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Home My WebLink AboutNovember 24, 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 November 21, 2003 Mayor Julienne Wyckoff Councllrnembers Robert A. Williams Bruce Nawrocki Tammera Ericson Bruce Kelzenberg City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, November 24, 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 Clefk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or heating impaired only) Invocation: Pastor Dave Briley, Oak Hill Baptist Church 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE e ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) e PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations 1) Columbia Heights Library 75th Anniversary - B. Miller, Library Bd. and B. Loader, Library Dir. C) Introduction of New Employees - none D) Recognition 1) Make A Difference Day Project - T. Landwehr, Rising to New Heights So 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 November 10, 2003 MOTION: Move to approve the minutes of the November 10, 2003, regular City Council meeting as presented. 2) Establish Work Session Meeting Date for Monday, December 8, 2003 beginning at 7:00 p.m. in the City Council Chambers. MOTION: Move to establish a Work Session meeting to be scheduled for Monday, December 8, 2003 beginning at 7:00 p.m. in the City Council Chambers. 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 November 24, 2003 Page 2 of 4 3) Establish a joint City Council/School Board Work Session meeting be scheduled for Tuesday, December 2, 2003 beginning at 5:30 p.m. at the School District Community Room MOTION: Move to establish that a joint City Council/School Board Work Session meeting be scheduled for Tuesday, December 2, 2003 beginning at 5:30 p.m. at the School District Community Room. 4) Adopt Resolution No. 2003-52, being a resolution adopting the 2003-2004 Snow and Ice Policy MOTION: Move to waive the reading of Resolution 2003-52, there being ample copies available to the public. MOTION: Move to adopt Resolution 2003-52, being a resolution adopting the 2003-2004 Snow and Ice Control Policy for the City of Columbia Heights. 5) Adopt Resolution No. 2003-51, being a resolution ordering the preparation of a report for Proposed Zone 7 Street Rehabilitation Program MOTION: Move to waive the reading of Resolution 2003-51, there being ample copies available to the public. MOTION: Move to adopt Resolution 2003-, being a resolution ordering the preparation of a report for proposed Zone 7 Street Rehabilitation Program. 6) Approve final payment of $3,047.77 for Sanitary_ Sewer Lining, Project 0208 to Insituform Technologies USA. MOTION: Move to accept the work for Sanitary Sewer Lining, City Project No. 0208, and to authorize final payment of $3,047.77 to Insituform Technologies USA, Inc. of Chesterfield, Missouri. 7) Recognition of Sullivan Lake Park Bench Donations MOTION: Move to acknowledge receipt of donations for the park benches along the walking path at Sullivan Lake Park. 8) Adopt Resolution No. 2003-53, being a Resolution ordering preparation of feasibility report(s) for Zone 6 Seal Coating proiect//0301 MOTION: Move to waive the reading of Resolution 2003-53 there being ample copies available for the public. MOTION: Move to adopt Resolution 2003-53, being a Resolution ordering the preparation of a report for proposed Zone 6 Seal Coat Street Rehabilitation Program, Project//0301. 9) Authorization to seek bids for the 2004-2005 Diseased Tree Removal Program MOTION: Move to authorize staff to seek bids for the 2004-2005 Diseased Tree Removal Program. 10) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 24, 2003 as presented for 2004 Licenses. 11) 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 105867 through 106054 in the amount of $1,337,130.90. City Council Agenda November 24, 2003 Page 3 of 4 6. PUBLIC HEARINGS A) Approve loan to the EDA for the purchase of 825 41st Avenue MOTION: Move to approve a loan for $600,000 from the City of Columbia Heights to the Columbia Heights Economic Development Authority (EDA) for the purchase of a property located at 825 41st Avenue with funding to come from Fund 390-00-13100. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First Reading of Ordinance No. 1464, pertaining to City Charter Chapter 5, Section 36, Expenditures by Petitioner. MOTION: Move to waive the reading of Ordinance No. 1464, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1464 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. 2) First Reading of Ordinance No. 1465, pertaining to City Charter Chapter 12, Section 10, Official Publications MOTION: Move to waive the reading of Ordinance No. 1465, there being ample copies available to the public. l) MOTION: Move to schedule the second reading of Ordinance No. 1465 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. First Reading of Ordinance No. 1466, pertaining to CityCharter Chapter 2, Section 7, Elective Offices MOTION: Move to waive the reading of Ordinance No. 1466, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1466 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. First Reading of Ordinance No. 1467, pertaining to City Charter Chapter 3, Section 16, Council Minutes MOTION: Move to waive the reading of Ordinance No. 1467, there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1467 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. First Reading of Ordinance No. 1468, pertaining to City Charter Chapter 9, Section 89, Expenditures by Petitioner. MOTION: Move to waive the reading of Ordinance No. 1468 there being ample copies available to the public. MOTION: Move to schedule the second reading of Ordinance No. 1468 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. B) Bid Considerations - none City Council Agenda November 24, 2003 Page 4 of 4 C) Other Business 1) Approve On Sale Beer License for 500 Club MOTION: Move to approve the 2004 On Sale Beer License for the 500 Club. 2) Approve Preliminary Plat for Grand Central Lofts (Kmart site) MOTION: Move to approve the Grand Central Lofts Preliminary Plat for Nedegaard Custom Homes, as the plat is consistent with the Mixed-Use District, and meets the required performance standards and required findings for Preliminary Plat, that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, subject to the conditions identified in the Staff Report. 3) Task Force Report re: Deer at the Minneapolis Water Works MOTION: Move to accept a copy of the report from Dr. McClanahan and Dr. Famsworth, and direct Staff to place it on file. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney e 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 Walter R. ~ehst,/~ity ~ Manager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING NOVEMBER 10, 2003 The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, November 10, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Peter Law, Community United Methodist Church gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, and Councilmember Kelzenberg PLEDGE OF ALLEGIANCE - recited ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS Presentations 1) North Star Corridor Development Authority Nawrocki introduced Paul McCarron, North Star Corridor Development Authority (NSCDA) and gave his background. He indicated that the Authority did not receive State funding last year for the corridor, but have Federal funding and will continue to pursue funding from the State. McCarron spoke of the goals for the North Star Corridor rail line. He referred to misleading reports about the project and handed out a brochure. McCarron stated that safety costs have accelerated and the Federal Government is now more stringent on projects and criteria, but he is confident that the facts will allow passage by the Legislature. He stated that the Governor has been very fair on this project. Tim Yantos gave a power point presentation on the North Star Corridor, referring to the current congestion on Highway #10 and to the advantages of this form of travel from St. Cloud to Minneapolis. Large companies, such as Medtronic, have indicated a high need for this asset. The Minneapolis end of the line would be adjacent to the Hiawatha Line, which then goes through the Twin Cities. Yantos indicated that 82 percent of residents surveyed support commuter rail. It is estimated that this rail wouM be equivalent to adding one and one half lanes for traffic. The Corridor rail could be operational by the year 2007. The total cost of the project wouM be $310 million, but would not take away any road project funding. To answer Wyckoff's questions, Yantos stated that the nearest stop to Columbia Heights would be 61st and Central. The one-way ticket price to Elk River wouM be $4, and $8 to St. Cloud. Wyckoff asked how this would benefit Columbia Heights residents. McCarron stated that this transportation system would benefit all Minnesota residents. A resident questioned travel speed and potential crossing accidents. McCarron indicated the speed is regulated Federally and special attention would be paid to safety issues, such as improvements to crossing barriers so that cars can not get around them. 2) Sister City Committee Dolores Strand, Sister City Committee Co-Chair, spoke of their current fundraiser of "We're Going Nuts for You" selling five different kinds of nuts with the proceeds to benefit the Wheelchairs for Peace program, where every $75 dollars raised is matched by Mr. Barings foundation to purchase a wheelchair. The goal of the Sister City Committee is to raise $18,000, which equals one container of wheelchairs. The wheelchairs would be distributed in our Sister City of Lomianki, Poland. Williams stated that last year's holiday party proceeds were donated to this cause. Strand indicated $3,000 was received and is being held for this fundraising goal. Upcoming fundraisers include a spaghetti City Council Minutes November 10, 2003 Page 2 of 12 dinner sponsored by Auto World and a classical concert. Strand indicated that the Committee is also considering partnering with the City of Winona, who is just becoming involved with a city in Poland. Strand listed locations where the nuts would be available and distributed a sample to the Council and audience. Dolores Strand stated that Barb Karol passed away suddenly. She was an active member of the Sister City Committee. Wyckoff indicated she was also on the Human Services Commission. Barb will be very missed by everyone. Nawrocki suggested the Sister City Committee conduct their fundraiser during the "Light the Heights "promotion. 3) Columbia Heights Women of Today Stephanie Goodman, Columbia Heights Women of Today, stated their group would sponsor a Home Based Community Fair and Home Business Expo on November 12, 2003 at Murzyn Hall from 6:00 p.m. to 9:00p. m. There is no admission charge. This will give women ideas to generate income from their homes. Nawrocki suggested the Sister City Committee be included in this event. Goodman stated the event has already had to turn interested participants away. CONSENT AGENDA City Manager Walt Fehst took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for October 27, 2003. Motion to approve the minutes of the October 27, 2003, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the October 22, 2003 minutes of the Park and Recreation Commission. Nawrocki encouraged reading how the waiving of fees for Murzyn Hall is being handled. b) Motion to accept the October 28, 2003 minutes of the Planning and Zoning Commission. c) Motion to accept the November 4, 2003 minutes of the Planning and Zoning Commission. d) Motion to accept the October 23, 2003 minutes of the Charter Commission. 3) Authorize final Change Order #1 for additional work common excavation and aggregate base material to the Zone 6B Street Rehabilitation, City Project 0302 to Midwest Asphalt Corporation in the mount of $36,703.65 to be funded out of the PIR Fund, or Assessments ($22,022.20) and the Infrastructure Fund ($14,681.45). Motion to authorize final Change Order #1 for additional work common excavation and aggregate base material to the Zone 6B Street Rehabilitation, City Project 0302 to Midwest Asphalt Corporation in the amount of $36,703.65 to be funded out of the PIR Fund, or Assessments ($22,022.20) and the Infrastructure Fund ($14,681.45). Nawrocki questioned why this was not presented prior to the Assessment Hearing. Kathy Young, Assistant City Engineer, stated the work was done as the project progressed, at the original bid price - not an extra, but the quantities for the subgrade work and correction were not available at that time. The amount was included in the assessments. 4) Approve transfer of funds for off duty security worked from the General Fund to reimburse the Police Department overtime budget Motion to transfer $5,161.57, the total amount received from Unique Thrift Store, CHHS graduation activities, and Immaculate Conception Church Fun Fest for off duty security worked from the General Fund to the Police Department 2003 budget under line 1020, Police overtime. City Council Minutes November 10, 2003 Page 3 of 12 Nawrocki stated that the Senior High party and Immaculate Conception Church should not be charged. Wyckoff indicated this could be discussed at a work session. 5) Approve transfer of Safe and Sober Funds from the General Fund to the Police Department 2003 overtime budget. Motion to transfer $2,278.93, the total mount of money received from the State of Minnesota for our efforts in the Safe and Sober program from the General Fund to the Police Department overtime budget line 1020. 6) Authorize acceptance of Juvenile Accountability Block Grant from the State of Minnesota Motion to authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Office of Justice Programs/Juvenile Accountability Incentive Block Grant for $5,898 with a match of $655, which is to come from unexpended funds in the 2003 Police Department budget. 7) Approve Premises Permit Renewal/Application Class B Gambling License for VFW Post//230 - Removed 8) Approve request for a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business for the proposed Columbia Heights Rental Center at 5045 and 5065 51st Court NE. - Removed 9) Approve Business License Applications Motion to approve the items as listed on the business license agenda for November 10, 2003 as presented regarding the new licenses for 2003 and the renewals for 2004. 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 105683 through 105866 in the amount of $832,018.29. Nawrocki questioned Check Itl05 781, Connelly Industrial for $ 7, 807for a pond monitor and Check It105783, Coordinated Business Systems for $31,784for copiers. Council authorized part of this amount for copiers, but we are paying for three copiers with one check. Fehst stated that the other two copiers were authorized in the budget and paid together to save money. Nawrocki did not agreed with breaking out portions of a purchase. Williams stated that Council was informed of the savings by use of this format. Young stated that the Connelly Industrial does a lot of work on our lift system and pump stations. Motion by Williams, second by Nawrocki, to approve the Consent Agenda items, not including items It7 and #8. Upon vote: All ayes. Motion carried. Approve Premises Permit Renewal/Application Class B Gambling License for VFW Post It230 Nawrocki stated that he is the signatory for this Post and it would be inappropriate to vote on this application. Motion by Williams, second by Kelzenberg, to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for VFW Post//230, 4446 Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, abstain; Wyckoff, aye. 4 ayes- 1 abstention. Motion carried. City Council Minutes November 10, 2003 Page 4 of 12 #8 Approve request for a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary_ business for the proposed Columbia Heights Rental Center at 5045 and 5065 51st Court NE. Wyckoff stated her pleasure that Columbia Heights Rental will build a new facility with indoor storage. Nawrocki indicated the building was not that attractive with about 5,500 square feet, but there is outside storage of about 6, 000 squ. are feet. If the goal is to develop a good tax base, you do not get that from outside storage. Neighbors have concerns if the evergreens would remain as a buffer and if the property would be kept clean, as the area behind Denny's is not. Nawrocki requested enforcing cleanup behind the Denny's restaurant. Tim Johnson, City Planner, stated that the Planning and Zoning Commission (P&Z) has reviewed the plans and determined the proposed facility and accessory building meet all requirements. The request is for outside storage for the business. The primary business is retail showroom. All outdoor items will be screened, with only truck tops being visible. 14Zyckoff questioned their purchase of three parcels and the proposal to only build on two of the parcels. Vt/yckoff asked if the Denny's parking lot would remain empty. Johnson stated it would. Nawrocla' questioned the location of the propane tank and if the trees wouM remain. Johnson stated that the tank would be on the second lot and that the owner would try to save as many trees as possible, with the plan indicating additional trees to be planted. Ericson stated that the P&Z carefully examined outdoor storage in the zoning ordinance, which has extensive conditions. This applicant has done a very good job meeting the conditions and resolving all questions. Nawrocki was concerned with this large of a parking area in regard to onlypaying land taxes. Ericson referred to how long the property has sat vacant. A resident (Novotny) indicated this property has been vacant for forty years. Frank Novotny, 1061 Polk Place referred to the grade between his property and this business, and requested that the trees between them remain, as he would like the view of equipment blocked off. Mark Moser, Columbia Heights Rental stated the site plan tries to save as many trees as possible for a buffer. Ericson stated that Design Guidelines require eleven trees be planted, and the owners are proposing to plant 25 trees. A resident requested to see a picture of the proposed building. Johnson showed a rendition and stated this does satisfy our Design Guidelines. Motion by Williams, second by Ericson, to approve the conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business at 5045 and 5065 51st Court NE, as the use is consistent with the General Business (GB) District, and meets required performance standards and required findings. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes- 1 nay. Motion carried. PUBLIC HEARINGS A) Public Hearing to approve revocation of the Rental License for 4927 & 4935 University Avenue NE. Motion by Wyckoff, second by Williams, to table a Resolution of the City Council of the City of Columbia Heights approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Sela Investments regarding rental property at 4927 & 4935 University Avenue NE to the December 15, 2003 City Council meeting. Upon vote: All ayes. Motion carried. B) Public Hearing to Adopt Resolution #2003-48, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 2003 and to Adopt Resolution #2003-49, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February_ 26, 2003. City Council Minutes November 10, 2003 Page 5 of 12 Steve Guzzetta, Creighton, Bradley and Guzzetta, and attorney on cable related matters, with the City, indicated that Resolutions 2003-48 and 2003-49, concern maximum permitted basic programming rates and maximum permitted equipment and installation rates. He gave the background on the FCC rules and stated that the City can only regulate basic rates on the basic tier, and installation and equipment rates. A Rate Analyst performed a perfunctory review of the 2003 FCC Forms 1240 and 1205 and felt a full rate analysis would not be recommended. The option recommended preserves the City's rights and neither approves or denies the maximum permitted rates, but wouM function as a rate ceiling during the relevant rate period. Guzzetta stated that through discussion with Linda Magee, Assistant to the City Manager, he found that no commission member agreed to the need for a substantive analysis, at an approximate cost of $50, 000. Cruzzetta asked that prior to adopting the Resolutions, the Mayor open the public hearing, listen to concerns, and close the public hearing. Wyckoff asked if this is a rate increase. Guzzetta stated no, rates have not increased since 2002, but this would approve a rate ceiling based on the requirements in the rules. Ericson stated that Comcast could be charging the maximum rate, but they are not. Guzzetta referred to the substantive analysis completed in 2001, and that it may be beneficial to do a study again next year. Williams reminded everyone of the free basic channels, cable service, and questioned competition from dish networks. Guzzetta indicated there is competition, but there are more options with cable. Kathi Donnelly-Cohen, Comcast, indicated these forms were submitted in February, as required, but Comcast did not propose to raise the rates. Nawrocki felt that these rates did not reflect what the average resident pays for cable service, which was originally SlOper month, with that same package today being $46-$47. Nawrocki indicated he is not supportive of studies, but it may be necessary to keep the provider in line. Nawrocki urged Councilmembers to adopt the resolutions. Donnelly-Cohen indicated there were initially 36 channels for basic service and there are now 80 channels. These forms are required by th'e FCC to show company costs. Deb Johnson, 999 41st Avenue, stated that many communities have a discounted cable rate for seniors, and asked if this would be possible in Columbia Heights. Donnelly-Cohen stated that basic cable is available, and there are different levels and packages that are affordable for different levels of subscribers. Guzzetta read the list of stations available at the basic rate, and indicated a senior rate could be negotiated during the franchise renewal in November of 2006. Nawrocki agreed with the recommendation of a senior citizen cable rate. Kelzenberg indicated that the community room at Crest View could not get cable T. V. Donnelly-Cohen stated that Crest View has not entered into such an agreement. The room would require wiring, but there would be no charge for doing so. Mayor Wyckoff opened the hearing and asked for comments from the audience. As no comments were received, the public hearing closed. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2003-48, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to Adopt Resolution//2003-48, being an Order regarding the maximum permitted basic programming service rates set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about February 26, 2003. Upon vote: All ayes. Motion carried. City Council Minutes November 10, 2003 Page 6 of 12 Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2003-49, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to Adopt Resolution #2003-49, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about February 26, 2003. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2003-48 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT FEBRUARY 26, 2003 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to roles of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. (hereinafter "Comcast"), the current franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services", which was dated February 5, 2003, and received on or about February 26, 2003, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2003 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2003 FCC Form 1240; and WHEREAS, the rate set forth herein will govern Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rate for basic cable service, as calculated in the 2003 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in furore basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2003 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2003 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the fight to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2003 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents conceming the 2003 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in furore basic service rate filings; (ii) the right to address issues raised in the 2003 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2003 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating City Council Minutes November 10, 2003 Page 7 of 12 that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). RESOLUTION NO. 2003-49 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT FEBRUARY 26, 2003 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. (hereinafter "Comcast"), the current fi'anchise holder, filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2003 FCC Form 1205"), which was dated March 1, 2003, and received on or about February 26, 2003, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2003 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2003 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set in the 2003 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2003 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2003 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2003 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2003 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information conceming the 2003 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). c) Public Hearing to review and approve the list of equipment to be purchased for the Local Law Enforcement Equipment Block Grant Police Chief Tom Johnson indicated that a committee often members approved a list of six items to purchase with this block grant. The items included computer improvements, and Officer safety items City Council Minutes November 10, 2003 Page 8 of 12 such as Stop Sticks, Level Four Ballistic Vests, and replacement light bars and security dividers for police vehicles. Johnson described Stop Sticks, which stop a vehicle by deflating the tires at a slow pace. The total amount recommended for expenditure is $13,845, with a $173 buffer. This public hearing is a requirement of the grant. Johnson listed members that served on the committee. Motion by Williams, second by Ericson, to approve the list of equipment to be purchased with funding from the Local Law Enforcement Equipment Block Grant. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION Other Business 1) Appointments to Park and Recreation Commission (two) for the remainder of the terms to expire on April 2004 and April 2006. Wyckoff thanked everyone that applied and everyone that serves on Boards and Commission for the City. Motion by Nawrocki, second by Williams, to appoint Marsha Stroik and Gary Peterson to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2004 and April 2006. Wyck°ff indicated that Mr. Peterson is very qualified, but is already on the Planning and Zoning Commission. Wyckoff indicated her recommendation of Kevin McDonald. There is a need to get as many people from the community involved as possible. Kelzenberg agreed. Upon vote: Kelzenberg, nay; Williams, aye; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 3 nays - 2 ayes. Motion denied. Motion by Kelzenberg, second by Ericson, to appoint Marsh Stroik and Kevin McDonald to the Park and Recreation Commission for the remainder of the respective terms to expire on April 2006 and April 2004. Upon vote: All ayes. Motion carried. 2) Authorize the bid award for the purchase of one Quint Fire Apparatus Fire Captain Matt Fields and Firefighter Dan 0 'Brien described the timeline, bidding process and the tabulation of bids for one Quint Fire Truck. Fields indicated there is a change in the bid recommendation, splitting the bids of the truck and loose equipment, resulting in an additional $3,600 savings. Fehst indicated that the two lowest bidders were not qualified. Fields described the discrepancies. This fire truck will be designed for several missions: HAZMAT, biological terrorist activities, fire in multiple units, elevated rescues, and as a 2, 000 gallon pumper truck. This will lower our ISO rating and lower insurance premiums for our businesses. This grant will require a $50,000 match from the City, but the funds will come from the Capital Equipment Fund whereby other truck replacements will be suspended for four to five years. Nawrocki indicated that the bids not meeting specifications should be declared "non-responsive". Fields referred to the requirement that the height of the truck was limited due to the fire garage door height. Nawrocki questioned what loose equipment refers to. Fields stated this includes loose bore nozzles, hose, ladders, hose clamps, wheel chalks, hose jackets, squeegees, lights, etc. as required by the National Fire Protection Association (NFP~t). These items are recommended for purchase to insure lower insurance rates. Williams stated this money came from the Federal Government. 0 'Brien stated that Columbia Heights received the highest single rating in the United States this year. Wyckoff stated that Fire Chief Thompson indicated this high rating was received because of how well the grant was written. Wyckoff asked when the truck would be received. Fields stated that it must be delivered by August 15, 2004, and that bids came in approximately $60,000 lower than expected. Fehst commended all City Council Minutes November 10, 2003 Page 9 of 12 staff members involved in writing the specifications and reviewing the bids received. Motion by Ericson, second by Williams, to award the purchase of a 109 foot Custom Quint Ladder Truck to General Safety Equipment, based upon their low, qualified, responsible bid in the amount of $556,943.00 plus any additional taxes, and award the purchase of the various loose equipment to Metro Fire upon their low, qualified responsible bid in the amount of $35,045.46 with funds to be appropriated from 439-42200-5150; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. ADMINISTRATIVE REPORTS Report of the City Manager Fehst indicated that the Economic Development Authority (EDA), which includes the body of the whole Council and Ms. Jindra and Mr. Murzyn, considered the purchase of the NEI (old high school) building, which is currently owned by Dunwoody Institute. This building has been on the market a while and purchase has previously been discussed. There are other groups aggressively looking at the building, of which two are not-for-profit groups. The estimate to retrofit the building is $4 to $6 million and had an original list price of $1.2 million. A developer has indicated interest in this site with a plan that includes 50 units of market rate housing for seniors, or it could afford an opportunity for Library or Administrative offices. This is a 5.5-acre parcel. The EDA considered the property and made a motion to purchase the property with contingencies. This would need to come before the City Council on November 24th to discuss financing. Contingencies would include an environmental review, demolition quotes, asbestos quotes and qualification for tax increment status. The contract, with contingencies, would be reviewed by the firm of Kennedy and Graven, and would allow for $20, O00 for purchase agreement earnest money. There would be $600,000 due at closing. Wyckoff referenced past discussion regarding the building at 41st and Central. She stated the NEI sale wouM not be final for another 60 days. Wyckoff indicated desire to salvage parts of the building such as the front faqade or possibly sell bricks as memorabilia. Nawrocki stated concern about the additional cost to demolish the building. He indicated that two weeks is not enough time to obtain the necessary reports and information on the building. Motion by Nawrocki that the City Council hold a public hearing on December 15, 2003 on the proposal to buy the current NEI property. Second by Ericson, for the purpose of discussion. Ericson disagreed and would not support the motion as the purchase of the property is for the EDA to do and is not a decision on land use. The hearing would be to decide if the City would loan the EDA the money to purchase the property, which would allow the City control of the site. A task force would probably be assembled to discuss uses. l'Villiams indicated that there are contingencies in the purchase agreement that would allow the offer to be withdrawn if not met. Ericson stated the need to discuss this at the November Council meeting and then if necessary it can be tabled until the December meeting. Fehst felt it was important to get this information before the public as soon as possible. Wyckoff stated this is a valuable area of land. Ericson asked if we can sell the property "as is" if we purchase it. Jim Hoeft, City attorney stated it could be soM as it was purchased. Nawrocki stated there should be a report from the Planning and Zoning Commission indicated if this purchase would fit the City's Comprehensive Plan. Hoer indicated that is the current process, and the intention at the next Council meeting would be for the City to loan the money to the EDA. Upon vote: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 4 nays - 1 aye. Motion failed. A resident questioned where the funds wouM come from. Fehst stated that the First Time Homebuyers City Council Minutes November 10, 2003 Page 10 of 12 program has a fund balance and wouM be the recommended source. This would not create an additional burden to the taxpayers. Nawrocki asked that the records be searched for commitments made' with that bond issue and if the funds that came back into the City were to be used for the original purpose of getting people into new homes. Fehst stated that the bonds wouM be reviewed. Motion by Williams to set a public hearing on funding to purchase NEI, for November 24, 2003. Second by Kelzenberg. Williams indicated desire to receive the necessary reports prior to this hearing. Fehst indicated that an estimate of demolition, asbestos removal and clean up of the property was $450,000. Williams stated that any memorabilia soM could help pay for demolition costs. Wyckoff asked for local help to remove parts of the building. Upon vote: All ayes. Motion carried. Fehst indicated that items on the November 17th work session would include final budget summary, City Charter housekeeping issue, and the purchase of NEI. Report of the City Attomey- none CITIZENS FORUM Bob Surbrook, 4608 Pierce Street, stated that the new ball fieM fencing at Keys Park will prohibit some of the winter sledding space that has been used only for sledding for years. Fehst stated that the new ball field was possible through a grant and is sorely needed. Surbrook was also concerned that the parking lot is small and there will be parking in the street, which is a safety concern for children. Nawrocki questioned who is doing the construction work. Staff will report back to him with the answer. Wyckoff indicated she met with Adam Kramer, Minneapolis Water Works, who requested the City form a task force regarding the large number of deer on their property. Wyckoff stated she has no desire to hurt the deer, but they have no natural predators on this site. She has received several nasty calls regarding this situation. Residents were allowed to speak on the issue and allowed time to bring in experts to assess the situation. After reading an article on bow hunting, Wyckoff would not like to see this method used. Nawrocki questioned who set the task force. Wyckoff gave the history of this topic from five years ago, but agreed that the deer in this area are now starving. She listed members of the task force and how they were chosen. Wyckoff indicated that one resident who has been feeding the deer has stopped and now recommends reducing the herd by bow hunting. Nawrocki questioned the authority of the task force. Wyckoff indicated they have been asked to make a recommendation to the Minneapolis Water Works. Karen Spencer, 1421 Lincoln Terrace, read a letter from the deer coalition. It indicated that two deer experts would assess the deer on November 13, 2003 and their findings would be presented to the task force on November 17th. She stated that one deer collared in the original study still remains. Spencer suggested a new task force of concerned residents be formed. Ericson questioned who the deer coalition is. Spencer stated they are concerned residents and a veterinarian. Williams agreed with the idea of a new task force as these animals are like pets and we want to make the right decision. Ericson stated confusion as to the City Council's role and asked why the Water Works is not the one forming the task force. Fehst stated that Adam Kramer indicated they have received concerned calls and had a breach of security, where a heat sensing device indicated 40 to 50 deer on their property. Fehst stated Council could give no City Council Minutes November 10, 2003 Page 11 of 12 opinion and let the Water Works do whatever they choose. The DNR has indicated they wouM not give approval for the deer to be moved and that forage on the site is only enough to support two deer, and possibly with a moderate feeding program up to ten deer. Wyckoff suggested a third party determine the number of deer and give a recommendation on how to cull the deer. Ericson stated she has received many calls and understands that we can put pressure on the Water Works, but felt residents should be calling the Water Works rather than City Councilmembers. Wyckoff stated that residents could be arrested for feeding the deer, and that the majority of calls she received were to cull the herd. This is a very passionate issue. Deb Johnson, 999 41st Avenue, stated that the Mayor had asked for task force volunteers at a previous Council meeting. She felt that everyone will take a firm stand on his or her belief, and this should really not be for us to determine. John Hunter, 1009 42 ~ Avenue, indicated this was addressed when he was on the City Council and discussion included culling the herd, transporting them, birth control, and feeding the deer. Hunter gave some statistics and stated that the threat of Lyme Disease must be considered. A booming deer population promotes the tics, which carry this disease. Hunter recommended not allowing deer to remain in the area. Wyckoff felt it was a benefit to have the deer in our city. Kelly Faris, 4609 Chatham, member of the task force, passed out information to the Councilmembers. Wyckoff thanked her for the work she has done regarding the deer. Spencer referred to Minneapolis massacring deer in Fridley and stated that is why they do not want to get involved. Nawrocki questioned going to jail because of feeding the deer. Ericson stated there are signs posted that it is a Federal offense to fee the animals. Nawrocki requested a written legal opinion indicating what authority we have in this whole matter. Hoefi indicated that the Water Works could do a bow hunt on their property without our permission, but we do have a say regarding firearms. The DNR could approve a special hunt on this property. Nawrocki indicated the desire to wait and hear directly what the University of Minnesota personnel report states. He suggested a dart to put the deer to sleep and dispose of them in that state. Nawrocki asked ifa date has been set. Wyckoff indicated there is no set date for removal. Wyckoff indicated that the deer task force would meet on Tuesday, November 18, 2:00p. m. at Murzyn Hall. COUNCIL COMMUNICATION Nawrocki Utility payments have been set up to accept credit card payments and bank withdrawals. Will residents still receive a bill if they choose bank withdrawals? Fehst will research that answer. Received call from Mr. Mady regarding possible developments along Central Avenue that are detrimental to his business. He needs a definitive answer, as he is trying to set up bowling leagues for next year. · Asked that a policy be written indicating no restraint on City employees talking to City Councilmembers. · Referred to comment in the November 3ra green sheet regarding an expenditure of the Fire Department. The initial comment expressed concern regarding expenditures and current budget shortfalls. Should look at what is needed, not what is desirable. · Serves on the Metro Municipalities Revenues Committee. Policies will be discussed at the November 20th meeting that will be voted on by the League of Minnesota Cities. They were asked by the Association if they would have a follow up task force look at possible changes to City Council Minutes November 10, 2003 Page 12 of 12 fiscal disparities. It is important to follow this discussion. Fehst stated that after the AMM meeting there is a meeting of key Legislators to discuss these issues. Ericson · The Values First Core Values for November are Caring, compassion and kindness. · Tomorrow is Veterans Day, City offices will be closed. Please remember our Veterans. Wyckoff · Over 70 people rode the 801 Metro Transit Bus to Rosedale mall. A representative of the Metropolitan Council and our State Representative were present. Thanked everyone for the successful turn out. Williams · The Holiday Kick-off Party will be held again this year on November 29th. This was begun by Gary and Jaci Peterson. Proceeds will go to the Columbia Heights Community Center fired. Indicated where tickets may be purchased. · Encouraged his colleagues to nominate an "Employee of the Year". · Pray for the peace, health and prosperity of our citizens. · Hope to find a resolution to the deer problem. Kelzenberg * Read the City's internal goals · Has spoke to the Gambling Association. Hopes to work things out for the 500 card games. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 10:47 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of: November 24, 2003 A~ENDA SECTIONs PROCLAMATIONS, PRESENTA- ORIGINATING DEPARTMENT: CITY MANAGER'S TIONS, RECOGNITIOn, GUESTS APPROV NO: ct-b-t . ./. , PROJECTS SUBMITTED TO "RISING TO NEW PRESIDENT OF : HEIGHTS" COMMITTEE ~RISING TO NEW NO: HEIGHTS" DATE: October 25, 2003, was national Make A Difference Day. This unique national program inspires and rewards volunteers. It is a day of helping others---a celebration of neighbors helping neighbors. The "Rising to New Heights" Committee urged people to look around the community and come up with a project, and register it with their committee. Tonight "Rising to New Heights" wishes to specially recognize those projects and the people who did them. The following people/groups submitted projects to ~Rising to New Heights": Girl Scout Troop #2549 Project: 10 Girl Scouts cleaned book shelves at the Columbia Heights Library Participants: Jenna Kolosky Cassie Kordiak Katie Landwehr Kristen Landwehr Ann-Marie Larson Colleen Larson Caitlin Myhre Kayla Venable Bethany Wolney Keli Zemke Leaders: Kelly Landwehr and Sue Wolney Girl Scout Troop #2549 Project: 4 Girl Scouts picked up trash at Huset Park Participants: Katie Landwehr Kristen Landwehr Bethany Wolney Melinda Wolney Columbia Heights Employees: Project: 25 employees created 38 Birthday Party Bags/Boxes for the needy & delivered them to SACA Participants: Aleksandr Chernin (IS Department) Amy Moser, Diana Arne, and Larry Scott (Liquor Stores) Cher Bakken and Mark Nagel (Community Development) Tom Johnson, Mary Dugdale, Cheray Olson (Police) Becky Loader, Kelly Olson, Jeanine Schmidt, Barb Kondrick, Nancy Soldatow and mother (Library) Carole Blowers, Linda Magee, Jean Kuehn, Patty Muscovitz, Walt Fehst (Administration) LeAnn Ottney and Roxane Smith (Finance) Joanne Baker, Sherri Jensen, Schawn Johnson (Public Works); and Henry Henry (Recreation) All the above participants have been contacted in advance to attend tonight's council meeting and to be recognized by Ted Landwehr, President/Director of "Rising to New Heights". COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ..5- -/~-~ CITY MANAGER'S APPROVAJ_,~ ITEM: Establish Work Session Meeting BY: Walt Fehst BY:jffiT~ Date for Monday, Dec. 8, 2003 NO: DATE: November 19, 2003 DATE: It is recommended that a Work Session meeting be scheduled for Monday, December 8, 2003 beginning at 7:00 p.m. in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting to be scheduled for Monday, December 8, 2003 beginning at 7:00 p.m. in the City Council Chambers. COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ ~/4- '3 CITY MANAGER'S APPROVAL ITEM: Establish Joint City BY: WaltFehst BY:./,/t,~.,fff~z4 Council/School Board Work Session Meeting for Tuesday, Dec. 2, 2003 DATE: November 19, 2003 DATE: NO: It is recommended that a joint City Council/School Board Work Session meeting be scheduled for Tuesday, December 2, 2003 beginning at 5:30 p.m. at the School District Community Room. RECOMMENDED MOTION: MOTION: Move to establish that a joint City Council/School Board Work Session meeting be scheduled for Tuesday, December 2, 2003 beginning at 5:30 p.m. at the School District Community Room COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 11/24/03 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~--_ A-LI PUBLIC WORKS~f~.- d/~/d ITEM: RESOLUTION ADOPTING 2003-2004 SNOW BY: K. Hansen ,.~_ BY: AND ICE CONTROL POLICY DATE: 11/17/03 ~-~ DATE: Background: The Snow and Ice Control Policy was reviewed by city staff and minor changes have been made this year. Those changes include minor equipment changes and operational clarification. Based upon an October 8th, 1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities, it is strongly recommended by attorneys at the LMC that every city have a snow and ice control policy that is reviewed by the City Council and approved by resolution. Since 1999 our policy has been reviewed with the Council annually with a resolution approving the City's Snow and Ice Control Policy. Analysis/Conclusions: The plan has been updated for the 2003/2004 year with the following minor revisions to clarify operational procedure and equipment identification: · Miscellaneous snow removal from designated sidewalks was modified to include the addition of 3942 and 3982 Van Buren Street. · Vehicle #001 14,000 G.V.W. Ford Dump Track with front plow and sander, Vehicle #250 14,000 G.V.W.Ford Dump truck with front plow, and Vehicle #232 Toro Groundsmaster 4 x 4 (with broom attachment) were added to the list of equipment used in snow emergencies · Columbia Heights will be responsible for plowing/ice control maintenance on 37~ Avenue, Main Street to Central Avenue for 2003-2004. Public Works recommends passage of the Resolution adopting the 2003/2004 Snow and Ice Control Policy. Recommended Motion: Move to waive the reading of Resolution No. 2003-52, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2003-52, adopting the 2003-2004 Snow and Ice Control Policy for the City of Columbia Heights. rd-I.'jb Attachment: Resolution 2003-2004 Snow & Ice Control Policy COUNCIL ACTION: RESOLUTION NO. 2003-52 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. Dated this 24th day of November, 2003 Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patricia Muscovitz Deputy City Clerk CITY OF COLUMBIA HEIGHTS PUBLIC WORKS DEPARTMENT SNOW AND ICE CONTROL POLICY 2003/2004 Adopted by City Council 11/24/03 MASTER PLAN FOR SNOW PLOWING, ICE CONTROL AND REMOVAL The City of Columbia Heights believes that it is in the best interest of the residents for the city to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The City will provide such control in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. The City will use city employees, equipment and/or private contractors to provide this service. POLICY The types of snow, wind conditions, time of day and time of the year the snow falls will affect the decision on when snow plowing and ice control operations will be performed. It has been our general policy to begin plowing snow when there is 3 inches or more of accumulation. Plowing may also be scheduled when consecutive smaller snowfalls, within a short timeframe, amount to three inches. Plowing during the parking ban has proven to be the most efficient. Generally, operations shall continue until all roads are passable. Widening and clean-up operations may continue immediately or on the following working day depending upon conditions and circumstances. Safety of the plow operators and the public is important. Therefore, snow plowing/removal operations may be terminated after 10-12 hours to allow personnel adequate time for rest. There may be instances when this is not possible depending on storm conditions and other circumstances. Operations may also be suspended during periods of limited visibility. Any decision to suspend operations shall be made by the Director of Public Works and shall be based on the conditions of the storm. The City will still provide access for emergency fire, police and medical services during a major snow or ice storm. The City will not repair/replace sod damaged due to the application of sand, salt, or other deicing chemicals. The City will repair/replace sod damaged by snow plows during snow removal operations. Public Works staff members will repair the sod damage with black dirt and grass seed. All other damage within the public right-of-way is the responsibility of the property owner including, but not limited to trees, shrubs, bushes, landscaping materials, decorative rock, retaining walls, fences, and lawn/landscaping irrigation systems. Occasionally, snow plowing will result in damage to mailboxes. The City will repair the damage only if the mailbox and its supporting posts are properly located behind the curb line or along the edge of the street and if damage is the result of actual contact by the snow plow. A standard design mailbox will be used for replacements (the City will not replace decorative mailboxes). Residents whose mailboxes are knocked down as a result of direct contact by City snow removal equipment may request a $75 maximum allowance, if they so choose, to replace the mailbox structures themselves, relieving the City of any further obligation. Property owners who install decorative materials in the fight-of-way do so at their own risk. The City will not assume responsibility for damage to mailboxes that protrude into the street or are damaged simply by snow pressure. CALL-OUT PROCEDURE Police requests for Ice Control or Plowing (Call-out Procedure) Public Works Office Hours - 7:00 a.m. to 3:30 p.m. During office hours, call 763/706-3700 or use City radio Channel #6 to contact Public Works. After hours, weekends and holidays - Call Anoka County Central Dispatch - 763/427-1212. Option #1 - Request that the Public Works Duty Person contact the officer in charge at (number will be provided by the officer). Option #2 - Request Public Works conduct ice control - for a specific problem area. Option #3 - Request Public Works conduct ice control - main thoroughfares only. Option g4 - Request Public Works conduct ice control - City-wide. In the case of a call for ice control, duty person will call out the required number of Public Works personnel. In the case of an unscheduled request for plowing, the duty person notifies the Public Works Superintendent, who, in mm, makes the decision if and when to begin plowing operations. If the Superintendent is not available, the duty person will contact the Street Foreman, Public Works Director or City Manger in that order. Should the Superintendent have any questions or concerns, the Superintendent shall confer with the Public Works Director. The Public Works Superintendent has pre-arranged a schedule of assignments for personnel and equipment. On evenings and weekends the employees are called out based on department, overtime priority and availability. PRIORITIES The following general priorities shall be observed for snow plowing, ice control and snow removal. Some priorities are performed simultaneously depending on conditions and existing situations. Priority #1 - Priority #2 - Main thoroughfares, low volume residential and commercial streets, Fire and Police Department ramps and accesses, alleys, cul-de-sacs, dead ends, pump and lift station accesses. Municipal building parking lots and sidewalks, pedestrian bridges, designated sidewalk routes. - 3 - Priority #3 - Clear intersections for visibility, walkways through parks, skating and hockey rinks, bus stops needing clearing for handicap accessibility and the Municipal Service Center walkways and stairways. Priority g4 - Industrial and school hydrants. Priority #5 - Hauling snow when necessary. (Business District, parking lots, widening streets, etc.) Central Avenue removal around bus benches (streetscape district only). Priority #6 - Roof maintenance JPM, Police Station, Library. Check for ice, dams and plugged drains. Priority #7 - Residential hydrants. Assist Adopt-a-Hydrant Program. PLOVONG EMERGENCY - PERSONNEL & EQUIPMENT A. Assignments by department 1. The Street Department shall remove snow according to the following priorities: a. Assign personnel as necessary for street plowing and ice control operations. b. Remove snow from main thoroughfares and apply salt and/or sand. c. Remove snow from residential streets and alleys and apply salt and/or sand. d. Remove snow from municipal parking lots. e. Clean up alley openings, intersections and the deposits of snow left by snowbirds. Follow up on complaints from the public and others. Any personnel that become available will be assigned to help others wherever needed. They may have to widen streets again the next day. The Sewer and Water Department shall remove snow according to the following priorities: a. Furnish personnel as necessary for street plowing operations. b. Plow entrances and areas around the water tower, pump houses, and lift stations. c. Clean sidewalks and entrances at the Library before it opens and, if necessary, in the afternoon. Personnel shall assist others who are hand shoveling other areas. d. Personnel shall assist the Fire Department in digging out hydrants as they become available. Certain hydrants have been designated as critical and will be witnessed by reflective hydrant markers. - 4 - 3. The Park Department shall remove snow according to the following priorities: ao Furnish personnel as necessary for street plowing operations. Clear snow and deice all City Hall, Police Department, Fire Department and JPM sidewalks and entrances. Fire Department: For snow conditiOns of three (3) inches or more the Fire Department shall initially clear all doorways, stairs, the bus shelter, and open the walks around City Hall. If there is only one person in the Fire Department, they will contact Public Works who will supply one person to help them. After all other work is accomplished, Public Works shall finish widening the walkways. JPM maintenance personnel: Responsible for clearing snow from sidewalks and entrances on weekends, holidays and evenings. If conditions warrant, they may use the snow blower from the Fire Department. Remove snow from municipal sidewalks · City Hall, Police Station and upper IPM parking lot · Recreation and JPM - Mill Street sidewalk · 500 Mill Street - sidewalk and driveway · Library- 40th Avenue sidewalk and Jackson Street sidewalk · 900 40th Avenue (Van Buren Street - parking lot) and perimeter sidewalk · 3982 Central Avenue - sidewalk on south side, Central Avenue to parking lot Jefferson Street Divide sidewalk (46th Avenue and Jefferson Street) d. Remove snow from miscellaneous designated sidewalks West side · 49th Avenue, University Avenue to Monroe Street · 4601 Jefferson Street- driveway entrance · 5th Street, 47~ - 48th Avenue, east side sidewalk · 42na and University (walk bridge) west side · 40th Avenue, University Avenue bus stop, 3rd Street to University Avenue, Central Avenue to Hayes Street 3944 and 3955 Lookout Place · 3955 University Avenue · 828 40th Avenue · 3942 Van Buren Street · 3982 Van Buren Street · Central AVenue 4022 and 4024 (between buildings) · 3710 Central Avenue · 3718 Central Avenue · 3722 Central Avenue East side · 37th Avenue, north side, Reservoir Blvd. to first alley east · 44th Avenue (Tyler Street to Reservoir Blvd.) Remove snow from Park sidewalks · Huset east and west, Jefferson Street · Jackson Pond, south end sidewalk · Edgemoor Park, 2"d Street sidewalk · Ostrander Park, Tyler Street sidewalk and fi:ont entrance sidewalk · Wargo Park, exterior sidewalk · Gateway Park, exterior and interior sidewalk Remove snow from Park pathways · McKenna park pathway · Sullivan Park pathway- Note: New pathway from lift station to Central Avenue has been added. · Curt Ramsdell Park pathway · LaBelle Park pathway · Prestemon Park pathway Remove snow from skating areas and park parking lots. Roof Maintenance J-PM, Police Station, Library · Remove ice dams and unplug roof drains Weekend Skating Rink Maintenance Weekend maintenance of skating rinks would be done on a call-out basis. The Park Department will be considered the home department for these call-outs. Criteria for call-out · NO SNOW, NO MAINTENANCE · Amount of snowfall must exceed ½" before 5:00 a.m. Saturday and/or Sunday · If snowfall exceeds 2" before 5:00 a.m. Saturday and/or Sunday. Duty man should call supervisor to coordinate rink maintenance with general plowing. · If it snows later in the day on Saturday, clean the rinks on Sunday morning. · If it snows later in the day on Sunday, clean the rinks on Monday. Call-out procedure · Duty man will call out one person from the Park Department to assist with rink maintenance. · The duty person will make the call out no later than 5:00 A.M. on Saturday and/or Sunday. Job Assignments · Duty person will shovel library on Saturday · Senior park person will be assigned to the sweeper. All rinks must be swept. · Duty person will blow snow around the hockey rinks and shovel around the gates. · Rink maintenance operations will begin at 6:00 A.M. Saturday and/or Sunday. The Sign Department personnel shall hand shovel the pedestrian bridges and spread deicer. · Furnish personnel as necessary for street plowing operations · 42nd and University Avenue (walk bridge) · 49th and Central Avenue (walk bridge) The Engineering Department Techs shall remove snow and de-ice the walks and steps around the Municipal Service Center building, parking lots and assist the Sign Department in the removal of snow fi:om the pedestrian bridges. Drivable Equipment Used in Snow Emergencies: Heavy Equipment #7 Caterpillar front end loader with front plow (two stage snow blower - used for snow removal) #9 Case front end loader with front plow and wing plow #104 JCB backhoe loader with front plow #128 Caterpillar backhoe loader with front plow Dump Tracks #001 14,000 G.V.W. Ford dump track with front plow and sander #19 33,000 G.V.W. GMC dump track with front plow, underbody plow and sander (NW Quadrant) #45 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander (Alleys) #68 33,000 GVW Sterling dump truck with reversible front plow, underbody plow, wing plow and sander (SE Quadrant) #69 33,000 G.V.W. Ford dump truck with front plow, underbody plow and sander 0XYE Quadrant). #70 54,000 G.V.W. Ford Tandem dump track with reversible front plow, underbody plow, wing plow and sander (Main drags). #99 33,000 G.V.W. Ford dump truck with reversible front plow, underbody plow, wing plow and sander (SW Quadrant). #195 14,000 G.V.W. Ford dump track with front plow #250 14,000 G.V.S. Ford dump track with front plow - 7 - Pickups #12 #125 #175 #207 4 x 4 3/4 ton Chev pickup with plow 4 x 4 3/4 ton Chev pickup with plow 4 x 4 3/4 ton Ford pickup with plow - (designated for Police use until streets are passable) 4 x 4 3/4 ton Chev pickup with plow - (designated for park use) Misc. Equipment #216 John Deere 260 Skid Street (with snow bucket attachment) #232 Toro Groundsmaster 4 x 4 (with broom attachment) #296 MT Trackless (with snow blower, plow and broom) Street Plowim, Routes Attached are maps of main thoroughfares, quadrants, dead-end alleys and cul-de-sacs, thru alleys, parking lots and snow removal areas. 1. Main thoroughfares - Tandem dump track 2. Quadrants SW, NW, SE, NE - dump tracks 3. Thru-alleys - g45 dump track with V plow 4. Dead-end alleys and cul-de-sacs - Pickups and 1 ton dump tracks 5. Parking lots - Front end loader (#7 and Backhoe Caterpillar #128) 6. MSC, SACA, Library, load sand tracks backhoe JCB #104 7. West of University, 37th Avenue to 45th Avenue.- Front end loader #9 (clean up 40th Avenue - Main to Reservoir, Central Avenue bump-outs, 37th to 43rd Avenue, Central Avenue pork chops 37th Avenue and 51st Avenue (assist other areas as needed). Main Thoroughfares Tandem dump track #70: - Priority #.1 37th Avenue, Central to Stinson (or) 37th Avenue, Main Street to Central Avenue · Main Street, 37th Avenue to 40th Avenue · 40th Avenue, University Avenue to Stinson Blvd. · Stinson Blvd., 40th Avenue to 43~a Avenue · Benjamin Street - 43~a Avenue to 45th Avenue · 44th Avenue, Main Street to Arthur Street · Arthur Street, 44th to 45th Avenue · 45th Avenue, Arthur Street to Stinson Blvd. · 49th Avenue, University Avenue to Fairway Drive · Fairway Drive west, Upland Crest to Stinson Tandem dump truck #70: - Priority #2 39th Avenue, 5th Street to Central Avenue · 45th Avenue, University Avenue to McLeod Street · McLeod Street, 45th Avenue to Reservoir Blvd. · 5 l'~t Avenue, University Avenue to Central Avenue · Fillmore Street, 46th Avenue to 49th Avenue · 46th Avenue, Fillmore Street to Reservoir Blvd. · Reservoir Blvd., 37th Avenue to 46th Avenue · Chatham Road, 45th Avenue to Fairway Drive · Stinson Blvd., Fairway Drive to Silver Lake Beach · Arthur Street, 39th Avenue to 44th Avenue · Hart Blvd., 37th to 39th Avenue The tandem will have the primary responsibility for applying salt and/or sand to the main thoroughfares. Quadrants Four dump mack plows - each operator is assigned to a specific quadrant. SW Quadrant. This area is from 37th Avenue to 45th Avenue from Main Street to Central Avenue. In this quadrant we have two main arterials we open up first. They are the Jefferson Street and University Avenue Service Road. The operator in this area will plow Jefferson and the Service Road before plowing any other streets or avenues. When these two streets have been plowed, the operator will start plowing on 37th Avenue and Van Buren Street going north and working in a westerly direction. Usually when the operator reaches University Avenue, one of the other plows from a different quadrant is finished and will help to finish the area west of University Avenue. Alternate starting points may be used each time. Note: We share the responsibility of plowing 37th Avenue fi:om Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave.. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October 1 st to October 1 st. For 2003-2004 Columbia Heights maintains Main Street to Central Avenue. N-W Quadrant This area includes University Avenue to Central from 45th Avenue to 53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has two main arterials to be plowed first, that being Jefferson Street and the uniVersity Avenue Service Road. The operator in this quadrant will start on the west end one time and the east end another time in order to equalize the complaint of always being plowed last. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed Alternate starting points may be used each time. SE Quadrant. This area includes 37th Avenue to 45th Avenue between Central Avenue and Stinson Blvd. In this area the plow starts plowing Tyler Street from 37th North and then works avenues from 37th to 44th, then streets easterly to Stinson Boulevard. When this has been accomplished, the plow will work the streets between Central Avenue and Reservoir Boulevard. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed Alternate starting points may be used each time. Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main Street with the City of Minneapolis. 37th Ave. is divided into two segments - (1) Main St. to Central Ave. and (2) Central Ave. to Stinson Blvd. Per agreement, we alternate segments each year. The agreement period is October 1 st to October 1 st. For 2003-2004 Columbia Heights maintains Main Street to Central Avenue. NE Quadrant: This area includes 45th to 51st Avenue from Central to Stinson. We will either begin plowing Mathaire Addition or Sheffield Addition, depending on the time of day and the number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the Hilltop Addition, Innsbruek Addition and the Heritage Heights Addition. When the operator has finished plowing their own area, they will combine to finish whatever area is not completed Alternate starting points may be used each time. Thru-Alleys The alley "V" plow is pushed by a dump track. This plow usually starts on the west side of town being California Street to University Avenue, 37th to 45th Avenue and works its way east. Alternate starting points may be used each time. Equipment problems may require the use of 4-wheel drive vehicles to clear alleys, as last resort. Dead-end alleys and cul-de-sacs The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead end alleys, and hard-to-get at places. When each operator has their own designated areas finished, they will check with the other operators and will help each other finish plowing where needed. They may assist the "V" plow operator in finishing his alley routes if assigned by the Superintendent. When alleys are finished, operators will clean intersections in their assigned area. Parking lots Plow route for//7 front end loader, #104 backhoe and #128 backhoe is as follows: 1. Administration Building (590 40th Avenue), Police (559 Mill Street) & Fire (555 Mill Street) lots 10 - Note: Remove snow from 40th Avenue curb line from alley east to Mill Street. Note: Plow Mill Street from 40th Avenue to 5th Street. 2. J-PM (530 Mill Street) upper and lower lots. 3. Van Buren lot south of 40th Avenue (900 40th Avenue). Parking Lots Plow route for #12 - 4 wheel drive pickup 1. Municipal Service center yard (637 38th Avenue) and parking areas. 2. Madison Street - 37th Avenue to dead-end 3. 38th Place - Madison Street to dead-end 4. SACA (627 38th Avenue) 5. Library (820 40th Avenue) 6. Heights Liquor Store (5225 University Avenue)- 7. 3710 Central Avenue ICE CONTROL When there is any accumulation of snow or ice, it normally is necessary to salt and/or sand streets. This function begins when reports from the police indicate that slippery conditions exist. On weekends and evenings the duty person is called by the Police or County Central Dispatcher. The duty person organizes the sanding operation based on the Superintendent's standing instructions. Main thoroughfares, controlled intersections, hills, emergency routes, are given priorities. Police reports of slippery conditions are also considered. Application is limited on low volume streets and cul-de-sacs. Sanding provides for traction but is not intended to provide bare pavement during winter conditions. Salt and sand is ordered and mixed in controlled quantities, usually 300 ton at a time. The standard mix ratio will be 4 parts salt to 1 part sand. Mix ratios salt to sand may vary to maximize effectiveness. Salt sand will be furnished for residents in the designated area outside the Recycling Center (3801 Madison Street). The City cannot be responsible for damage to grass caused by the salt/sand mixture and therefore will not make repairs or compensate residents for salt damage to turf areas in the street right-of-way. - 11 - SAND BARRELS Sand barrels are located at the following 12 locations throughout the City. November 15th and removed by the 15th of April. EAST SIDE · Alley behind 3813-15 Pierce St. · 1305 37th Avenue (NE comer of 37th Avenue & Pierce Street) · · They are put in place by 3850 Stinson Blvd. (by Heights Manor Northeast Senior Housing) Across fi:om 4088 Stinson Blvd. Coy street sign) · 2 Barrels at 965 40th Avenue (High Rise) 1 east of Bus Shelter and 1 rear of building at service garage. · 45th Avenue and Stinson Blvd. (SE comer) WEST SIDE · 4907 Jefferson Street Coy driveway north side) · 951 46 Va Avenue (north side by pole) · 4101 Washington Street (NE comer) · 4059 Monroe Street (on 41st Avenue by alley, by pole on west side) · 590 40th Avenue (Police lot by steps) · Alley behind 3932 Central Avenue (attach to power pole) As we approach the end of the winter season, the Public Works Department concentrates on exposing catch basins in critical areas where early runoffmay cause serious damage. Storm drains are inspected for fi:eezing. Some steam thawing may be necessary. SNOW REMOVAL Certain actions and areas were designated by the City Council on January 11, 1982, and amended from time to time, for services. These services are shown on the attached drawing #1. They specifically point out services other than normal street plowing and ice control that the City will perform. When accumulated piles of snow in the business areas, around schools, churches and public buildings indicate hazardous conditions, the Street Dept. begins loading and hauling to storage areas. Snow is to be hauled for storage to 1) Huset Park East Quincy parking lot, (Note: restricted to day time use), 2) Huset Park East Jefferson lot, and 3) Silver Lake Beach parking lot. Snow Removal at Library, A. Parking Lot 3.2 - The Library parking lot will be cleared in accordance with the priorities established in this policy. the lot will be cleared in conjunction with the other municipal lots after snow plowing has been completed on the streets, Police and Fire areas and the pump and lift station accesses. B. Sidewalks During the work week, two members of the Sewer & Water Department will remove snow and ice from the sidewalks, stair wells and entrances to the Library before the Library opens and, if necessary, in the afternoon. The sidewalk snow and ice removal will be done by personnel employed by the Library under the School Work Program if available. The Weekend Duty Person will be responsible for clearing snow and ice from the sidewalks and entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.). Library personnel are responsible for snow and ice clearing on Saturdays after opening and, if conditions warrant, may call out the weekend duty person for assistance. Note: Weekend Duty Person is not responsible for clearing snow and ice from stair wells. Snow Removal - 500 Mill Street A. Driveway The driveway is plowed with a pickup and plow with shoes to avoid removing driveway brick. The snow is back dragged from the garage doors. The pick up tums around and pushes the snow toward the street with the plow angled to the right (north). This snow removal will normally take place with normal snow removal operations on the west side of Central Avenue. B. Sidewalks, steps, ramp, deck next to garage doors The snow is removed f~om these areas with shovels and snow blowers. On weekdays, this maintenance is done during normal working hours by Park Department staff as part of the normal sidewalk route. During weekends and holidays, the duty person determines whether or not maintenance is needed. Maintenance is required if: 1) The snowfall is greater than V2 an inch. 2) The snowfall has ended. The duty person normally makes this determination while responding to a plowing or ice control call. Upon completion of plowing or ice control duties, the duty person is responsible for the sidewalk maintenance. - 13 0 m I J ill' ~,'L"S Z Z c,. 0 0 i-- Z u A39(31~1_-I JO Ail:) = I CITY COUNCIL LETTER Meeting of: 11/24/03 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: RESOLUTIONS ORDERING PREPARATION OF BY: K. Hansen FEASIBILITY REPORT(S) FOR ZONE 7 STREET DATE: 11/17/03x-'~ REHABILITATION PROGRAM Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required reports for the Zone 7 Street Rehabilitation Programs. Zone 7 includes California Street to Central Avenue, 37® Avenue to 40th Avenue, and Main Street to University Avenue, 40t~ Avenue to 45~ Avenue. Our proposed schedule calls for holding the improvement hearing for the project in February 2004. Under this schedule, the project would be bid in March. Recommended Motion: Move to waive the reading of Resolution 2003-51, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2003-51, being a Resolution ordering the preparation ora report for proposed Zone 7 Street Rehabilitation Program. r ..jb Attachments: Resolution COUNCIL ACTION: RESOLUTION NO. 2003-51 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ON THE 2004 STREET REHABILITATION PROGRAM: ZONE 7 PROJECT #2004-02 WHEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in the southeast quadrant of Zone 7. Rehabilitation strategies include complete reconstruction, partial reconstruction or mill and overlay. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 1'03B.201 to 103B.251, as follows: 2004-02 ZONE 7 STREET REHABILITATION NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 24th day of November, 2003. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Julienne Wyckoff, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: 11/24/2003 AGENDA SECTION: CONSENT AGENDA No: ITEM: FINAL PAYMENT FOR SANITARY SEWER LINING, PROJECT 0208 ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. Hansen ~ DATE: 11/18/03~-- ~ CITY MANAGER DATE: Background: On March 24, 2003, Council authorized the 2003 sanitary sewer lining program, Project No. 0208. The project consisted of 1,656 feet of continuous lining of the 12" main trunk line on Monroe Street along the mid-block easement, and on Washington Street to 44t~ Avenue. On August 11, 2003, Order No. 1, which added lining the 8" main on Van Buren Street, from 42nd to 43ra Avenues. Analysis/Conclusions: Staff is recommending approval of final payment to the work. A copy of the invoice and the Engineer's Report of Final Acceptance is the original bid and approved change orders. Inc. and acceptance of The Final Payment is consistent with Recommended Motion: Move to accept the work for Sanitary Sewer Lining, City Project payment of $3,047.77 to Insimform Technologies USA, Inc. &Chesterfield, Missouri. 0208, and to authorize final KH:jb Attachment: Engineer's Report of Final Acceptance Final Invoice from Insituform COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2003 SANITARY SEWER LINING PROGRAM CITY PROJECT NUMBER 0208 November 18, 2003 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Insituform Technologies USA, Inc. The work consisted of lining 12" sanitary sewer main on Monroe Street beginning at 43rd Avenue, along the mid-block easement, and on Washington Street to 44th Avenue and 8" sanitary sewer main on Van Buren Street, fi.om 42nd to 43rd Avenues. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the mount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED ALL PRIOR PAYMENTS $ 44,546.40 $16,409.00 $ 60,955.40 $ 60,955.40 ($ 57~907.63 BALANCE DUE Sincerely, CITy ~2~F COLUMBIA HEIGHTS City Engineer $ 3,047.77 oo o CITY COUNCIL LETTER Meeting of: 11/24/03 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: .~-/~--~ PUBLIC WORKS ITEM: RECOGNITION OF SULLIVAN LAKE PARK BY: K. Hansen~ BENCH DONATIONS DATE: 11/17/~ DATE: Background: At the Park and Recreation Meeting of March 26, 2003, the Commission directed staffto seek donations for new benches at Sullivan Lake Park as an additional source of funding. Analysis and Conclusions: Staff sent out approximately 35 letters to businesses and residents around Sullivan Lake soliciting donations for a new park bench at a cost of $570 each. Six donations were received. They are as follows: Medtronic (2 benches) Gerry Herringer Sylvia Okerstrom Chuck Emme Joyce Knutson Thank you letters have been sent to each of them from the Park and Recreation Commission Chairperson, Eileen Evans as well as a letter from the Public Works Director thanking them for their generosity to the City. Recommended Motion: Move to acknowledge receipt of donations for the park benches along the walking path at Sullivan Lake Park. K~.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 11/24/03 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER No: .5 PUBLIC WORKS ITEM: RESOLUTION: ORDERING PREPARATION OF BY: K. Hansen~ ~)~i,E.~-/~,.~~ FEASIBILITY REPORT(S) FOR ZONE 6 SEAL COATING DATE: 11/17/03~_.-~~ . PROJECT #0301 Background: To comply with Minnesota State Statutes involving an assessed improvement project, a resolution must be passed by the City Council calling for a report on the necessity, cost effectiveness and feasibility of the proposed improvement. Analysis/Conclusions: The attached resolution calls for the City Engineer to prepare the required reports for the Zone 6 Seal Coat Street Rehabilitation Programs. Zone 6 seal coat streets include 4*, 5~ and 6t~ Streets from 40t~ to 44~ Avenues, 41~t, 42na and 43ra Avenues from University Avenue Service Drive or 4a Street to Central Avenue and 45~ Avenue from University Avenue Service Drive to 5th Street. Our proposed schedule calls for holding the improvemem hearing for the project in January 2004. Under this schedule, the project would be bid in Febmaxy. Recommended Motion: Move to waive the reading of Resolution 2003-53, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2003-53, being a Resolution ordering the preparation ora report for proposed Zone 6 Seal Coat Street Rehabilitation Program, Project #0301. r~q.'jb Attachments: Resolution COUNCIL ACTION: RESOLUTION NO. 2003-53 BEING A RESOLUTION ORDERING THE PREPARATION OF REPORTS ZONE 6 SEAL COAT PROGRAM PROJECT #0301 WItEREAS, the City Council of Columbia Heights is proposing to rehabilitate local streets in Zone 6 that have not been rehabilitated under the street program. WHEREAS, the City Council intends to assess the benefitted property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Section 429.011 to 429.111 (Laws 1953, Chapter 398, as amended), and Section 103B.201 to 103B.251, as follows: 2003-01 ZONE 6 SEAL COAT PROGRAM NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the proposed improvements be referred to Mr. Kevin Hansen, City Engineer, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvements are necessary, cost effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Dated this 24t~ day of November, 2003. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Julienne Wyckoff, Mayor Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting off 11/24/03 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~'_/~_~ PUBLIC WORKS ITEM: AUTHORIZATION TO SEEK BIDS FOR 2004- BY: K. Hanscn ~ BY: 2005 DISEASED TREE REMOVAL PROGRAM DATE: 11/17/03W----~ DATE: Background: Staff requests authorization to seek bids for the 2004-2005 Dutch Elm Diseased Trcc Removal Program. This is an ongoing program to remove diseased or hazardous trees throughout the City. To provide continuity, thc contract covers a two-year period. The current contract ends December 31, 2003. Analysis and Conclusions: Funding for tree removals comes from the General Fund for trees on public rights-of-way or land. Funding for privately owned trees is funded 25% by the General Fund with property owners paying for the other 75%. In 2002 the City's tree contractor removed 175 trees, 130 public and 45 private and in 2003 143 trees were removed, 79 private and 64 boulevard. Recommended Motion: Move to authorize staff to seek bids for the 2004-2005 Diseased Tree Removal Program. ~m.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: 5'--/~ - ] ~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson~y¥'X ,. DATE~/~~ NO: DATE: Nov. 20, 2003 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the November 24, 2003 City Council meeting. This agenda consists of applications for Contractor licenses for 2004 and other various license renewals for 2004. 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 November 24, 2003 as presented for 2004 Licenses. COUNCIL ACTION: · TO CITY COUNCIL November 24, 2003 *Signed Waiver Form Accompanied Application 2003 BUSINESS LICENSE AGENDA NONE ****LICENSES FOR 2004**** BLDG CONTRACTORS *Sharp Heating & AC *Air Mechanical Inc *Riccar Heating *Action Heating 8140 *Corporate' Mechanical 5114 Superior Heating & AC 2132 *Modem Heating & AC 2318 *Swenson Heating 6700 *Norblom Plumbing 2905 *Modem Roadways 1620 *LeRoux Excavating 2104 7221 University Ave 16411 Aberdeen St NE 2387 Station Pkwy Arthur St NE Hillsboro Ave No 2nd Ave No, Anoka 1st St NE, Mpls W. Broadway Garfield Ave So. Winnetka Ave N, Golden Val 64th St, Wht Bear Lk $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 FIRE GAS DISPENSING DEVICES *University Auto Service 5257 University Ave *Jeff, Bobby & Steve's 3701 Central Ave $8O.O0 $160.00 GAMES OF SKILL POLICE *Metro Coin of MN 8055 Ranchers Rd, Fridley For Star Bar, VFW, Denny's *Mendota Valley Amuse 9177 E Crthse Blvd Crt For BW3 and VFW *Jubilee Music Co 1387 E Cope Ave or LaCabema $90.00 $210.00 $75.00 ZONING MOTOR VEHICLE SALES First Community Credit Union 843 40th Ave $200.00 POLICE/ZONING PET SHOPS Exotic Pet Supply 4940 Central Avenue $50.00 POL/FIRE/BLDG/ZA SECONDHAND DEALER *Game Crazy/Hollywood Video 4849 Central Ave Hair Studio 425 40t~ Avenue $100.00 $100.00 ENG COURTESY BENCHES US Bench Corp 3300 Snelling Ave Mpls $450.00 POL/FIRE/BLDG/ZA WINE/BEER LICENSE *LaCabema Bar & Grill 4952 Central Ave $2400.00 POLICE CIGARETTE/TOBACCO *Hot Market 5011 University Ave, CH *University Auto Service 5257 University Ave, CH *Salem Tobacco 2325 37th Place NE, CH *Sama's Tobacco 4329 Central Ave, CH $200.00 $200.00 $200.00 $200.00 POL/FIRE/BLDG/ZA CLUB LIQUOR/TEMP. BEER Col. Hts. Lions Club 530 Mill St, CH Temp beer is for Jamboree 2004 $300.00 Liq $500.00 Beer CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: ~~ ~,9'003 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number /D ~"'1 through in the amount of$ ~"/i ~).~0, . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and arc hereby, recommended for payment. ACS FIN~CIAL SYSTEM CITY OF COL~BIA HEIGHTS 11/20/2003 15:44:50 Check History GL050S-V06.55 COVERPAGE GL540R * *** C 0 U N C I L *** * * *** C O U N C I L *** * * *** C O U N C I L *** * * *** C O U N C I L *** * Report Selection: Optional Report Title ....... 11/24/03 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 105867 thru 106054 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 11/20/2003 15 Check History 11/24/03 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT AMERICAN BOTTLING COMPAN ARCTIC GLACIER CITY OF NEW BRIGHTON COCA-COLA BOTTLING MIDWE D'VINE WINE DISTRIBUTORS DIZDAREVIC/MIRSAD EAST SIDE BEVERAGE CO EXTREME BEVERAGE FIELD/MATTHEW FINE WINES FROM EUROPE FRITZ COMPANY INC G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HOHENSTEINS INC JOHNSON PAPER & SUPPLY C KORBA/FRANCES KUETHER DIST. CO. LARSEN/JOHN MARK VII DIST. MEDTRONIC INC MINNESOTA CROWN DISTRIBU MIRC~URSKI/THEODORE MISKE JR & MARY JO MISKE NEEDHAM DISTRIBUTING CO NEI COLLEGE OF TECHNOLOG PAUSTIS & SONS PEPSI-COLA-7 UP PETTY CASH - MARY DUGDAL PETTY CASH - REBECCA LOA PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS SHELLITO/BRUCE STELTEN/DELORES TURAN/~ARK TWIN CITY AREA LABOR MGM VERIZON WIRELESS VISA WALSH/LORETTA WINE COMPANY/THE WORLD CLASS WINE WELLS FARGO - PAYROLL AC AARP AASEN/MYRNA AMERICAN BOTTLING COMPAN ARCTIC GLACIER BELLBOY BAR SUPPLY CHECK NUMBER 105867 105868 105869 105870 105871 105872 105873 105874 105875 105876 105877 105878 105879 105880 105881 105882 105883 105884 105885 105886 105887 105888 105889 105890 105891 105892 105893 105894 105895 105896 105897 105898 105899 105900 105901 105902 105903 105904 105905 105906 105907 105908 105909 105910 105911 105912 105913 CITY OF COLUMBIA HEIGHTS GL540R-V06.55 PAGE 1 AMOUNT 148.74 80.16 3,900.00 916.60 697.20 5.93 75,436.45 320.00 40.47 655.25 7,656.80 50.82 7.77 430.11 9,610.55 938.74 11.00 33,292.20 46.75 36,027.43 48,443.00 1,846.00 22.00 4,984.00 667.75 20,000.00 1,900.18 211.20 107.87 36.00 1,542.17 29,514.39 500.00 30.00 254.15 110.00 306.44 2,395.00 11.00 2,318.26 829.78 252,097.27 230.00 11.00 208.69 188.08 98.32 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2003 15 Check History GL540R-V06.55 PAGE 2 11/24/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BELLBOY CORPORATION CHISAGO LAKES DISTRIBUTI CITY WIDE WINDOW SERVICE COLUMBIA HEIGHTS VOLUNTE EAST SIDE BEVERAGE CO EXTREME BEVERAGE FINNEY~JERRY FRENCH/NANCY FRITZ COMPANY INC GENUINE PARTS/NAPA AUTO GLENWOOD INGLEWOOD GRIGGS-COOPER & CO HARDY/FRAN HEINRICH ENVELOPE CORP HOHENSTEINS INC HOME DEPOT ~2802 JOHNSON BROS. LIQUOR CO. MIDWEST ASPHALT CO. MINNESOTA COACHES NELSON/RITA OFFICE DEPOT ONVOY PETTY CASH - JEAN ANDRES QWEST COMMUNICATIONS SAMS CLUB SCUDDER/JO ANN WEIST/PAUL WODZIAK/MARGARET XCEL ENERGY (N S P) ACE HARDWARE ADVANCED GRAPHICS SYSTEM ALL SAFE FIRE & SECURITY AMERIPRIDE ANOKA COUNTY ANOKA COUNTY - GOV'T CEN ANOKA COUNTY LIBRARY ASPEN MILLS, INC. AWD COOLERS OF MINNESOTA B & B SEAT COVER B & M AUTO ELECTRIC CO BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BAUDVILLE BAUER BUILT TIRE & BATTE BFI/WOODLAKE SANITARY SE BOOK WHOLESALERS INC 105914 2,358.95 105915 2,177.65 105916 40.47 105917 75,788.00 105918 16,752.15 105919 320.00 105920 74.00 105921 123.50 105922 5,044.91 105923 6.67 105924 63.19 105925 18,564.07 105926 11.00 105927 160.00 105928 10,582.55 105929 59.57 105930 4,723.77 105931 84,936.16 105932 829.50 105933 206.22 105934 20.81 105935 24.95 105936 98.41 105937 59.04 105938 150.00 105939 123.50 105940 74.00 105941 37.00 105942 3,773.94 105943 128.79 105944 132.39 105945 5,960.58 105946 81.44 105947 19.87 105948 24,952.29 105949 605.87 105950 565.15 105951 60.55 105952 296.70 105953 317.37 105954 119.82 105955 1,250.18 105956 13,992.00 105957 107.65 105958 58.03 105959 209,726.09 105960 95.39 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2003 15 Check History GL540R-V06.55 PAGE 3 11/24/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BRAKE & EQUIPMENT WAREHO BRODART CADD/ENGINEERING SUPPLY CAMDEN PET HOSPITAL CATCO PARTS SERVICE CDW-G CENTER POINT ENERGY MINN CLARK PRODUCTS INC COLUMBIA HEIGHTS RENTAL COORDINATED BUSINESS SYS COSTCO $372 CREIGHTON BRADLEY GUZZET CSC CREDIT SERVICES CUMMINS N POWER, LLC DAVIES WATER EQUIPMENT C DEMCO DETERMAN BROWNIE, INC DONAGHUE DOORS INC ELLISON EDUCATION EQUIPM EMERGENCY AUTOMOTIVE TEC EMERY-PRATT FITZCO INCORPORATED G & K SERVICES GALE GROUP/THE GALLES CORPORATION GASCH/BOB GENERAL ELECTRIC CO GENUINE PARTS/NAPA AUTO GEORGE/JERRY GLASS MASTERS GOPHER SIGN CO. GRIFFIN PETROLEUM SERVIC GROVE NURSERY GUARDIAN POOL SERVICES HAB INC }{APPEL DBA PLANSIGHT/JER HARVEST PAINT HIGHSMITH INC HOISINGTON KOEGLER GROUP HOME DEPOT #2802 HOUCHEN BINDERY LTD IPC PRINTING IRONDALE BASEBALL LEAGUE LEAGUE OF MN CITIES INS LIBRARY VIDEO COMPANY LUBE-TECH MAINTENANCE WARE HOUSE 105961 81.36 105962 264.30 105963 47.93 105964 1,410.00 105965 791.25 105966 84.00 105967 153.69 105968 16.29 105969 10.65 105970 4,092.51 105971 299.80 105972 849.00 105973 25.00 105974 36,227.72 105975 572.25 105976 84.93 105977 627.00 105978 290.00 105979 101.00 105980 2,522.52 105981 73.43 105982 28.35 105983 209.46 105984 20.76 105985 69.90 105986 280.00 105987 423.87 105988 211.37 105989 200.00 105990 820.00 105991 826.44 105992 263.35 105993 50.59 105994 46.32 105995 219.00 105996 7,718.40 105997 485.00 105998 52.08 105999 2,808.25 106000 71.12 106001 123.65 106002 222.07 106003 106.83 106004 44,199.25 106005 723.58 106006 231.52 106007 59.51 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2003 15 · Check History GL540R-V06.55 PAGE 4 11/24/03 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT MCM'S LAMP RECYCLING MEDTOX LABORATORIES, INC MENARDS CASHWAY LUMBER-F MERIT RECOGNITION METROCALL - ATT MESSAGIN METROPOLITAN COUNCIL WAS MIDWAY FORD MIDWEST ASPHALT CO. MINNEAPOLIS FINANCE DEPT MINNESOTA DEPARTMENT OF MINNESOTA GREEN EXPO MTI DISTRIBUTING NFPA INTERNATIONAL NORTH CENTRAL AMBULANCE NORTHEASTER OFFICE DEPOT PARKVIEW VILLA RESIDENT PEDDYCOART SERVICE GROUP PEPSI-COLA-7 UP PERRY'S CENTRAL SERVICES PETTY CASH - CAROLE BLOW POLICE MARKSMAN ASSOCIAT PREMIUM WATERS INC RAPID GRAPHICS & MAILING REED BUSINESS INFORMATIO SCHINDLER ELEVATOR CORP SCHURCON, INC SIMPLEX GRINNELL STAR TRIBUNE STOFFEL SEALS CORPORATIO STOPTECH LTD STREICHER'S GUN'S INC/DO SYSTEMS SUPPLY INC. TRI STAR HOME IMPROVEMEN TROPHIES BY LINDA TUBBS/MARSHA ULTIMATE OFFICE UPSTART URS BRW INC VAN-O-LITE VERIZON WIRELESS VOSS LIGHTING WESTON WOODS WHEELER LANDSCAPE WILSON DEVELOPMENT SERVI WW GRAINGER, INC XCEL ENERGY (N S P) 106008 154.58 106009 43.50 106010 473.48 106011 16.25 106012 14.60 106013 62,382.67 106014 119.28 106015 83.35 106016 92,954.42 106017 8,252.00 106018 225.00 106019 146.63 106020 22.05 106021 1,164.79 106022 117.00 106023 623.54 106024 886.50 106025 686.93 106026 540.00 106027 480.85 106028 290.00 106029 18.95 106030 36.99 106031 8,982.00 106032 140.14 106033 202.80 106034 15,553.29 106035 773.46 106036 56.29 106037 347.70 106038 12.00 106039 599.95 106040 661.78 106041 310.00 106042 101.18 106043 29.37 106044 215.33 106045 185.57 106046 4,008.20 106047 107.46 106048 6.25 106049 30.58 106050 25.90 106051 569.18 106052 430.44 106053 36.21 106054 127.50 1,337,130.90 *** ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 11/20/2003 15 Check History GL540R-V06.55 PAGE 5 11/24/03 COUNCIL LISTING BANK VENDOR REPORT TOTALS: CHECK NUMBER AMOUNT 1,337,130.90 RECORDS PRINTED - 000995 ACS FINANCIAL SYSTEM 11/20/2003 15:44:52 FUND RECAP: FUND DESCRIPTION 101 201 203 204 212 213 225 226 235 240 276 278 378 385 390 401 402 415 420 431 439 601 602 603 604 609 653 701 720 884 885 GENERAL COMMUNITY DEVELOPMENT FUND PARKVIEW VILLA NORTH ECONOMIC DEVELOPMENT AUTH STATE AID MAINTENANCE PARKVIEW VILLA SOUTH CABLE TELEVISION SPECIAL PROJECT REVENUE RENTAL HOUSING LIBRARY LOCAL LAW ENFORCE BLK GRANT JUVENILE JUSTICE GRANT MEDTRONICS DS MULTI-USE REDEVELOPMENT PLAN BROOKLYN CENTER ET AL BONDS CAPITAL IMPROVEMENTS STATE AID CONSTRUCTION CAPITAL IMPROVEMENT - PIR CAP IMPROVEMENT-DEVELOPMENT CAP EQUIP REPLACE-GENERAL FIRE CAPITAL EQUIPMENT WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR STORM SEWER CONSTRUCT. FUND CENTRAL GARAGE DATA PROCESSING INSURANCE ESCROW TOTAL ALL FUNDS Check History DISBURSEMENTS 115,761 78 4,045 16 2,998 99 138 77 386 06 1,291 76 849 00 1,488.79 33.07 10,099.22 84.00 19.16 48,443.00 4,984.00 20,000.00 140.14 2,557.41 100,489.45 3,103.61 61,304.47 5,629.06 101,969.30 62,711.26 209,880.67 18.00 268,453.84 466.65 3,321.17 2,360.46 44,199.25 259,903.40 1,337,130.90 CITY OF COLUMBIA HEIGHTS GL060S-V06.55 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 1,337,130.90 1,337,130.90 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: Public Hearing ORIGINATING DEPARTI~IENT: CITY NO: ~ /~ Community Development MANAGER'S - APPROV_AL~ / ITEM: Approve Loan to Purchase NEI BY: Robert Streetar BY:~,/,/',~~ Property at 825 41st Avenue NE DATE: November 17, 2003 BACKGROUND On June 1, 2003, the Dunv~oody College of Technology merged with NEI College of Technology. The terms of the merger call for Dunwoody to assume ownership of all NEI assets, including its facility located at 825 41st Avenue in Columbia Heights. It is NEI's intent to sell the building, but in any event, the building will be entirely vacant on January 1, 2004. NEI has worked to find a potential user for the existing building, or a developer to redevelop the entire property. According the Mr. Bill Tobin, the brokerwith CRESA Partners representing NEI, while a number of potential users were contacted, none of them expressed an interest in reusing the building, sighting the tremendous cost of rehabilitating building systems. In addition, City staff presented this opportunity to United Properties, Inc., Welsh Companies, Inc., Schaffer Richardson, Inc., and the Cornerstone Group, Inc. All indicated the reuse of the building is not feasible, and that redevelopment is the only feasible option. NEI contacted the City to determine its interest in purchasing the property. Subsequently, the Columbia Heights Economic Development Authority (EDA) presented to NEI on November 11 an agreement to purchase the property for $600,000. The pumhase includes approximately 5.5 acres of land, as well as the building, which is approximately 120,000 square feet. The NEI Board of Directors will review and act upon the purchase agreement on November 19. Please find attached a copy of the purchase agreement. The EDA is requesting a loan from the City for $600,000 to purchase the NEI property. Funds for the loan would come from fund 390.00.13100 in which there currently exists $678,000. Funds to repay the loan would most likely come from land sale proceeds upon redevelopment. RECOMMENDATION: Move to approve a loan for $600,000 from the City of Columbia Heights to the Columbia Heights EDA for the purchase of a property located at 825 41st Avenue with funding to come from Fund 390-00-13100. RECOMMENDED MOTION: Move to approve a loan for $600,000 from the City of Columbia Heights to the Columbia Heights EDA for the purchase of a property located at 825 41st Avenue with funding to come from Fund 390-00-13100. COUNCIL ACTION: H:\NEI\CC Approval of Loan attach depiction PURCHASE AGREEMENT COpy THIS AGREEMENT, made and entered into this __ day of November, 2003, by and between NEI College of Technology, a private, non-profit Minnesota corporation ("Seller") and the City of Columbia Heights Economic Development Authority (EDA), a political subdivision of the State of Minnesota ("Buyer'.'). WITNESSETH: 1. Description of'land Sold. Seller, in consideration of the covenants and agreements of Buyer hereinafter contained, hereby sells and agrees to convey unto the Buyer, its successors and assigns, by warranty deed, accompanied by an abstract of title or registered property abstract and Seller's affidavit, upon the prompt and full performance by the Buyer of its part of this Agreement, the real property, known as the NEI Site consisting of a parcel of property containing approximately 5.5 acres, and a building of approximately 120,000 square feet, located at 825 41st Avenue NE, Columbia Heigahts, Minnesota and legally described in Exhibit A attached hereto (the "Property"); 2. ~umha.se_P_.rir~. Buyer, in consideration of the covenants and agreements of Seller, hereby agrees to pay to Seller as and for the purchase price of the Property, Six Hundred Thousand and no/Dollars ($600,000.00), subject to adjustment as hereinafter provided, in the manner and at the times following, to wit: $20,000.00 Earnest money, the receipt of which is hereby acknowledged by Seller, but which shall be applied to the purchase price hereunder and said $20,000.00 earnest money shall be non-refundable, all except in the event of term/nation of this Agreement by Buyer pursuant to paragraph(s) 7, 8, or 10 hereof. 3. Deed. It is agreed that the Warranty Deed executed and delivered by Seller to Buyer at the Closing Date (accompanied by all customary affidavits and certificates) shall be subject only to the following exceptions: (a) Building, zoning and platting laws, ordinances and state and federal re~lations; ... (b) Reservation of any minerals or mineral rights to the State of Minnesota; (c) Utility and road easements of record that do not interfere materially with the use or development of the Property by Buyer, as disclosed by visual inspection of the easement on the Survey; .' (d) The lien of current taxes not yet due and payable, if any; (e) The lien of special assessments of record and all levied assessments; Said Deed shall be accompanied by all required well disclosures. 4. Taxes and Special Assessments. Seller represents that the Property is exempt fi.om payment of real estate taxes pursuant to Minn. Stat. {}272.02, subd. 5. Seller shall pay all real estate taxes interest, and penalties, if any, and all installments of special assessments, if any, relating to the Property due and payable in 2003 and the years prior thereto. Provided that the transaction MTN.2.tOO9Ov4 CL205-21 ' · ' - contemplated by this Agreement shall close, Buyer warrants that the Property will be exempt from property taxes upon purchase pursuant to Minn. Stat. §272.02, subd. 39. Seller shall pay all pending or levied special assessments as of the Closing Date. Seller shall be responsible for any other taxes due as a result of the sale of the Property. Buyer's 17ndertaking..q. Buyer represents that it will undertake the following activities at its option, and expense: (a) Complete a current Phase I Environmental report prepared in accordance with ASTM standards E-1527-000 coveting the Property within forty-five (45) days at~er acceptance of this Agreement by Buyer and Seller. Seller will provide soil tests, if available. Co) Complete the process of securing quotations of the cost of demolition of the building on the Property by firms or entities qualified to perform such services, within forty-five (45) days after acceptance of this Agreement by Buyer and Seller. (c) Complete the process of securing an asbestos removal estimate for the building on the Property within forty-five (45) days after acceptance of this Agreement by Buyer and Seller. (d) Complete the process of securing an engineering inspection and report which documents to Buyer's satisfaction that the structures on the Property are structurally substandard within the meaning of Minn. Stat. § 469.174, subd. 10, within forty-five (45) days after acceptance of this Agreement by Seller and Buyer. 6. Preliminary. In.qpectinn by Flu?r, Buyer shall have the right, prior to the Closing Date, to enter upon the Property for the purpose of taking soil tests, borings, making surveys and maps and performing other preliminary investigative work, provided, however, that Buyer shall indemnify and hold harmless Seller from any mechanic's liens or claims arising out of such preliminary development work by Buyer. Prior to the Closing Date, Buyer shall not construct or cause the construction of any improvements on the Property. 7. Fluyer's Condltinn.~ Precedent tn .Clnsing. The obligation of Buyer to close on the purchase of the Property is subject to and contin~bnt upon the satisfaction prior to the Closing Date of the following conditions, any of which may be waived in whole or in part by Buyer on or prior to the Closing Date: (a) Buyer, at its option, shall have obtained soil tests, percolation tests, and similar engineering reports that confirm to the Buyer the satisfactory condition of the soils; (b) Buyer shall have obtained assurances satisfactory to Buyer that sewer and water utility services are available to the Property, including necessary easements to provide sewer and water trunk mains to the Property; (c) Buyer shall have obtained at its expense environmental inspection reports and other ii:ems described in paragraph 5 of this Agreement, disclosing the satisfactory condition of the Property to Buyer. (d) Buyer shall have obtained financing for the purchase of the Property from the City of Columbia Heights under terms mutually agreeable to Buyer and the City. MTN-240090v4 CL205o21 "' In the event that Buyer is unable to satisfy any of the foregoing conditions by the Closing Date, or any of the respective reports or tests permitted by paragraphs 5, 6 or 7 of this Agreement disclose a condition or conditions of the Property unsatisfactory to Buyer, Buyer may, by written notice to Seller, either waive such conditions, or at Buyer's option, terminate this Purchase Agreement, whereupon Seller shall refund all earnest money paid by Buyer and neither party shall have any further liability hereunder, provided that Buyer shall deliver an executed quit claim deed to the Property to Seller. Buyer agrees to diligently proceed to satisfy the conditions of this paragraph. 8. Fxaminatinn of' Title. Seller shall, within fifteen (15) days after the date hereof, furnish Buyer a current abstract or registered property abstract of the Property, which shall include proper searches covering bankruptcies, state and federal judgments and liens. Buyer shall be allowed thirty (30) days after receipt of the abstract for examination of said title and the making of any objections thereto, said objections to be made in writing or deemed to be waived. The Seller shall use its best efforts to make such title marketable within six (6) months fi.om its receipt of Buyer's written objection. Marketability oftitle shall be determined according to Minnesota statues, Minnesota case law decisions, and the standards of Minnesota title standards. Pending correction of title, the payments hereunder required shall be postponed, but upon correction of title and within ten (10) days alter written notice, Buyer shall perform as provided in this Agreement. If said title is not marketable and is .not made so within six (6) months from the date of written objections thereto as above provided, Buyer may either (i) terminate this Purchase Agreement by giving written notice by registered mail to Seller, in which event this Purchase Agreement shall become null and void and neither party shall be liable for damages hereunder to the other party and the earnest money shall be returned to Buyer following expiration of 120 days after the last work was performed on the Property; or (ii) elect to accept title in its unmarketable condition by giving written notice by registered mail to Seller, in which event the warranty deed to be delivered at Closing Date shall except such objections. 9. Sur~ey. Buyer may at its option procure, at its sole expense, an ALTA survey of the Property prepared by a registered land surveyor (.the "Survey"). 10. Default. If Seller, through no fault of Buyer, defaults in its obligations hereunder in any manner, Buyer may, by notice upon Seller, (i) terminate tkis Purchase Agreement, in which event all earnest money paid hereunder shall immediately be delivered to Buyer, or (ii) avail itself of an action for specific performance. If Buyer shall default in the performance of any of its obligations hereunder, then Seller shall be entitled to terminate this Agreement upon 30 days written notice to Buyer, pursuant to Minn. Stat. §559.21 and, upon such termination, Seller shall retain all earnest money theretofore paid hereunder, as and for its liquidated damages and sole remedy for said breach, and not as a penalty or forfeiture, actual damages being difficult or impossible to measure, and no party hereto shall have any further claim against the other hereunder. In such event, Buyer shall provide Seller with its quitclaim deed. Nothing herein shall relieve Buyer of any obligation to indemnify or hold Seller harmless as stated herein, including obligations of Buyer arising oat of unsatisfied mechanic's liens which Seller would have to pay because of work performed on the Property at the request of Buyer. Il. that: M TN-240090v4 C L205-21 Representationq and Warranties by ~qeller. Seller represents and warrants to Buyer (a) There is no action, litigation, investigation, condemnation or proceeding of any kind pending against Seller or the Property which could adversely affect the Property., any portion thereof or title thereto. Seller shall give Buyer prompt written notice if any such action, litigation, condemnation or proceeding is threatened or commenced prior to the Closing Date. (b) To the best of Seller's knowledge, the Property has not been used for the generation, transportation, storage, treatment, or disposal of any hazardous waste, hazardous substance, pollutant, or contaminant, including petroleum, as defined under federal, state or local law, except farm fertilizer used in the ordinary come of farming. (c) If there is a well located on the Property, Seller will provide at Closing a well disclosure. There are no underground storage tanks located on the Property. There is no septic system located on the Property. (d) To the best of Seller's knowledge, there has been no dumping or placement or burying of trash or construction debris in or on the Property. Seller hereby agrees that each of the foregoing representations and warranties shall survive closing hereunder and that the breach of any thereof shall constitute a default, whether said breach occurs prior to or afl:er Closing, entitling Buyer to exercise any remedy provided to Buyer in this Agreement in the event ora default by Seller or any other remedy allowed by law. 12. C,k~ug_Da~. The Closing Date of this transaction shall take place no later than sixty (60) days afl:er acceptance of this Agreement by Seller and Buyer. The Closing Date may be accelerated by mutual agreement of the parties if all contingencies contained herein are satisfied prior to conclusion of the 60 day period. At closing, Seller and Buyer shall deliver to one another the instruments specified herein. Subject to the provisions of Paragraph 6 hereof, possession of the Property shall be delivered to Buyer on the Closing Date. 13. ~ All notices provided herein shall be given in person or be sent by United States mail, either certified or registered, postage prepaid, to Seller at -- and to Buyer at 590 40th Avenue NE, Columbia. Heights, Minnesota 55421-3878. l.~'notice is given by registered or certified mail, deposit in the United States mail of said notice on or before the date such notice is to be given shall be deemed timely and acceptable. 14. l:troker_ Seller represents to Buyer that Seller has engaged a real estate broker in connection with Seller's sale of the Property. Buyer shall not be responsible for the brokerage fee or commission due any real estate broker retained by Seller. Seller shall defend, indemnify and hold harmless the Buyer fi-om any claims of any such broker. 15. Condemnation. In the event that during the pendency of this Purchase Agreement the Property or any portion thereof is condemned or taken by a public authority, at Closing, Seller shall assign or deliver to Buyer all proceeds or compensation for such condemnation or talcing (and all rio,.~ts thereto) ah'd Seller shall convey the Property to Buyer subject to such condemnation or taking. MTN-240090v4 CL205-21 '. '. - 16. Waiver of Relcm,tion Renefit.q, Seller represents that it has requested that the Property be acquired by Buyer, that it is willing and eager to sell the Property to Buyer, that it has voluntarily negotiated this Agreement with Buyer, and that therefore, Seller specifically waives any claim to relocation benefits otherwise permitted by state or federal law described in Minn. Stat. § 117.52. Seller further warrants that at or prior to the Closing Date, Seller shall deliver to Buyer a waiver of relocation benefits agreement meeting the requirements of Minn. Stat. § 117.521, subd. 1, in a form to be approved by Buyer in its sole discretion. Seller further represents that it has ~ven. current tenant a notice to vacate the Property, effective December 31, 2003. Seller understands that it cannot waive tenant's fight to relocation benefits, if any, otherwise permitted pursuant to Minn. Stat. §§ 117.52 and 117.521. Therefore, Seller agrees to indemnify Buyer, and defend and hold Buyer harmless, from any relocation benefits Seller's tenant may be eligible to receive as a result of Buyer's purchase of the Property. 17. Mi.qcellanemm. The terms, covenants, ihdemnifies and conditions of this Purchase Agreement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties hereto, and shall survive the Closing Date. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. SELLER: NEI College of Technology Date BLry'ER: City of Columbia Heights Economic Development Authority Don Murzyn / / 0t tsat~ ' Its President - Walt Fehst Its Executive Director TN-240090v2 205-21 Parcel Lot l, Parcel Outlot Parcel Outlot EYd-IIBIT A LEGAL DESCRIPTION OF THE PROPERTY (on following pages) 1: Block I, Northwestern 2nd Addition* 2: A, Northwestern 2nd Addition 3: C, Northwestern 2"a Addition Parcel 4: Outlot E, Northwestern 2nd Addition Parcel 5: Outlot F, Northwestern 2~'~ Addition * All references to Northwestern 2nd Addition refer to the plat of Northwestern 2nd Addition which will be filed with the City of Columbia Heights and Anoka County prior to Closing Date. Lots 29 and 30, Columbia Heights Annex to Minneapolis M'FN-240090v2 CL205-21 CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: ORDINANCES--,n~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ,~1~__ CITY MANAGER'S APPROVAL PERTAINING TO CHAPTER 5, SECTION DATE: DAT 36, EXPENDITURES BY PETITIONER NO: Language in this section of the current city charter restricts the amount of personal expenses of a petitioner in a referendum situation. The Charter Commission recommends removal of the specific restriction on the amount of personal expenses of a petitioner from this section of the city charter. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1464, being an Ordinance amending Chapter 5, Section 36, Expenditures by Petitioner, of the City Charter. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1464 for Monday, December 15, 2003,at approximately 7 p.m. in the Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1464 BEING AN ORDINANCE AMENDING CHAPTER 5, SECTION 36, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO EXPENDITURES BY PETITIONER The City of Columbia Heights does ordain: Chapter 5, Section 36, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 5 EXPENDITURES BY PETITIONER SECTION 3 6. NO member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof, but this shall not prevent the committee from incurring an expense not to exceed four hundred dollars for legal advice, copying, printing, and notaries' fees. Any committee member, at their sole discretion and at no charge to said committee member, may utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 5 EXPENDITURES BY PETITIONER SECTION 3 6. NO member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no signor of any such paper, or any other person, shall accept or offer any reward, pecuniary or otherwise for services rendered in connection with the circulation thereof. Any committee member, at their sole discretion and at no charge to said committee member, may utilize the services of the city attorney so as to assure that the proposed ordinance is consistent as to form and structure with other similar ordinances enacted by the city council. Any violation of the provisions of this section shall constitute a misdemeanor. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Patty Muscovitz, Deputy City Clerk/Council Secretary Julienne Wyckoff, Mayor CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: ORDINANCES -~ _~~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO:/ /~ -~-- CITY MANAGER'S APPROVAL PERTAINING TO CHAPTER 12, SECTION DATE: DATE: '/'~ '//'~! -'~ 108, OFFICIAL PUBLICATIONS NO: The City Charter currently states that posting of typewritten, mimeographed, or printed copies of ordinances, resolutions, notices, etc. should be posted at important street intersections, fire station, etc. The Charter Commission wants to bring the wording into the 21~t Century by deleting some of the language mentioned above and adding in language about the city's website. It is strictly a housekeeping issue. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1465, being an Ordinance amending Chapter 12, Section 108, Official Publications, of the City Charter. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1465 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1465 BEING AN ORDINANCE AMENDING CHAPTER 12, SECTION 108, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO OFFICIAL PUBLICATIONS The City of Columbia Heights does ordain: Chapter 12, Section 108, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 12 OFFICIAL PUBLICATIONS SECTION 108. The council shall regulate by ordinance the manner in which official publicity shall be given to the holding of elections, to ordinances, resolutions, initiative, referendum, and recall petitions, to requests for bids upon contemplated purchases and contracts, and to all other matters whatsoever which require publication either by the terms of this charter or by the constitution and laws of Minnesota. It shall annually designate a newspaper of general circulation in the city as the official paper in which shall be published such measures and matters as are by the constitution and laws of this state required to be so published, and such other matters as the council may deem it wise to have published in this matter, or in lieu thereof it may establish a municipal publication, which shall then be the official newspaper. The council may in its discretion provide for the publication of the annual budget, ordinances, resolutions, initiative, referendum, and recall petitions, election notices, and such other measures and matters as it may deem wise by the posting of typewritten, mimeographed, or printed copies thereof upon at least ten bulletin boards located in the most public places in the city, near street car stops, at important street intersections, at the fire station, the city hall and so on, and for such period of time as the council may direct in each case. If the latter method of publication is adopted, the council may provide that it shall be in lieu of other methods of publication or in addition thereto at its option. Wherever in this charter there is a requirement of the publication of any measure or matter, it shall be understood that the city council may designate the manner of such publication, subject to the options permitted by this section; but nothing herein contained shall be construed as authorizing or as attempting to authorize any violation of the constitution or the statutes of the state in any matter which is of state concern or which is exclusively under state control. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 12 OFFICIAL PUBLICATIONS SECTION 1. 0 8. The council shall regulate by ordinance the manner in which official publicity shall be given to the holding of elections, to ordinances, resolutions, initiative, referendum, and recall petitions, to requests for bids upon contemplated purchases and contracts, and to all other matters whatsoever which require publication either by the terms of this charter or by the constitution and laws of Minnesota. It shall annually designate a newspaper of general circulation in the city as the official paper in which shall be published such measures and matters as are by the constitution and laws of this state required to bc so published, and such other matters as the council may deem it wise to have published in this matter, or in lieu thereof it may establish a municipal publication, which shall then be the official newspaper. The council may in its discretion provide for the publication of the annual budget, ordinances, resolutions, initiative, referendum, and recall petitions, election notices, and such other measures and matters as it may deem wise by the posting of typed copies at city hall and electronically displayed via the city's website.and for such period of time as the council may direct in each case. If the latter method of publication is adopted, the council may provide that it shall be in lieu of other methods of publication or in addition thereto at its option. Wherever in this charter there is a requirement of the publication of any measure or matter, it shall be understood that the city council may designate the manner of such publication, subject to the options permitted by this section; but nothing herein contained shall be construed as authorizing or as attempting to authorize any violation of the constitution or the statutes of the state in any matter which is of state concern or which is exclusively under state control. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Patty Muscovitz, Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: ORDINANCES ORIGINATING CITY DEPARTMENT: MANAGER'S NO: -'}-/~ -~ CITY MANAGER'S APPROVAL / 1466, CHAPTER 2, SECTION 7, ELECTIVE COMMISSION DATE: OFFICES DATE: NO: Back in 1995, the city charter needed to be updated with certain language to allow for the terms of certain councilmembers to end on even years to comply with State Statutes. Since all those mentioned dates and terms have passed, the Charter Commission would like to remove that language, as it is no longer applicable. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1466, being an Ordinance amending Chapter 2, Section 7, Elective Offices, of the City Charter. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1466 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1466 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 7, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO ELECTIVE OFFICES The City of Columbia Heights does ordain: Chapter 2, Section 7, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 2 ELECTIVE OFFICES SECTION 7. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified, except that for council members elected in 1995, one council position term shall expire on the first Monday in January of 1999. The other council position term shall expire on the first Monday in January, 2001. The terms of any council members elected at a general election in 1998 will expire on the first Monday in January of 2003. For council members elected in 1997, one council position term shall expire on the first Monday in January of 2001. The other council position term shall expire on the first Monday in January, 2003. The mayor shall serve for a term of two years and until a successor is elected and qualified, except that the term of the mayor elected in 1995 shall expire on the first Monday in January 1999. Thereafter, the Mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 2 ELECTIVE OFFICES SECTION 7. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified. The Mayor shall serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Patty Muscovitz, Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of: November 24, 2003 NO:~/~ -~ CITY MANAGER'S APPROVAL PERTAINING TO CHAPTER 3, SECTION DATE: . 16, COUNCIL MEETINGS NO: The City Charter currently states that newly elected members of the council shall assume the duties of such membership on the first regularly scheduled Council meeting in January. Per State Statutes, new city council members actually assume their duties on the council as of the first Monday of January (before our first regular council meeting). The Charter Commission considers this a housekeeping issue, and brings the wording in compliance with State Statutes. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1467, being an Ordinance amending Chapter 3, Section 16, Council Meetings, of the City Charter. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1467 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1467 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO COUNCIL MEETINGS The City of Columbia Heights does ordain: Chapter 3, Section 16, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 3 COUNCIL MEETINGS SECTION 16. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of council meetings. At this time the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least three (3) days notice to each member of the council. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council. The Council shall make good faith efforts to provide notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that, in the judgment of the mayor, any two council members, or the city manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 3 COUNCIL MEETINGS SECTION 16. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of council meetings. The newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least three (3) days notice to each member of the council. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council. The Council shall make good faith efforts to provide notice of the meeting. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meeting called because of circumstances that, in the judgment of the mayor, any two council members, or the city manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Patty Muscovitz, Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: ORDINANCES '-q_~_lf ORIGINATING DEPARTMENT: CITY MANAGER'S NO://~._b CITY MANAGER'S APPROVAL . CHAPTER 9, SECTION 89, PAYMENT OF DATE: DAT AWARD NO: Language in this section of the current city charter states a judgment rate of six percent per annum. State statutes define the rate that must be used, so therefore this language is obsolete. The Charter Commission recommends removal of the specific six percent per annual judgment rate from this section of the city charter, and replace it with reference to the judgment rate per Minnesota Statutes. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1468, being an Ordinance amending Chapter 9, Section 89, Payment of Award, of the City Charter. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1468 for Monday, December 15, 2003, at approximately 7 p.m. in the Council Chambers. COUNCIL ACTION: ORDINANCE NO. 1468 BEING AN ORDINANCE AMENDING CHAPTER 9, SECTION 89, OF THE CITY CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO PAYMENT OF AWARD The City of Columbia Heights does ordain: Chapter 9, Section 89, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: CHAPTER 9 PAYMENT OF AWARD SECTION 139. Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final determination, pay the mount of the award with interest thereon at the rate of six percent per annum from the date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city. IS HEREWITH AMENDED TO READ AS FOLLOWS: CHAPTER 9 PAYMENT OF AWARD SECTION 8 9. Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final determination, pay the amount of the award with interest thereon at the current judgment rate set by State Statute from the date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Patty Muscovitz, Deputy City Clerk/Council Secretary CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: ITEMS FOR CONSIDERATION ORIGINATING DEPT.: CITY MANAGER NO: 7 C [ PERMITS/LICENSING APPROVAL ITEM: ON SALE BEER LICENSE FOR 500 CLUB BY: SHELLEY HANSON NO: DATE: NOV. 19, 2003 Mr. Paul Knudsen has made application to renew the On Sale Beer License for the 500 Club located at 500 40th Avenue. The renewal requires review by the Building and Zoning Officials, as well as the Fire and Police Departments. All recommend approval subject to one condition by the Police Department. A copy of the Chief's report is attached for your information. The license approval is contingent upon Mr. Knudsen reconstructing the guardrail/fencing around the deck to meet the standards followed byBW-3. "It should be built so that alcohol cannot be passed to someone underage outside of the deck access and exiting should be limited so that it can only be accessed from within the bar and an emergency panic bar exit should be installed for emergency exiting purposes." Currently the Liquor Ordinance does not identify any specific standards regarding outdoor patio areas. The applicant's current structure meets building code and does address the conditions required for approval. Mr. Knudsen constructed his patio area decking trying to satisfy the eight foot height requirement to meet the intent of preventing alcohol from being passed to anyone underage on the outside of the patio area. Staff has taken pictures that are also attached, and have verified measurements of the fencing. Staff recommends that a written policy be established to be included as part of the Liquor Licensing Requirements and the Zoning Ordinance to address these types of outdoor patio areas at restaurants/bars. This will be especially important with the re- development that will be taking place during the next few years and the increasing number of establishments that are offering such service. The policy would be modeled after the Design Guidelines concept. Without written policy, it is difficult for business owners to meet requirements that are not clearly defined and therefore, these same requirements would be difficult to enforce. RECOMMENDED MOTION: Move to approve the 2004 On Sale Beer License for the 500 Club. COUNCIL ACTION: COLUMBIA HEIGHTS POLICE DEPARTMENT DATE: November 7, 2003 TO: FROM: SUBJECT: Shelley Hanson, License Permit Clerk Thomas M. Johnson, Chief of Police ,.,43,~ BEER LICENSE APPLICATION FOR 500 CLUB The Columbia Heights Police Department has completed an investigation into the background of Mr. Paul Leonard Knudson, 500 40t~ Avenue NE. dba, the 500 Club that is also located at 500 40th Avenue NE. Mr. Knudson lives in the apartment above the bar location. Mr. Knudson has applied for an "On Sale Beer License". The department has checked the criminal history of Mr. Knudson, we have checked our local files and with the law enforcement agencies in the jurisdictions where he has resided. We have also checked Mr. Knudson's driving record. What follows is what we have found in our investigation: During our investigation for the renewal license we found that Mr. Knudson plead guilty to Misdemeanor Disorderly Conduct in Scott County as the result of a confrontation he was involved in at Mystic Lake Casino. This occurred on 03/17/02. This is a misdemeanor violation and would not prohibit Mr. Knudson from obtaining an "On Sale Beer License" fi-om our community but it lends to his moral background, which we must also investigate by State Law. In our local files we found that Mr. Knudson was warned about soliciting business without a permit. He was placing flyers on cars in area parking lots. Two years ago Mr. Knudsen built a patio on the East side of his establishment. The Police Department is concerned that this is not a secured area and that if used to consume beer it could be conducive to underage consumption and .negative interaction with members of the public passing the establishment. After conferring with the City Attorney it was confirmed that the liquor license itself is for the confines of the bar only not for outside of the bar. We are also concerned about possible excessive noise disturbing the residential area to the south of this establishment. The Police Department believes that this patio or deck should be made to meet the standards followed by BW-3 when they built the deck on the front of their establishment. It should be built so that alcohol cannot be passed t6 someone underage outside of the deck access and exiting should be limited so that it can only be accessed from within the bar and an emergency panic bar exit should be installed for emergency exiting purposes. It is the recommendation of the Police Department that an "On sale beer license" be issued to Mr. Paul Knudson, d.b.a. 500 Club, This approval would be contingent on agreement with and compliance with the above listed requirements for the patio area and that all required insurances being current and in place and all taxes being current. We have also attached a copy of the "Rules for Servers of Alcoholic Beverages". These rules are to be shared with all those that serve alcoholic beverages and should be posted in a prominent place in the area where sales are made. RULES FOR SERVERS OF ALCOHOLIC BEVERAGES Check Identification of everyone that is attempting to be served that appears under 21 years of age. If unsure check the ID! .Do not serve anyone that appears to be intoxicated Servers are to conduct themselves in a professional and responsible manner and recognize that they have a responsibility to enforce the previously listed conditions TIP CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: -'1 - 0.2. - ~ Community Development APPROVAL ITEM: Preliminary Plat, Grand Central Lofts BY: Tim Johnson BY: / ./~~ (Kmart Redevelopment Site) DATE: November 19, 2003 NO: Case # 2003-1015 Background: In May 2003, the City initiated a planning process for the former Kmart Site for the purpose of creating a redevelopment plan for the outdated and now vacant retail center. The Plan included employment opportunities, step-up housing opportunities not readily available in the City, transit improvements, amenities to promote walking and biking, and an improved image to increase vitality on Central Avenue. In following this plan, Nedegaard Custom Homes has proposed a preliminary plat for Grand Central Lofts, which consists of 218 units of for-sale housing with price points ranging from $170,000-$330,000. This development includes a total of 3 condominium buildings containing 66 units each and four groupings of 20 townhome units, along with common open space. (See planning report for further details). Recommendation: The Planning Commission at their October 28th, 2003 public hearing meeting, reviewed and approved the Site Plan and recommended approval of the Preliminary Plat for Grand Central Lofts. The Planning Commission approved the Preliminary Plat as consistent with the goals and objectives of the Mixed-Use District, and the performance standards listed for Preliminary Plat. Recommended Motion: Move to approve the Grand Central Lofts Preliminary Plat for Nedegaard Custom Homes, as the plat is consistent with the Mixed-Use District, and meets the required performance standards and required findings for Preliminary Plat, that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, subject to the conditions identified in the Staff Report. COUNCIL ACTION: Attachments: Staff Report; Site Plan: Prelim Plat; Landscape Plans; Ut~'lity Plans; Building Renderings: Pl Comm Minutes CTTY OF COLUMBTA HETGHTS PLANNI'NG .REPORT CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: 2003-1014-15 November 24, 2003 Columbia Heights City Council Nedegaard Custom Homes Kmart Site (Generally bounded by 49th Avenue on the north, Cheery Heights neighborhood on the east, 47th Avenue on the south and Central Avenue on the west) Preliminary Plat Approval for Grand Central Lofts Ellen Berkelhamer, Senior Planner, Dahlgren Shardlow and Uban Ciara Schlichting, Planner, Dahlgren Shardlow and Uban Zntroduction An application has been made by Nedegaard Custom Homes ("the Developer") for Preliminary Plat approval and Site Plan review for the Grand Central Lofts, a redevelopment of the Kmart Site. Proposed are 218 units of for-sale housing with price points ranging from $170,000 to $330,000. The housing includes three condominium buildings containing 66 units each and 20 townhomes in four groupings, with associated open space. Future phases of development will include a community center and commercial uses. The City Council is being asked to take one action at its meeting on November 10, being a motion on the Preliminary Plat. The Planning and Zoning Commission reviewed the Preliminary Plat at its meeting of October 28, 2003 and passed a motion unanimously recommending that the City Council approve the Preliminary Plat, subject to certain development conditions. The minutes from the October 28, 2003, Planning and Zoning Commission meeting are attached for reference. The Planning and Zoning Commission also reviewed the Site Plan for the proposed development. According to Section 9.413 of the Zoning Ordinance, the Planning and Zoning Commission makes a final decision on the Site Plan. The Planning and Zoning Commission passed a motion unanimously approving the Site Plan subject to certain development conditions. Although the City Council is not being asked to take action on the Site Plan, we are forwarding all of the information regarding the Site Plan Review to the Council for its information and for the record. The Preliminary Plat review only pertains to the portion of the Kmart redevelopment area that contains the vacant Kmart store and parking lot and the Arby's site. The Site Plan review City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 pertained only to the residential portion of the Site Plan. The community center building design will be reviewed at such time as the final program and design of the center has been determined. The commercial site plan and building design will be reviewed as part of a future development phase. The Grand Central Lofts development has been designed in accordance with the goals and objectives of the Kmart Redevelopment Concept Plan developed by the Kmart Advisory Group under the guidance of the City Council. In May 2003, the City of Columbia Heights initiated a planning process for the Kmart Site for the purpose of creating a redevelopment plan for the outdated and mostly vacant retail center. Goals of the plan include more employment opportunities within the City, new housing options previously not available in the City, increased opportunities for transit use, amenities to promote walking and biking, and an improved image and vitality of Central Avenue. A City Council-established citizen advisory group and the Developer worked closely to create the Concept Plan to meet the needs of both the community and the Developer. Planning Considerations Comprehensive Plan 1) Approval of the Comprehensive Plan designation for this site was recommended by the Planning and Zoning Commission on August 2, 2003; approved by the City Council on August 11, 2003; and approved by the Metropolitan Council on August 21, 2003. 2) The Comprehensive Plan designation for the property is Transit Oriented Development. Specifically, the Comprehensive Plan states that these areas "will focus on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service-oriented commercial/retail development will be necessary with high-density residential development providing the balance of the development. Mixed-use pedestrian-oriented development near transit nodes will provide opportunities for high-density residential and neighborhood commercial development. Redevelopment of these areas will also provide the opportunity for pedestrian linkages to other parts of ,the community and improvement of the overall non-motorized circulation system within the community that will help improve the image of Columbia Heights." 3) The proposed Grand Central Lofts development complies with the Comprehensive Plan designation: · The development is located along an existing transit route; · New residents will be able to commute to work via the existing transit routes; · The development will occur in phases, with the initial phase being high-density residential development. Subsequent phases will include commercial development and a community center. Patrons of the existing and new commercial areas will be able to patronize any new business via transit; · A high percentage of the area will continue to provide service-oriented commercial/retail along Central Avenue and new higher density residential uses will balance the development and provide a transition from commercial development to the adjacent residential areas; and · The development will provide pedestrian connections to and through the subject Page 2 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 properties. Zoning Ordinance 4) The zoning classification for the property is Mixed-Use District. The Planning and Zoning Commission recommended approval of the rezoning on September 2, 2003. The first reading of the City Council for the rezoning was held on September 22, 2003. The second reading of the City Council was held on October 13, 2003.. Rezoning officially takes effect on November 13, 2003. 5) The purpose of the Mixed Use District 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 flexible to help facilitate a successful development. The minimum density allowed is 12 units/acre and the maximum density is 20 units/acre. 6) The proposed Grand Central Lofts development complies with zoning designation. The size of the subject property is approximately 14.91 acres. A total of 218 units are proposed for the site, for a density of 14 units/acre. Residential uses are comprised of three condominium buildings containing 66 units each and four groupings of townhomes containing a total of 20 units. 7) The proposed plat is divided into four outlots. Outlot A contains the three condominium buildings, community center and pond; Outlot B contains the 20 townhome units, open space, and ponds; Outlot C will contain commercial uses in future phases of development; and Outlot D is comprised of a sloped landscaped buffer that will be privately owned and maintained. Circulation, Access, Parking and Sidewalks 8) Circulation through the site is provided through a new public right-of-way that runs along the western boundary of the site from 47th Avenue to 49th Avenue. A privately-maintained interior roadway circulates through the rest of the site providing access to the condominium garages and townhome garages, as well to the community center site and on-street parking spaces. 9) The new right-of-way access at 47th Avenue does not align directly with Tyler Street but is off set. It is not the ideal alignment, but given site constraints, City Staff finds it acceptable. 10) The parking requirement for multiple family buildings is two covered spaces per every two- bedroom unit and one covered space for every one-bedroom unit. The condominium buildings meet this requirement. Each building contains a total of 66 units. There will be a maximum of 62 2-bedroom units and a minimum of 4 1-bedroom units. There will be 128 garage spaces per building, satisfying the requirements for both 1- and 2-bedroom units. The parking requirement for townhomes is two covered spaces per unit. There are 20 units, each with a two-car garage, for a total of 40 parking spaces. Additionally, there are 83 on-street parking spaces, for a total of 507 spaces at the development. 11 ) The performance standards for the Mixed Use District require sensitivity to adjacent usable Page 3 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 open space and include pedestrian/bicycle connections to enhance existing circulation patterns. The development will provide approximately 5 acres of green space (34% of site area) and .77 acres of sidewalks (5% of site area). The green space includes areas of open space surrounding ponds and buildings. The sidewalks consist of trails around open space areas, along the edges of the condominium buildings and surrounding the interior edge of the development. The sidewalk will also extend along the 47th Avenue right-of-way east toward Fillmore. When Outlot C is developed in a later phase, the sidewalk along 47th Avenue will be extended to Central Avenue. 12) The Fire Department made the following comments about the Site Plan: Transit 13) Lot 14) 15) The turning radii of the interior roadways need to accommodate emergency vehicles (e.g. fire trucks). The radius templates used by the City Engineer indicate that, with some minor modifications, the corner radii of the privately-maintained interior roadway will allow emergency vehicles to move around freely. These modifications must be incorporated prior to final plat approval. The on-street vehicle parking shown in front of the main entrances around two of the condominium buildings, Block 2 and Block 3, may restrict the access of fire equipment. An area of 40 ft. in width must be kept open on the street for a fire lane. Therefore, the appropriate parking spaces must be removed on the Site Plan prior to final approval. Once constructed, signs are to be posted stating that there is no parking in the fire lane. The transit stop servicing northbound traffic currently stops just north of 47th Avenue, directly in front of Arby's. The transit stop servicing southbound traffic currently stops on the Hilltop side of Central, on the northwest side of 47th and Central. The proposed development currently includes a sidewalk at the edge of the residential development parallel to 47th Avenue and along the 47th Avenue right-of-way east toward Fillmore, and will include a sidewalk link to Central Avenue as part of the development of the commercial parcel, Outlot C. The City Staff and the Developer have talked with Metro Transit about possible site improvements to the Metro Transit stops along the west side of Central Avenue to enhance transit use from the development. The City and Developer agree that these improvements are crucial to drawing transit users from the development. Lines and Setbacks Building setbacks in the zoning district are regulated by the final site plan and development agreement approved by the City Council, based on the following findings: a) the setbacks provided adequate distances from uses in adjacent districts, and b) the setbacks maintain and enhance the character of the neighborhood in which the mixed-use development is located. The setbacks shown on the Site Plan provide adequate distances to adjacent properties and provide an urban character on the interior of the development appropriate for mixed use development. The Preliminary Plat and Site Plan show proposed land swaps occurring with the property at 4811 Central Avenue for the purpose of right-of-way configuration and the property at 4849 Central Avenue for the purpose of maximizing the amount of right-of-way, and therefore buffering, between the proposed roadway and the property located at 1040 49th Page 4 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 Avenue. These land swaps must be completed and reflected on the final plan prior to approval of the final plat. Landscape Plan 16) The Developer has submitted a Landscape Plan in accordance with the requirements for site plans in the Zoning Ordinance. The Landscape Plan is well done and consistent both with the Zoning Ordinance and with the Highway District Design Guidelines. In fact, the Landscape Plan exceeds many of the requirements of the Ordinance with respect to plant sizes and quantities. The one aspect in which the Landscape Plan does not meet the Zoning Ordinance concerns coniferous plantings, although we believe the intent of the Zoning Ordinance is met. The Ordinance requires that the plantings include 25 percent Evergreens. The plans show 17 percent. However, the plan provides an excess of the required amount of street trees, with one tree per 30 feet rather than the required one tree per 50 feet. We believe that these additional streets trees maintain the integrity of the landscape design and balance out the need for additional evergreens. Adding more evergreens would mean removing street trees, and we find the plan as shown to be preferable. Minor revisions should be made to the Landscape Plan prior to final plat approval, with respect to the following issues: · The list of trees is extensive and should be reorganized to show the breakdown of overstory trees into different categories and/or planting hierarchies for the site to ensure the trees are falling into appropriate categories (such as street tree species, open space species, water/pond edge species, and buffer/slope species). Specifically, certain trees shown would not be acceptable as street trees, such as Silver Maple or Willows; therefore categories should be clarified. · The stairway to 47th Avenue is shown on the Site Plan but is not noted on the Landscape Plan. This note should be added. · The plantings shown at the edge of trails and ponds are noted to be 6 to 8 ft in height. Confirmation should be made that the heights of these plants do not impact views into and out of the open space. · A typical planting plan should be provided to show the types of plantings that will occur at the edge of private patio~ in the courtyard areas of the condominium buildings. · The Landscape Plan should include a note that addresses slope and general drainage. · Consideration should be given to softening the repetition of the fence adjacent to the property at 1040 49t" Avenue through the use of varied heights of plants along the fence, such as shrubs and perennials. 17) The landscape plan shows buffering through plantings, fencing and a boulder retaining wall to buffer the property at 1040 49th Avenue from the new public roadway and access at 49th Avenue. The landscape plan is appropriate for purposes of providing an aesthetic and safety buffer, subject to confirmation to the City Engineer that adequate sight triangles are preserved from the new roadway toward 49th Avenue. Maintenance 18) The private elements of the development, including all buildings, private roads, sidewalks, Page 5 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 ponds, open space, landscaping, including the landscape buffer adjacent to 1040 49t~ Avenue, and all utilities out of the public right-of-way will be maintained by the Grand Central Loft Homeowners Association in accordance with approved Homeowners Association covenants. Highway District Design Guidelines The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40th Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The design district that is applied to the Grand Central Lofts is the Highway District. Architectural Guidelines 1) Building Placement Objective: To orient non-residential buildings toward the street in order to improve its walkability, while creating opportunities for more internally-focused residential development. Residential buildings may be oriented toward Central Avenue or toward internal streets or courts, with side fac,,ade parallel to Central Avenue. Fa(;ades parallel to Central Avenue should be well-detailed and service areas should not be located along the Central Avenue frontage. The frontage should be appropriately landscaped. · The development meets this objective. The residential development is separated from Central Avenue by existing commercial development and is focused toward internal courtyards and streets. The rear fa(~ades of the westernmost condominium building and townhome grouping is parallel to Central Avenue and is well-detailed. Appropriate landscaping is provided. 2) Primary Fa(;ades and Roof Treatment Objective: To encourage attached residential and mixed-use buildings that are compatible with the prevailing single-family residential surroundings. Residential buildings may be designed with fiat or pitched roofs. A variety of roof shapes and parapet details are encouraged; however, non-structural, purely decorative roof elements should be avoided. · The development meets this objective. The condominiums have a flat roof and the entries and windows on the first floor relate to human scale. · The townhomes have pitched roofs with a variety of peak heights. The townhomes are complementary to the design of houses in adjacent neighborhoods and evoke the design of the "Northeast Minneapolis bungalow." 3) Building Width and Fa(;:ade Articulation Objective: To add visual interest and variety to buildings and emphasize the pedestrian scale. The primary fa(;ades of buildings should be 40 ft. or more in width and should be articulated into smaller increments by following methods listed in the Design Guidelines to lessen apparent bulk. · The minimum fac.,,ade width of the condominium buildings exceed the 40 ft. requirement and are articulated into smaller increments by projections and balconies. · The minimum faCade widths of the townhome groupings exceed the 40 ft. requirement. The facades are articulated in part through windows, door and garage door placement. The facades are also articulated through the use of complementary materials, including stone veneer, stucco, copper roof structures over bay windows, decorative half timbering, and cedar brackets, along with other fa(;ade ornamentation. Page 6 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 4) 5) 6) 7) 8) Building Height Objective: To create increased sense of enclosure, diminish the perceived width of the street, and provide opportunities for upper-story housing, offices or studios. Two and three story buildings are strongly encouraged. All buildings shall have a minimum cornice height of 22 feet. This height is adequate to achieve the building height objective, conveying a multi-story appearance even if the building has only one occupied floor. · The condominium buildings are 4 stories and approximately 43 ft. from foundation to the roof. · The townhomes are one and two stories. They have a maximum height of 36.5 feet and have the appearance of two stories. These buildings are in keeping with nearby single- and two-family housing units. Transparency - Window and Door Openings Objective: To reflect the character of existing storefront commercial buildings, enliven the streetscape and enhance security by providing views into and out of buildings. For residential buildings, a minimum of 20 percent of primary (street facing) fac,.ades and 15 percent of each side or rear fa~;ade shall consist of window and door openings as specified in the guidelines. · The condominium building contains entries, balconies and windows along the front and rear fagades and balconies and windows along the side faCades to meet this requirement. The window shape, size and patterns emphasize the organization of the fa(;ade and the definition of the building. · The townhomes include window and door openings to provide sufficient views out of buildings, and to provide a human scale and pleasant pedestrian experience. Entries Objective: To establish the visual importance of the primary street entrance, and to ensure that entries contribute to the visual attractiveness of the building and are readily visible. For residential buildings, primary building entrances should face the primary abutting public street or walkway, or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Porches, steps, pent roofs, roof overhangs, hooded front doors or similar architectural elements should be used define the primary entrances to all residents. · The condominiums meet the objectives. · The townhomes meet the objectives. Rear Fagade and Entries Objective: To improve the appearance of rear fa~;ades, orient customers parking or walking to the rear of buildings, and provide safe and convenient access to all building entrances. · Each of the fac,,ades of the condominium buildings and townhomes will be designed to the same high standard and meet this requirement. Building Materials Objective: To ensure that high-qualityl durable and authentic building materials are used in residential and nonresidential construction. All buildings should be constructed of high-quality materials, including the following: brick; natural stone; precast concrete units and concrete block, provided that the surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character; stucco; jumbo brick may be used on up to 30 percent of any fagade, provided that it is used only on the lower third of the building wall; wood, consisting of horizontal lap siding with an exposure no greater than 5 inches or wood shakes (surfaces must be painted); synthetic wood (fiber cement) siding resembling horizontal lap siding. · The condominiums will be constructed of brick, stucco and siding. According to the Developer, the condominium exterior materials will be approximately 20 percent brick Page 7 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 with two different colors, 20 percent stucco and about 60% acceptable siding materials. The townhomes will be constructed of stucco with stone veneer and decorative half timbers. They will complement the materials used on the condominium buildings. Final building plans shall be subject to the review and approval of the City Staff to ensure that the building materials and design meet the requirements of the Urban Design Guidelines for the Highway District. g) Rooftop Equipment Objective: To ensure that views of rooftop equipment from public streets or pedestrian ways are minimized. All rooftop equipment shall be screened from view from adjacent streets, public rights-of-way and adjacent properties. Preferably, rooftop equipment should be screened by the building parapet, or should be located out of view from the ground. · According to the Developer, rooftop equipment will be designed in accordance with this requirement. Final building plans for the condominium and townhouse buildings shall be subject to the review and approval of the City Staff to confirm that this requirement is met. 10) Building Colors Objective: To ensure that building colors are aesthetically pleasing and compatible with their surroundings. Building colors should accent, blend with, or complement surroundings. Principal building colors should consist of subtle, neutral or muted colors with Iow reflectance. Warm-toned colors are encouraged. No more than two principal colors may be used on a fa~;ade. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades. · The condominiums meet this requirement. · The townhomes meet this requirement. 11) Architectural Detailing Objective: To encourage new building design that echoes the design of the few iconic buildings that remain in Columbia Heights - notably the Heights Theater - while enlivening building fa(;ades and contributing to a human-scaled environment. Architectural details such as ornamental cornices, arched windows and warm-toned brick with bands of contrasting color are encouraged in new construction. The contemporary adaptation of historic and vernacular residential, institutional and commercial styles found in Columbia Heights and in Northeast Minneapolis is encouraged. · The condominium buildings meet this requirement. · The townhomes meet this requirement. Site Desiqn Guidelines 12) Parking Location Objective: To improve the appearance and convenience of parking lot circulation for vehicles and pedestrians by breaking the parking area up into smaller units. · Parking for the condominiums is provided in underground garages and parking for the townhomes is provided in two-car garages. Visitor parking is located along the privately-maintained roadway, in accordance with these requirements. 13) Parking Area Screening Objective: To soften the appearance of parking areas when viewed from an abutting street or sidewalk and to screen parking areas from residential yards. · The landscape plan for the development illustrates that these requirements are met. Page 8 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 15) 16) 18) Structured Parking Objective: To ensure that parking structures are compatible with surrounding buildings and make a positive contribution to the streetscape. Entrance drives to structured parking (including underground parking) should be located and designed to minimize interference with pedestrian movement. Pedestrian walks should be continued across driveways. · The underground condominium parking garages will project out between 1 to 4 feet above ground according to the site topography. According to the Developer, these will be architecturally designed to match the Highway District Design Guidelines. Placement and Screening of Service, Loading and Storage Areas Objective: To screen views of service and loading areas, and to ensure that the noise impacts of these functions are fully contained and not audible from surrounding streets and properties. Screening must be provided in accordance with the Zoning .Ordinance. · The landscape plan for the development illustrates that these requirements are met. Pedestrian and Bicycle Access Objective: To ensure that pedestrians and bicyclists have safe and convenient access to all business establishments to all business establishments. · The proposed development includes a sidewalk and trail network throughout the site. This includes trails around ponds with open space areas, along the edges of the condominium buildings and surrounding the interior edge of the development. The sidewalk will also extend along the 47th Avenue right-of-way east toward Fillmore. When Outlot C is developed in a later phase, the sidewalk along 47th Avenue will be extended to Central Avenue. The development also includes a sidewalk connection to the 49th Avenue right--of-way. · A completion of a link should be provided from the interior trail system on Outlot B west toward the public roadway. A link currently exists to the gazebo, and then from the gazebo to the pool. A link should also extend around the outside edge of the pool west to the roadway. Signs Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the buildings and with other signs on nearby buildings. Signs should be an integral part of the building design. · According to.the Developer, there will a monument sign for the project. Detailed plans for the sign must be submitted to City Staff for review and approval t6 confirm that the sign meets the Design Guidelines prior to final plat approval. Lighting Objective: To ensure that safe and attractive lighting levels are provided around all buildings and parking areas, without excessive glare or brightness. Exterior lighting should be the minimum necessary for safety and security. Lighting should be designed to coordinate with building architecture and landscaping. Building mounted fixtures compatible with building facades are encouraged. · The Developer has submitted a site lighting plan showing the location of site lighting. · Lighting fixtures must be reviewed and approved by City Staff to ensure conformance with Design Guidelines, prior to final plat approval. · The Developer must submit a lighting spread pattern map to the City Engineer for review and approval that shows boarder illumination not to exceed the maximum allowable foot candles at the property line, prior to final plat approval. Page 9 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 Kmart Redevelopment Concept Plan The Grand Central Lofts Site Plan has been designed in accordance with the goals and objectives of the Kmart Redevelopment Concept Plan developed by the Kmart Advisory Group under the guidance of the City Council. In May 2003, the City of Columbia Heights initiated a planning process for the Kmart Site for the purpose of creating a redevelopment plan for the outdated and mostly vacant retail center. Goals of the plan include more employment opportunities within the City, new housing option previously not available in the City, increased opportunities for transit use, amenities to promote walking and biking, and improving the image and vitality of Central Avenue. A City Council-established citizen advisory group and the Developer worked closely to create the Concept Plan to meet the needs of both the community and the Developer. Residential Goal The Grand Central Lofts Site Plan meets the stated goal for residential development, which is to "provide the City of Columbia Heights a variety of housing types, styles and choices to meet the needs of the community. The main objectives for the residential development include: · Provide a diversity of housing choices that will satisfy customer preferences for this location. · Support appropriate urban housing densities along with performance standards to create financial value and achieve strong purchasing power to support neighborhood service businesses. · Promote a redevelopment concept that creates an attractive urban neighborhood that includes housing amenities such as decks, open spaces, gathering areas, recreational amenities, pedestrian ways, landscaping and green spaces to ensure a safe functional and desirable living environment. · Successfully integrate the new neighborhood into the surrounding older established neighborhoods. · Require high quality community design and construction standards." Parks, Open Spaces and Natural Environment Goal The Grand Central Lofts Site Plan meets the intent of the stated goal for open space, being that the redevelopment "will include a neighborhood park that will act as the focal point for the neighborhood and provide an amenity to the surrounding community. A series of trails and landscaped boulevards will connect the park to the elements within the development and to the adjacent neighborhoods. A stairway connection will also be provided from the development up to 47th Avenue to provide access to the adjacent neighborhoods. The existing slope along the eastern edge of the site will be enhanced with terraced walls, native landscape materials and stormwater enhancements. Other sloped areas throughout the development will receive the same type of treatments." The concept plan suggested that the location of the open space extend westward to abut the Central Avenue commercial development. This created a view and connection from Central Avenue into the open space. The Grand Central Lofts Site Plan provides ponding and the community center site adjacent to the new right-of-way, east of the commercial development, limiting the view of the interior open space from Central Avenue. Consideration should be given as to how the view and connection from Central Avenue to the open space may be enhanced. Page 10 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 Planning and Zoning Commission Action on Site Plan According to Section 9.413 of the Zoning Ordinance, the Planning and Zoning Commission makes a final decision on the Site Plan. The Commission found the Site Plan to meet the following Findings of Fact established in Section 9.413 of the Zoning Ordinance for Site Plan Review. The Site Plan conforms to all applicable requirements of the Zoning Ordinance: Based on the discussion in Planning Considerations 4-7, and with compliance with the listed development conditions, the Site Plan conforms to the Zoning Ordinance. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan: Based on the discussion in Planning Considerations 1-3, the Site Plan is consistent with the applicable provisions of the Comprehensive Plan. The Site Plan is consistent with the applicable area plan: The Site Plan has been designed in accordance with the goals, objectives and concept plan of the Kmart Site Redevelopment Concept Plan, as discussed on page 10. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way: The Site Plan minimizes adverse impacts based on its compliance with the Zoning Ordinance, Comprehensive Plan, and Highway District Design Guidelines. The Planning and Zoning Commission passed a motion unanimously approving the application for Site Plan approval, including the design of the condominium and townhome buildings, based on the Findings of Fact and subject to the following conditions of approval that were found to be necessary to ensure compliance with the requirements of the Zoning and Development Ordinance: 1. The approval of a Site Plan by the Planning and Zoning Commission shall be valid for a period of one year. Final building plans for the condominium ~nd townhouse buildings shall be subject to the review and approval of the City Staff to ensure that the building design meets the requirements of the Urban Design Guidelines for the Highway District, prior to issuance of any building permits. 3. All outstanding items listed under Highway District Urban Design Guidelines on pages 6-9 of this report must be submitted to City Staff. Detailed plans for the monument sign must be submitted to City Staff for review and approval to confirm that the sign meets the Design Guidelines prior to final plat approval. Lighting fixtures must be reviewed and approved by City Staff to ensure conformance with Design Guidelines, prior to final plat approval. The Developer must submit a lighting spread pattern map to the City Engineer for review and approval that shows border illumination not to exceed the maximum allowable foot candles at the property line, prior to final plat approval. Page 11 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 The Developer must work with City Staff and the Fire Department to assure that the Site Plan provides adequate building access and circulation for emergency vehicles, prior to final plat approval. Findings of Fact Preliminary Plat Based on the discussion throughout this report, the Preliminary Plat of Subdivision is found to meet the following Findings of Fact established in Section 9.411 (6) of the Zoning Ordinance for Preliminary Plats. The proposed Preliminary Plat conforms to the requirements of the Subdivision Ordinance: Based on the discussion in Planning Considerations 4-12, 14 and 15, and with compliance with the listed development conditions, the Preliminary Plat conforms to the requirements of the Subdivision Ordinance. The proposed subdivision is consistent with the Comprehensive Plan: Based on the discussion in Planning Considerations 1-3, the proposed subdivision is consistent with the Comprehensive Plan. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles: Based on the discussion in Planning Considerations 4-12, 14 and 15, and with compliance with the listed development conditions, the proposed subdivision is consistent with good planning and site engineering design principles. Recommendation Preliminary Plat The Planning and Zoning Commission recommends that. the City Council approve the Preliminary Plat of Subdivision subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: An approved Preliminary Plat shall be valid for a period of one year from the date of City Council approval. In the event that a final plat is not submitted within this time period, the Preliminary Plat will become void. The proposed land swaps shown on the Preliminary Plat concerning the properties located at 4811 and 4849 Central Avenue must be completed and reflected on the final plat prior to final plat approval. 3. The Developer must obtain the approval of Anoka County on the 49th Avenue access prior to approval of final plat. Page 12 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 10. 11. 12. 13. 14. 15. 16. 17. 18. The Developer must submit plans to MnDOT for review and recommendation prior to approval of final plat. The public roadway curbing should be a B618 design. The City's requirement for intersection clear zone or a 30~foot triangle must be maintained at the public road access on 49th and 47th Avenues. The Developer must make a park dedication contribution in the amount of $163,500 prior to approval of the final plat. If stormwater is to be conveyed off site following the same discharge route as it currently follows, the preliminary plat must include a utility easement. This utility easement must be added prior to approval of the final plat. The written legal description on the preliminary plat should be reviewed as the distances do not match what is shown on the drawing. The legal description must be corrected prior to approval of the final plat. A storm water management plan, meeting the requirements of City Code Section 9.609 will be required prior to final plat approval. Catchment area maps and storm water calculations must be submitted and approved prior to final plat approval. The proposed surface water ponding plan generally meets the minimum requirements for the 100-year storm event. Supporting documentation should be provided for the Water Resource Management Plan (WRMP) policy of "new development shall incorporate storm water controls to prevent any increase in peak discharge rates," for the critical storm event. The existing KoMart property drains through a corrugated metal pipe (CMP) storm line into Central Avenue, through private property. The condition of the line requires replacement to Central. A detailed erosion control plan should be prepared and submitted with the final plans. If the project is going to be phased, the erosion control plan should be representative of the phasing plan. A site grading plan will be required prior to final plat approval. If the site will not be mass graded, a phasing plan should be included. If the proposed retaining wall exceeds four feet in height, the final plans should include a wall design by a registered engineer. Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 19. The Developer must address how will the steep slopes on the entire east side, part of the Page 13 City of Columbia Heights City Council November 24, 2003 Grand Central Lofts Preliminary Plat Case # 2003-1014-15 south and bordering the westerly commercial property, will be restored and maintained with the submittal of the final plat. 20. A National Pollution Discharge Elimination System (NPDES) permit will be required. 21. All public utilities shall meet the City of Columbia Heights specifications. 22. All utility work shall be consistent with the City of Columbia Heights specifications, at a minimum. 23. The plans should indicate what existing watermain will be utilized and what main will be abandoned. The method of abandonment (or removal) should also be indicated. 24. All public watermain should be minimum 8 inch in diameter. 25. Include adequate valving for water main isolation. 26. The Developer shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities. 27. 'The Homeowners Association covenants will be submitted to the City Attorney and City Engineer for review and approval prior to final plat approval. 28. An area of 40 ft. in width on the private street in front of the entrances to the condominiums on Block 2 and Block 3 must be kept open for a fire lane. Once constructed, signs are to be posted stating that there is no parking in the fire lane. Attachments · Existing Site Plan · Preliminary Plat · Site Plan · Site Sections · Landscape Plan · Site Lighting Plan · Utility Plan · Building Renderings · View Analysis · Minutes from October 28, 2003, Planning and Zoning Commission Meeting Page 14 %:. 0 '0 O iJJ LLIO~ 0 0 0 0 I- ~. I--ri" m 041 1101, 1121 11.31 11 II 4849 ~eTN- -~VENUE i' EERY ! I , ~ 1052 E~ 1100 g 1118 ~ 1130 9 1040 ~-aT~.?? i ! L,~197.74~ ..... -~0.~- 4811 //--- 1133 ~7o' ORNNAGE AND U~UTY EA~UENT 4707 k ~_c~ ~- ~=~.* ~-~ _. _~ ~ ...... ~ wv4 ~ ~C., ?. ~. m .4 547.01 ~.'~'2."[ 47TH AVENUE _ -- 4657 4656 4655 4660 4655 950 4654 ~ ~-~ ~ ,ami ' I ~~~.,- ~~-,,,,. II/Il ~'/~/~.~' / 7.- III II II II II Z '"///'/¢70¢~o,,k IIII II I I ~ 0 Ii ..I UNIT ~ITE SlDFU/ALIC ~)'.~. 4.ST(:~Y &~, I,,~IT TO 45TN ~TNEET m ,,imam · · · · · '/ NnlNINOONOD .LINn ge PATH · B L~IIT 124 t,~:~ 4-6T~Ml" z COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 24, 2003 AGENDA SECTION: Other Business ORIGINATING DEPARTMENT: CITY MANAGERS NO: "/~- 3 CITY MANAGER APPROVAL ITEM: Task Force Report re: Deer at the BY: Walt Fehst BY: ~~ Minneapolis Water Works DATE: Nov. 19, 2003 DATE: Background: At the request of the Director of the Minneapolis Water Works, Mayor Wyckoff appointed citizens to serve on a Task Force to review the deer situation at the Minneapolis Water Works on Reservoir Boulevard. That Task Force met three times and the meeting was open to anyone who showed up. A good deal of discussion took place and information was passed out by the DNR and by citizens. At the second meeting, the Task Force agreed to have independent third party experts look at the situation and seek their opinions on what must be done on the site, if anything. Two representatives from the University of Minnesota Veterinary Medicine School came in and did that review: Dr. Susan L. McClanahan and Dr. Ralph J. Famsworth. The Councilmembers asked specifically for a copy of these veterinarian's opinions (please see attached). Attached also is a letter from one of the two veterinarians, Dr. Famsworth, who did the study that was '§ent to Phyllis Colombo. She is one of the citizens who have attended the meetings of the task force. I believe this information was emailed to her by Dr. Famsworth and suggests the additional option of reduction of the ..... numbers of animals and contraception. I believe she put this email into letter form for members of the task force after the last of the three task force meetings. Also, I have attached a copy of the legal opinion requested by Councilmember Nawrocki as to what authority the City of Columbia Heights has to regulate deer on the Water Works property. Finally, I have attached a copy of information received from a Connecticut company called White Buffalo, Inc. Their proposal would also include reduction of the deer population in March (by firearms) but would also attempt to control the herd by the use of contraceptives. At the third meeting, the Mayor's Task Force voted (4 to 1) to cull the herd to 20 deer and to allow a bow hunt on Water Works property. Clearly, this is an issue for the City Minneapolis to contend with since we have no jurisdiction over their private property or the use of bow hunters on this site. The recommendation of the Task Force is just that - a recommendation that will be passed on to the Minneapolis Water Works. All additional handouts from this Task Force are already in the hands of Minneapolis Water Works representatives. Recommendation: The City Council requested the results of the study done by the two veterinarians from the University. Therefore, staff recommends that the City Council accept a copy of this report and place it on file. Staff will forward a copy of the recommendation of the Task Force to the City of Minneapolis Water Works: to reduce the herd of deer to twenty (20) and to allow a bow hunt on the site to accomplish this reduction. Recommended Motion: Move to accept a copy of the report from Dr. McClanahan and Dr. Famsworth, and direct Staff to place it on file. COUNCIL ACTION: November 13, 2003 To: The City of Columbia Heights From: Dr. Susan L. McClanahan and Dr. Ralph J. Farnsworth University of Minnesota, College of Veterinary Medicine At the request of Columbia Heights Mayor Wyckoff and the Water Works Deer Taskforce, we made a visit to Columbia Heights, on the aftemoon of November 13t~', to assess the deer that have resided for many years at the Water Works location. During our afternoon visit we also evaluated the deer's environment and the available forages for them to eat. With the assistance of Sgt. Kim Lund, we spent about one hour slowly driving through the Water Works property. During that time, we observed many deer within 35 feet of our vehicle and at a distance. We also used two sets of high-powered binoculars to get a closer look at the deer. In addition, we took about twelve photos with a digital camera that contains a zoom lens. We counted 39 head of deer consisting of does, fawns, and bucks in the hour we were on the Water Works property. We believe from our assessment that there is not enough acreage and forage to support the current number of deer on the Water Works property. The quality of life and health in these deer appears to be compromised. Many of the does and fawns are thin and under conditioned. Several animals had prominent back and hipbones protruding as well as a general lack of normal musculature. In addition, many of the does and fawns appear to have pale and rough hair coats. Furthermore, many of the does and fawns were small in stature and dull in attitude. The lack of good condition in many of these animals reflects lack of available food, protein, good nutrition, and probable mineral deficiencies. In addition, we suspect that these animals are also burdened with large numbers of parasites (worms). Normally, at this time of the year, we would expect deer to be in excellent body condition with healthy appearing hair coats before they enter winter. Their lack of condition is particularly significant since this is the time of year when the animals should be in the best condition of the season. For these animals to go into the winter in this condition, when feed will be much more limited, presents a concern that some animals will straggle to survive or possibly starve to death. We also took a close look at available forages (feed) for these deer and noticed that the vegetation is severely overgrazed and damaged. To restore the Water Works environment to a natural habitat is not possible until the'`- population of deer is greatly reduced. From our assessment, it appears that there is not enough available feed for these deer. In general, an adult deer needs about 4-7 pounds of quality grass forage daily. We did observe several deer in one area that contained corncobs indicating that residents are feeding the deer. Our conclusion is that there is not enough available quality' feed to sustain the 39 deer or more deer on the property through this winter. Supplemental feeding is a possibility to sustain these deer but this action will only exacerbate the deer overpopulation problem. Also, we are unaware of any research studies requiring deer at this time. The health of many of these deer appears compromised and therefore they would not qualify for a valid research project. We did not walk the entire perimeter of the area so we cannot comment on the possibility that there are breaks in the fence. The fence that we observed is high enough to prevent escapes if there are no gaps in the fence. It is our opinion that to prevent animals from starving, the deer population will need to be significantly reduced before this winter. From our experiences, darting of deer is difficult to perform under these conditions. In addition, darting of deer can also be very stressful and result in life threatening injuries to the deer. In general, considering logistics and safety, darting the deer does not seem to be a viable option. The most effective and humane method to reduce the deer population appears to be hunting (bow and arrow or sharpshooter firearms). Finally, we strongly recommend that several harvested animals be submitted to the Minnesota Veterinary Diagnostic Laboratory for complete necropsy. This necropsy will include close assessment of body condition, mineral/protein deficiencies, nutritional status, parasites (particularly cryptosporidia which is of human health concern), and chronic wasting disease. Information obtained from these necropsies will provide us with important data on how we can improve the quality of life and health in the Water Works deer population. This data will also be important to the Department of Natural Resources in developing a strategy for deer population control and management on the Water Works property. We enjoyed the opportunity to visit and assess the Columbia Heights Water Works deer..Sgt. Kim Lung was especially helpful in allowing us to view many of the deer on the property. It is understandable that the ~- overpopulation of deer has now created a complex and emotional issue for Columbia Heights. Although our recommendation to harvest several deer may seem inhumane, the information we gain from the necropsies will provide important data on how we can improve the health of the remaining deer. Also, feed availability is greatly reduced on the Water Works property and has consequently caused the entire deer population to live in substandard conditions. We recommend that the task force also look to the future and develop a long-term plan to improve the quality of life and health of the deer on the Water Works property. We suggest the task force consult with the Department of Natural Resources for a long-term plan in managing the Water Works deer population. We recommend that a copy of this visit summary be forwarded to the Department of Natural Resources. To From Deer Task Force Ralph J Farnsworth DVM, MS In our original report Dr. McClanahan and I felt that the current deer population would likely experience some animals starving before the end of winter. We made the recommendation that the population be reduced and a management plan developed. While the overall objectives were obvious the specifics as to how to accomplish them needed to be determined Since that time some additional options have become available. A wildlife management company has been located which would develop a program involving reduction of the numbers of animals along with use of a contraceptive program to keep the numbers of animals within the carrying capacity of the area. This program would seem to be a reasonable option, which would allow some deer to remain for public enjoyment but provide a sustainable quality of life for the animals. The major disadvantage of this type of program is that the management needs to be intensive and is quite costly. If this program is to be implemented the company needs to be allowed to manage the program based on its previous experience and judgement. It has been stated that they would like to initially feed the animals to bring them in better condition and do the population reduction after they have a better idea of the profile of the animals and their environment. There has been some concern about this because of the publicity surrounding chronic wasting disease and feeding. It needs to be considered that chronic wasting disease has not yet been diagnosed in deer in Minnesota and that feeding is of concern not because it causes the disease but because of the congregation of animals it increases the spread. These animals are already congregated. It is however, as we stated in the original report, important that culled animals be tested for the disease. BGS Bama, Ouzy & Steffen, Ltd. ATrOIk'qEYS AT LAW 400 lqorthtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) 780o1777 1-800-422-3486 MEMORAlVl)UM TO: FROM: RE: DATED: Walt Fehst, Columbia Heights City M,-*ger Hoef~ City Atto~ Jim Minneapolis Water Works. Deer Issue Nov~mnber 20, 2003 I have been asked to provide an opinion ~s to the CiD"s authority over the M!--~,polis Water Works property as it relales to the deer m~_n~_gement issue. AS you are aware, the City does not have a Deer Ms,~gement Plan. Some cities have adopted such an ordi~_,*ce to address significant deer populations at-large in *.h~ir comm,_:_rtity, Having reviewed those type~ of ordi-,.¢es, I m uot convinced that ~ven if the City had a deer management ortlinance, that it would apply to the present situation. The deer in question do not seem to be creating a "public" hs=ard by destroying other property or causing unsafe drivini conditiom. The curreat authority that the City do~ have over the deer management on the wat~ works property is the same type of authority that ~ve would have with regard to any other private property located within the City. Accordi-gly, unless the property owner is violating an 6sisting or&n~nce, the City has no other overriding authodt~ to rely on. With spccific ~¢fcrence to the deer simalion, if the water works reduces its deer population through bow h!mtln5 such action would not be in violation of any existing ordinance. Howc'ier, if they were to reduce the herd through hunting efforts that involved the discharge of a firearm, they would need 1o obtain permission from the City to do so within the corporate city limits of Colnmbia Heights. As the situation currently stands, the City is simply an interested bystander unless and until the water works property seeks to take action that will violate au existir~ Cob!mbia Heights Ordiniin~4~. ~10963_1 White Buffalo Inc~ ~ Company }'rome Who is WRITE BI]I~ALO, I~c. ? We are a §01 (cX3) nonprofit wildlife management and research organization dedicated to conserving native species and ecosystems through damage and population control. Om- approach is unique, in that we gene~te funding for conservation research by providing management alternatives in non-traditional settings. Why ,'wltrl~ BtlI~AI.,O" ? Native American legend tells of the White Buffalo Woman who offered a sacred pipe to a Dakota t~ibe, explaining that the pipe symbolized that all things were connected. Zts pu~ose was to remind people of their tie to nature, what mature gives and what should be done in return. It is our hope that our approach to ecosystem management and our research will help conserve and enhance the remaining natural environments. ~ BII~ALO Peesoeeel I~. Aethaey ~T. DeNieola, President of ~ BUFFALO, Inc., received his Ph.b. from Purdue University in wildlife ecology. His dissertation was entitled "Control of reproduction in overabundant white-tailed deer populations". In addition to being certified as a wildlife biologist by the Wildlife Society, he holds ~eseerch affiliate positions with Yale University, University of Illinois, Trinity College of HarVard, and the I;~nver Zoological Society. Dr. l~eNicola has 18 publications in reputable scientific journals and has presented at numerous professional conferences. Deboeoh ~uddy, Secretary of WlqITE BUFFALO, Inc., received her Masters in the Studies of Environmental Law from Vermont Law School. She has 9+ yea~s of field experience managing and assisting in research projects and reduction programs. Ms. Cuddy also is responsible for the majority of the administrative component of our organization including the writing and distribution of our biennial newsletter and the web site design. Michael ~Au~ received a Bachelor's degree from Wesleyan University in Middletown, Connecticut. His 8+ yecms of field experience plays an integral part in the success of all our pra~ects. Ityan Rodts received his Bachelor's degree from Purdue University in wildlife management. Prior to coming to WBI he spent 3 yea~s on Santa Catalina Island working on a feral goat and pig eradication program. http://www.whitebuffaloinc.org/profile.htm 11 / 16/2003 White Buffalo Inc. · Company Profile ragu Home Pa_c~e Services & P~ojects Research Techniques FAC~s Publications Newsletter I ZnquiHes and Znfo~tion to: WBUFFALOZNC~aol.com http://www.whitebuffaloinc.org/profile.htm 11/16/2003 Whtte BuR~lo Inc.: Publications - -~, PUBI.ZCA'I'J:ONS (copies czv~ilc~ble upon request) beNicolo, A. f., b. ~T. Kesler, and R. K. 5wihort. 1996. Ballistics of a biobullet delivery system. Wildlife Society Bulletin. 24:301-305. beNicola, A. ,T., O. ~T. Kesler, and R. K. 5wihart. 1997. Dose determination and efficacy of remotely delivered norgestomet implants on contraception in white-toiled deer. Zoo Biology. 16:31-37. beNicola, A. ,T., D. ,T. Kesler, and R. K. 5wihert. 1997. Remotely delivered prostaglondin F-2alpha implants terminate pregnancy in white-toiled deer. Wildlife Society Bulletin. 25:527-531. beNicola, A. f., and R. K. Swihart. 1997. Capture-induced stress in white-toiled deer. Wildlife Society Bulletin. 25:500-503. beNicolo, A. ff., 5. ,T. Weber, C. A. Bridges, and f. L. Stokes. 1997. Non- traditional techniques for management of overabundant deer populations. Wildlife Society Bulletin. 25:496-499. IOIpatrick, H. f., A. ,T. beNicola, and M. E. Ellingwood. 1996. Efficiency of transmitter darts for capturing white-toiled deer. Wildlife Society Bulletin. 24:306-310. Kilpatrick, H. ~T., S. M. Spohr, and A. f. beNicolo. 1997. Darting urban deer: techniques and technology. Wildlife Society Bulletin. 25:542-545. beNicolo, A. f., K. ¢. VerCauteren, P. b. Curtis and S. Hyngstrom. 2000. Managing White-toiled deer in suburban environments: A technical guide. Home Company ~ervices & Research Technklues FACLs Newsletter ~ Profile Peo~ects Znquiries and Znformation to: WBUFFALOZN¢@ool.com http://www.whitebuffaloinc.org/pubs, htm 11/16/2003 White Butthlo Inc.: Services and Projects ~ ,,~ ..... PRO~E~I'S COMPLETED We have a 10070 success rate for both capture and removal programs. We have met or exceeded expect~ions of all involved parties, including state agencies and law enforcement. Collectively, Dr. DeNicola has captured over 800 deer, and removed over 3200 deer. As a result of our removal programs more than 80,000 lbs. of venison have been donated to various food shelters. · ~ fertility corr~ol programs in Connecticut, New ~Tersey and Ohio, · ~ population reduction programs in New ~ersey, Michigan Minnesota,]~ndiana, Iowa, Maine, Pennsylvania, and New Hampshire ·Oeer eradication program on an island in Maine · Deer capture in Ohio, Massachusetts, New York, ]~ndiana, Connecticut, Maryland, and Michigan · Deer population estimates in Connecticut, New ,Terse¥,Missouri, New York, Rhode Zsland, and ]~ndiana Home Page Company P~ot:ile Research Techniques FA(~s Publications I~lewsletter IJ Znquiri~s and Znfo~tion t'o: WBUFFALOZNCgaol.com Designed by Wl~te Bul~lo, Inc, 0 1g~g-2003 http://www.whitebuffaloinc.org/services.htm 11/16/2003 Wtute Buttalo Inc. · ~iervlces ana t'rojects ra~ t ut ~ WHI'TE-T~LED DEER MANAGEMENT SERVZCE$ OFFERED ~ BIII~ALO, l~c. is well versed and experienced in the use of various equipment and technologies (i.e., drop-nets, rocket-nets, dcu-t guns, firearms) and is fully capable of I~oviding any of the services outlined below. Site e~aluatien / em~ultatJo~ We can determine the feasibility and cost of implementing management options (i.e., controlled hunt, shar~shoat, t~op and euthanasia, trap and relocation). Set up For these programs, we use state of the art equipment used by top law enforcement and military personnel, specially modified fo~ suburban/urban dee~ ~emoval. Our weapons are designed to ensure safe and humane animal removal. Capture and euthmmsia/r~lemtion Unde~ some circumstances, because of firearm discharge restrictions or because it may be considered more appropriate, deer can be captured and euthanized or released elsewhere. Capture fro' meriting and eolleetiaa ef biolmjieal data We are experienced and fully equipped to provide capture se-vices or work collaboratively on research projects. Al~lied contraception m.~ea~eh We are actively involved in assessing the feasibility of population control using anti-fer~tility agents. Population estimates We can conduct estimates of population size using helicopte~ snow counts, spotlight surveys, or mark/re-sight techniques. http://www.whitebuffaloinc, orgtservices.htm 11/16/2003 wlute ~utlalo Inc. REVZEW OF AVAZLABLE TEeHN:]:QUE$ When regulated hunting is not an option, nontraditional methods, such as the ones identified below, can be implemented to address overabundant deer populations. Further review of these techniques can be found in/I/lanag/n9 H/h/l'e Tai/ed Dee/' /n Subut'ban Envit'ontnents:A Technical ~;uide Trap and Relocate This approach requires trapping, netting and/or remote chemical immobilization by experienced personnel. Costs can range from $400 to $2,931. Suitable release sites are necessary, but can be difficult to find. Relocating deer can result in stress-related death, or disease transmission (i.e., Lyme Disease, tuberculosis). If selected, then personnel experienced in handling procedures should be used to minimize stress and post-release death. Fertility Control Perceived to be the ideal solution, fertility control agents are currently not available for managing overabundant deer populations. All field studies are strictly regulated by the Food and Drug Administration and further research is required to assess the feasibility and practicality of using contraceptives. Fertility control agents exist that can prevent reproduction in individual deer. However, the need for repeated administration and limited delivery technologies significantly restrict the population size that can be experimentally manipulated. Data collected to date (cost of manpower and materials (~$1o000/per doe treated), adequate number of does accessed) suggests that use of contraceptives will be limited to small insular herds. Sharpshooting Approved by the American Veterinary Medical Association (AVMA) as a humane form of euthansia, sharpshooting requires trained personnel to use a variety of techniques to maximize safety, discretion and efficiency. This method is often implemented in suburban and urban settings with access to both public and private lands. Costs range from $91 to $300 per deer. Typically all meat harvested is dor~ted to area food shelters for distribution. Controlled Hunting An expansion of legal regulated hunting methods, controlled hunts can be successful. Using hunters to manage overabundant deer populations may require the need for state agency and law enforcement involvement as there is the potential for animal welfare groups intervention. Costs range from $t62 to $622 per deer harvested depending on the manpower required. Archery is a discreet removal technique, however, lower success rates because of limited shooting ranges may require a longer time frame of operation. Firearms, when feasible, can be used to maximize the efficiency (number of deer http ://www.whitebuffaloinc. org/techniques, htm 11/16/2003 harvested, length of program). Trap and Euthanasia ~is technique can be used in areas where there is a concern about or law prohibiting the discharge of firearms. Physical restraint, using box traps, clover traps, drop nets or rocket nets, is followed by euthanasia using a gun shot or captive bolt to the head. As mentioned above, deer are subjected to great amounts of stress during the restraint component. Minimum cost is $400 per deer. Home Co .m~an_v ,Services & Research FAQs Publications Newslel"ter Page Profile Projects ams znfor,m,tion to: WBUFFALOIN¢ aol.comlJ http://www.whitebuffaloinc.org/techniques.htm 11/16/2003 - Frequently Asked ucstions - Here are just a few questions we deal with when discussing the problem of deer overabundance and available solutions. Why does a community call WB~ Abundance of vehicle collisions, I.yme disease, landscape or garden damage, and ecological damage (i.e., severe browse line, no regeneration) are the four most common conflicts that motivate a community to inquire about our services. How does WBI operate in areas of high human activity? It is first necesscu'y to have a public meeting so private landowners can understand what is involved in a remote euthanasia program. Once deer distribution is assessed, access to private properties is obtained and then safe shooting areas are selected. A baiting program is established to pattern the .deer and bring them to these areas. Shooting lanes are then cleared to ensure that there are no obstructions in the trajectory of the bullet. Patterns of human activity (i.e. dog walking, school bus routes, joggers) are recorded to determine the timing of removal at set locations which results in maximal safety and discretion. For each site, we select one of eleven specialized weapon systems each designed for select site characteristics. This decision is dependent on maximal shooting range, acceptable noise, proximity to homes and deer abundance, beer are euthanized with a single shot to the head to ensure a humane kill and that deer do not exit the authorized property. How does WBI maintain objectivity when communities are in the decision making phase? We simply review all available deer management options and then determine what is involved logistically, the costs, time frame and compatibility with human activity within the area. This information is then provided to the inquiring party so that they can make a more informed decision. C~n WBI implement a control program after an area has been hunted? It is difficult to professionally manage a deer population after they have been pursued by recreational hunters. Prior to any management action, suburban deer are typically very approachable, beer that do not readily exhibit alarmed behavior can be effectively and efficiently manipulated for the purposes of either capture, anti-fertility agent administration, or remote euthanasia. When deer are hunted http://www.whitebuffaloinc.org/faq.htm 11/16/2003 they become weary of the threat that humans can pose, and any subsequent efforts to manage deer using similar techniques (exj., use of a t~ee stand) are often compromised. The only way dee4- can be managed cost effectively, Js through the use of methods that differ substantially from that of hunting. For example, approaching deer with a vehicle usually remains a viable option. Home Co ..qmany Services & Reseeech Techniques Publications Newsletter Page Pea file Pea_jeers IJZnquiHes and Znfocmation to: WBUFFALOZN¢,~eol.comI{ http ://www.whitebuffaloinc. org/faq, htm 11 / 16/2003 Wtute But~alo Inc.: Newsletter Page 1 of 4 Biannual Newsletter - Volume 8 Xssu~ 1, May 31, 2003 Followi.g are excerpts from our newsletter, highlighting our current activities. Another Successful Field Season Deer reduction programs were conducted in Eden Praide, EdJna and Bumsville, Minnesota in November. Two hundred seventy-one deer were removed collectively. Big Steer Meats in St, Paul, processed all the venison, and donated it to the Twin Cities Emergency Food Bank We began field preparation in early January for the third year of Princeton Township NJ's deer management program, only to have the permit denied by the State Fish and Wildlife Commission. A surprise to everyone, we adjusted our schedule and headed to Cleveland. The permit was reviewed by the State again in February, with the amendment that Princeton would open more of its public lands for traditional hunting. The permit was approved and WBI returned mid February, to begin operations. Two hundred-eighty deer were harvested over 3 weeks. John Person, a professional butcher in Lebanon, NJ processed all the venison for donation. Physical interference by the opposition was minimal this year. W'r{h the exception of 3 residents, those that were asked to stop feeding per the feeding ban ordinance did so. Judge Rules on Ordinance Judge Feinberg, Superior Court of New Jersey, Mercer County, upheld Princeton Township's feeding ban ordinance in December 2002. Her ruling found that the intent of the ordinance was reasonable and part of the Township's overall goals of addressing the negative impacts of the deer overpopulation. (NJ Docket No. Mer-L-151-02) The ordinance was put to the test as the third year of Princeton's deer management program got underway. There were a handful of residents who would not stop baiting and their actions were affecting WBI's ability to harvest and/or capture deer. One resident who had been feeding daily for the last 20 years (and a vocal opponent to the lethal program) was adamant about not stopping, even after the township built and placed a platform feeder in her yard to prevent deer from feeding. Mark Johnson, the animal control officer finally resorted to issuing a summons for violation of the ordinance. Four summonses later the resident appeared in Court. The Judge ruled guilty on all 4 counts; the woman was fined $4000.00 and given a 30-day suspended jail sentence. The irony is that this woman lived in the area of town designated for the fertility control research component of Princeton's management program. http://www.whitebuffaloinc.org/news.htm 11/16/2003 Wrllte l~urialo Inc. ' INeWSltCtt~I Princeton fertility control research gets off the groundl The first year (funded by VVBI) of a 5-year white-tailed deer fertility control research program was completed in Princeton, NJ this February and March. The intent of the reseamh is to assess the feasibility and practicality of reducing and then maintaining a portion of the deer herd using SpayVac (developed by Dr. Robert Brown, IVT) to approximately 40 deer/mile2. The selected study site was a 2 square mile area comprised of % - 1 acre zoning in the southeastern part of the Township, where little or no lethal deer management has occurred over the last 3 years. Deer were captured using drop nets or darting equipment. Does were given ear tags, radio collars, reflective collars and an initial injection of SpayVac. Blood also was drawn to determine current pregnancy status (analysis conducted by Dr. Lowell Miller, NWRC). The SpayVac will effect next year's reproduction (2004). Upon completion of this year's efforts, 20 does had been captured and vaccinated. To date, eighteen are still alive and Princeton residents have seen several as they move around the neighborhood. Due to the baiting interference by those opposed to the lethal program and WBI's general involvement in the Township's deer management program, the research got off to a late start and climatic changes (on set of green-up) were quickly affecting our ability to capture. James (B J) Hubert, a graduate student from Rutgers University will monitor the deer's movements using telemetry; as well as make general observations regarding social group composition and number of fawns bom this year. Data gathered from this will be used towards his Master's thesis. In addition he will provide field assistance in future years' capturing efforts. The photo below is Princeton Animal Control Officer Mark Johnson with one of treated does. Return to Mongolia A second trip to Mongolia occurred in April. Tony again traveled with Rich Reading and Dave Kenney of the Denver Zoo to assist in the A~gali Sheep capture program. Upon their departure to Mongolia, 4 of the 6 originally captured sheep had died. The majority of the deaths were caused by predation by dogs. These dogs are used by the local herdsman and apparently rely on the taking of yearling sheep as a food source during the winter months. As mentioned in the last newsletter, there is not much known about the Argali. The fact that they are susceptible to dog predation is a valuable piece of the population decline puzzle. http://www.whitebuffaloinc.org/news.htm 11/16/2003 After 14 days in the field 6 lambs and 3 ewes were successfully captured via dart gun. The ewes were giving birth during this trip and lambs were captured and used as a lure. However it was quickly discovered that any lamb older than 3 days could run nearly as fast as an adult. 20-40 mph winds and Iow double -digit temperatures were consistent for the duration of the trip. Another trip is tentatively planned for September when drive nets will be used. Detour though Bhutan Tony was given the opportunity to travel to Bhutan after his trip to Mongolia. He spent 3 weeks traveling the Bhutanese landscape, visiting various villages and offering suggestions on wild pig control. The wild pig is native to Bhutan and is causing substantial damage to villager's crops. The government is in the beginning stages of implementing lethal techniques to try and address the overpopulation. Farmers, alter spending all day tending their crops, will stay up all night banging pots and pans in hopes of discouraging the pigs from entering the fields. Many farmers are getting discouraged and are heading to the cities for work. Tony has worked closely with Ministry of Agriculture officials in designing a pig control program. A component of the program will involve capturing sows and aff'txJng GPS collars. There have never been any telemetry studies done in Bhutan. Understanding their movements will prove beneficial to the overall control effort. A budget has been put together and he will retum in late September for 5 weeks to assist in field training and implementation. This photo shows a night guarding shack used by Bhutanese farmers. Cleveland in January Ninety-three deer were captured in the Ohio Erie Canal Reservation as part of the 6-year fertility control research. This season, the third year, 66 does and 27 males were captured using drop net and darting techniques. All does captured were treated with either a PZP booster or an initial dose of SpayVac. After last year's efforts, it was determined that the initial injection of PZP did not appear to sustain titer levels long enough beyond year one to prohibit reproduction. Radio collars were replaced when determined necessary. To help distinguish treatment groups (i.e., year captured, agent administered) colored reflective collars were placed on the does. Cleveland Metropark interns will monitor the deer using telemetry, and observe does subsequent to fawning season to assess http://www, whitebuffaloinc.org/news.htm 11/16/2003 White Buffalo Inc. ~ Newsletter I treatment efficacy. Here is doe #112 after receiving a PZP booster and a reflective collar. Home Co _m!xmy Page Profile Ii Zmluiries ,~er~ces & Research Techniques FA(~ and Znformation to: WBUFFALOTNC~aol.com Publication~ http://www.whitebuffaloinc, org/news.htm 11/16/2003