the Mayor indicated that businesses want contacts to join in "Make a Difference Day "(MDD). This would include doing projects in the community, such as ~ainting a kitchen, lifting boxes, raking yards. She handed out a flyer for MDD on October 25t and stated that volunteers can also help anytime during the year. Shaw indicated that people should let her know if they are aware of a neighbor or someone that needs help, or if you or a group is willing to help. Wyckoff questioned supplies need for the projects. Shaw indicated rakes and window cleaning materials are available, tl/yckoff introduced her to Councilmember Ericson who is active with the Rising to New Heights (RNH) group. Ericson indicated RNH would recognize the groups and individuals that have made our community a better place. Shaw will get a list of participants to Ericson. Shaw gave the background on what the Anoka County Community Action Program (ACCAP) does for the needy in the community, and stated that she goes out and tells them of available resources. Nawrocki indicated that the Outreach program began in the City of Columbia Heights. North Star Corridor - Nawrocki stated this group indicated they would make their presentation at one of the two Council meetings in November. Following discussion, Nawrocki will ask them to appear at the November 10, 2003 meeting. C) Introduction of New Employees - none D) Recognition- Wyckoff read a letter from Captain Paul Johnson, Coon Rapids Police Department, regarding the 2003 Anoka County Terrorism Exercise, commending Corporal Lee Okerstrom and other range officers on the training they presented. }Vyckoff read a letter from Tom Daley, 4352 5tn Street, commending the Columbia Heights Public Works Department for the excellent job they do. City Council Minutes October 13, 2003 Page 2 of 16 CONSENT AGENDA City Manager Walt Fehst took Councilmembcrs through the Consent Agenda items. 1) Approve City Council Meeting Minutes for September 22, 2003 Motion to approve the minutes of the September 22, 2003, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the April 15, 2003 minutes of the Housing and Redevelopment Authority. b) Motion to accept the September 24, 2003 minutes of the Park and Recreation Commission. 3) Adopt Resolution No. 2003-42, being a resolution changing the dates of the City Council meetings for December 2003. - Removed Nawrocki questioned why this date change was requested. Fehst stated this has been past practice. 4) Authorize the Fire Department to accept the 2003 FEMA Grant in the amount of $500,000 ($450,000 FEMA portion and $50,000 City of Columbia Heights match) and to seek bids for purchase of a 100 foot plus Custom Quint Ladder Truck. Motion to authorize staff to accept the 2003 FEMA Grant in the amount of $500,000 ($450,000 FEMA portion and $50,000 City of Columbia Heights match). Motion to authorize Fire Department Staff to seek bids for the purchase of a 100 foot plus Custom Quint Ladder Truck, with these bids opening on October 15, 2003 and Closing at the end of the business day (4:450 p.m.) on November 5, 2003. Nawrocki questioned the requirements placed on the FEMA Grant. Fehst stated the requirements are in the application we filed. Fehst indicated the requirements of sharing the equipment with other communities and not reducing our present amount of equipment. Fire Chief Charlie Thompson, indicated the new mission submitted with the grant includes an elevated water supply, third run on medical calls and on auto extractions, and obligating this piece of equipment to the surround communities of Minneapolis, New Brighton and Fridley. Nawrocki questioned covering Minneapolis when they have cut back on units at the Johnson Street station. Thompson indicated that their current ladder truck wouM be replaced with a water pumping, ladder unit. This Grant has been discussed with all the surrounding community. Nawrocki requested to see a copy of the application. He questioned extra costs and the bid process. Thompson stated bids would be opened November 5th. Wyckoff asked by what date the funds must be spent. Thompson indicated the timetable is one year, allowing eight months to build the truck. Nawrocki questioned the number of vendors to bid. Captain Matt FieM stated the committee has met with seven vendors and believes six companies are qualified to meet the specifications and grant requirements, and will bid on the truck. 5) Adopt Resolution No. 2003-44 being a Resolution accepting bids and awarding the 2003 (Additional) Sanitary Sewer Lining to Visu-Sewer Clean and Seal, Inc., Project #0309 Motion to waive the reading of Resolution No. 2003-44, there being ample copies available to the public. Motion to adopt Resolution No.2003-44, being a Resolution accepting bids and awarding the 2003 Sanitary Sewer Lining Project #0309 (Additional) to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin, based upon their low, qualified, responsible bid in the amount of $91,005.60 with funds to be appropriated from Fund 652-50309-5130; and, furthermore, to City Council Minutes October 13, 2003 Page 3 of 16 authorize the Mayor and City Manager to enter into an agreement for the same. Fehst indicated this additional lining would extend the previously approved area by Rainbow Foods. RESOLUTION NO. 2003-44 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2003 SANITARY SEWER LINING (ADDITIONAL) CITY PROJECT 0309 TO VISU-SEWER CLEAN AND SEAL, INC. OF PEWAUKEE, WISCONSIN WHEREAS, pursuant to an advertisement for bids for City Project g0309 Sanitary Sewer Lining Project (Amended), bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Visu-Sewer Clean and Seal Inc. Insituform Tecnologies Lametti & Sons Michel's Pipeline TOTAL $ 91,005.60 $ 94,958.30 $ 95,514.00 $120,970.00 WHEREAS, it appears that Visu-Sewer Clean and Seal Inc. of W230 N4855 Betker Drive, Pewaukee, Wisconsin 53072 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with Visu-Sewer Clean and Seal, Inc. in the name of the City of Columbia Heights for the 2003 Sanitary Sewer Lining Project (Additional), City Project 0309, 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 except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 6) Authorization to seek bids for the replacement of the perimeter fencing at the City's Water Tower Facility Motion to authorize staff to seek bids for the replacement of the perimeter fencing at the City Water Tower Facility. Fehst stated the fencing was agreed to as a replacement, to accommodate the Anoka County 800 MHz radio system. Nawrocki questioned if the neighbor on the north side would have to look at the fencing project. Fehst stated that staff would work with that specific neighbor regarding landscaping the area. Kevin Hansen, Public Works Director, suggested options for the area. 7) Authorize Acceptance of the MN Twins Community Fund in the amount of $5,000 Motion to accept the MN Twins Community Fund Grant in the amount of $5,000. Fehst thanked Councilmember Kelzenberg for bringing this grant to staff's attention, for improvements to Keyes Park. Our contribution would be soft match labor. 8) Approve Purchase of Photocopier - Removed Fehst commended Bill Elrite, Finance Director, for his work to obtain the best price, and commended Councilmember Nawrocki for his encouragement to work with all vendors to get better bids. 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 13, 2003 as presented. City Council Minutes October 13, 2003 Page 4 of 16 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 105214 through 105471 in the amount of $799,275.51. Motion by Williams, second by Nawrocki, to approve the consent agenda with the exception of items//3 and//8. Upon vote: All ayes. Motion carried. #3 Adopt Resolution No. 2003-42, being a resolution changing the dates of the City Council meetings for December 2003. Nawrocki opposed eliminating one meeting in December, as it is necessary at that time to process end of the year bills, and that renewal of the contract with the City of Hilltop needs to be discussed as it expires at the end of the year. Fehst stated there are no anticipated items that cannot be approved in a timely manner on the recommended meeting date. Fehst stated that past Councils initiated the practice of only one meeting in December in the past, not staff. Wyckoff asked if Councilmembers would be in town over the holidays. The consensus was that they would be available. Nawrocki questioned the dates for the budget information meeting and a work session. Staff indicated the budget information meeting is anticipated to be recommended for December 1, 2003 and a work session for December 8, 2003. This motion would set a City Council meeting for December 15, 2003. Wyckoff asked the Finance Director if the bills could be paid by the 15th. Nawrocki stated there would be December bills paid in January. Elrite stated this would not create a problem with the payment of bills. Motion by Ericson, second by Kelzenberg, to waive the reading of Resolution No. 2003-42, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Kelzenberg, to adopt Resolution No. 2003-42, being a Resolution changing the dates of the City of Columbia Heights regular City Council meetings in December 2003. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2003-42 BEING A RESOLUTION CHANGING THE DATES OF CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETINGS IN DECEMBER 2003 WHEREAS: The City Council has decided to change the dates of regular Council meetings scheduled for December 8, 2003 and December 22, 2003, and; WHEREAS: The date of the first regular Council meeting in December would heretofore have been scheduled for December 8, 2003 and the second regular Council meeting in December would heretofore have been scheduled for Monday, December 22, 2003, have now been combined and rescheduled for Monday, December 15, 2003 in the City Council Chambers. 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 #8 Approve Purchase of Photocopier Wyckoff asked if this request is for one copier or three copiers. Fehst stated three copiers would be purchased. Ericson stated that the Public Works and Library copier purchases do not require City Council approval. Elrite indicated that the City Hall copier wouM be over $15,000 and funds wouM be transferred in the budget, as we had not originally planned to purchase a copier this year. The maintenance agreement ends this year on the current City Hall copier and the new maintenance fees make it more economical to purchase a new machine. Nawrocki stated that the combined cost of all three machines is well over $15,000, and what we will payfor the other two copiers. Elrite referred to the Council letter table that indicates the final quotes. All three machines wouM be Mita copiers, purchased from Coordinated Business Systems. The copiers will all operate similarly and are the easiest to operate of all machines demonstrated. Ericson stated the difference of $21, 25, and $105 between the Mita copiers City Council Minutes October 13, 2003 Page 5 of 16 and the low bid. Nawrocki stated he asked for the specifications we sent out, but received the manufacture's specifications for the various machines. Elrite referred to the total cost and maintenance for five years and stated that the recommendation is based on more than cost, such as maintenance, ergonomics, and ease of use. We followed the State contract concept, but their prices are higher than this and are only broken down by the number of copies produced per minute. Detailed specifications would have eliminated many companies, because they all have small differences, and we wanted to receive as many quotes as possible. Nawrocki indicated his pleasure in the additional price savings, and asked how these prices compare to the last quotes. Elrite referred to the Council letter table on Savings to Purchase City Hall Copier, which lists the original quotes, revised quotes, and final revised quotes. The total started at $53,000, which we negotiation down to $48,367 in September, and now negotiated to $41,464. The original negotiation was for a fixed three year maintenance contract, but now negotiated to a fixed five year contract price. Nawrocki pointed out the increase for the Library copier. Elrite stated that a few essential features, such as networking and scanning, were added. This will allow scanning documents into our document imaging system. Elrite stated that the Library staff, his secretary, and the Public Works secretary did the major research on this, and he compiled the information. Nawrocki questioned where the money would come from. Elrite stated General Government repair and maintenance services as a line transfer. Elrite pointed out the line item to Councilmember Nawrocki in the budget report. Nawrocki questioned why the funds were not transferred. Elrite stated we were waiting for approval before moving funds. Motion by Williams, second by Kelzenberg, to authorize Mayor and City Manager to enter into an agreement with Coordinated Business Systems to purchase a Kyocera Mita copier for $15,970 and further authorize to enter into a five-year maintenance contract at a cost of $2,700 per year. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. Fehst commended Nawrocki for raising some good points on this, whereby we researched and received lower prices. Future purchases of other equipment will also be looked at more closely. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1463, being a Ordinance adopting building Permit/Plan Review Fee Schedule and Refund Policy Jim Hoefi, City Attorney, stated that in review of the building fee schedule in place, it was determined that as a housekeeping measure the newly adopted building code did not adopt alee schedule. We continue to use the schedule that was in place, but an ordinance is now required by State Statute to adopt fees. This would ratify the existing six year fee schedule, with no changes to fee amounts. Wyckoff questioned the need for a $35 permit to replace an existing bathroom fixture. Tim Johnson, City Planner, suggested that the Building Official address specific fees. Nawrocki questioned replacing a dryer and the hook-up as two separate fees. Hoeft stated this Ordinance was not to debate fees, but a housekeeping method. If Council would like to review the fees, they may do so. Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1463, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes October 13, 2003 Page 6 of 16 Motion by Ericson, second by Williams, to schedule the second reading of Ordinance No. 1463, being an Ordinance adopting a Permit/Plan Review Fee Schedule and Refund Policy for Monday, October 27, 2003 at approximately 7:00 p.m. in the Council Chambers. Upon vote: All ayes. Motion carried. 2) Second reading of Ordinance No. 1460, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428. Tim Johnson, City Planner, stated this Ordinance would change the Zoning Ordinance to include Building Design Guidelines. At the first reading of the ordinance there were questions relative to "waivers ". The Design Guidelines Committee recommended being as flexible as possible with the guidelines. There is language stating, "The City may permit alternative approaches that, in it's determination, meet the objective(s) of the design guideline(s) equally well. The City may waive any guideline when specific physical conditions of the site or building would make compliance difficult or inappropriate". He referred to the special requirements of the Nedegaard and Bobby and Steve's building sites, because of the topography. The cities of Wayzata and Excelsior consider their Design Guideline waivers as a variance, but it has become complicated and they have amended their guidelines. Ericson indicated that approval tonight would put this ordinance into effect in 30 days; then Council could amend the ordinance by resolution. Hoeft stated this ordinance was set up so the guidelines could be changed by resolution. Ericson indicated the desire to review this at a City Council work session, because the guidelines are said to be mandatory, yet staff can waive them, if necessary. Ericson stated that she does want to see this ordinance in effect. Wyckoff indicated that the City of Hilltop is also considering these design guidelines. Nawrocki indicated that waivers should only be approved by City Council, rather than by staff or a non-appointed body. He questioned that anyone in the Central Business District (CBD) does not have to provide off street parking. Johnson indicated that is correct, as there are off street parking facilities in place. Ericson stated comfort with this, to not create parking in front of businesses. Nawrocki stated this would cause parking problems within residential neighborhoods and should not be Carte Blanc, as developers need to consider parking issues. Fehst stated that staff and the Planning and Zoning Commission would always address parking. Ericson stated these are standards and anything that does not meet them would require a variance. Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1460, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Ericson, second by Williams, to adopt Ordinance No. 1460, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428. Nawrocki stated he would vote against the ordinance, as there are points that need additional discussion and should be tabled. Motion by Nawrocki to table Ordinance N. 1460 for additional information. As no second was received the motion was not considered. Ericson stated the desire to have this ordinance in place, and the need to have further discussion on the details. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. City Council Minutes October 13, 2003 Page 7 of 16 3) *Copy of Ordinance #1460 attached to the end of this document. Second reading of Ordinance No. 1462, being an ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428, Kmart Redevelopment Site Rezoning Hoefi stated this was originally passed by City Council as a Resolution, but as there were concerns with language in the Zoning Ordinance, the rezoning is now being processed as an Ordinance. Motion by Kelzenberg, second by Williams, to waive the reading of Ordinance No. 1462, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Ordinance No. 1462, being an Ordinance amending Ordinance No. 853, pertaining to Zoning and Development Ordinance No. 1428, pertaining to the rezoning of certain properties at 4707, 4747, 4757, 4801, 4811, and 4849 Central Avenue NE. Nawrocki questioned Cheery Heights resident concerns from the last meeting regarding building height of the proposed development. His concern was that this would not come back before Council for a decision. Wyckoff stated that site plans have not yet been submitted. Fehst stated that the Planning and Zoning Commission will hold a special meeting on October 28th and that the Developer would attend. Wyckoff stated the Developer has already reduced the proposed number of units. Fehst indicated the reduction was from 244 units to 218 units. Hoer stated he would meet on Wednesday with the Community Development Director, Public Works Director and attorneys from Kennedy and Graven to discuss items such as financing and development. Fehst invited anyone with concerns to attend the October 28, 2003 meeting. Wyckoff stated that suggestions to lower the development area by eight feet would be very costly, and that any variance would come before Council. Hoeft stated that with a project of this size there will be agreements on development, financing, and items such as streetscaping and landscaping that would require Council action. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, aye; Wyckoff, aye. Upon vote: All ayes. Motion carried. Nawrocki indicated he has never seen the Council refuse to accept a petition from the citizens of the community. The Cheery Heights group submitted a petition, which he made a motion to accept, and no one accepted it. Motion by Nawrocki to accept the petition presented by the citizens of the Cheery Heights plat regarding the Kmart development. Ericson stated confusion, as the City Attorney indicated at the last meeting that the Mayor could, and did, accept the petition. Hoeft indicated yes, just as the Mayor accepts petitions regarding assessments. Wyckoff stated that she has officially accepted the petition. Nawrocki stated that her acceptance of the petition is not acceptance by the Council. It is a courtesy to the citizens of the community, as a body, to recognize what they are saying. Deb Johnson, 999 41st Avenue, indicated there was a question on the letter attached to the petition as being drafted after the residents signed the petition. Fehst agreed that the petition was received City Council Minutes October 13, 2003 Page 8 of 16 originally without the letter. Wyckoff stated the petition addresses the height of the development. Ericson stated that same petition was submitted to the Planning and Zoning Commission and is also part of their record. Wyckoff called for a second to the motion. As no second was received, the motion was not considered. *Copy of Ordinance #1462 attached to the end of this document. 4) Second reading of Ordinance No. 1461, bel Nuisances Process Hoefi stated that he met with Police Captai and Assistant Fire Chief Gorman to discus,, would be processed. Hoefl stated he wouM There would be an initial letter with a follo have tried to contact the property owner pr violations. In non-emergency situations, the a third notification to the property ownerfi adopted a finding of hazard or need for abt before abatement and assessment thereof. Nawrocki questioned where the language Hoefi stated it would be a policy. Staff wou them and correct the problem before comit~ must be fulfilled. Nawrocki restated his qm owner of a property for violations on the p~ ng an Ordinance Establishing Abatement of Public ~ Roddy, Public Works Superintendent McClanahan, 'how this abatement process would proceed and how it ~ubmit a recommended process for Council discussion. · up letter in seven to ten days, if necessary. Staffwill ior to letters being sent, similar to housing maintenance ~ process would include Council setting a hearing date, ,r response, followed by a Council hearing. If Council ~tement, it would go to District Court for affirmation 'his would be a lengthy process. written to authorize or make mandatory this process. d give the property owner the opportunity to contact g to Council. There are dueprocess requirements that stion from the last meeting regarding charging the 'operty that he is not aware of. Hoefi stated the owner would be notified and if not corrected, he no notice would be given. Captain Bill Roddy referred to different lex fact. In a non-emergency, all actions wouk if there has been any action to clean up the appeared in court last week on citations. date has been obtained for a pre-trial. Hoe that there would be significant steps to eli~ Nawrocki referred to the weeds and dug u[ problem all summer. Fehst agreed it was a Building Official and Public Works Depart Harold Hoium, 4315 5th Street, suggested Ordinances and cleaning up the crime in ti spills be clean up. Fehst asked him to noti~. alleys. Kelzenberg indicated that abatement letter mail Sending them by registered mail is nt Motion Ericson, second by Williams, to w ample copies available to the public. Upm u,ould be assigned the cost. In emergency abatements, els of emergency, which would be sorted out after the be taken prior to any abatement action. Wyckoff asked Tyler Street location. Hoeft stated that individual iere has been no resolution at this point, and a new Ct stated the property owner gave him representations ~inate the problem. . yard at 46th and Washington Street that has been a !rocious for this project to go this long, and the ment will address this. 'leaning up the City by discarding our 1,460 ~e City. Hoium asked that streets and alleys with oil the City if he sees anyone dumping oil in the streets or should be sent by certified mail and not by registered ,t necessary and is expensive. five the reading of Ordinance No. 1461, there being vote: All Ayes. Motion Carried. City Council Minutes October 13, 2003 Page 9 of 16 Motion Ericson, second by Williams, to adopt Ordinance No. 1461, being an Ordinance Establishing Abatement of Public Nuisances Process. Upon vote: All ayes. Motion carried. Miscellaneous Wyckoff asked Captain Roddy how the Hell's Angels party at the Star Bar went on Saturday night. Roddy stated that the Columbia Heights Police Department took all necessary precautions, and there were no issues as a result of this event. Williams commended him and his staff for being pro- active, as this could have been a volatile situation. Roddy stated that we had an enormous response from the surround communities offering assistance, if the need arose. *Copy of Ordinance #1461 attached to the end of this document. Bid Considerations - none Other Business - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst congratulated and recognized Councilmember Ericson for passing the state bar exam, and is now an Attorney at Law. She will be sworn in October 27, 2003. Wyckoff questioned the approval of the lot line for the twin home at 3906 Reservoir Boulevard, as the lady next to this property is very upset. Fehst stated it required a variance that came before Council. Wyckoff indicated that on the south side, the two properties share a driveway. Fehst stated that the home to the north is affected the most. Nawrocki requested a copy of Council's action on this property. Report of the City Attorney - none CITIZENS FORUM Harold Hoium, 4315 5th Street, indicated a curb that needs to be filled on 6th Street at 43rd. Hansen stated that would be completed by the Miscellaneous Concrete contractor, by approximately next Thursday. Hoium referred to a hole in the street on 45th Avenue. Hansen indicated he is addressing this problem. Hoium requested that dogs over 14 inches or 40pounds not be allowed within the City, because people do not control these dogs. Hoium discussed safety in the City. COUNCIL COMMUNICATION Nawrocki · Status on 3710 Polk Street, where a water line brake washed out the dirt under the garage. · Requested to pursue meeting with the League of MN Cities Insurance Trust regarding responsibility for sewer backups. Hansen indicated that in 2002 there were 30 sewer blockages, but cannot indicate the number that backed up into homes. It was City policy in the past to help with clean up. · At the last meeting it was indicated that it is not a policy that City employees are not to talk to Councilmembers. If it is not a policy, a record should be made that they are not prohibited to do so. Fehst stated that if an employee has a problem with their supervisor, there is a chain of command to follow for resolution. Indicated that the Mayor did not follow up on letters from employees regarding budget suggestions. Councilmembers should look at the employee recommendations as part of the budget process. Hoefi indicated that the situation of an individual contacting Councilmembers was not about him/her contacting them, but on the content of the contact. City Council Minutes October 13, 2003 Page I 0 of 16 · Article from Shoreview Press - dealing with extra deer in their city and what they are doing about it. Wyckoff stated a task force of residents from the area has been organized and she will ask the Public Works Director to share this article with them. Ericson · The Values First Core Values for October are Non-violence, Peace and Conflict Resolution. Wyckoff · Library patrons for the month are the Sister City Committee, who have an active relationship with Lomianki, Poland, our Sister City. Fehst indicated that the Library has a collection of Columbia Heights yearbooks. · What is happening at Jackson Pond? Hansen stated that Council has now accepted the additional sanitary sewer lining in this area and an audible/visual alarm will be placed to notify us in the event of a rise in the sewer. What will be done when the alarm rings? Hansen stated that lines could be checked for blockage and we can try to notify residents. · Referred to an article in the Pioneer Press, written by Pat Profi, on Columbia Heights moving forward through development. This is the positive attention that we need. He has offered to help us retain old buildings. · Wednesday, November 5, 2003 will be "Rediscover the 801 Bus - Ride with the Mayor" day. This is to promote the 801 and preserve its existence. This is the only east/west route across town, and goes from Brookdale to Rosedale. On this day passengers will ride the bus for free, stop at Rosedale to shop for several hours, and have a chance to win prizes from Metro Transit. A group publicity photo will be taken at the Columbia Heights Transit Hub at 10:29 a.m. Williams · GMHC has a goal to build 13 new owner occupied, single family homes by 2005. · Notify Mr. Kalata of the special October 28th Planning and Zoning Commission meeting. · Listed promotions given to City employees. · Relayed some details from the Crestview Gala held last Friday. · Referred to the Employee Insights newsletter. · Continue to pray for the peace and prosperity of our City. · Barb Kelzenberg and her husband just celebrated their 35th wedding anniversary. · Fehst indicated that funds topayfor the donatedpolice car were delivered by Mr. Williams tonight. Kelzenberg · The Alexander House will host a Pancake Breakfast on November 8th at Christ Lutheran Church. There will be a silent auction with proceeds going to the Alexander House, which has free services for battered women. · The Columbia Heights Homecoming Football Game on Friday had a sell out crowd. It is positive to people enjoy themselves in the community. A resident referred to the wonderful fireworks display. Nawrocki indicated that the VFW and the Rising to New Heights Committee were two of the groups that donated to the fireworks display. · The 500 Club will begin sometime in December. Nawrocki questioned if GMHC will be buying two lots on Second Street. Wyckoff stated they are buying one lot that will have a twin home with two addresses. Hoium asked if Anoka County Corrections is building houses in the City? Wyckoff indicated "Yes". City Council Minutes October 13, 2003 Page 11 of 16 ADJOURNMENT Mayor Wyckoff adjourned the meeting at 9:28 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ORDINANCE NO. 1460 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE #1428 The City of Columbia Heights does ordain: Section 1: Section 9.614 Building Design Standards. Section 9.614 shall be amended to read as follows: 5) Design Guidelines. The City Council may adopt by resolution design guidelines that shall apply to designated areas or districts of the City with greater specificity than the standards in this section. Where there is a conflict between the design guidelines and the standards in this section, the guidelines shall apply. 9.614 Building Design Standards. 3) Building Materials and Design. Currently reads: 3) (b) At least 30% of the first floor faqade that faces a public street, sidewalk or parking lot shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level for non-residential uses. Shah be, amended to read as follows: 3) (b) At least 29% 20% of the first floor fafade that faces a public street, sidewalk or parking lot shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level for non- residential uses. 9.611 Lighting: Currently reads: Lighting Fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off type that conceals the light source from view and prevents light from shining on adjacent property. At no time should a fixture be aimed and/or tilted above a horizontal plane in commercial or industrial districts. Shah be amended to read as follows: Lighting Fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off type that conceals the light source from view and prevents light from shining on adjacent property. At no time should a fixture be aimed and/or tilted above a horizontal plane in commercial or industrial districts, with the exception of architectural up-lighting or landscape lighting. Section 9.612 Currently reads: 8) Off-street Parking District. Should the City establish a pubhc off-street parking district, those uses located within the district shall be exempt from providing off-street parking spaces as required herein. Shah be amended to read as follows: 8) Off-street Parking District. Should the City establish a public off-street parking district, those uses located within the district shall be exempt from providing off-street parking spaces as required herein. The CBD, Central Business District, is established as a public off-street parking district, so that nonresidential uses are exempt from providing off-street parking spaces as required herein. Residential uses, including those in mixed-use buildings, shall provide off-street parking as required herein. Section 9.1006 CBD, Central Business District Shall be amended to read as follows: City Council Minutes October 13, 2003 Page 12 of 16 5) Off-Street Parking. The CBD, Central Business District, shall be considered an Of-Street Parking District in which off-street parking is not required for nonresidential land uses. Residential uses, including those in mixed-use buildings, shall meet the parking requirements of Section 9.612. Section 9.1003 Lot Dimensions, Height and Bulk Requirements Currently reads: LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 feet 40 feet 20 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Family Dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Con~a'egate Livinl~ Units 400 sq. ft. 400 sq. fL Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Front Yard 12 feet 15 feet I foot Side Yard 15 feet None None Comer Side Yard 10 feet 15 feet 1 foot Rear Yard 20 feet 20 feet 10 feet Parking Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 5 feet 5 feet None Comer Side Yard 12 feet 15 feet 1 foot Rear Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage Floor Area Ratio 1.0 6.0 Section 9.1003 Lot Dimension, Height and Bulk Requirements. Shall be amended to read as follows: LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 feet 40 feet 20 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Family Dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. fi. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate Living Units 400 sq. fi. 400 sq. ft. Hotel or motel 400 sq. fi. Hospital 600 sq. ft. Building Setback Requirements Nonresidential/Mixed-Use Front Yard None Residential Front Yard 5 feet Front Yard 12 feet 15 feet :I None Side Yard 15 feet None None Comer Side Yard 10 feet 15 feet 1 foot Rear Yard 20 feet 20 feet 10 feet Parking Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 5 feet 5 feet None Comer Side Yard 12 feet 15 feet 1 foot Rear Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage City Council Minutes October 13, 2003 Page 13 of 16 I Floor Area Ratio I l.O I 6.0 I 9.613 5) Landscaping and Screening. Screening Requirements. Screening shall be provided in accordance with the following requirements: Currently reads: a) All off-street parking areas containing six (6) or more parking spaces and located adjacent to or across a public right-of-way (street or alley) from a residential or residentially zoned property, the parking area shall be screened along the boundary with the residential use. Where any commercial or industrial use is located adjacent to or across a public right-of-way (street or alley) from a residential or a residentially zoned property, the commercial or industrial use shall be screened along the boundary with the residential use. Shall be amended to read as follows: a) All off-street parking areas containing six (6) or more parking spaces and located adjacent to er acre, g: a public ,4~,, ~c ......~ ........ ,~.,~ c~ a residential or residentially zoned property, the parking area shall be screened along the boundary with the residential use. Where any commercial or industrial use is located adjacent to o~ ~.wo ...... a pub!'.'c --t,--~'4~*'~ w~' ...... ,,~j ~.~ ..... ~r ~_~"°"~ or across a public alley from a residential or a residentially zoned property, the commercial or industrial use shall be screened along the boundary with the residential use. 6) Section 9.613 6) Shall be amended to read as follows: Screening of Parking Areas from Adjacent Properties. All parking and loading areas (including drive-through facilities, pump island service areas and stacking spaces) abutting a public street or sidewalk shall provide: a) A landscaped frontage strip at least 5 feet wide along the public street or sidewalk. If a parking area contains over 100 spaces, the minimum required landscaped frontage strip shall be increased to 8 feet in width. b) Screening consisting of either a masonry wall, fence, berm or hedge or combination that forms a screen a minimum of 3 feet in height, a maximum of 4 ½ feet in height, and not less than 50 percent opaque on a year-round basis. For reasons of personal safety and security, parking lot screening should allow clear visibility of pedestrians above the 3-foot high viewing range. c) Trees shall be planted at regular intervals of no greater than 50 feet within the frontage strip. Section 9.1203 Mixed Use Development District Types Currently reads: Mixed Use Development District Types. The City's Comprehensive Plan identifies three distinct mixed-use development opportunities with the City. 1) Transit Oriented Mixed-Use. The purpose of the Transit-Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be 60 percent service-oriented commercial/retail and 40 percent high density residential development (12 units/acre minimum). Section 9.1203 Mixed Use Development District Types Shall be amended to read as follows: Mixed Use Development District Types. The City's Comprehensive Plan identifies three distinct mixed-use development oppommities with the City. 1) Transit Oriented Mixed-Use. The purpose of the Transit-Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be 60 percent sep,,iee~..~...~'~ .... ~ co~znerc/aVreta!! ~'~ ~.~t~ ....... w~... -~,--u:~u ~-~-,~:"' res!~enSa! deve!epmerX flexible to help facilitate a successful development (12 units/acre minimum). Sechon 9.1205 Performance Standards. The following performance standards shall be applied to all mixed-use developments. Currently reads: 1) The minimum size of a mixed-use development shall be five (5) acres. Shall be amended to read as follows: 1) The minimum size of a mixed-use development shall be fivex~tqx ~.~ ..... flexible to help facilitate a City Council Minutes October 13, 2003 Page 14 of 16 successful development. Section 9.1301 General Provisions Cmxently reads: 4) Establishment of Overlay District. The following overlay districts are established: a) Floodplain Management Overlay District b) Shoreland Management Overlay District Section Shall be 4) 9.1301 General Provisions amended to read as follows: Establishment of Overlay District. The following overlay districts are established: a) Floodplain Management Overlay District b) Shoreland Management Overlay District c) Design Overlay District Section 9.1304 Shah be amended to read as follows: 1) Purpose: The Design Overlay Districts are established to increase the visual appeal and pedestrian orientation of certain major street corridors within the City, thereby increasing the economic vitality of these corridors, and to support the goals of the Comprehensive Plan. 2) Establishment. The following design overlay districts are established: a) Central Avenue Design District b) 40th Avenue Design District c) Highway Design District 3) a) b) Design Guidelines. The Columbia Heights Design Guidelines shall apply to development within the Design Districts. The Columbia Heights Design Guidelines are hereby incorporated into this ordinance by reference in order to: Guide developers or business owners wishing to propose expansions, renovations or new construction of buildings or parking within the Design Districts; Assist City officials and staff in reviewing development proposals. 4) Applicability of Design Guidelines. Design guidelines shall apply to all nonresidential, mixed-use and/or multi-family buildings, and to the following activities: · New construction; · Any exterior changes, including repainting, with the exception of replacement or repair of existing materials; · Any internal remodeling or expansion activity that increases the overall size of the building by 10 percent or more; · Any development or expansion of parking areas that would result in a lot with more than four parking spaces. · Minor alterations such as repainting may be handled administratively, as determined by the City Planner. The guidelines are intended to be mandatory. It is assumed that the intent of the guidelines shall be met; however, it is understood that there may be ways to achieve the same design objective. The City may permit alternative approaches that in its determination, meet the objective(s) of the guidelines(s) equally well. The guidelines shall apply only to the building or site elements being developed or altered. That is, a proposal for changes to a building would be required to meet only those standards that pertain to buildings, while changes to a parking area would be required to meet all standards for parking areas, but not for buildings. The City Planner will make the initial determination as to which standards are applicable. Design Review shall be conducted as part of the site plan review process, as specified in Section 9.413. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. ORDINANCE 1461 BEING AN ORDINANCE ESTABLISHING ABATEMENT OF PUBLIC NUISANCES PROCESS City Council Minutes October 13, 2003 Page 15 ofl6 The City of Columbia Heights does hereby establish Chapter 8, Article VI, Section 1 of the City Code to read as follows: § 8.601 DUTIES OF CITY OFFICERS. (1) The City Engineer, Public Works Superintendent, Police Department, Fire Depamnent, Building Official, City Planner, or other designated official shall enforce the provisions of this chapter relating to nuisances affecting public safety. The Police Department shall enforce provisions relating to other nuisances and shall assist the other designated officers in the enforcement of provisions relating to nuisances affecting public safety. Such officers shall have the power to inspect private premises and take all reasonable precautions to prevent the commission and maintenance of public nuisances. § 8.602 ABATEMENT. (1) Notice. Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section. (a) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or ~he owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises. (b) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of City Council heating shall be served by posting it on the premises. (c) Notice of City Council order. Except for those cases determined by the city to require summary enforcement, written notice of any City Council order shall be made as provided in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (d) Notice of motion for summary enforcement. Written notice of any motion for summary enforcement shall be made as provided for in M.S. § 463.17 (Hazardous and Substandard Building Act), as it may be amended from time to time. (2) Procedure. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner of record or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the enforcing officer shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an oppommity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement. (3) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in divisions (1) and (2) of this section will permit a continuing nuisance to unreasonably endanger public health safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the nuisance will unreasonably endanger public health, safety or welfare. The enforcement officer shall notify in writing the occupant or owner of the premises of the nature of the nuisance and of the city's intention to seek summary enforcement and the time and place of the City Council meeting to consider the question of summary enforcement. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (1) of this section, and may order that such nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance. (4) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition which poses an imminent and serious hazard to human life or safety. § 8.603 RECOVERY OF COST. (1) Personal liability. The owner of premises on which a nuisance has been abated by the city shall be personally liable for the cost to the city of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk-Treasurer or other official designated by the City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the City Clerk-Treasurer. City Council Minutes October 13, 2003 Page ! 6 of 16 (2) Assessment. If the nuisance is a public health or safety hazard on private property, the accumulation of snow and ice on public sidewalks, the growth of weeds on private property or outside the traveled portion of streets, or unsound or insect-infected trees, the City Clerk-Treasurer shall, on or before September 1 next following abatement of the nuisance, list the total unpaid charges along with all other such charges as well as other charges for current services to be assessed under M.S. § 429.101, as it may be amended from time to time, against each separate lot or parcel to which the charges are attributable. The City Council may then spread the charges against such property under that statute and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the City Council may determine in each case. § 8.604 GENERAL PENALTY. (1) Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fmc not exceeding $1,000, imprisonment for a term not exceeding 90 days, or both. In either case, the costs of prosecution may be added. A separate offense shall be deemed committed upon each day during which a violation occurs or continues. (2) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject the officer or employee to the penalty imposed for a violation unless a penalty is specifically provided for such failure. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. ORDINANCE NO. 1462 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO 1428, PERTAINING TO THE REZONING OF CERTAIN PROPERTIES LOCATED AT 4707, 4747, 4757, 4801, 4811, 4849 CENTRAL AVENUE Section 1: WHEREAS, the City of Columbia Heights established the 'Kmart Redevelopment Advisory Group' to undertake a planning process to determine appropriate redevelopment of the Kmart Redevelopment Project area; and WHEREAS, the City of Columbia Heights recognizes that the current Kmart site has many detriments that prevent it from being reused strictly as a commercial site, recognizing a housing cornponent is necessary in order for a successful redevelopment project to occur; and WHEREAS, rezoning from GB, General Business District to MXD, Mixed-Use District provides flexibility in the project redevelopment, and allows for both commercial and residential components as part of the redevelopment project area; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, and is in the public interest and not solely fo~ the benefit of a single property owner; and WHEREAS, the existing use of the property and the zoning classification of the property within the general area of the Kmart site are compatible with the proposed Mixed-Use Zoning classification, and WHEREAS, there has been a change in the character and trend of development in the general area of the Kmart property, which has taken place since the original commercial zoning designation, which necessitates the need to consider rezoning for a more appropriate use; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from GB, General Business to MXD, Mixed-Use District. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL CITY COUNCIL SPEC~ ASSESSMENT LEVY OCTOBER g~ 2003 Call to Order/Roll Call/Pledee of Alleeiance Mayor Wyckoff called the meeting to order at 7:02 p.m. The Pledge of Allegiance was recited. Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg Resolution No. 2003-41~ being a Resolution Adopting the Assessment Rolls for the Zone 6B improvements. a. Presentation by City Staff providing background information on the above mentioned improvement projects. Kevin Hansen, Public Works Director, asked those present to sign in. He stated that this meeting is for the City Council to consider levying the assessments on the Zone 6B street rehabilitation project. Additional sheets are available for residents to record comments on the project. Hansen listed attachments to the City Council letter. The street and utility work are 100 percent complete. Boulevard tree planting is under a separate contract and will be completed near the end of October. The project total was near one million dollars. Hansen stated that the assessments are on a per unit basis, with the City paying 50 percent of the cost for residential properties. The final cost came in 14 percent lower than the original bid. Assessments are strictly based on construction costs. Potentially, 104 properties could have needed their water service replaced, but only 46 replacements were required. Eleven water stops were not functioning and were replaced. $844 was the final water service replacement cost. Residents were given an estimated assessment interest rate of seven percent, but Council can set the interest rate they choose. The term of the assessment will be 15 years. Council approval will require a four-fifths vote. The assessed amount may be paid any time within the next 30 days without interest, and if not paid by that time will be turned over to Anoka County to be place on the property taxes. Williams asked what the interest rate on the bond was. Hansen stated it was about four percent, but the suggestion is to assess at 1.5 percent above this. Nawrocki stated we should not try to make money on this, but realizes there are additional costs. Nawrocki indicated that the record of this meeting should include resident concerns. Williams stated that last spring residents wanted to hold off on the project because of the economy, but he was right in his thought that we would we got a good interest rate. Williams suggested setting the interest rate at 4.9 or 5.1 percent. Wyckoffindicated the desire to be fair to the residents last year that paid more for the project and received an interest rate of 5.5 percent. Hansen stated the bond purchased last fall includes projects from last year, this year and next year. Wyckoff asked why 1.5 percent above bond cost is recommended. Hansen stated there are administrative costs and other associated costs. Questions/Comments from City Council and the public Sue Campbell, 4021 Madison, asked for a neighbor about paint on the sidewalk and if it would be removed. Hansen stated that the paint would wash away as it is not permanent and usually fades by spring. The spots were marked to indicate a bad sidewalk or bad curb stop. Fehst suggested someone from the Street Department try a cleaning solution on this type of paint. Campbell stated that two trees were removed from her boulevard and was told two trees would be replaced, but now received a letter that she would only receive one tree for replacement. Kathy Young, Assistant Engineer, stated that the second tree was actually on the adjacent property and they do not want a replacement tree. Scott Niemeyer, 4110 Monroe, stated he called the City offices to question tree replacement but did not receive a call back. Hansen apologized and explained the procedure. Niemeyer questioned the species of tree to be planted. Young stated she would contact him tomorrow with that information. Niemeyer asked if a partial payment were made, would go toward the principal. Hansen stated it would be deducted fi-om the principal, and partial payments can only be made during the first 30 days. Niemeyer asked if they could pay more toward their assessment with their property tax payment. Hansen stated the County could not accept extra payments, but the balance could be pay off. Wyckoff asked the status of the Buckthom trees in our parks. Hansen stated he could not comment. Niemeyer asked if we received any grant funds to remove Buckthom trees. Nawrocki stated there is funding for diseased Dutch Elm trees. Nawrocki asked if residents could pay an addition year's payment toward their assessment, if they so choose. Hansen stated the County could not accept that. Nawrocki stated that we should talk to the County about this possibility. Hansen stated that November 15 is the final date of payment prior to any interest being added for the next year. Williams stated that type payment system is common . practice in the counties that he deals with. Marlys Schuelein stated she was pleased with the work and took pictures during the project. Diana Nagle stated it looks very nice and the contractor did a good job. Hansen stated this was an improvement over working with last year's contractor. Niemeyer questioned the width difference in sidewalks. Hansen stated sidewalks are matched to be uniform. Hansen referred to vertical grades and drainage. Motion by Williams, second by Kelzenberg, to charge five (5) percent interest on the assessment rolls for the Zone 6B improvements. Upon vote: All ayes. Motion carried. Nawrocki asked if the bond is on a floating rate. Hansen stated it is a nominal or average rate and varied fi-om 3.4 to 3.7 percent. Motion by Nawrocki, second by Williams, to waive the reading of Resolution No. 2003-41, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Nawrocki, second by Williams, to adopt Resolution No. 2003-41, being a resolution adopting assessment rolls for the Zone 6B improvements. Upon vote: All ayes. Motion carried. CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA RESOLUTION NO. 200341 RESOLUTION LEVYING AND ADOPTING THE ASSESSMENT FOR PROJECT NO. 0302 ZONE 6B OF THE STREET REHABILITATION PROGRAM Adopting assessment roll according to the City Charter for the following local improvements and determining that said improvements have been made and ratifying and conforming all other proceedings, heretofore had: Special Assessments numbered P.I.R. 1076 and 1077, Washington Street, 40th to 42aa Avenues; Madison Street 40th to 42aa THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, OCTOBER 16, 2003 The meeting was called to order at 7:05 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Dennis Stroik, Reuben Ruen, Dan Swee, Ken Henke, Bob Buboltz, and Dave Mahoney. Brad Peterson arrived about 7:20 pm Council Representative: Bruce Nawrocki was present prior to meeting. He was excused to attend interviews with potential Commission members. City Representatives: Linda Magee Legal Counsel: Steve Guzzetta Comcast Representative: Kathi Donnelly-Cohen APPROVAL OF MINUTES Motion by Dan Swee, second by Dennis Stroik, to approve the minutes from the meeting of July 17, 2003. All ayes. OLD BUSINESS A. Channel Check Volume levels continue to vary greatly. Channel 22 was very low. Channel 62 was slow to sync in. "No data available" was shown on all channels. Kathi Donnelly-Cohen stated that we had a bad box or needed to have the present one re-programmed. She told Linda to call Bruce in the Service Dept. and he would handle it. B. Correspondence Log and Follow Up on Complaints Michael & Joyce Hurley--1119 42 ½ Ave NE-Had problems with cable and interuet service. It was found that some parts had been improperly installed, and some bad jumpers were found inside the residence. Different techs were sent out Sept 24 who corrected the problems. They are now happy with their service again. Joanne Student-called Dennis Stroik and said she recently had solicitors at her door trying to sell Comcast Programming Packages. She didn't like their approach. Kathi stated these solicitors have been pulled from this area and will no longer be contacting residents in this manner. Moreover, Kathi will put a "do not contact" on her account. C. Other Old Business Linda reported that after the last meeting, per the direction of the commission, she sent Bryan Olson a letter stating what the Commission's recommendation was regarding his grant request, along with another copy of the grant guidelines. Mr. Olson came in and got a copy of the minutes and then sent a letter saying he would be withdrawing his proposal due to the fact that his history video does not meet the criteria, and seemingly no provision can be made to deal with a "for profit" vendor. TELECOMMUNICATIONS COMMISSION MINUTES OCTOBER 16, 2003 PAGE 2 NEW BUSINESS A. Franchise Fees for 2nd Quarter 2003 Franchise fees in the amount of $34,429.26 were received in July for 2nd Quarter. Rate Regulation Options A copy of a memo dated April 9, 2003, from Creighton, Bradley, and Guzzetta LLC was enclosed in the agenda packets regarding review of FCC Forms 1240 and 1205 filed by Comcast in February 2003. The forms submitted establish proposed rates for the period of June 1,2003 to May 31, 2004. To prevent the rates fi.om taking effect, action would need to have been taken within 90 days of the date of the rate filing. As no action was taken within the 90 days, the rates became effective but the City has 12 months to review and act on those forms. If no action is taken within the 12 month period, the City cannot at a later date order a refund or reduction with respect to the current rate filing. Comcast is not charging the maximum permitted rate it calculates for basic cable service, and no increase in rates charged has occurred since July 2002. The memo went on to outline the four options the City has citing the benefits and drawbacks to each option. Option A is to do nothing, but we risk losing the right to use the current rate information in future rate proceedings. Option B is to decertify which would eliminate the need for Comcast to file rate forms supporting its increases and since there is currently no competition in this area, monopoly pricing could occur. With Option C, the City could choose to not perform a review at this time, but to issue a rate order preserving our rights. This may preserve our rights to look at the data and calculations used in the current forms when taking action on future reviews. Option D is to perform a full blown rate review which we did with AT & T two years ago. Although, this would be hard to complete within the 12 month review period and would be costly. Legal Counsel and staff are recommending the City pursue Option C whereby we do not perform a review at this time, but preserve our rights for furore reviews. The rate orders for Option C can be prepared inexpensively, based on last year's experience. This must be done by February 2004. Linda informed the members if this option is recommended, it will be addressed at a Public Hearing which will be scheduled at the November 10, 2003 City Council meeting. Motion by Ken Henke, seconded by Bob Buboltz, to recommend the City Council not hold a formal review of the rates as filed on Forms 1205 and 1240 in February 2003, and to issue an order to preserve our rights for future filings. All ayes. MOTION PASSED. Joint Boards and Commissions Recognition Dinner A Joint Holiday Dinner will be held for members and one guest of the various Boards and Commissions in recognition of their volunteer service to the City of Columbia Heights. This dinner will be held at Murzyn Hall on Wednesday, December 10, 2003. Social hour will be at 5:30 and Dinner at 6:30 pm. Invitations will be sent within the next few weeks. TELECOMMUNICATIONS COMMISSION MINUTES OCTOBER 16, 2003 PAGE 3 D. Other New Business A copy of a letter sent out by Comcast to subscribers who still have analog service was discussed. There was some confusion over the prices quoted on the letter and flyer for digital service. Kathi clarified the digital service tiers and packages that were being offered. REPORTS Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report Liaison positions will be re-assigned as follows: Channel 15-Public Access-Reuben Ruen Channel 16-Government Access-Ken Henke Channel 18-Educational Access-Dan Swee Channel 19-Library Access-Bob Buboltz B. Report of Comcast- The phone statistics and detailed outage reports for second quarter were enclosed in the agenda packets along with the Programming produced for Community Television for July through September. The detailed outage reports for August and September were passed out at the meeting. Kathi reported on HDTV (High Definition TV), VOD (Video on Demand), DVR (Digital Video Recorder) and IVR (Voice Recognition) services. She also said that hi speed Intemet subscribers are increasing as forecast. C. Report of the Cable Attorney Steve Guzzetta briefly reviewed the process that will take place for the Renewal of the Franchise. The process will probably begin officially in November of 2003 as the Franchise expires in November 2006. Steve explained the City could initiate a Formal Renewal Proceeding or pursue an Informal Renewal Process which is usually less expensive and happens when an agreement can be successfully negotiated without any formal litigation. During this process the City will do a needs assessment, look at past performance, hold public heatings, and compile a list of requirements that need to be fulfilled. He said it is a long process as the agreement is usually for a 10-15 year period, so it is important to renew a franchise on terms and conditions that will meet the community's cable-related needs during the entire time. The grant of a franchise confers a valuable right to Comcast giving them use of the right of ways for private profit. City officials should ensure the taxpayers are adequately compensated. Other items that could be negotiated are an Institutional Network and financial support for government access so the City can communicate with its residents in a video format, including during emergencies. TELECOMMUNICATIONS COMMISSION MINUTES MEETING OF OCTOBER 16, 2003 PAGE 4 Under the formal renewal process the only four criteria upon which denial may be based are: that Comcast hasn't complied with material terms of the existing franchise, that they have not provided quality signal and customer service, that they don't have the legal, financial, or technical ability to provide the service, or if their proposal does not account for the cost of meeting future needs and interests. As a point of information it was noted that by 2006, the FCC has ordered that all broadcast channels must discontinue using analog technology. This will have an impact on the City as our equipment and programming technology will also have to be upgraded. Guzzetta stated that it is important the City budget accordingly for the legal costs that will be incurred as well as the impact of the equipment upgrades that will be needed. Do Report of the Assistant to the City Manager Nothing further to report. Motion by Ken Hen/ce, seconded by Dennis Stroik, to adjourn the meeting at 8.'OO pm. All ayes. Respectfully submitted, Shelley Hanson Secretary LIBRARY BOARD/CITY COUNCIL BUDGET MEETING SEPTEMBER 29, 2003 7:00 P.M. The joint City Council/Library Board meeting about the library budget for 2004 was held in the activity room September 29, 2003, at 7:00 p.m. Those present were: Walt Fehst, Barbara Miller, Bill Elrite, Nancy Hoium, Patricia Sowada, Catherine Vesley, Mayor Julienne Wyckoff, Bobby Williams, Bruce Nawrocki, Tami Erickson, Bruce Kelzenberg, and Rebecca Loader. Mayor Julienne Wyckoff called the meeting to order at 7:05p.ml Barbara Miller welcomed everyone and introductions for the new Council members were made. Becky presented an overView of the budget materials that were distributed. The activity description, Objectives for 2004 and budget comments were discussed. The following items were highlighted during the budget comments presentation: no personnel contracts being settled for 2004, 2003 figures for wage and benefit information were used in anticipation of a wage freeze; the ILS (Integrated Library System) license fee; electronic databases, decrease in building repairs; and 5% increase in utility charges. Bruce Nawrocki queStiOned how the 5% figure was derived, since Minnegasco/Center Point Energy has recently sent out notices abOut a 25% increase to homeowners. Bill Elrite answered that when the budget process was started in April the 5% figure is what Center Point energy projected at the time. Minimum level of support for Maintenance of Effort and Per Capita information was discussed. Bobby Williams commented on the fact that there is only a 70 cent difference between the per capita for the County and Columbia Heights. The summary by class sheet was reviewed. Bruce Nawrocki objected to the adopted 2003 budget figures being used rather than the amended figures. It was noted that the amended figures are listed on the page "Comparison of Library Budgets". The $209,292 figure in transfers under the actual 2002 budget figures was explained. This transfer was made from the Library fund balance to a capital replacement fund. The revenue page was reviewed and fines were discussed. Staff tried two campaigns to increase revenue this year: to increase video rental with marketing ideas and to encourage patrons to pay old fines. While reviewing the detail expense portion of the budget there was a comment made again about the utility charges being over budget already for the current year and only a 5% increase being allowed for next year. The summary of cost factors page was reviewed. Pages 11 and 12 of the budget book list these items. The final page of the budget book listed a comparison of library budgets and major changes. 2 5 major areas were highlighted and major points were listed. Selected line items that received significant cuts were highlighted. Julienne Wyckoff asked about the Library Foundation. Barb Miller explained that the Foundation was set up as a registered charitable organization, and listed the names of the new Board members who will be inducted next week. The floor was opened to general comments. Bruce Nawrocki commented on his interpretation of Governor Pawlenty's cuts to local aid as a need for downsizing. Service and safety issues were discussed in conjunction with this. There was also a discussion of the chance for local governments to raise taxes to the 60% amount that the Governor has allowed to make..up for ~ cum in LGA. Tami Erickson voiced ~her concerns about the quality of services you need to prb~ide for residents and especially the services of the library and the programs for children. There being no further questions the meeting was adjourned at 8:00 p.m. Respectfully submitted, J~mne M. Sc~idt, Secre~ to ~e Libr~ Bogd 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. COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES September 29, 2003 The meeting was called to order by Chair, Barbara Miller at 6:32 p.m. Those members present were Barbara Miller, Nancy Hoium, Patricia Sowada, and Becky Loader. Board member, David Holmgren, and Councilmember Julienne Wyckoffwere not in attendance. It was moved, seconded, and passed to approve the minutes of the September 2, 2003, Board meeting as mailed. Bill list dated 9/22/03 was reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. Catherine Vesleyjoined the meetingat 6:35 p.m. Old Business: 1. Personnel update was provided. a. The library could possibly loose two pages in December. b. Mindy Hicks will be on family/medical leave from approximately December 8 until March. 2. Open House plans were discussed. a. The date is December 3, 2003. b. Event will take place from noon until 7:00 p.m. c. Mayor Julienne Wyckoffwill cut the cake at 12:30. d. Various events will take place during the day. e. Catherine and Pat are still looking for a red wagon. f. Possible give-away items are still being explored. Books presented by the Lomianki visitors were shared with the Board. These items have been added to the database and are available for patrons. The letter and book sent by Columbia Heights to the Lominaki library were reviewed. Bernie Szymczak was kind enough to deliver the book on his recent trip to Poland. 4. Foundation meeting to induct the "new" members will be held on October 7, 2003, at 7:00 p.m. in the Library Board Room. Nancy Hoium and Catherine Vesley will not be in attendance that evening. New Business: 1, Date for the November Library Board meeting was discussed. The meeting date does not have to be changed since there are no elections to be held in the City of Columbia Heights this year. The regular Library Board meeting will take place on November 4, 2003 at 7:00 p.m. 2. Preparations for the Budget meeting to follow were discussed. The agenda was reviewed and possible questions were discussed. There being no further business the meeting was adjourned at 6:57 p.m. Respectfully submitted, Yeanine 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. : HOUSING & REDEVELOPMENT AUTHORITY (HRA) REGULAR MEETING MINUTES AUGUST 20, 2003 CALL TO ORDER/ROLL CALL Chair, Ericson called the meeting to order at 6:36 p.m. Present: Tammera Ericson, Bruce Kelzenberg, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes MOTION by Williams, second by Jindra, to approve the minutes of April 15, 2003, as presented in writing. All ayes. Motion Carried. REPORT OF MANAGEMENT COMPANY William Jones stated LBP will be repairingfive exhaust units on the north roof, the painting is complete in the south building, the new furniture is in place in the main areas and he is going out for bids to replace carpeting in the south building hallways. All four units are rented at Tyler, six units in the North building have given notice, with only one left to rent out, and in the south building there are two units that have given notice, with one left to fill the vacancy. Shirley Barnes, CEO, Crest View Corporation stated, Jones will be leaving Parkview Villa for another position with Crest View. Anita Kottsick will be the Parkview Villa Administrator, providing 10 hours/week, and they will be hiring a full time assistant that will be trained in by Kottsick. CITIZEN FORUM Resident, Lynn Myer of 4607 Tyler asked why residents weren't advised of the sale and the meetings. Streetar stated the meetings and sale have been published in the Focus, the official City Newspaper. i Resident, James Hayes indicated residents would like an open-air porch on the front of the building where the benches are located. Resident, Marge Buczynski, Unit 410, recommended to the board, in review of the management bids, to please consider a new management company as she and other residents are tired of begging to get repairs done. She has experienced water leaking over a four-month period in her bedroom, talked to William twice, with no response until she finally called the Mayor's office. At that point she got staff to respond to her request. Priscilla Cross, Unit 303 stated communication between Jones and residents has caused tension and conflicts at Parkview. She also asked the board to look at management that can communicate better with residents. Bill Cross, Unit 303, felt Jones was doing the best job he could and ask the board to look into the credentials and communication skills of the bidding companies administrative staff. Housing & Redevelopment Authority Minutes August 20, 2003 Page 2 of 6 PUBLIC HEARING Sale of 4607 Tyler Street 4-Plex Mark Nagel stated at the HIM meeting in April the board authorized staff to prepare an agreement with Minnesota Housing Resources Inc. for the sale of 4607 Tyler Street 4-plex for a purchase price of $160,000. If the board approves the Purchase Agreement, it will take approximately 45 days to complete the transaction. Minnesota Housing Resources will keep the rents at a reasonable rate as stated in the agreement. Judy Shentla, a former resident of 4607 Tyler stated she was at the HIM meeting where it was approved to raise rents of the current residents $30 per year and $600 for any future residents and was concerned that the rents will not be affordable anymore. Lynn Miner, a resident of 4607 Tyler was concerned with her rent under the new ownership. Streetar and Crest View staff will meet with her to go over her situation. Nawrocla' stated he understood Mr. Engstrom has left the firm and wondered if there would be any reason to question the management in his absence. Streetar stated there are two remaining staff members; one that has been with the firm for approximately 14years and the other has extensive experience, therefore, he felt confident there would not be any problems. Motion by Kelzenberg, second by Jindra, to close the Public Hearing. All ayes. Motion Carried. Motion by Nawrocki, second by Ecklund, to table this item until staff can get a better explanation of what the rents would be with the Minnesota Housing Resource Company. Upon Vote: Ecklund- aye, Nawrocki- aye, Ericson- nay, Kelzenberg- nay, Williams- nay, Jindra- nay. Motion failed. Motion by Kelzenberg, second by Jindra, to Ap'prove the Sale of 4607 Tyler Street to Minnesota Housing Resources, Inc. for $160, 000 with stipulations outlined in the Purchase Agreement; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. Upon Vote: Ecklund- aye, Nawrocki- nay, Ericson- aye, Kelzenberg- aye, Williams- nay, Jindra- aye. Motion Carried. ITEMS FOR CONSIDERATION Parkview Villa Management Bids Ericson had each of the five companies introduce themselves and give a two-minute speech on their company. Shannon Bogner, CommonBond stated they are Minnesota's largest non-profit organization for public housing, manage a few high rises with a strong senior population in Minneapolis and St. Paul, and have over 40properties in Minnesota. Shirley Barnes, Crest View Corporation stated they have managed Parkview Villa for the City for many years, Anita Kottsick will be coming back as administrator, they received a score 96 on Housing & Redevelopment Authority Minutes August 20, 2003 Page 3 of 6 the HUD score for management, Crest View has a real commitment to the community and can therefore, provide services at a lower rate. Steven Schachtman, Steven Scott Company stated they have been in business for 35 years, manage 5, 000 apartment units in the greater Minneapolis area, have a staff of approximately 350people, they bring stability, commitment, and dedication, and are sensitive to the residents responses. Lisa Moe, Stuart Companies stated they have been in business for 33 years, have about 5, 000 units between Minnesota, Wisconsin and Omaha, have a mixed portfolio of properties, affordable housing, senior and market rate, in home health care, are known for 24 hour maintenance services, and that their office is in Bloomington. Denny 0 'Donnell, Walker ElderCare stated they have been in the business of servicing seniors since 1945, have a variety of projects in the Twin Cities, including two in Anoka County, one of which is the Section 202, low-income senior housing similar to Park'view Villa, manage assisted living facilities, their first step in managing Parkview Villa would be to send out a survey to all of the residents to see what kind of services they are interested in. Nawrocki was not clear what the five companies bids actually covered and asked them to clarify their costs for the first and second year of the agreement. Their response was as follows: CommonBond at $184,797 with staff cost of living increase next year; Crest View at $169,019 with staff cost of living and 10 cents per unit management increase each year; Walker ElderCare at $168,500 with CPI increase each year; Steven Scott at $175, 000 with a decrease in future years; and Stuart Management at $190,592 with staff cost of living each year after. Nawrocki stated he took it offense to the wording in the letter written by Mark Nagel, which stated, "Although Crest View is the only company that actually has public housing management and accounting experience, they all have competent staff that would work well with senior citizens" and "Crest View is the only company with an on-site manager that is a certified Public Housing Manager", and requested Nagel to define Public Housing. Nagel stated Public Housing is a low-income housing program like,we have in place at Parkview Villa North. Nagel also explained that he was stating that Crest View was the only bidder that stated in they bid packet their have an on-site Public Housing Manager, not that any of the other bidders weren't qualified. Ericson asked the representatives to state if they have on-site staffing that are certified Public Housing Managers. CommonBond stated they have one manag~er certified in public housing and public housing financial management certification and building maintenance certified, and have three staff members that have public housing occupancy and public housing financial certifications. Steven Scott stated they have a certified residential manager, certified occupancy manager, and HUD certified managers, with no certified public housing staff Stuart Management has staff with certified housing managers, financial, occupancy and housing certifications. Walker stated they do not have any staff certified in public housing, but have staff certified in Section 202 properties, and occupancy manager. Crest View stated Kottsick is certified in occupancy and public housing. Housing & Redevelopment Authority Minutes August 20, 2003 Page 4 of 6 Ericson asked each boardmember for their thoughts on the management bids. Williams-felt Crest View provides a good program. Jindra- felt it is time for change and was impressed with Walker and CommonBond. Kelzenberg- felt a need for change and was leaning towards Walker. Nawrocki-he is a volunteer member of an advisory board for CommonBond, that meets three times a year, so he is familiar with CommonBond and also Walker's programs for seniors and felt they were both very qualified to manage Parkview Villa. Crest View has a strong background in the community but, was discouraged with the situation over the last year or so. Ecklund- felt very comfortable with CommonBond and Walker and stated that Crest View could possibly work if they made some changes. Ericson-felt it is important to look over all the companies as a whole and be objective and has great trust in Crest View with their participation in the community. Ericson asked Mayor, Wyckoff for her thoughts. Wyckoff stated that Crest View has done a great job in the past but, maybe it's time for a change. Motion by Nawrocki, second by Kelzenberg, directing staff to prepare a draft 3-year Management Services Contract for Parkview Villa North and South with Walker ElderCare subject to approval by the HRA Board at a special meeting to be held prior to the regular HRA meeting in October. Upon Vote: Ecklund- aye, Nawrocki- aye, Ericson- nay, Kelzenberg- aye, Williams- nay, Jindra- aye. Motion Carried. Amended Motion by Williams, second by Ecklund, to direct staff to prepare a draft 3-year Management Agreements with Crest View and Walker ElderCare subject to approval by the HRA Board at a special meeting to be held prior to the regular HRA meeting in October. Upon Vote: Ecklund- aye, Nawrocki- nay, Ericson-aye, Kel~enberg-nay, Williams- aye, Jindra- nay. Motion Failed. Ericson called for a 5-minute recess. Architectural Services Agreement Nagel stated in the 15-year Capital Improvement Plan the apartment modernization for Parkview Villa North was identified. The modernization funding will come from the 2003 Capital Fund budget of $92,800, along with $24,200 of the remaining 2002 budget, which comes to a total amount of $118,000. An additional $13,000 from both the 2002 and 2003 budgets was allocated for architectural services on project phasing and specifications for the work to be done to update each apartment. An RFQ was sent out from a list obtained by HUD of qualified architects, with three firms responding: BWBR Architects, Blumentals/Architecture, Inc. and Daniel K. Duffy Architects, Inc. All three companies bids meet the HRA's needs, but Blumentals and Duffy did not include reimbursement, which could lead to going over the $13,000 budgeted amount. Staff recommends approval of the bid from BWBR Architects. Housing & Redevelopment Authority Minutes August 20, 2003 Page 5 of 6 Williams asked if these fees are reimbursable and if so, will the project be done in time if the HRA sells the building to Anoka County. Nagel stated, yes the funds wouM be reimbursable and it wouM be done in time. MOTION by Nawrocki, second by Williams, to Approve the Architectural Services Agreement with B WBR Architects for the Parkview Villa North Apartment Modernization Project with the amount not-to-exceed $13,000; and furthermore, to direct the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Parkview Villa North Elevator #2 Repair Proiect Nagel stated, staff was notified by Schindler Elevator Corporation that Elevator #2 at Parkview Villa North was in need of immediate repairs. Eagle Elevator confirmed the need for immediate replacement. Staff obtained proposals from three contractors: Eagle Elevator, Schindler Elevator, and ThyssenKrupp Elevator, which are all local vendors. Eagle Elevator was the low bidder at $23, 700 and agrees to comply with HUD's Davis Bacon Wage Decision requirements. By revising the 2002 Capital Fund Program remaining dollars the HRA could pay for the elevator repairs. MOTION by Williams, second by Ecklund, to Approve the 2002 Capital Fund Program Budget Revision and the contract for repairs with Eagle Elevator Corporation for an amount not to exceed $23,700for Elevator #2 repair at Parkview Villa North; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Resolution 2003-02 Amending and Restating the Bylaws Streetar stated last month the EDA amended their Bylaws to start their meetings at 7:00p. m. instead of 6:3O pm. Some of the HRA boardmetnbers also asked to change the HRA meetings to correspond with the EDA 's schedule. Therefore, staff has prepared the amended Bylaws for board review and adoption. MOTION by Ericson, second by Williams, to waive the reading of Resolution 2003-02, there being an ample amount of copies available to the public. All ayes. Motion Carried. MOTION by Ericson, second by Williams, to Adopt Resolution 2003-02, a Resolution to Amend and Restate the Bylaws of the Columbia Heights Housing & Redevelopment Authority. All ayes. Motion Carried Nawrocki stated there are other corrections to be made to the Bylaws at this time also. Ericson requested staff have the City's legal council review and prepare an amended version of the Bylaws for the October meeting. Housing & Redevelopment Authority Minutes August 20, 2003 Page 6 of 6 Other Business Reuben Baker, Caretaker for Parkview Villa asked, what will happen to Pat and his vacation and sick time when a new management firm takes over. Streetar stated they should check with Shirley Barnes at Crest View to see what their hiring contract states. ADMINISTRATIVE REPORTS- None ADJOURNMENT Chair, Ericson adjourned the meeting at 9:05 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:~I-IRAMinutes 2003\8-20-2003 ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES SEPTEMBER 16, 2003 CALL TO ORDER/ROLL CALL President, Murzyn called the meeting to order at 7:06 p.m. Present: Don Murzyn Jr., Patricia Jindra, Julienne Wyckoff, Bobby Williams and Bruce Nawrocki, Tammera Ericson, and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Move to adopt the minutes of the August 20, 2003, regular meeting as presented in writing. Nawrocki stated in the future when he makes a supportive argument, he would like to see it in the minutes. Financial Report and Payment of Bills Move to approve Resolution 2003-14, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for August, 2003 and approving payment of bills for August, 2003. MOTION by Williams, second by Wyckoff, to adopt the consent agenda items as listed. All ayes. Motion Carried. Nawrocki stated the check record pages aren't in the Financial Report. Streetar stated he would check into it. ITEMS FOR CONSIDERATION 40th & Universi .ty : Schumacher stated the EDA selected Haugland Company as the exclusive developer for the 40~h & University redevelopment site. Haugland has $50, O00for the land in theirproforma. Staff had Ehlers do an analysis which states construction costs, the vacancy of 5% and development fees are within industry standards, the construction proposed by Haugland is of high quality, and the lease rate of $14. 50~square foot is within the. Columbia Heights market but is a little on the high side. Haugland would like to get a determination from the board if they are willing to except the purchase price of $50, OOO for the land so an agreement can be drawn up and the project started. Paul Reinke, Senior Director of Development for Haugland Company stated his job was to establish the need and type of development that will work on the project site. Originally he proposed a 75, 000 sq. ft. retail building or a restaurant like Culvers that would work on the site. However, after contacting Culvers and other restaurants they indicated no interest in the site. Therefore, he recommended a service retail market for the site. Nawrocki asked if the $14.50/sq.fi. is gross or minimum rent plus cam. Reinke stated it would be Economic Development Authority Meeting Minutes September 16, 2003 Page 2 of 6 more like $20. O0/sq.ft. with the operating expenses. Nawrocki stated he didn't feel that coffee shops would pay $20. O0/sq.ft. and felt the sale price of the land is too low. Murzyn asked if a fast food restaurant would give the City more for the land. Reinke stated it would, but after researching they found there isn't a market for anymore fast food restaurants in the City. Wyckoff stated the City needs coffee shops and dry cleaners in Columbia Heights, which would also be an incentive for the residents of the new housing units in the Industrial Park project area. Dunn Brothers and Quizno's would compliment the corner. Fehst stated with the new housing in the Industrial Area, there will be a need for some retail Williams stated the sale price of the land was too low and asked how much money does the City have invested in this project. Schumacher stated there will be a little over $500,000 in CDBG dollars, which purchased two single-family homes, gas station and the MGS building. Reinke stated he contacted Welsh, United and a couple other developers to market the property for him and they said no as the area is too small. Kelzenberg did not feel that people would want to turn off of University to get a cup of coffee or sandwich. Streetar stated there is the option of equity sharing when Haugland is ready to sell. Reinke stated he hasn't explored this option but couM certainly consider it. Murzyn directed staff to explore this option with Haugland. Ericson stated we want to be one step ahead of the other developments in the area. Nawrocki asked if Haugland Company is developers or owners. Reinke stated they are developers that manage properties, sometimes keep the property and even share it with other entities. Motion by Ericson, second by Wyckoff, to direct staff to move ahead in negotiating a Development Agreement with Haugland Company, based on the sale price of $50,000 for the land. Upon Vote: Jindra-aye, Nawmcki- nay, Ericson- aye, Williams- nay, Wyckoff- aye, Kelzenberg- aye, Murzyn- aye. Motion Carried. Resolution 2003-15~ Modifying the CBD Revitalization Plan and Establishing a TIF District for Kmart/Central Streetar stated the Tax Increment Financing Plan is for the establishment of the Kmart/Central Avenue District. The Plan describes the purpose and the amount of tax increment assistance that will be necessary for the development. Mark Ruff of Ehlers and Associates and Steve Bubul of Kennedy and Graven have reviewed the document and provided the summary in the packet. The next step in the process would be to hold a Public Hearing at the City Council Meeting on Economic Development Authority Meeting Minutes September 16, 2003 Page 3 of 6 September 22, 2003. Motion by Ericson, second by Williams, to waive the reading of Resolution 2003-15, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Ericson, second by Williams, to Adopt Resolution 2003-15, a Resolution Adopting a Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and establishing the Kmart/Central Avenue Tax Increment Financing District therein and Adopting Tax Increment Financing Plan; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Resolution 2003-16~ Contract for Private Redevelopment with New Heights Development~ LLC Streetar stated the Contract for Private Redevelopment with New Heights Development, LLC is for the property that Mr. Nedegaard will own at the old Kmart site on Central Avenue. The redevelopment property is broken up into three sections: 1) housing; 2) commercial and 3)future commercial property. In the housing section Nedegaard has agreed to build 244 units of for-sale housing ranging in price from $175, 000 to $330,000 in a period offour years. Nedegaard is requesting up to $700,000 Tax Increment Financing assistance for the demolition of Kmart and other site related costs. Nedegaard will be required to build up to 10,000 square feet of commercial space. At that time, if the EDA feels that Tax Increment Financing is warranted, you can negotiate that with Mr. Nedegaard. If the EDA feels that it isn't warranted, Mr. Nedegaard is still obligated to build the 10, 000 square feet of commercial space and complete that part by July 1, 2006. Nedegaard will not get any money until the entire project is finished. They will have up to 12 months from the time the development agreement is executed to put together a redevelopment plan acceptable for the EDA, if he doesn't the City will be able to use any developer of their choice. Nawrocki stated the $700,000 will be higher with the interest. The beginning we talked about $500,000 of TIF to tear down the building, with no discussion of interest and $300, O00 for the sewer costs. Streetar stated we should keep in mind that the roads, sewer and water will be totally paid for by Nedegaard. Ruff stated in the beginning Nedegaard came to the City asking for $500,000 upfront for the housing development, with no talk of interest. The City said no, they would like to see some commercial commitment to that area and didn't want to see him make too much money. Nedegaard stated he would need $700,000 instead of the original $500,000 to complete the City's commercial commitment. The City would be sitting in a very safe position by entering into this contract with Nedegaard and if the City decides to use TIF funds, it would be paid back over a period of 4-5 years. Nawrocki asked what criteria we are using to determine what Nedegaard is making on the project and does the contract call for an audit. Streetar stated it is stated in the contract there will be an audit performed. Fehst stated there is always a chance of things going wrong and that Economic Development Authority Meeting Minutes September 16, 2003 Page 4 of 6 is why we have Mark Ruff working on this with us to make sure things are handled properly and we should keep in mind that it is very usually that Nedegaard agreed to receive no TIF funding until the entire project is completed. Resident, Mr. Herringer asked if Nedegaard has to build everything by 2006, what happens to the real estate taxes in the years between. Ruff stated the City would hold the tax dollars until Nedegaard is finished with the development in 2006. Nawrocki felt this should be a City Council agreement not EDA. Ruff explained that tonight they are voting on two items; to set up a maximum amount orS100, 000 in TIF district funding and an agreement with the developer. Then the City Council will hold a public hearing on September 22na and take action on the TIF District per state law. Motion by Ericson, second by Williams, to waive the reading of Resolution 2003-16, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Ericson, second by Williams, to Adopt Resolution 2003-16, a Resolution Approving a Contract for Private Redevelopment between the Columbia Heights Economic Development Authority and New Heights Development, LLC; and furthermore, to authorize the President and Executive Director to enter into an agreement to the same. All ayes. Motion Carried. 39th & Central Redevelopment Streetar stated on August 22nd 'the City received a letter from Gene Mady and Doug Foss, the owners and operators of Mady's requesting the City remove their property from any redevelopment plan. The Mayor responded with a letter indicating the redevelopment of 39th and Central, including their property remains a high priority for the City. Staff recommends the 39th and Central area, including their building, remain a high priority. It is likely the EDA may have to acquire this and other properties through eminent domain. Staff asked the board if they are willing to exercise the power of eminent domain, if necessary, to acquire the properties for redevelopment. " Murzyn stated the general consensus of the board is that they are willing to go forth with eminent domain to acquire the redevelopment sites, but only after aH efforts to negotiate have been exhausted. NEI Proposal Streetar stated on June Ist Dunwoody College of Technology merged with NEI College of Technology. Dunwoody's intent is to sell the NEI building by December of 2003, and has been worla'ng with a real estate broker to redevelop the entire property. Staff has contacted a number of developers, but with no interest. On September ?, representatives from NEI presented staff a possible redevelopment concept with two primary components. Component one consists ora City Hall and Library to be located on the first floor with 60 units of moderately priced senior rental units on the second, third and fourth floors. The second option for this component would result in senior housing without a City Hall or Library. The Economic Development Authority Meeting Minutes September 16, 2003 Page 5 of 6 Anoka County HRA would own and manage the senior rental housing and the City would own its facilities on the first floor. This is the same kind of concept is near completion in the City of Waconia. County Commissioner Kordiak expressed an interest in exploring a joint library option at this site. Component two would include 20 units of market rate, single-story, for sale, side-by-side townhomes. Either of these concepts may require the City's assistance in the demolition of the existing building. Streetar requested the board direct staff to explore the concept and report to the board at the October EDA meeting. Motion by Williams, second by Wyckoff, to direct staffto move forward exploring the concepts and report at the October meeting. Upon Vote: Jindra- nay, Nawrocki- nay, Ericson- aye, Kelzenberg- aye, Williams- aye, Wyckoff- aye, Murzyn- aye. Motion Carried. ADMINISTRATIVE REPORTS 4833 University Avenue Schumacher stated at last months EDA meeting, staff was directed to propose a mid-point purchase price of $ 70, 000 to Collins Autobody for 4833 University Avenue property with Collins being responsible for the demolition of the home. Collins has agreed to the purchase price. They are working with the SBA on financing and would like to have a 24 month window for construction to start instead of the original 12 months. Staff recommends moving forward with the purchase agreement. Murzyn directed staff to move forward with the purchase agreement. Industrial Park Redevelopment Plan Schumacher stated the soil and water testing has been completed with 85 samples taken, three locations showing significant contamination, which monitoring wells are being installed at the sites based on MPCA standards for a long-term, analysis. The contaminated properties were the old foundry building, Grief Brothers, and Region Truck Equipment. Information from the tests will be available in approximately two weeks in the Response Action Plan. Funding from DEED for the corrections will be applied for next month. The City Council approved a grant application with the Metropolitan Council for a one-time predevelopment grant. The study will address needs of sewer, water, surface water management, traffic, road improvements, and an estimated cost of all improvements needed priorto redevelopment of the sites. Nawrocki asked if samples were taken at the Electric Steel Castings building. Schumacher said yes and the results of the soil tests will be in the report. ADJOURNMENT Motion by Williams, second by $indra to adjourned the meeting at 9:54 p.m. Respectfully submitted, Economic Development Authority Meeting Minutes September 16, 2003 Page 6 of 6~z~~~ Cheryl Bakken" Community Development Secretary H:~EDAminutes2003\9-16-2003 P= Present A= Absent X= Mtg.Cancelled or rescheduled 2003 EDA ATTENDANCE TOTALS Jan.28 Feb.19 Mar. 18 Apr. 15 May.20 June. 17 Jul. 15 Aug.19 Aug.20 Sept.16 Oct.21 INov.18 Dec. 16 A P Jindra, Patricia P P P X P P P X P P 8 ~ ~' ~ .... ~.;~.~...~,:_. ~ .~.,--~;~ ~'~',- ~ ~ '. Ericson. Tammera P P P X P P P X P P 8 Kelzenber~,Bruce P P P X P P P X P P 8 ~ ~ ~.~ .,~ ~'( :: "~ } '~., . . . .~: ..... . Mu~yn, Don Jr. P P P X P P P X A P , ,, , , , , '- ~ · . Nawrocki, Bruce P P p ~ X P P P X P P 8 Williams, Bobb~ P A P X P P P .~ ~ ~ ~ ~: ~ ~ X P P 1 7 Wyckoff, Jullenne P P P X P P P X P P 8 H:~003EDA Misc,2003 EDA Attendance CITY COUNCIL LETTER Meeting of: October 27, 2003 AGENDA SECTION: CONSENT NO: ITEM: ESTABLISH PUBLIC HEARING--CABLE RATES NO: ORIGINATING DEPARTMENT: CITY MANAGER'S BY: LINDA L. MAGEE DATE: 10-17-03 CITY MANAGER ' S APPROVAL On or about February 26, 2003, Comcast filed with the City Federal Communications Commission (FCC) Form 1240, "Updating Maximum Permitted Rates for Regulated Cable Services" purporting to set forth and justify the maximum rate it could charge to subscribers in the city for basic cable service, and FCC Form 1205, "Determining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the city for equipment and installation. The relevant rate period covered is June 1, 2003 to May 31, 2004. It should be noted that Comcast has not adjusted its basic service, equipment, and installation prices since July 1, 2002. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's maximum permitted rates as of June 1, 2003, and prior to June 1, 2003, as well as the current rates. Maximum Maximum Permitted Rate Permitted Rate Current Rate (Since Effective June Prior to June July 1, 2002) 1, 2003 1, 2003 Basic Service $ 10.70 $10.44 $ 8.87 Converter/Receiver $7.92 for Basic $3.21 for Basic $2.00 for Basic Only Only Only $9.67 all $6.62 all $4.70 all others others others Remote Control $ .33 $ .39 $ .30 Installation-Unwired Home $45.81 $45.10 $41.99 Installation-Prewired Home $30.34 $28.20 $24.99 Installation-Additional Outlet- $15.98 $14.45 $13.49 Connect Initial Installation-Additional Outlet- $24.62 $24.27 $19.99 Connect Separate Other Install--Relocate Outlet $20.72 $20.20 $18.99 Upgrade- Non-Addressable $16.44 $17.25 $15.99 Downgrade- Non-Addressable $13.10 $12.41 $ 9.99 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: October 27, 2003 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: ESTABLISH PUBLIC HEARING--CABLE RATES BY: LINDA L. MAGEE BY: DATE: NO: DATE: 10-17-03 Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. The purpose of the public hearing is to permit interested persons to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its February, 2003, rate filing. In accordance with federal law, it is the City's responsibility, as a certified rate regulation authority, to determine whether the basic service programming and equipment rates and installation fees comply with the Federal Communication Commission's rate regulation rules, orders, and decisions. RECOMMENDED MOTION: Move to establish a public hearing date of Monday, November 10, 2003, at 7:00 p.m. or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its February, 2003, rate filing. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off October 27, 2003 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~-//~-~ Community Development . APPR6-V~ ITEM: Adopt Resolution 2003-45, A Resolution BY: Tim Johnson/Randy BY: Authorizing Application for DEED Contamination Schumacher Cleanup Grant Program DATE: October 21, 2003 NO: Back~round: This is a request for approval of a resolution to submit a joint contamination cleanup application through the Minnesota Department of Employment and Economic Development and the Metropolitan Council. The City of Columbia Heights in the spring of 2003 was the #1 ranked state application, and received $50,000 from DEED for Phase II investigation funding to determine the extent of contamination in the industrial park. The Columbia Heights City Council has indicated their highest priority project since 2002 is the redevelopment of the Industrial Park. As you are aware, the Council recently adopted a master plan for the redevelopment of this area, which proposes a high concentration of infill housing and some potential industrial development. However, this realization of creating vibrant livable communities can only be achieved by cooperation and major funding from regional growth agencies such as DEED, MPCA, and Metro Council. Phase II environmental testing was recently completed in the project area, with a plan to remediate environmental contamination through the current grant funding cycles of DEED/Metro Council. The City of Columbia Heights recently made application for $50,000 to the Metropolitan Council for funding to pay for infrastructure feasibility and engineering service costs. The State contamination oleanup application and the complementary Tax Base Revitalization Account (TBRA) Program provide funds to cities that demonstrate a significant need for contamination cleanup assistance. After reviewing the Response Action Plan (RAP), the environmental consultant ProSource Technologies along with staff, have determined that the requested amount of the clean-up grant to Metropolitan Council and DEED will be 1.833 million. The DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. Staff recommends if funded, the local match be an internal loan from the Capital Improvement General Government Building Fund and be repaid at a 5_. % interest rate. The requested amount will be for all industrial properties east of 5th Street and west of Jefferson Street outlined in the development plan for the area. Because these agencies work closely together, it is anticipated if funding is received, that DEED would fund most of the project with the Metropolitan Council picking up the eligible costs ofremediation. It is the City's intention to apply to these same agencies for future funding for the 3800 building site (former foundry), as well as the Grief Brothers property. . Recommendation: Staff recommends approval of the Contamination Cleanup Grant Application through the Minnesota Department of Employment and Economic Development. Recommended Motion: Move to waive the reading of Resolution 2003-45, there being ample copies available to the'public. Recommended Motion: Move to adopt Resolution 2003-45, a Resolution Authorizing Application for Minnesota Department of Employment and Economic Development Contamination Cleanup Grant Program. Attachments: Resolution 2003-45; Industrial Area Map COUNCIL ACTION: RESOLUTION 2003-45 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT CONTAMINATION CLEANUP GRANT PROGRAM Wlt~REAS, the City Council of the City of Columbia Heights (the "City) has given their support to a master plan for redevelopment of industrial area properties; and WI:IEREAS, the City has found that there exists conditions of deterioration, blight, substandard structures, and environmental concerns, and there exists a need (due to blighting influences) for intervention by the City to prevent further deterioration and promote redevelopment of the industrial area; and Wi:IEREAS, the City has recently identified and completed Phase I and Phase II assessments of all industrial properties in the industrial planning area in which various potential contaminants were identified, with the City submitting a Response Action Plan (RAP) to the MPCA for cleanup; and WHEREAS, the total legislative appropriation for this grant program for fiscal years 2004-05 is $4,362,000, and the DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. With the local match to be an internal loan from the Capital Improvement General Government Building Fund and to be repaid at a fi_ % interest rate; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the Contamination Cleanup Grant Program to be submitted on November 1, 2003, and that Walt R Fehst, Executive Director, is hereby authorized to apply to DEED for funding on behalf of the City of Columbia Heights, Minnesota; and BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration; and BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and BE IT FURTHER RESOLVED that upon approval of its application by the state, the City of Columbia Heights, Minnesota may enter into an agreement with the State of Minnesota for the above-referenced project(s), and that Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in all contract agreements; and BE IT FURTHER RESOLVED that Walter R. Fehst is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has approved the Contamination Cleanup Grant Application submitted to the Department of Employment and Economic Development (DEED). Passed this day of October 2003. Offered By: Seconded By: Roll Call: Mayor Julienne Wyckoff Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary PHA~E I! Columbia Heights [ndustrlal Park Colurnbl~ Helghlz.Mlnne~ ProSour~ Project No,: 482-00 F~GURE ].2 PROPOSED AREAS OF EXCAVA'r~ON CITY COUNCIL LETTER Meeting off October 27, 2003 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~.~/gl,~; Community Development APPROV~,L ITEM: Adopt Resolution 2003-43, A Resolution BY: Tim Johnson/Randy BY: Authorizing Application to Metropolitan Council for Tax Schumacher /..-,j'~U¥ Base Revitalization Account (TBRA)funding DATE: October 21, 2003 )/i:~ }i 0/~'~ NO: Backeround: This is a request for approval of a resolution to submit a joint contamination cleanup application through the Metropolitan Council Tax Base Revitalization Account and the Minnesota Department of Employment and Economic Development. The City of Columbia Heights is currently a participant in the Livable Communities Act Housing Incentives Program for 2003 as determined by the Metropolitan Council, and is therefore eligible to make application for grant funds through TBRA. The Columbia Heights City Council has indicated their highest prior/ty project since 2002 is the redevelopment of the Industrial Park. As you are aware, the Council recently adopted a master plan for the redevelopment of this area, which proposes a high concentration of infill housing. However, this realization of creating vibrant livable communities can only be achieved by cooperation and major funding from regional growth agencies such as DEED, MPC& and Metro Council. Phase II environmental testing was recently completed in the project area, with a plan to remediate environmental contamination through the current grant funding cycle of DEED/Metro Council. The City of Columbia Heights recently made application for $50,000 to the Metropolitan Council for funding to pay for infi'astructure feasibility and engineering service costs. The Tax Base Revitalization Account (TBRA) funds are available to cities that demonstrate a significant need for contamination cleanup assistance. After reviewing the Response Action Plan (RAP), the environmental consultant ProSource Technologies along with staff, have determined that the requested amount of the clean-up grant to Metropolitan Council and DEED will be 1.833 million. The DEED grant requires applicants to pay an amount equal to 12 % of the cleanup costs from unrestricted money available to the City. Staff recommends if funded, the local match be an internal loan from the Capital Improvement General Government Building Fund and be repaid at a 5_. % interest rate. The requested amount w/ll be for all property east of 5~ Street and west of Jefferson Street outlined in the development plan for the area. Because these agencies work closely together, it is anticipated if funding is received, that DEED would fund most of the project with the Metropolitan Council picking up the eligible costs ofremediation. It is the City's intention to apply to these same agencies for future funding for the 3800 building site (former foundry), as well as the Grief Brothers property. Recommendation: Staff recommends approval of the application to the Metropolitan Council for Contamination cleanup through the TBRA Program. Recommended Motions: Move to waive the reading of Resolution 2003-43, there being ample copies available to the public. Move to adopt Resolution 2003-43, a Resolution Authorizing Application to the Metropolitan Council for Tax Base Revitalization Account (TBRA) Funding. Attachments: Resolution 2003-43 COUNCIL ACTION: RESOLUTION NO. 2003-43 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR TAX BASE REVITALIZATION ACCOUNT FUNDING WHEREAS, the City of Columbia Heights is a participant in the Livable Communities Act Housing Incentives Program for 2003 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS, the City has identified a contamination clean-up project within the City that meets the Tax Base Revitalization Account's purpose/s and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the total appropriation for the Spring 2004 funding cycle is 2,550,000; and WHEREAS, the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the Tax Base Revitalization Account application submitted on November 1, 2003; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreements as are necessary to implement the project on behalf of the applicant. Passed this day of October 2003. Offered by: Second by: Roll Call: Attest: Mayor Julienne Wyckoff Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Colurtlbla Heights llldultrlal Park OF EXCAVA'I'~ON Columbia Heights, Minnesota ProSource Project No.: 482-00 CITY COUNCIL LETTER MEETING OF: OCTOBER 23, 2003 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: 5~/~-~O FINANCE APPROVAL MISCELLANEOUS CHARGES DATE: OCTOBER 23, 2003 NO: The City Council is asked to adopt annually a resolution to certify delinquent utility and miscellaneous charges to the County Property Tax Administrator for collection. This resolution consists of utility and miscellaneous charges totaling $11,750.72. Staff recommends the City Council adopt the following motions. RECOMMENDED MOTION: Move to waive the reading of Resolution 2003-47 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2003-47 being a resolution to certify delinquent utility and miscellaneous charges to Anoka County for collection with the property taxes payable in 2004. WE:sms o310232COUNCIL Attachments COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS SPECIAL ASSESSMENTS Miscellaneous Delinquent Utility Miscellaneous Delinquent Bills TOTAL DELINQUENT 2003 $ 4,240.82 $ 7,509.90 $11,750.72 RESOLUTION NO. 2003-47 CERTIFICATION OF DELINQUENT UTILITY AND MISCELLANEOUS CHARGES BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy delinquent utility and miscellaneous delinquent bills on the properties in the City of Columbia Heights as listed on page 2 of this resolution and filed in the Assessment Book for 2003 totaling $11,750.72. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments - Fund #83723. SAID CHARGES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All delinquent utility and miscellaneous bills with penalties as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these utility and miscellaneous bills until October 23, 2004. Upon receipt of said payments, the City will remove them from the certification list sent to Anoka County. Passed this 27th day of October, 2003 Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Patricia Muscovitz, Deputy City Clerk RESOLUTION NO. 2003-47 CERTIFICATION OF DELINQUENT AND MISCELLANEOUS CHARGES Page 2 PIN Number Resident/Company Address of Property 25-30-24-24-0061 25-30-24-34-0003 25-30-24-34-0086 25-30-24-34-0086 26-30-24-12-0005 26-30-24-24-0125 26-30-24-43-0139 35-30-24-13-0184 35-30-24-21-0009 35-30-24-21-0032 35-30-24-24-0182 35-30-24-24-0182 35-30-24-31-0138 35-30-24-44-0006 36-30-24-14-0022 36-30-24-22-0090 36-30-24-22-0096 36-30-24-24-0028 36-30-24-24-0029 36-30-24-24-0030 36-30-24-24-0031 36-30-24-31-0023 36-30-24-32-0063 36-30-24-34-0159 Ronald Worden Yousry Khaul James Rude James Rude Robert & Cynthia Zschokke Randy Cornelius Andrew Watson Douglas Allen Joe Carlson Mary & Frances Weaver Lynde Investment Lynde Investment B.J. KingsdtedD.J. Huie Aida Perez-Rodas David Caroon Joseph Zappa HPI Ed Fragale Ed Fragale Ed Fragale Ed Fragale Launie D Link Ufuk Keles Robert & Cynthia Zschokke 1468 Lincoln Ter 4637 Pierce St NE 1260 46th Ave NE 1260 46th Ave NE 5101 7th St NE 4926 5th St NE 666 46 1/2 Ave N E 4111 7th St NE 4418 7th ST NE 4424 5th St NE 4120 4th ST/4100 4th ST 4120 4th ST/4100 4th ST 4049 University Ave 3900 Central Ave NE 4152 Cleveland St NE 1032 - 44th Ave NE 1020 - 44th Ave NE 1326 Circle Terr BIvd 1316 Circle Terr Blvd 1308 Circle Terr Blvd 1302 Circle Terr Blvd 4005 Reservoir BIvd 1113 Gould Ave NE 3823 Polk St NE Total Certified 592.22 159.22 159.22 159.22 159.22 361.33 544.63 458.77 4,858.75 291.77 159.22 159.22 525.16 159.22 522.94 450.55 304.78 176.15 265.21 74.09 577.22 70.99 386.57 175.08 Total 11,750.72 CITY COUNCIL LETTER Meeting of: October 27, 2003 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL No: 5-A '-I Fire ITEM: Establish Hearing Dates BY: Charlie Thompson BY:~ff~:~'d~ License Revocation, Rental Properties DATE: October 22, 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. Sela Investments ........................................................... 4927 University Avenue NE & 4935 UnivAve. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 10, 2003 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Sela Investments at 4927 University Avenue & 4935 University Avenue N.E. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off October 27, 2003 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 5 - 1~ - ~ Fire _ //' ~ ITEM: Approval of Rental Housing License BY: Charlie Thompson BY'~ff~ Applications NO: DATE: October 22, 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 October 27, 2003. COUNCIL ACTION: ccupany I.D, 0003 2209 0001 0078 2113 0038 0089 0053 0093 0322 2124 3014 3040 3030 3010 3034 2028 3099 3064 2075 3006 ;~034 ;)299 _)120 ;)238 _)047 _~009 ;)315 ;)133 ;)157 ;)100 ;)164 _~050 _~174 ;)393 _~165 ;)096 )098 )242 )318 )118 Property Owner Name Columbia Village Luis Agudo Salman Ali Gary Anderson Morris Ballingrud Allen Bestland Eric Betzler Lester Chies Meredith Coleman Chad Corbett Willam Dankel William Dankel Bruce Ebner Christine Fagnan-Olson Vicente Gavilan Michael Gondek LeDora Hankton Jay Harris Kenneth Henke David Holton Marge Janson Angela Johnson Gerald Johnson Robert Koponen Robert Koponen Matt Kraft Delroy LaFromboise Larry Larson Leo Lemke Leo Lemke John Majewski Richard Meissner Kathleen Mills Kenneth Myhre Stephen Peterson John Ranweiler Mohmoud Rifai Mahmoud Rifai Mahmoud Rifai Mahmoud Rifai Allen Ringate Property Address 1675 44th Avenue 1319 Circle Terrace 1224 Circle Terrace 4630 Taylor Street 3940 Johnson Street 838 41 st Avenue 1140 45th Avenue 980 44th Avenue 4616 Taylor Street 4601 Taylor Street 660 47-1/2 Avenue 666 47-1/2 Avenue 3928 Central Avenue 4600 Johnson Street 4636 Washington Street 344 40th Avenue 1428 42nd Avenue I"065 Polk Place 4415 2-1/2 Street 656 47-1/2 Avenue 1'236 Circle Terrace 1815 41.st Avenue 4655 'Polk Street 1035 P~k Place 3930'Johnson Street 3830 Reservoir BIvd 3746 3rd Street 1087 Polk Circle 4655 University Avenue 4649 University Avenue 3825 Johnson Street 4643 Pierce Street 1129 Cheery Lane 1143 Cheery Lane 1008 Gould Avenue 4648 Taylor Street 1201 37th Avenue 1137 37th Avenue 3985 Johnson Street 1069 Polk Place 1300 45-1/2 Avenue /24/2003 10:35 Page 1 :cupany I.D. :)118 3247 :)125 :)077 :)017 :)333 :)063 )070 )007 Property Owner Name Thomas Sathre Nelia Schaff Courtney Schuur Tad Sonneman Richard Stueland John Utke Mario Valtierrez Stanley Van Blaricom Robed Vandeveer Property Address 4625 Tyler Street 4228 Madison Street 628 38th Avenue 4630 Washington Street 1035 45th Avenue 3849 Jackson Street 3849 Edgemoor Place 4500 Tyler Street 4636 Taylor Street 24/2003 10:35 Page 2 CITY COUNCIL LETTER Meeting off October 27, 2003 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: License Department APPROVAL ITEM:LicenseAgendat'" AFl BY:ShelleyHanson (~. DATE~~ NO: ,D- FI.-"'I DATE: Oct. 24, 2003 ~ BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the October 27, 2003 City Council meeting. This agenda consists of applications for Contractor licenses for 2003. Also included on the agenda are the renewals for calendar year 2003 that have been received and approved to date. These include renewals for fuel dispensing devices, auto sales, motor vehicle rental, tobacco sales, secondhand dealers, off sale beer, games of skill, and liquor for 2004. Also listed on the agenda is the renewal of a Currency Exchange License for Money Xchange at 4110 Central Ave. This type of business is actually licensed by the State of MN. However, pursuant to MN Statute 53A.04, the State is required to submit the application to the governing body of the municipality in which the business operates. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this application to the Police Department, and they see no reason to deny the renewal of this 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 October 27, 2003 as presented regarding the new licenses for 2003 and the renewals for 2004. COUNCIL ACTION: TO CITY COUNCIL October 27, 2003 *Signed Waiver Form Accompanied Application 2003 BUSINESS LICENSE AGENDA BLDG CONTRACTORS LICENSES *T & G Drywall 2521 E 3rd Ave. No St. Paul *Industrial Utilities Inc. P.O. Box 76, Hugo ****LICENSES FOR 2004**** ZONING AUTO SALES *Newport Auto Sales 5101 University Ave NE ZONING MOTOR VEHICLE RENTAL *Columbia Heights Rental 3901 Central Ave NE FIRE GAS DISPENSING DEVICES *Columbia Heights Rental 3901 Central Ave NE *Holiday Stationstores 4259 Central Ave NE *Speedway Superamerica 5000 Central Ave NE POLICE GAMES OF SKILL *American Amusement Arcades-Madys's 5 games -Star Bar 23 games POLICE CIGARETTES/TOBACCO SALES *Holiday Stationstores 4259 Central Ave NE *Speedway Superamerica 5000 Central Ave NE *Totem Foods 4635 Central Ave NE POL, FIRE, BLDG, ZA SECONDHAND DEALER *Salvation Army ARC 3939 Central Ave NE POL, FIRE, BLDG, ZA OFF SALE BEER *Totem Foods 4635 Central Ave NE POL, FIRE, BLDG, ZA LIQUOR/SUNDAY LICENSE *Buffalo Wild Wings 4811 Central Ave NE CURRENCY EXCHANGE LICENSE RENEWAL $50.00 $50.00 $20O $50.00 $50.00 $180 $140 $9O $360 $200 $200 $200 $100 $150 8200.00 POLICE *Money Xchange 4110 Central Ave NE STATE LIC. CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT co.cra ~T~G OF: ~~ :2.7, ~o~ 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 ~0~u("/'2-- through I 0fT~ in the amount of $ I' ! I~lq ~7.q)~ 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~CIAL SYSTEM CITY OF COL~BIA HEIGHTS 10/24/2003 08:52:40 Check History GL050S-V06.55 COVERPAGE GL540R * *** C 0 U N C I L *** * * *** C O U N C I L *** * * *** C 0 U N C I L *** * * *** C O U N C I L *** * Report Selection: Optional Report Title ....... 10/27/03 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 105472 thru 105682 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 10/24/2003 08 Check History 10/27/03 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT AISH/MATTHEW AUSTIN/LENNY BECKETT/JASON BONESTEEL/PAUL CHERNIN/ALEKSANDR DIETZ/VAL DOWNING/CHRIS ELRITE/WILLIAM FEHST~WALTER FIELD/MATTHEW FISCHER/TED GOURAS/TIMOTHY HACHEY/BRIAN HJkNSEN/KEVIN HINRICHS/RICHARD JOHNSON/SCHAWN JOHNSON/THOMAS JOHNSON/TIMOTHY JOHNSTON/ERIK KALLASTAD/GARY KOLOSKY/STEPHEN KORTS/STEVEN KUEHN/JEAN LARKIN/JOHN LOADER/M.REBECCA MAGEE/LINDA MARKHAM/MATTHEW MCCLANAHAN/LAUREN MCGEE/MICHAEL NIGHTINGALE/TERENCE O'BRIEN/DANIEL OKERSTROM/LEE OLSON/CHERAY OLSON/GREG RODDY/WILLIAM SCHMIDT/WILLIAM SCHUMACHER/RANDY SCOTT/LARRY SINN/GREGORY SMITH/ROXANE SORENSEN/DALE STURDEVANT/JOSEPH SYNOWCZYNSKI/STEVE TUBBS/MARSHA WIBORG/FRED AARP AMERICAN BOTTLING COMPAN CITY OF COLUMBIA HEIGHTS GL540R-V06.55 PAGE 1 CHECK NUMBER AMOUNT 105472 900.00 105473 900.00 105474 900.00 105475 900.00 105476 900.00 105477 900.00 105478 700.00 105479 1,100.00 105480 1,100.00 105481 800.00 105482 900.00 105483 700.00 105484 700.00 105485 1,100.00 105486 800.00 105487 700.00 105488 1,100.00 105489 700.00 105490 900.00 105491 900.00 105492 800.00 105493 900.00 105494 700.00 105495 800.00 105496 1,100.00 105497 1,100.00 105498 900.00 105499 900.00 105500 900.00 105501 900.00 105502 800.00 105503 900.00 105504 700.00 105505 700.00 105506 1,100.00 105507 900.00 105508 900.00 105509 900.00 105510 900.00 105511 1,100.00 105512 900.00 105513 900.00 105514 700.00 105515 700.00 105516 900.00 105517 180.00 105518 64.65 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 10/24/2003 08 Check History GL540R-V06.55 PAGE 2 10/27/03 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT AMERICAN INTERTRADE ANOKA HENNEPIN TECH COLL BARNA/IRENE CHOICE POINT SERVICES DEFENSIVE EDGE INC GENOSKY/PAMELA GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON BROS. LIQUOR CO. KELLY SIGNS & NEON LLC MN DEPART OF ECONOMIC SE MN DEPT OF ADMINISTRATIO ONVOY PALMQUIST/MYRTLE PETTY CASH - MARY DUGDAL QWEST COMMUNICATIONS RITTMILLER/RANDY & LORI RODDY/WILLIAM ROMANIAN CLASSIC WINE SAMS CLUB STEPHENS/IRENE SUPERIOR FORD INC. SZAFLARSKI/CHESTER THORSON/ERICA WINDSCHITL/KEITH WPPGAARD/MARIE XCEL ENERGY (N S P) WELLS FARGO - PAYROLL AC WELLS FARGO - PAYROLL AC NORTHEAST STATE BANK AMUNDSEN/PENNY ANOKA COUNTY CENTER POINT ENERGY MINN CITY OF NEW BRIGHTON GENUINE PARTS/NAPA AUTO HARTER/BARBARA J & S MARKETING JOHNSON BROS. LIQUOR CO. KILGORE/GINA NELSON/MEREDITH OLD LOG THEATRE OSMAN/OLA PETTY CASH - JOANNE BAKE PETTY CASH - KAREN MOELL WAL-MART XCEL ENERGY (N S P) CHECK NUMBER 105519 105520 105521 105522 105523 105524 105525 105526 105527 105528 105529 105530 105531 105532 105533 105534 105535 105536 105537 105538 105539 105540 105541 105542 105543 105544 105545 105546 105547 105548 105549 105550 105551 105552 105553 105554 105555 105556 105557 105558 105559 105560 105561 105562 105563 105564 105565 AMOUNT 75 00 125 00 44 00 168 00 45O 00 256 16 90 83 895 00 744 30 991 75 475 00 1,181 70 475 85 24 95 37 00 138 15 105 08 3,000 00 172 42 456 00 163 81 44 00 21,291 00 44 00 256 70 4 89 3 95 391 30 110,905 79 57,003 80 445,000 00 109 44 3,943 92 70 99 2,350 00 137 00 1,600 00 215 60 21,154 01 32 77 96 61 2,283 75 125 00 86 31 172 30 100 00 8,989 47 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 10/24/2003 08 Check History GL540R-V06.55 PAGE 3 10/27/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT B/kNK CHECKING ACCOUNT ABM EQUIPMENT ACE HARDWARE ADAM'S PEST CONTROL, INC AID ELECTRIC SERVICE INC ALL SAFE FIRE & SECURITY ALPHA VIDEO AMERIPRIDE AMOKA COUNTY LIBRARY ANOKA CTY - CENTRAL COMM ARCTIC GLACIER ASPEN MILLS, INC. ASSOC OF TRAINING OFFCRS BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BATTERIES PLUS BEN FRANKLIN ELECTRIC BOOK WHOLESALERS INC BROCK WHITE CO. BRODART BRYAN ROCK PRODUCTS, INC BUREAU OF CRIMINAL APPR C & H CONSTRUCTION CAMDEN PET HOSPITAL CAPITOL FURNITURE SALES CATCO PARTS SERVICE CINTAS FIRST AID-SAFETY CITY PAGES CLARK PRODUCTS INC CONNELLY INDUSTRIAL CREST VIEW CORPORATION CSC CREDIT SERVICES CYS UNIFORMS DAHLGREN SHARDLOW & UBAN DALCO ENTERPRISES INC DEHN OIL DEMCO DETERMAN BROWNIE, INC DISPLAY SALES DLT SOLUTIONS ECONO-CLAD BOOKS EHLER & ASSOCIATE-PUBLIC ELECTION SYSTEMS & SOFTW ELLISON EDUCATIONAL EQUI EMERGENCY AUTOMOTIVE TEC FLEX COMPENSATION, INC FLEXIBLE PIPE TOOL CO. 105566 296 105567 484 105568 66 105569 6,408 105570 49 105571 14,993 105572 66 105573 2,021 105574 1,406 105575 94 105576 282 105577 30 105578 1,207 105579 97 105580 13,434 105581 18 105582 386 105583 208 105584 28 105585 166 105586 3,056 105587 630 105588 1,200 105589 2,541 105590 393 105591 183 105592 28 105593 450 105594 227 105595 271 105596 13,474 105597 25 105598 23 105599 2,207 105600 100 105601 633 105602 7 105603 820 105604 125 105605 1,622 105606 53 105607 10,150 105608 160 105609 100 105610 4,085 105611 152 105612 1,928 .23 .26 .56 .00 .90 .23 .94 .67 .00 .56 .80 .00 .09 .02 .00 .09 .00 .84 .41 .25 27 00 00 00 24 86 36 00 81 47 13 00 06 06 26 40 83 00 67 40 13 00 37 00 31 25 18 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 10/24/2003 08 Check History GL540R-V06.55 PAGE 4 10/27/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT G & K SERVICES GENUINE PARTS/NAPA AUTO GOPHER BEARING COMPANY GRAYBAR ELECTRIC GREAT AMERICAN MARINE GUARDIAN POOL SERVICES HAB INC HARVEST INTERIORS HEIGHTS ELECTRIC INC. HOISINGTON KOEGLER GROUP HOME DEPOT #2802 HONEYWELL INC IPC PRINTING LBP MECHANICAL INC LEAGUE OF MINNESOTA CITI LEAGUE OF MN CITIES INS LUBE-TECH MAC QUEEN EQUIPMENT CO. MENARDS CASHWAY LUMBER-F METROPOLITAN COUNCIL WAS MGS PROFESSIOAL BUILDING MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MN DEPT OF ADMINISTRATIO MN UTILITY CONTRACTORS A MYERS TIRE SUPPLY COMPAN NATIONAL WATERWORKS, INC NELSON CHEESE AND DELI NOAA NATIONAL DATA CENTE NORTHERN AIR NORTHERN TOOL & EQUIPMEN NOTT CO O'GARA/ANDREW OFFICE DEPOT ONE-CALL CONCEPT-GOPHER ORKIN PAM OIL INC PARKVIEW VILLA RESIDENT PETERSON/RONALD PFC EQUIPMENT, INC PREMIUM WATERS INC RADIO SHACK RDO EQUIPMENT REGION TRUCK EQUIPMENT I RESOURCE DOCUMENTS & ADV 105613 105614 105615 105616 105617 105618 105619 105620 105621 105622 105623 105624 105625 105626 105627 105628 105629 105630 105631 105632 105633 105634 105635 105636 105637 105638 105639 105640 105641 105642 105643 105644 105645 105646 105647 105648 105649 105650 105651 105652 105653 105654 105655 105656 105657 105658 105659 409 65 163 03 73 21 120 48 228 54 595 64 219 00 963 00 9 50 2,192 58 12 06 17,355 50 1,389 73 3,153 04 11,076 00 100,445 50 235 23 73 80 109 57 62,382 67 1,585 00 582 94 477 90 76,042 18 10 22 37.00 300.00 143.50 987.98 46.27 34.00 6,200.00 7.44 659.74 155.76 1,022.79 156.55 55.40 101.68 645.75 532.49 31.30 28.77 74.54 31.49 2,464.62 308.34 ACS FINANCIAL SYSTEM 10/24/2003 08 Check History 10/27/03 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT RETAIL DATA SYSTEMS OF M SAGE PUBLICATIONS SAM GIBSON SEWER COMPANY SCHOLASTIC LIBRARY PUBLI SCRANTON GILLETTE COMM SIGN LANGUAGE & GOLDEN A STATE OF MINN-DEPT OF CO STREICHER'S GUN'S INC/DO SUN PUBLICATION SUNDBERG COMPANY SURPLUS SERVICES SYSTEMS SUPPLY INC. TOXALERT, INC. TUBBS/MARSHA UNITED RENTALS UNIVERSITY OF MINNESOTA VALPAK OF MINNEAPOLIS/ST VERIZON WIRELESS WALL STREET JOURNAL/THE WERNER ELECTRIC SUPPLY C WESTON WOODS ZIEGLER INC 10,000 LAKES CHAPTER CHECK NL~MBER 105660 105661 105662 105663 105664 105665 105666 105667 105668 105669 105670 105671 105672 105673 105674 105675 105676 105677 105678 105679 105680 105681 105682 CITY OF COLUMBIA HEIGHTS GL540R-V06.55 PAGE 5 AMOUNT 398.33 25.00 80.00 134.58 45.00 82.91 373.32 1,194.39 953.35 15.95 37.00 77.18 441.00 19.14 520.24 775.00 1,400.00 6.28 189.00 53.50 167.67 283.96 10.00 1,113,937.34 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 10/24/2003 08 Check History GL540R-V06.55 PAGE 6 10/27/03 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 1,113,937.34 RECORDS PRINTED - 000742 ACS FINANCIAL SYSTEM 10/24/2003 08:52:42 FUND RECAP: FUND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKVIEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 213 PARKVIEW VILLA SOUTH 225 CABLE TELEVISION 235 RENTAL HOUSING 240 LIBRARY 276 LOCAL LAW ENFORCE BLK GRANT 415 CAPITAL IMPROVEMENT - PIR 420 CAP IMPROVEMENT-DEVELOPMENT 439 FIRE CAPITAL EQUIPMENT 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 652 SEWER CONSTRUCTION FUND 653 STORM SEWER CONSTRUCT. FLrND 701 CENTRAL GA3~AGE 720 DATA PROCESSING 883 CONTRIBUTED PROJECTS-GEN 884 INSURANCE 885 ESCROW 886 INqfESTMENT TRUST 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 67,639.98 2,350.00 14,550.47 632.79 7,247.82 14,993.23 273.51 6 175.92 1 124.19 3 362.82 18 195.95 6 408.00 78 158.37 66 380.98 820.00 1,656.26 37,055.83 4.25 1,600.00 9,643.18 24.95 22,636.30 100,445.50 207,404.79 445,000.00 152.25 1,113,937.34 CITY OF COLUMBIA HEIGHTS GL060S-V06.55 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 1,113,937.34 1,113,937.34 CITY COUNCIL LETTER Meeting of: October 27, 2003 AGENDA SECTION: Items for ORIGINATING DEPT.: CITY MANAGER Consideration Bldg. Inspection APPROVAL NO: '~'A-/ Permit/Plan Review Fee Schedule and & Hanson r/i,- Refund Policy NO: DATE: Oct. 22, 2003 When we adopted the MN State Building Code by Ordinance 1456 in May of 2003, the new code did not include a permit fee schedule. Cities have the option of adopting a fee schedule that has been used in the past or develop a new one. As a matter of housekeeping our legal counsel advised that we need to adopt the fee schedule again since it was last adopted in 1998 along with the 1997 Building Code that has been superceded with the adoption of the new code. Therefore, staff is recommending the adoption of the Building Fee Schedule that is attached. There has been no change to the fees. This is merely a procedural matter that is a requirement of the new Building Code. Staff also recommends the Council establish a refund policy required by the new code. The policy states that the Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Building Official may also authorize refunding of not more than 80 percent of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall only authorize refunding of any fee paid when a written request has been submitted by the original applicant not later than 180 days after the date of fee payment. RECOMMENDED MOTION: Move to waive the reading of Ordinance #1463, there being ample copies available to the public. Move to adopt Ordinance #1463, being an Ordinance adopting the permit fee schedules for Building Construction, Plumbing/Gas Piping, Heating/Cooling, Fire Suppression, Wrecking and Moving, Signs and other related construction work; providing for the collection of the State Surcharge Fee; and formally establishing a refund policy as required by the MN State Building Code. COUNCIL ACTION: ORDINANCE 1463 BEING AN ORDINANCE ADOPTING THE PERMIT FEE SCHEDULES FOR BUILDING CONSTRUCTION, PLUMBING/GAS, PIPING, HEATING/COOLING, FIRE SUPPRESSION, WRECKING AND MOVING, SIGNS AND OTHER RELATED CONSTRUCTION WORK; PROVIDING FOR THE COLLECTION OF PLAN REVIEW FEES; PROVIDING FOR THE COLLECTION OF THE STATE SURCHARGE FEE; AND FORMALLY ESTABLISHING A REFUND POLICY AS REQUIRED BY THE MN STATE BUILDING CODE. Section 1. Permit Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statutes 16B.62, subdivision 1. Therefore, Fees for Permits and Plan Reviews will be assessed in accordance with the attached Fee schedule that is being adopted by the City of Columbia Heights. In addition, a surcharge fee shall be collected on all permits issued for work govemed by this MN State Building Code in accordance with MN Statute 16B.70. Section 2. Refund Policy. As required by the Minnesota State Building Code the following refund policy will be adopted as part of this Ordinance. The Building Official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with the code. The Building Official may also authorize refunding of not more than 80 percent of the plan review fee when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The Building Official shall only authorize refunding of any fee paid when a written request has been submitted by the original applicant not later than 180 days after the date of fee payment. Section 4. Effective Date of Ordinance. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Patty Muscovitz, Council Secretary BUILDING PERMIT FEES CITY OF COLUMBIA HEIGHTS Valuation Fee Valuation Fee $ 0 - 800 801 - 900 901 - 1,000 1,001 - 1,100 1.101 - 1,200 1,201 - 1,300 1,301 - 1,400 1,401 - 1,500 1,501 - 1,600 1,601 - 1,700 1,701 - 1,800 1,801 - 1,900 1,901 - 2,000 2,001 - 3,000 3,001 4,000 4,001 - 5,000 5,001 - 6,000 6,001 - 7,000 7,001 - 8,000 8,001 - 9,000 9,001 - 10,000 10,001 - 11,000 11,001 - 12,000 12,001 -13,000 13,001 -14,000 14,001 -15,000 15,001 -16,000 16,001 -17,000 17,001 -18,000 18,001 -19,000 19,001 -20,000 20,001 -21,000 21,001 -22,000 22,001 -23,000 23,001 -24,000 24,001 -25,000 35.00 35.70 38.75 41.80 44.85 47.90 50.95 54.00 57.05 60.10 63.15 66.20 69.25 83.25 97.25 111.25 125.25 139.25 153.25 167.25 181.25 195.25 209.25 223.25 237.25 251.25 265.25 279.25 293.25 307.25 321.25 335.25 349.25 363.25 377.25 391.25 25,001 -26,000 26,001 - 27,000 27,001 28,000 28,001 - 29,000 29,001 - 30,000 30,001 - 31,000 31,001 - 32,000 32,001 - 33,000 33,001 - 34,000 34,001 - 35,000 35,001 - 36,000 36,001 - 37,000 37,001 - 38,000 38,001 - 39,000 39,001 - 40,000 40,001 - 41,000 41,001 - 42,000 42,001 - 43,000 43,001 - 44,000 44,001 - 45,000 45,001 - 46,000 46,001 - 47,000 47,001 - 48,000 48,001 - 49,000 49,001 - 50,000 50,001 - 51,000 51,001 - 52,000 52,001 - 53,000 53,001 - 54,000 54,001 - 55,000 55,001 - 56,000 56,001 - 57,000 57,001 - 58,000 58,001 - 59,000 401.35 411.45 421.55 431.65 441.75 451.85 461.95 472.05 482.15 492.25 502.35 512.45 522.55 532.65 542.75 552.85 562.95 573.05 583.15 593.25 603.35 613.45 623.55 633.65 643.75 650.75 657.75 664.75 671.75 678.75 685.75 692.75 699.75 706.75 Page 2 Valuation F,,.ee Valuation Fee $ 59,001 - 60,000 60,001 - 61,000 61,001 62,000 62,001 63,000 63,001 64,000 64,001 65,000 65,001 66,000 66,001 67,000 67,001 68,000 68,001 - 69,000 69,001 70,000 70,001 o 71,000 71,001 - 72,000 72,001 - 73,000 73,001 - 74,000 74,001 o 75,000 75,001 - 76,000 76,001 - 77,000 77,001 - 78,000 78,001 - 79,000 79,001 - 80,000 80,001 - 81,000 81,001 - 82,000 82,001 - 83,000 83,001 - 84,000 84,001 - 85,000 85,001 - 86,000 86,001 - 87,000 87,001 - 88,000 88,001 - 89,000 89,001 - 90,000 90,001 - 91,000 91,001 - 92,000 92,001 - 93,000 93,001 - 94,000 94,001 - 95,000 95,001 - 96,000 96,001 - 97,000 97,001 - 98,000 98,001 - 99,000 99,001 -100,000 100,001 -101,000 101,001 -102,000 102,001 -103,000 103,001 -104,000 104,001 -105,000 105,001 -106,000 713.75 720.75 727.75 734.75 741.75 748.75 755.75 762.75 769.75 776.75 783.75 790.75 797.75 804.75 811.75 818.75 825.75 832.75 839.75 846.75 853.75 860.75 867.75 874.75 881.75 888.75 895.75 902.75 909.75 916.75 923.75 930.75 937.75 944.75 951.75 958.75 965.75 972.75 979.75 986.75 993.75 999.35 1,004.95 1,010.55 1,016.15 1,021.75 1,027.35 106,001 -107,000 107,001 -108,000 108,001 -109,000 109,001 -110,000 110,001 -111,000 111,001 -112,000 112,001 -113,000 113,001 -114,000 114,001 -115,000 115,001 -116,000 116,001 -117,000 117,001 -118,000 118,001 -119,000 119,001 -120,000 120,001 -121,000 121,001 -122,000 122,001 -123,000 123,001 -124,000 124,001 -125,000 125,001 -126,000 126,001 -127,000 127,001 -128,000 128,001 -129,000 129,001 -130,000 130,001 -131,000 131,001 -132,000 132,001 -133,000 133,001 -134,000 134,001 -135,000 135,001 -136,000 136,001 -137,000 137,001 -138,000 138,001 -139,000 139,001 -140,000 140,001 -141,000 141,001 -142,000 142,001 -143,000 143,001 -144,000 144,001 -145,000 145,001 -146,000 146 001 -147,000 147.001 -148,000 148 001 -149,000 149001 -150,000 150.001 -151,000 151.001 -152,000 152 001 -153,000 1032.95 1038.55 1044.15 1049.75 1055.35 1060.95 1066.55 1072.15 1077.75 1083.35 1088.95 1094.55 1100.15 1105.75 1111.35 1116.95 1122.55 1128.15 1133.75 1139.35 1144.95 1150.55 1156.15 1161.75 1167.35 1172.95 1178.55 1184.15 1189.75 1195.35 1200.95 1206.55 1212.15 1217.75 1223.35 1228.95 1234.55 1240.15 1245.75 1251.35 1256.95 1262.55 1268.15 1273.75 1279.35 1284.95 1290.55 Valuation 154,001 - 155,000 155,001 - 156,000 156,001 - 157000 157,001 - 158000 158,001 - 159000 159,001 - 160.000 160,001 - 161000 161,001 - 162 000 162,001 - 163 000 163,001 - 164 000 164,001 - 165,000 165,001 - 166,000 166,001 - 167,000 167,001 - 168,000 168,001 - 169,000 169,001 - 170,000 170,001 - 171,000 171,001 - 172,000 172,001 - 173,000 173,001 - 174,000 174,001 - 175,000 175,001 - 176,000 176,001 - 177,000 177,001 - 178,000 178,001 - 179,000 179,001 - 180,000 180,001 - 181,000 181,000 - 182,000 182,001 - 183,000 183,001 - 184,000 184,001 - 185,000 185,001 - 186,000 186,001 - 187,000 187,001 - 188,000 188,001 - 189,000 189,001 - 190,000 190.001 - 191,000 191.001 - 192,000 192.001 - 193,000 193.001 - 194,000 194.001 - 195,000 195.001 - 196,000 196.001 - 197,000 197.001 - 198,000 198.001 - 199,000 199.001 - 200,000 200.001 - 201,000 Fee 1,296.15 1,301.75 1,307.35 1,312.95 1.318.55 1324.15 1.329.75 1.335.35 1.340.95 1.346.55 1.352.15 1,357.75 1,363.35 1,368.95 1,374.55 1,380.15 1,385.75 1,391.35 1 396.95 1402.55 1 408.15 1 413.75 1419.35 1 424.95 430.55 1,436.15 1,441.75 1 447.35 1 452.95 1 458.55 1464.15 1 469.75 1 475.35 1480.95 1 486.55 1,492.15 1,497.75 1.503.35 1 508.95 1 514.55 1 520.15 1 525.75 1 531.35 1 536.95 1542.55 1 548.15 1 553.75 Page 3 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 of valuation plus $5.60 for each additional $1,000.00 or fraction thereof up to and including $500,000.00. $500.001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 of value or fraction thereof to and including $1,000,000.00. $1,000,001.00andup $5,608.75 for the first $1,000,000.00 of value plus $3.65 for each additional $1,000.00 of value or fi'action thereof. Plan Review Fees 65% of Permit Fees Investigation Fees - Equal to and in addition to permit fee. Surcharge: Value x .0005 with minimum charge of $.50 HEATING/COOLING PERMITS Fees for Residential Mechanical Permits shah be calculated as follows on a per unit basis, with a minimum permit fee of $35.00. Surcharges shah be a fiat $.50 per permit. Air Conditioner $25 Air to Air Exchanger $15 Chimney liner $10 Ductwork $10 Fireplace (Gas or Wood) $50 Furnaces/boilers up to 125,000 btu input $50 Furnaces/boilers over 125,000 btu input $75 Gas Dryer $10 Gas Piping $10 Gas Range/Oven $10 Gas Grill $10 Pool Heater $10 Fees for Commerical/lndustrial/Institutional Mechanical Permits will be based on total cost of work calculated by using the Building Permit Fee Schedule. The total cost of work shall include all labor and materials supplied by the contractor. The minimum Permit fee shall be $35.00. The surcharge shall be calculated by taking the value x .0005 PLUMBING/GAS PIPING PERMITS Residential Permit Fees shall be computed on the basis of the number of fixtures provided for in the permit in accordance with the following schedule: Residential is defined as single family, two family dwelling, townhouse unit and multi-family unit. Fees for Group "A" fixtures at $10.00 each with a minimum fee of $35.00 Bathtub floor drain sink Bidet pool heater water closet Backflow prev. laundry tray Washer Dryer lavatory Water softener Dishwasher shower Water Heater Gas Piping Water supply-inside Sewer repair-inside Water supply-outside Sewer supply-outside Surcharges for all plumbing permits are a flat $.50 when there is a Permit Fee under $1,000. Fees for Commercial/Industrial/Institutional Plumbing Installations/Repairs will be based on the total cost of the work calculated by using the Building Permit Fee Schedule. The total cost of the work shall include all labor and materials supplied by the Contractor. The Minimum Fee shall be $35.00. The surcharge shall be calculated by taking the value x .0005 SEWER/WATER PERMITS Permits will be required for aH installation, alterations, repairs of any domestic water or sewer lines, commercial water/sewer lines or any water line to be used for fire suppression systems. For any job requiring City crews to make a water or sewer tap, the Contractor must provide an OSHA approved trench box before City Crews will perform tapping operations. Fees will be $35 plus parts and tax when applicable. Surcharges will be a flat $.50 for aH sewer/water permits when permit fee is under $1,000. PERMITS FOR WATER METERS The fees collected for the installation of water meters for residential, commercial, industrial, institutional installations will be calculated at 15% over the cost of the meter, plus sales tax. No surcharge wffi be collected. FIRE SUPPRESSION/SPRINKLER PERMITS Permit fees and surcharge will be figured by using the same fee chart as for Building Permits based on the cost of the job. DEMOLITION PERMITS Permit fees and surcharges will be based on same schedule as for a building permits, based on the cost of the job. MOVING PERMITS Fees for the moving or raising of any minor building such as a utility building or garage will be calculated at a fee of $50.00 per structure. Fees for the moving or raising of all other building will be calculated at a fee of $100 per structure. Permits will be require if passing through the City off of US Highways or County streets. Fees to be calculated at $50 per structure. INSTALLATION/REMOVAL of FLAMMABLE/COMBUSTIBLE STORAGE TANKS and LP GAS TANKS Fees for the installation, removal, or alteration of any above ground or below ground storage tanks or LP tanks will be calculated at $30 per tank. All installations must be approved by the State Fire Marshall and local Fire Dept. STREET EXCAVATION/DUMPSTER PERMITS Permits are obtained at the Public Works Dept. Fees will be charged for the permits, but no surcharge is collected. CITY COUNCIL LETTER Meeting of October 27, 2008 AGENDA SECTION: Resolution ~-/~- 2. ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE__~ APPROVAL:/ ITEM: Accept 2003-2004 Federal Law Enforcement BY: Thomas M. Johnson~ BY: /,~//~'~/ ~-- NO Block Grant for $12,616 and appropriating DATE: October 15, 2003 o'~,. XJ DA matching funds from Police Dept. budget BACKGROUND The Columbia Heights Police Department has been granted an equipment block grant by the U. S. Department of Justice in the amount of $12,616. In order to accept this grant, the City must agree to a match of $1,402. The Department would like to use this money to pay for equipment we would not normally be able to afford. This would include miscellaneous equipment, computer equipment, squad car equipment, officer safety equipment, etc. ANALYSIS/CONCLUSION At the present time, it appears there would be adequate funds available in the 2003 Police Department budget to cover this match. The grant will be available to us after a public heating to review those items we would like to purchase. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies for the public. RECOMMENDED MOTION: Move to adopt Resolution 2003-46 accepting the 2003-2004 Federal Law Enforcement Block Grant in the amount of $12,616, and appropriating $1,402 in matching funds to come from unexpended funds in the 2003 Police Department Budget. RECOMMENDED MOTION: Move to set November 10, 2003, as the date for a public hearing to review and approve the list of equipment to be purchased with this grant. TM J: mld 03-140 COUNCIL ACTION: RESOLUTION 2003-46 BEING A RESOLUTION ACCEPTING LOCAL LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATING MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $12,166 in an equipment block grant from the U.S. Department of Justice for the purpose of funding equipment, and WHEREAS, a condition of the grant is that the City provide $1,402 in local match for this grant, and WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation for this grant. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled a "Local Law Enforcement Equipment Block Grant Program" for the period October 1, 2002, to September 30, 2004. 2. That $1,402 be appropriated from unexpended funds in the Police Department 2003 budget to pay the local match. Passed this day of ,2003. Offered by: Second by: Roll Call: Julienne Wyckoff, Mayor Patricia Muscovitz, Council Secretary U.S. Department of Justice Office of Justice Programs Bureau o f Justice ~lssistance Office of the Director Fgashington, D.C. 20531 September 4, 2003 Ms. Wyckoff Mayor, Columbia Heights City 590 40th Ave. NE Columbia Heights, MN 55421-3878 RE: Fiscal Year 2003 Local Law Enforcement Block Grants Program Dear Ms. Wyckoff: I am pleased to inform you that I have approved the application for funding under the · Bureau of Justice Assistance's (BJA) Fiscal Year 2003 Local Law Enforcement Block Grants (LLEBG) Program in the amount of $12,616 for Columbia Heights City. The purpose of the LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may be used for any of the purpose areas described in the statute. Enclosed you will find the Grant Award and Special Conditions documents. If you have any programmatic questions regarding this award, please contact BJA's Programs Office at (202) 514-6638. In addition, all financial questions regarding this award should be directed to the Office of the Comptroller, Customer Service Division at (800) 458-0786. I look forward to a continuing partnership with Columbia Heights City in furtherance of this important criminal justice program. Sincerely yours, C. Camille Cain Acting Director Attachments U.S. Department of Justice Office of Justice Programs Offce for Civil Rights Washington, D.C. 20531 September 4, 2003 Ms. Wyckoff Mayor, Columbia Heights City 590 40th Ave. NE Columbia Heights, MN 55421-3878 Dear Grant Recipient: Congratulations on your recent award. Because you have submitted Certified Assurances that your agency is in compliance with applicable civil fights laws, this office has determined that you have met this requirement in the Department of Justice regulations governing recipients of Federal financial assistance (see 28 C.F.R. sec. 42.204, Applicants' Obligations). As Director of the Office for Civil Rights (OCR), Office of Justice Programs, I would like to offer you my assistance in completing the conditions of these Assurances, specifically Nos. 13, 14, and 15, as the grant goes forward. As you know, equal opportunity for the participation of women and minority individuals in employment and services provided under programs and activities receiving Federal financial assistance is required by law. Therefore, if there has been a federal or state court or administrative agency finding of discrimination against your agency, please forward a copy of such order or consent decree, as required by Assurance No. 14, to OCR at the U.S. Department of Justice, Office of Justice Programs, Office for Civil Rights, 810 Seventh Street, N.W., Room 8136, Washington, D.C. 20531. Additional Instructions For Grantees Receiving $500,000 Or More: In accordance with Assurance No. 15, each grantee that receives $500,000 or more (or $1,000,000 in an 18- month period), and has 50 or more employees, must submit an Equal Employment Opportunity Plan (EEOP)within 60 days from the date of this letter to OCR at the above address. ~ Alternatively, the grantee may choose to complete an EEOP Short Form, in lieu of sending its own comprehensive EEOP, and return it to OCR within 60 days of the date of this letter. This easy-to-follow EEOP Short Form reduces paperwork and preparation time considerably and will ensure a quicker OCR review and approval. The enclosed Seven-Step Guide to the Design and Development of an EEOP (which includes an EEOP Short Form) will assist you in completing this requirement. Please be reminded that the above requirements apply to primary grantees and to each of their subgrantees or contractors that meet the criteria outlined in this letter. Therefore, all primary grantees should apprise subgrantees of these responsiblities and those meeting the criteria should send their EEOPs or EEOP Short Forms directly to the Office for Civil Rights within 60 days of the date ofthei NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. PURSUANT TO THE SPECIAL CONDITION REGARDING EEOPs GOVERNING THIS AWARD, RECIPIENT ACKNOWLEDGES THAT FAILURE TO SUBMIT AN ACCEPTABLE EEOP IS A VIOLATION OF ITS CERTIFIED ASSURANCES AND MAY RESULT IN SUSPENSION OF DRAWDOWN OF FUNDS UNTIL EEOP HAS BEEN APPROVED BY THE OFFICE FOR CIVIL RIGHTS. /Idditional Instructions For Grantees Receiving $25,000 Or More, But Under $500,000: Pursuant to Department of Justice regulations, each grantee that receives $25,000 or more and has 50 or more employees is required to maintain an Equal Employment Opportunity Plan (EEOP) on file for review by OCR upon request. (However, if the grantee is awarded $1,000,000 in an eighteen (18) month period, it must submit an acceptable EEOP to OCR.) Please complete the applicable section of the attached Certification Form and return it to OCR within 60 days of the NOTE: If agency has under 50 employees, regardless of amount of award, no EEOP is required; however, grantee must return applicable portion of Certification Form to OCR within 60 days. If you have already sulanitted an EEOP as part of another award from the Office of Justice Programs (OJP) or the Office of Community Oriented Policing S~rvices (COPS) wilhin this grant period, or if you have certified that no EEOP is requir~d, it is not n~cessary for you to sul~nit another at this time. Simply s~nd a copy of~he lcttcr you received from OCR showing fl~at your EEOP or certification is a~eptable. Additional Instructions For Grantees Receiving Under $25,000: A recipient of under $25,000 is not required to maintain or submit an Equal Employment Opportunity Plan (EEOP) in accordance with Assurance No. 15. No Certification is required. Instructions for All Grantees: In addition, ali recipients, regardless of their type, the monetary amount awarded, or the number of employees in their workforce, are subject to the prohibitions against discrimination in any funded program or activity. Therefore, OCR, investigates complaints by individuals or groups alleging discrimination by a recipient of OJP funding; and may require all recipients, through selected compliance reviews, to submit data to ensure their services are delivered in an equitable manner to all segments of the service population and their employment practices are in compliance with equal employment opportunity requirements. 2 If you have any questions, please call OCR at (202) 307-0690. Additional information and technical assistance on the civil rights obligations of grantees can be found at: http://www.ojp.usdoj.gov/ocr/. CCl Grant Manager Financial Analyst Sincerely, Michael L. Alston Acting Director, Office for Civil Rights Thc employment practices of certain Indian Tribes arc not covcrcd by Titlc VII of thc Civil Rights Act of 1964, 42 U.S.C. se~. 2000~. U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS ~ OJP [] BJA~ ~ OJJ-DP CHECK APPROPRIATE BOX I. GRANTEE NAME AND ADDRESS (Including Zip Cod_e) Columbia Heights City 590 401h Ave. N E Columbia Heights, MN 55421-3878 AWARD ] GRANT ] COOPERATIVE AGREEMENT 4. AWARD NUMBER: 2003oLB-BX-2246 PROJECT PERIOD: FROM BUDGET PERIOD: FROM PAGE I OF 7 10/01/2002 TO 09/30/2004 10/01/2002 TO 09/30/2004 IA. GRANTEE IRS/VENDOR NO. 416005069 6. AWARD DATE 09/04/2003 7. ACTION 2. SUBGRANTEE NAME AND ADDRESS (Including Zip Code) 8. SUPPLEMENT NUMBER  Initial [ [] Supplemtmtal 2A. SUBGRANTEE IRS/VENDOR NO. 9. PREVIOUS AWARD AMOUNT S0.00 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD $12,616 FY 2003 Local Law Enforcement Block Grants I t. TOTAL AWARD $12,6t6 12. SPECIAL CONDITIONS (Check, if applicable) -- THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH X__._~ ON THE ATTACHED 6 PAGES 13. STATUTORY AUTHORITY FOR GRANT TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF [968. 42 U.S.C. 3701, ET. SEQ., AS AMENDED TITLE 2 OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF 1974 42 U.S.C. 5601, ET. SEQ., AS AMENDED VICTIMS OF CRIME ACT OF 1984, 42 U.S.C. [0601, ET. SEQ., PUBLIC LAW 98-473, AS AMENDED OTHER (Specify): Fiscal Year 2002, Departments of Commerce Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) 14. FUTURE FISCAL YEAR(S) SUPPORT: SECOND YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A THIRD YEAR'S BUDGET PERIOD: N/A AMOUNT OF FUNDS: N/A TYPE OF FUNDS: 15. METHOD OF PAY MENT THE GRANTEE WILL RECEIVE CASH VIA A LETTER OF CREDIT ~ YES ~ NO AGENCY APPROVAL TYPE OF FUNDS: 16. TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL C. Camille Cain Acting Director Bureau of Justice Assistance GRANTEE ACCEPTANCE 18. TYPED NAM E AN D TITLE OF AUTHORIZED GRANTEE OFFICIAL Julienne Wyckoff Mayor 17. SIGNATURE OF APPROVING OJP OFFICIAL i 19. SIGNATURE OF AUTHORIZED GRANTEE i 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB, POMS i21. LISM14 LI02U02246 OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS ~ o~ !~ ~A ~ OJSDP ~ ms~ ~ NU ~ OVC CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET [_~ GRANT COOPERATIVE AGREEMENT PROJECT NUMBER: 2003-LB-BX-2246 AWARD DATE 09/04/2003 PAGE 2 OF 7 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient agrees to comply with the organizational audit requirements of OMB Circular, A-133, Audits of States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101(g) of H.R. 728, 104th Cong. (1995). 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2003-LB-BX-2246 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A section 101(a)(2) of H.R. 728, 104th.Cong. (1995), that the recipient unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Fomes who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section ! 141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U.S.C. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE AWARD CONTINUATION SHEET ~ GRANT =~ COOPERATIVE AGREEMENT U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS CHECK APPROPRIATE BOX PROJECT NUMBER: 2003-LB-BX-2246 ! AWARD DATE 09104/2003 PAGE 3 OF7 SPECIAL CONDITIONS CONTINUED 8. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award. 9. The recipient agrees to submit the Request for Drawdown via the lntemet system within 90 calendar days from the date of award, or to have all federal funds deobligated for redistribution during the next funding cycle. 10. Local recipients agree to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. 11. The recipient agrees to provide and expend a I0 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are subject to audit under Special Condition #2 and will be binding to the recipient. Program income/interest earned on Federal funds may not be considered as part of recipient's 10 percent cash match. 12. Local recipients are required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission of the Financial Status Report (SF-269A). 13. The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month obligation and expenditure period. 14. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security and/or crime prevention programs, that the recipient or subrecipient - - (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual written assessment report. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PRO~RAMS ?~ on.~x, B J^ 0~ ~ BJS ~ ? OVC C~CK APPROP~ATE BOX AWARD CONTINUATION SHEET  G RANT ~ COOPERATIVE AGREEMENT PROJECT NUMBER: 2003-LB-BX-2246 ~ AWARD DATE 09/04/2003 PAGE 4 OF 7 SPECIAL CONDITIONS CONTINUED 15. 16. 17. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the following activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any proposed use ora building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. Application of This Special Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS o vc CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET ~. COOPERATIVE AGREEMENT PROJECT NUMBER: 2003-LB-BX-2246 [ AWARD DATE 09/04/2003 PAGE 5 OF 7 SPECIAL CONDITIONS CONTINUED 18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board will meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, though it may be broader: a) the local police department or sheriff's department; b) the local prosecutor's office; c) the local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. 20. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2003, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-273), as of the date of this application. This provision requires that the unit of local government which employs a public safety officer (as defined by section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while on duty. 21. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PRO~RAMS CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET ; iCOOPERATIVE AGREEMENT PAGE 6 OF 7 PROJECT NUMBER: 2003-LB-BX-2246 AWARD DATE 09/04/2003 SPECIAL CONDITIONS CONTINUED 22. Mitigation of Health, Safety, and Environmental Risks a. General Requirement: The grantee agrees to comply with Federal, State, and local environmental, health, and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and the disposal of the chemicals, equipment, and wastes used in or resulting from the operations of these laboratories. b. Specific Requirements: The grantee understands and agrees that any program or initiative involving either the identification, seizure, or closure of clandestine methamphetamine laboratories, hereafter referred to as the "Program", can result in adverse health, safety, and environmental impacts to (l) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site ora seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment; and (4) the immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and wastes from a seized laboratory's operations are placed or come to rest. Therefore, the grantee further agrees that in order to avoid or mitigate the possible adverse health, safety, and environmental impacts of its Program, it will (1) include the nine, below listed protective measures or components within its Program; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this grant agreement; and (3) implement these protective measures throughout the life of this grant agreement. In so doing, the grantee understands that it may implement these protective measures directly through the use of its own resources and staffor may secure the qualified services of other agencies, contractors, or other qualified third parties. 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine metharnphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the grantee to either the seizure or the closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the Program with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS [] OJP ~ BJA ? OJ~DP ~ BJS ~ NU ~ OVC CHECK APPROPRIATE BOX AWARD CONTINUATION SHEET X~ GRANT COOPERATIVE AGREEMENT PAGE 7 OF 7 PROJECT NUMBER: 2003-LB-BX-2246 i AWARD DATE 09/0442003 SPECI.4L CONDITIONS CONTINUED 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible state environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing state and federal requirements; and 9. Include among the personnel involved in seizing clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any of the offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations, or health care. c. Additional Requirements: As part of the Request for Drawdown process, the Grantee shall submit a brief description of its project sufficient for the Office of Justice Programs (OJP) to determine whether any additional compliance with federal environmental statutes and regulations needs to occur prior to the issuance of LLEBG funds. Furthermore, once LLEBG funds are issued, the Grantee shall notify OJP if the project changes significantly from the description in the Request for Drawdown, or if significant new information is revealed during the course of the expenditure of LLEBG funds so that OJP can determine whether any additional environmental analyses need to be completed. OJP FORM 4000/2 (REV. 587) PREVIOUS EDITIONS ARE OBSOLETE COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: October 27, 2003 AGENDA SECTION: -7- ~ ' I ORIGINATING DEPARTMENT: CITY MANAGER'S NO: Administration APPROVAL ITEM: Appointment to Boards and BY: Walt Fehst BY: k~ Commissions DATE: October 27, 2003 DATE: NO: Background: On October 16, 2003 the City Council met to interview applicants for the Library Board, Park and Recreation Commission, and Human Services Commission and on October 27th, interviewed an applicant for the Park and Recreation Commission. Current applicant on file for the Library Board: Audrey Hyatt Current applicants on file for the Park and Recreation Commission: Marsha Stroik Brian Drews Gary L. Peterson Kevin McDonald Current applicant on file for the Human Services Commission: Khaled Qamhieh Recommended Motion: Move to appoint to the Library Board for the remainder of the term to expire April 2005; and to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2004 and April 2006; and to the Human Services Commission for the remainder of the term to expire April 2006. COUNCIL ACTION: