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HomeMy WebLinkAboutJune 14, 2004 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 Junell, 2004 MaFor Juliel,ne ~YyckoJ]' Cottncilmetnbers Robert A. [?illiams Brtlce Nawrocki Tammera Ericso~t Bruce Kelzenberg CiiT Mana.~er l~alter 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, June 14, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Colmnbia 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, acconnuodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, proga'ams, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Rev. Russ Couwenhoven 1. CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM/ROI~I~ CALl, PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclmnations - "Stand for Children Day"--June 19, 2004 B) Presentation - Humanitarian of the year C) Presentation - Report of Activities Center Task Force, Mike Peterson and Gary Peterson D) Introduction of New Employees - none E) Recognition - Desigmation Imagination Team--Columbia Heights Middle School 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 Cit~ Council Meeting Minutes for the May 24, 2004, regular City Council meeting MOTION: Move to approve the minutes of the May 24, 2004, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the minutes of the following boards/commissions: a) April 20, 2004, Regular Meeting and Joint Work Session Minutes of the Economic Development Authority b) April 27, 2004, Special Work Session Minutes of the Economic Development Authority c) May 10, 2004, Special Meeting Minutes of the Economic Development Authority d) May 20, 2004, Regular Meeting of the Telecommunications Commission THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF' SERVICES City Council Agenda June 14, 2004 Page 2 of 4 3) 4) 5) 6) 7) 8) Establish Work Session meeting date for Monday, June 21, 2004, beginning at 7:00 p.m. in Conference Room 1. MOTION: Move to establish a Work Session meeting date for Monday, June 21, 2004 beginning at 7:00 p.m. in Conference Room 1. Adopt Resolution/Approve the 2004-2005 AFSCME Labor Agreement MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-26, being a resolution regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 2004 - December 31, 2005. Adopt Resolution/Approve 2004-2005 Salary & Fringe Benefit Adjustment for Teamsters-Sergeants MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-32, regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320--Police Sergeants, effective January 1, 2004 - December 31, 2005. Adopt Resolution/Approve 2004-2005 Salary & Fringe Benefit Adjustment for Non-Union Supervisory Employees MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-30, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2004 and 2005. Adopt Resolution/Approve 2004-2005 Salary & Fringe Benefit Adjustment for Non-Union Essential and Confidential Employees MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-31, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2004 and 2005. Establish a Hearing Date of June 28, 2004, for revocation or suspension of rental property license at 1207-09 Circle Terrace Boulevard N.E. and 936-938 42na Avenue N.E. MOTION: Move to Establish a Hearing Date of June 28, 2004, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Joe Tohey at 1207-09 Circle Terrace Blvd. N.E. MOTION: Move to Establish a Hearing Date of June 28, 2004, for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Merlin Garner at 936-938 42n° Avenue N.E. 9) Authorize Hot Air Balloon Rides and Fireworks as Part of the 2004 Jamboree MOTION: Move to authorize hot air balloon rides and fireworks as part of the 2004 Jamboree. City Council Agenda June 14, 2004 Page 3 of 4 10) Authorize 1.4 Mile "Fun Run" from 45th and Central to City Hall Prior to Jamboree Parade on June 25, 2004 MOTION: Move to permit a 1.4 mile fun run, beginning once the parade route has been secured, or at approximately 6:25 p.m. on June 25--whichever is later--as part of the Jamboree activities. 11) Authorize Minneapolis Water Works to Install Master Meter Replacements MOTION: Move to authorize the Mim~eapolis Water Works to install a new 24 inch Master Meter, two new 24 inch valves, at an estimated cost of $20,000 to $23,000, with funding from the Water Construction Fund 651-49430-5130. 12) First Reading of Ordinance No. 1470, Amending Zoning and Development- Park Dedication MOTION: Move to waive the reading of Ordinance No. 1470, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1470, being an Ordinance amending Ordinance No. 1428 Zoning and Development-Park Dedication for June 28, 2004, at approximately 7 p.m. in the Council Chambers. 13) Authorize 2004 Joint Powers Agreement with Anoka County for Residential Recycling Program MOTION: Move to authorize Mayor and City Manager to enter into the 2004 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $46,434.73 available as reimbursement for eligible expenses. 14) Adopt Resolution Authorizing Reallocation of CDBG Funds From Sale of House at 4607 Tyler Street to Eligible Activities for Redevelopment of NEI Site MOTION: Move to waive the reading of Resolution 2004-33, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-33, authorizing reallocation of Community Development Block Grant Funding to be used for proposed CDBG eligible activities for the redevelopment of the NEI site. 15) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 14, 2004, as presented. 16) Approve Payment of Bills MOTION: Move to approve payment o£the bills out of the proper funds as listed in the attached check register covering Check Number 108438 through 108840 in the amount of $1,098,448.91. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 3849-51 Central Avenue N.E. MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic LLC regarding Rental Property at 3948-51 Central Avenue N.E., in that the violations on the property have been corrected. City Council Agenda June 14, 2004 Page 4 of 4 ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Approve Resolution Providing 2005 Budget Preparation Guidelines, Adopting a Proposed Maximum Budget, and Setting the Proposed Maximum City Levy for 2005 MOTION: Move to waive the reading of Resolution 2004-29, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-29, being a resolution providing 2005 budget preparation guidelines, adopting a proposed maximum budget, and setting the propose4d maximum city levy for 2005. 2) Adopt Emergency Ordinance No. 1471, Imposing a Moratorium on the Use of Property in Industrial Park Master Plan MOTION: Move to waive the reading of Emergency Ordinance # 1471, there being ample copies available to the public. MOTION: Move to adopt Emergency Ordinance # 1471, being an Ordinance repealing Emergency Ordinance No. 1457, and imposing a moratorium on the use of property identified in Phase I & II of the Industrial Park Master Plan for the City of Columbia Heights. B) Bid Considerations -none C) Other Business 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes.) 10. COUNCIL CORNER 11. ADJOURNMENT Walter R. Fehst, City Manager WF/cb PROCLAMATION Declaring June 19, 2004 as Stand for Children Day WHEREAS, in 1996, Stand for Children, a Washington-based grassroots organization, held a rally at the steps of the Washington monument to mobilize and gather support for our nation's young people, and; WHEREAS, the effort has grown to include an annual event called "Stand for Children Day" to bring attention to the most pressing issues facing our nation's children, and; WHEREAS, in 2001, the Fridley 49th Celebration included Stand for Children Day to focus on resource sharing and highlighting local organizations that support families and kids, and in 2002 the event focused on learning during the early years, and; WHEREAS, in 2003 and 2004 the Values First Asset Development Committee has taken the leadership role in planning and coordinating this activity, with local organizations volunteering to participate. NOW, THEREFORE BE IT RESOLVED that I, Julienne Wyckoff, Mayor of the City of Columbia Heights, hereby proclaim June 19, 2004 as Stand for Children Day, and call upon all citizens, to increase their participation in efforts to prevent child abuse and neglect, thereby strengthening the communities in which we live. Proclaimed this 14na day of June, 2004 by: Wycko: OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING MAY 24, 2004 THESE INUTE$ NOT. BEEN APPROVED, The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, May 24, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Theresa Taylor, Oak Hill Baptist Church, gave the Invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Williams, Councilmember Nawrocki, Councilmember Ericson, Councilmember Kelzenberg PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Wyckoff removed item 5-A-7 regarding Zone 7 and placed it under 7B - Bid considerations. Motion by Nawrocki to discuss the Sanitary Sewer Policy. The motion died for lack of a second. Nawrocld stated het would address this under Council Comer. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations Buckle-Up May Mobilization - May 24 to June 6, 2004 Patrick Lindstrom, a student in the audience read the proclamation. Police Chief Tom Johnson stated his pride in this program and complimented Corporal Bonesteel for his organization of this national program. Last year our percentage of seat belt wearers was over 70percent, and will do our best to increase that number. Nawrocki questioned the number of deaths in Columbia Heights from non-use of seat belts. Chief Johnson indicated he couM obtain that number, but indicated that with the heavy road usage of Central Avenue, many fatalities are attributed to non-seat belt use. B) Presentations VFW Post 230 Donation toward Jamboree Fireworks Post Commander Bruce Nawrocki presented a $1,000 check to Park and Recreation Commission Liaison Bruce Kelzenberg to be used toward the Jamboree fireworks display on Saturday, June 26th at Huset Park. Nawrocki indicated that last week he was honored to present eight $750 scholarships on behalf of lzF~ Post 230. c) Imroduction Matt Schoen, Columbia Heights High School Principal, introduced himself and listed his background. Schoen described curriculum changes that have been implemented at the High School. Next year there will be a freshman transition program, which allows Junior and Senior student leaders to work as link leaders with small groups of freshman. V~yckoff referred to local students competing in Tennessee that will attend a June City Council meeting. Schoen stated that was a Junior High contest, and they have reached the national level. Wyckoff referred to the quality of local cable programs by high school students. Schoen described the program. City Council Minutes May 24, 2004 Page 2 of 11 Ericson welcomed Mr. Schoen and indicated she has heard many good things about his work at the High School. Williams ask Mr. Schoen to compare this High School to his previous position in Owatonna, which Mr. Schoen did. Wyckoff questioned diversity at the High School Schoen stated that Columbia Heights is multiple in its diversity, where it is not unusual to hear 10 or 12 different languages spoken at once. Schoen stated the need to continue to meet the needs of the diverse learners, while accepting and embracing them. CONSENT AGENDA Walt Fehst, City Manager, took Councilmembers through the Consent Agenda items. 1) Approve City Council Meeting Minutes for April 26, 2004 and May 10, 2004 regular City Cotmcil meetings. a) Motion to approve the minutes of the April 26, 2004, regular City Council meeting as presented. Nawrocki indicated a correction: American Legion Post should have been VFW Post 230. He stated that the annual Memorial Day Service would be held at the City Hall flagpole on Monday, May 31st at 11:30 a.m. b) Motion to approve the minutes of the May 10, 2004, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a) Motion to accept the May 4, 2004 minutes of the Library Board. Nawrocki stated that the Library will be responsible for the road improvements adjacent to the building in the amount of $12,500. b) Motion to accept the April 29, 2004 minutes of the Park/Recreation Commission. c) Motion to accept the May 12, 2004, minutes of the Human Services Commission. 3) Establish Work Session meeting date for Monday, June 7, 2004, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, June 7, 2004 beginning at 7:00 p.m. in Conference Room 1. 1) Preparation of 2005 budget 2) Minneapolis Water Works - replacement of master meter 3) Amendment to Zoning Ordinance: Park Dedication. 4) Authorize the contract with Auction Masters for auctioning excess City property, unclaimed/ forfeited Police evidence, and found property. Motion to authorize the Mayor and City Manager to enter into a one-year contract with Auction Masters of Maple Grove for auctioning excess City property, unclaimed/forfeited Police evidence, and found property. Nawroclcd requested that some bicycles remain and be made available to children within the community. Fehst stated that Council consensus was to have a program whereby 10 to 12 bicycles would be made available to residents of the community. s) Approve one time Charitable Gambling Permit for MN 90 Lightning Hockey Club. Motion to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time bingo event to be conducted by the Minnesota 90 Lightning Hockey Club at the Church of the Immaculate Conception, 4030 Jackson Street NE, Columbia Heights, on August 7 and 8, 2004; and City Council Minutes May 24, 2004 Page 3 of I 1 furthermore, that the City of Columbia Heights hereby waives the remainder of the thirty-day notice to the local governing body. Nawrocki questioned if this request is for the church or the hockey group. Fehst stated it is for the MN 90 Lightning Hockey Club. Police Chief Johnson stated that MN 90 has a license and is using their one time exemption, with the event to be held at the church. A background check will be performed 6) Approve up to $3,500 for a joint survey with the School District, to be conducted by Decision Resources Inc., dependent upon staff review of the questions to be posed to the citizenry. Fehst stated that copy of the draft questions were received this afternoon and were placed before Councilmembers tonight. REMOVED by Nawrocki. 7) Adopt Resolution No. 2004-27, being a Resolution accepting the Bid and awarding the contract for Street Rehabilitation in Zone 7A. REMOVED 8) Approve Change Order No. 1 and final payment for sanitary sewer lining, Project 0309 Motion to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Visu-Sewer Clean and Seal, Inc. in the amount of $ 3,822.25 to be ftmded out of 652- 50309-5130. Motion to accept the work for Sanitary Sewer Lining, City Project No. 0309, and to authorize final payment of $4,054.25 to Visu-Sewer Clean and Seal, Inc. of Pewaukee, Wisconsin. Fehst stated that this project, for the 43~a and Central sewer line, was scheduled for next yea~; but was moved up a year. Nawrocki questioned if we have a signed agreement. Hansen stated that the original contract was signed in 2003, upon Council approval. 9) Establish a Hearing date of June 14, 2004 for revocation or suspension of rental property license at 3849-51 Central Avenue Motion to establish a Hearing date of June 14, 2004 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against F. C. Celtic LLC at 3849-51 Central Avenue NE. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for May 24, 2004 as presented. 11) 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 108300 through 108438 in the amount of $676,122.28. Motion by Nawrocki, second by Williams, to approve the consent agenda, with the exception of items #6, and #7. Upon vote: All ayes. Motion carried. #6 Approve up to $3,500 for a ioint survey with the School District, to be conducted by Decision Resources Inc., dependent upon staff review of the questions to be posed to the citizenry. Nawrocki asked if the questions are 50percent City and 50percent School District, and stated he could not approve staff having the final say as to what questions are asked. Fehst indicated the motion reflected Council consensus from the work session. Nawrocki stated the consensus was only to consider participation. Fehst stated the questions include needs for the park and recreation infrastructure, park City Council Minutes May 24, 2004 Page 4 of 11 improvements, if citizens would support building a new library, and if Minneapolis would build a facility close by if residents would still be interested in some type of recreation or community center. This motion was to consider the amount to contribute toward the survey. Nawrocki stated that how the questions are phrased affect the results of the survey and he wants to see them. Fehst indicated staff would meet with the consultant on Thursday, and the questions could be presented at to the next work session. Ericson indicated that the School District is looking for a commitment to participate from the City and then a committee would determine the questions. Fehst indicated the need to collaborate with the School District on this survey. Motion by Ericson, second by Kelzenberg, to approve up to $3,500 for a joint survey with the School District, to be conducted by Decision Resources Inc., dependent upon staff review of the questions to be posed to the citizenry, and report back to council at the next work session. Motion by Nawrocki to divided the question between the cost of the survey and staff authority as to the questions to be asked. Second by Williams. Ericson indicated this would require a special Council meeting with the survey company. She did not agree with dividing the question, but felt staff should put the questions together and bring them to a work session. Council should not be involved in writing the question. Fehst stated that Councilmembers could add or subtract to the questions at the work session. The consultant could be at the meeting to answer questions. Upon vote of dividing the question: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay. 1 aye - 4 nays. Motion failed. Nawrockd stated he would vote against the motion, as it is very important that council discuss the proposed questions and agree or disagree on how you ask them. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes -1 nay. Motion carried. PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 943 42nd Avenue Mayor Wyckoff closed the Public Hearing regarding the revocation or suspension of the Rental License held by Merlin Garner regarding rental property at 943 42nd Avenue in that the violations on the property have been corrected. Public Hearing called for Revocation/Suspension of Rental Housing License at 3849-51 Central Mayor Wyckoff closed the Public Hearing regarding the revocation or suspension of the rental license held by F.C. Celtic LLC regarding rental property at 3849-51 Central Avenue until such time all interested parties can be properly notified. Nawrocki questioned what the problems were that were corrected. Wyckoff indicated that 99percent of the time calling for a Public Hearing motivates the owner to correct the violations. ITEMS FOR CONSIDERATION Other Ordinances and Resolmions City Council Minutes May 24, 2004 Page 5 of 11 Adopt Resolution No. 2004-28, being a Resolution establishing a Sewer Connection Charge and Water Connection Charge Kevin Hansen, Public Works Director, stated this would establish sewer availability and water availability charges. The city currently does not have any such charge, but do collect a pass through charge for the Met Council. The affect of the increased usage on existing lines is difficult to analyze and capacity costs have been paid for by prior developments. Hansen indicated Council's desire to look at hook up charges for new developments. To determine a charge we could look at the capacity to our lines and do a per-unit charge or have the developer pay for the upsizing of lines. Staff suggested that any new development be determined on a case-by-case basis to recover our costs. Based upon staff and City Attorney review, the recommendation is $200 for sanitary sewer connection and $400 for water connection. Wyckoff stated that this would mean the proposed 400 units in the industrial area would be charged $600 per un#for connection. Wyckoff stated the resolution refers to the rates, not a case- by-case determination. Fehst indicated the Resolution wouM allow implementation of the fees. Wyckoff questioned if the Sullivan townhomes wouM be charged Hansen stated this would not be effective until acted upon by Council, and would then be added with any new building permit application. Wyckoff indicated concerns that this would scare off developers. Hoefi stated that a large development wouM be considered on an individual basis to determine if an upsizing of lines is required, just as was done for the Kmart development. This is a policy to recoup existing administrative costs, and would not finance capital improvements for existing improvements. Ericson stated that it is not unusual to recoup these costs and will not be a surprise to the developer. Hoefi stated the consideration was to charge large developments upsizing costs or connection fees of $3, 000 to $5,000. Nawrocki stated that developers would laugh at this low cost, as Blaine charges five to six times this much. Developers should be charged whatever the cost to oversize lines. He stated that we should take into consideration costs existing residents have already paid Hansen stated that relative to the Kmart site, we looked at the entire trunk and capacity to the interceptor link. The upsizing they will pay for will occur on Central Avenue, in addition to what they are doing on the property. We can not make the developer payfor things that current residents have already paid for. Hoeft agreed, and stated that the Blaine system is not fully developed These rates should pay for ongoing costs of maintenance and capital improvements, but not for increased capacity. If there were a way to determine the addition to the system you might be able to determine a SAC~WAC fee, but in a developed system you do a case-by-case capacity analysis and determine how it will impact the system. This recommendation is simply recouping administrative costs as determined by the City Engineer and if challenged, we would have to support the fee in court. Hoefi referred to a case study that happened in Egan that was included in the Council packet, whereby the city wanted the developer to help pay for existing roads, and the court stated they could not. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2004-28, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2004-28, being a Resolution establishing and implementing new City Sanitary Sewer Connection Charge in the amount of $200 and Water Connection Charge in the amount of $400. Nawrocki stated this is short of what it should be, but is better than nothing. Citizens that have paid for the system are being short changed by the new development. City Council Minutes May 24, 2004 Page 6 of 11 Upon vote: All ayes: Motion carried. Resolution 2004-28 BEING A RESOLUTION ESTABLISHING AND SETTING RATES ON SANITARY SEWER AND WATER CONNECTION CHARGES IN THE CITY OF COLUMBIA HEIGHTS BE IT HEREBY RESOLVED by the City Council of the City of Columbia Heights, that: In accordance with the operating and maintenance costs incurred by City Staff when new connections are made to the Public Sanitary Sewer and Water Mains, the following connection charges shall be put into effect as of June 1, 2004 on all new connections made to the public mains, payable at time of building permit, rendered hereafter: 1. Water Connection Charge: $400 per unit 2. Sewer Connection Charge: $200 per unit The connection charges shall apply to all new water main and/or sanitary sewer connections made to the public utility system BE IT FURTHER RESOLVED that all foregoing rates are made effective June lst, 2004 in order to meet the expenses and costs to the City of Columbia Heights for these respective services. D) Bid Considerations 1) Adopt Resolution No. 2004-27, being a Resolution accepting the Bid and awarding the contract for Street Rehabilitation in Zone 7A. Hansen stated that bids were opened last Thursday, and bids ranged from $1.6 to $1.9 million. The low bidder was Midwest Asphalt. The base bid is lower than the engineers estimate. He described the five alternates and the respective subtractions and additions. He recommended accepting the base bid from Midwest Asphalt and alternates 1, 2,3, 4B, 5for a total contract award of $1,562, 851.49. Nawrocki questioned the amount of the original estimate and the affect of this on proposed assessments. Hansen stated $1, 700, 000. Assessments should be less than proposed by three to five percent. Motion by Kelzenberg, second by Williams, to waive the reading of Resolution No. 2004-27, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Kelzenberg second by Williams, to adopt Resolution No. 2004-27 accepting bids and awarding the 2004 Street Rehabilitation Projects in Zone 7A, Project No. 0402 to Midwest Asphalt Corporation of Hopkins, MN in the amount of $1,605,400.07 based upon their low, qualified responsible bid and accepting Alternate 1 for sanitary sewer on Jackson Street for an add on of $9,601.40, Alternative 2 for HDPE storm sewer pipe (36" only) for a deduct of ($9,120.00), Alternate 3 (unit price basis) for residential driveway construction, Alternate 4B for 15" open cut pipe installation for a deduct of ($15,175.90) and Alternate 5 for 30" open cut pipe installation for a deduct of ($27,854.08) for a total contract award of $1,562,851.49; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same Ericson questioned the conflicting addresses of the bidder. Hansen stated that they have several addresses. Williams complimented Hansen on the accuracy of the original estimate. Hansen stated that the compliment should go to the engineering staff, especially Kathy Jean Young. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2004-27 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 7A STREET REHABILITATION IMPROVEMENTS, CITY PROJECT No. 0402 TO MIDWEST ASPHALT CORPORATION City Council Minutes May 24, 2004 Page 7 of 11 WHEREAS, pursuant to an advertisement for bids for City Project No. 0402, Street Rehabilitation Improvements, five bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: (See Exhibit 1) WHEREAS, it appears that Midwest Asphalt Corporation, 5929 Baker Rd, Suite 420, Minnetonka, MN 55345 is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with Midwest Asphalt Corporation, in the name of the City of Columbia Heights, for the 2004 Zone 7A Street Rehabilitation Improvements, City Project No. 0402, according to plans and specifications therefore approved by the Council. 2. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 3. City Project 0402 shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, and Storm Water Utility Construction Funds. ADMINISTRATIVE REPORTS Report of the City Manager · 3730 Tyler - DuAl1 will remove and store items from this property at the Public works area for 60 days and then sell the property if the owner does not pay the costs. · Citing 3808 Reservoir, as it is not licensed for rental. · The owner of the double bungalow on 39th hopes to have the renters removed by mid-June. The property has gotten worse as the renters continue to unload more items. If the illegal detainer has not removed them by June, the rental license will come forward for revocation. · 943 42"d, the third rental unit is being dismantled. Wyckoff explained abatement for the students in the audience. Wyckoff stated she received a complaint regarding a car repair business being run from a home in the 4500 block oralth Street. Residents shouM call 911 when seeing this type of activity. She reminded residents that there is a six hour parking limit on Columbia Heights streets. Chief Johnson indicated the importance of calling 911 so the Police can respond However, it does takes a long time to bring forward charges on an illegal business. Callers can remain anonymous. Wyckoff stated that on dune 3 she wouM meet with members of the YMCA for an update on the process of the Roy Croc Community Center. Nawrocki questioned the double bungalow on Reservoir. Fehst stated they would start the concrete work sometime this week. Nawrocki indicated the owner needs to clean the front sidewalk. Fehst stated he was told it wouM be done this week. If it is not, we will do the work and bill the owner. Wyckoff stated that tomorrow night the Economic Development Authority (EDA) will vote on purchase of the Burger King site. Columbia Heights Rental has bought another property, so the City will own all the surroundingproperty but Mady's. Fehst the EDA would meet in Conference Room 1. Wyckoff stated that the meeting would begin 7:00p. m. Nawrocki expressed concern about calling special meetings when Councilmembers are unavailable. He received a phone message that the meeting was called for 8:00 p.m. Meetings should be set after finding a time when all Councilmembers are available. Wyckoff stated this is not a special meeting. As the time is not clear, anticipate a 7:00p. m. start time, unless otherwise notified y, ckoff spoke of the event "Wander the Halls of Our Old High School" that will take place on dune 6 from 12 noon to 6.'OOp. m. to. Demolition will begin in dune. A small group ofpeople will assist in salvaging items such as tables, chairs, and screens. She thanked Fehst and Hoefi for making this tour legally possible. Fehst stated that three architects were contacted regarding salvaging items, but were not interested. This open house will allow residents one last look at their oM high school building. City Council Minutes May 24, 2004 Page 8 of I 1 Wyckoff stated that the High School band ensemble mightperform at the open house. Memorabilia will be on display in the small gym. Report of the City Attorney Hoeft indicated that the public will not be allowed to just wander through the building and remove things without supervision. They would make the request and designated volunteers would remove the item safely. Hoeft indicated that calls to 911for code violations, might not be responded to immediately. Calls are made on a priority basis. CITIZENS FORUM Jerry Foss, 4412 2'~d Street, indicated his desire to see three gyms, a library and a walking track built at the NEI site and support for a referendum on the upcoming election ballot. He thanked the City Council for being fiscally responsible, unlike the School District. Foss requested that the ordinance on charitable gambling be changed from the current $1,000 lease limit to coincide with State law of a $400 to $1, 700 limit. Wyckoff asked for copy of that ordinance. Nawrocki stated that we are within the State's limits and indicated that increasing what you pay the facility decreases what you can contribute to the programs. Gary Magliato, 4141 Reservoir, gave the background on several sewage backups in his home and listed the methods used to lessen the flow, such as pumping 6, 750 gallons of sewage onto his backyard He indicated speaking to Councilmember Nawrocki to have this item on the agenda, as the problem needs to be resolved and is not being addressed Nawrocki indicated that he has never met Mr. Magliato before and Mr. Magliato agreed. Nawrocki referred to the City Manager's previous comment that he was doing this for his friends, which is not true. This is a serious health issue. Fehst questioned if Mr. Magliato had submitted a claim. Magliato indicated that the League of MN Cities responded in 2003, stating that the City had no insurance to pay for his backup. Fehst indicated that is not correct, if the backup is the main line and attributed to improper maintenance, there wouM be insurance coverage. The city does not have no-fault insurance. This is only available with requirements such as an inftltration study, which past city councils have chosen not to do. Nawrocki referred to the placement of the storm sewer system. Fehst stated that an infow and inftltration policy would cause residents with down spouts and incorrectly connected sump pumps to change them and would be expensive to disconnect. The City also needs to increase the regularity of the sewer clean out program to every 3 years. Hansen stated there were many such problems during the June 24-25, 2003 storm event. This particular home is at a low point. Magliato indicated his belief that there are sump pumps, which drain in the sewer. Ericson stated her disagreement that there is resistance to discuss this issue, as this has been one of the biggest issues since she has been on the Council. Among Councilmembers there is a fundamental disagreement regarding addressing individual homes or long term solutions. Some members believe City staff should go into these homes and clean the walls, and some believe that a business should be paid to do this work. This has been discussed this on camera and at work sessions. The question is - do we spend funds on short term clean ups, or long term solutions such as relining pipes and subsidizing backflow valves and creating an ordinance to detect illegal connections. She again stated she does not feel there is resistance to this topic, but until this can be discussed in mature and respectful way some Councilmembers have decided it does not need to be discussed every week on camera. Magliato stated this should be discussed every week until corrected. City Council Minutes May 24, 2004 Page 9 of 11 Fehst stated the solution is to assist residents to disconnect sump pumps and downspouts. Paying for 30 or so backups a year could cost $80,000 to $100, 000 a years. If we implement the proper requirements we could obtain the no-fault insurance coverage. It is our intention to obtain that type of insurance as soon as possible. The program implementation may take a Council commitment of several hundred thousand dollars. Magliato stated he was present to insist that the City keep its sewage out of his basement. He asked how employees couM be sent into the sewers ifa sewer hazard analysis has not been completed Hansen stated that the Met Council completes those tests at the treatment plant. Employee safety is insured through safety equipment. Wyckoff asked ifa backflow valve would help this resident. Hansen stated with the multiple occurrences, yes it would Magliato stated he would be interested. Hansen described the valve and the necessary maintenance. Wyckoff apologized to the resident and stated that we are working on permanent solutions. Nawrocki questioned if Mr. Magliato received the mailing about the availability of backflow valves. Magliato stated he did not. Ericson stated that anyone who has experienced multiple backups should contact the city. Nawroclci referred to his discussion with the City of Bloomington regarding their sewer cleanup policy. Hansen stated he has spoken to them and will receive their written public campaign inflow and infiltration information and sewer backup information. Mayor Wyckoff invited the students present to come forward, state their name, and if they think we need more gym space or a new library. Hyckoff questioned if the heavy rains of the weekend caused any backups. Hansen stated they did not. Hilliams stated that we are working on these problems by making the backup valves available, and working toward an infiltration policy. He asked staff to research if Mr. Magliato 's backup was the same day as the Jackson Pond area backups. Nawrocki referred to the City Manager's comments regarding past Council's accomplishing nothing. He listed numerous improvements to the community. Hyckoff questioned when the Inflow and Infiltration (I&I) policy would be presented to the City Council. Hansen stated that a draft Ordinance would be presented at one of the work sessions in June. Leonard Deering, 4311 Jefferson, asked if there is an ordinance against loud vehicles. Chief Johnson stated there is a State Statute and when officers are not on calls they do this type of traffic work. Deering questioned when the Kmart building would be demolished Hyckoff stated that is a private enterprise and is scheduled for demolition in May. Nawrocki stated that a mobile sales office has been placed on the property. Deering indicated that junk is accumulating on this property. COUNCIL CORNER Nawrocki · Pointed to the City's goals on the Council Chamber wall, which indicate to improve the industrial and commercial tax base. The 30 acres of industrial being considered for redevelopment as residential will only leave 11 acres of industrial property in the City. · The Lions Club does the highway clean up on University from 37th to 53rd, and found dozens of small liquor bottles a block on either side of our liquor store. Concerned about this possible hazard. City Council Minutes May 24, 2004 Page 10 of 11 Something ought to be done. Sullivan Park graffiti was cleaned up, but not the tree branches and leaves. The path needs resealing or repaving. Bicycles should be kept off the path. There needs to be dandelion control. The seeds blow into neighboring yards. Lighting on the CAST theater: Are blinking lights against our Ordinance? · Received a letter from Mr. Weatherly indicating that construction at the Water Work is taking place outside of the allowed times. Requested Mr. Weatherly be sent a response. Hansen indicated this would be discussed at the weekly meeting. Fehst stated that dump trucks are leaving a mess on Stinson Boulevard · At the last work session the City Manager referred to disasters in the City and blamed previous Councils for them, erroneously. Wyckoff asked him to keep to current city business. Listed items that have been improved over the past years, i.e. city hall addition, Murzyn Hall, streets, 40th and Central. Filings for City Council seats open July 6th through July 20th. Seats up for election are: Mayor, and two Councilmember positions. He encouraged people to become involved. · Received US Bank National Association email. Asked that it be researched. Ericson stated these are usually scams that want your information so they can steal it. Councilmembers often received this kind of email because their email address is on the City web site. · Decision Resource survey form does not indicate cost of the proposed projects. Residents must have a ballpark number before answering such questions. Ericson pointed out that one question asks how much would you want to pay. Ericson · Highland Elementary 4th graders cleaned up Kordiak Park (photos were placed on camera) · This Wednesday the Highland Elementary Breakfast of Champions will recognize 3rd, 4th, and 5th Graders with outstanding academic achievements. · Columbia Heights Boys 6th Grade AAU Basketball Team placed third in the State qualifier tournament. They will compete in the State tournament the first weekend in June. Congratulations and good luck. · Currently accepting applications for a Planning and Zoning Commission member. If interested in serving, contact City Hall. With the Memorial Day holiday there will be an increase in the number of people on the roads. Drive carefully. Williams · Add zoning consideration as a work session topic - 40th to 42nd and Central, where there are apartments above the buildings, which are not zoned for this. Wyckoff stated the apartments would be rental and therefore inspected under the Housing Maintenance Code. · Over $2,600 was raised for our community by Jaci and Gary Peterson at the Community Prayer Breakfast. We now have over $10,000 in that fund. · We need to discuss our taxes and where we are headed. Fehst stated this topic will be discussed at the next work session. · People may want auditorium seats or the elevator from the NEI building. Sergeant John Rogers, who writes grants for the Police Department, recently received $186,000 in grant funds for a Reverse 911 system and radios. · Pray for the health, peace and prosperity of our community. Kelzenberg · Read a letter from Jamal Vance, renter of Greg Heinen, who was present several Council meetings ago. She related problems with the owner and asked that she not have to move before her five children City Council Minutes May 24, 2004 Page I1 ofll finish the school year. Fehst stated that she has been put in touch will several agencies that may help her. · Wished his son, Joe, a Happy Birthday today. Wyckoff · Stated that Council meetings are on the second and fourth Mondays of the month, so the next Council meeting would be June 14. · Wednesday, June 2nd, meeting with the Mayor at the Library will have County Commissioner Jim Kordiak as the speaker. · There will be a Library Fm~d Raiser on June 26th, at the Heights Theater. The Pat Proft movie will be shown, he will hold a question and answer period and there will be a silent auction. Tickets are $10 and there are only 400 available. · June 19t~ at 11:00 there will be a Fire Cadet's golf tournament. The Mayor will auction herself as a caddy. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 10:15 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING AND JOINT WORKSESSION MINUTES APRIL 20, 2004 CALL TO ORDER/ROLL CALL President, Murzyn called the meeting to order at 8:29 p.m. EDA Present: Don Murzyn Jr., Patricia Jindra, Julienne Wyckoff, Bobby Williams and Bruce Nawrocki, Tammera Ericson, and Bruce Kelzenberg P & Z Present: Gary Peterson, Marlaine Szurek, Donna Kay Schmitt, and Phil Baker P & Z Absent: Ted Yehle PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Financial Report and Payment of Bills MOTION by Williams, second by Wyckoff, to adopt the consent agenda items as listed. All ayes. Motion Carried. ITEMS FOR CONSIDERATION City Center/Recreation Center Discussion- John Shardlow Streetar stated the purpose of this joint worksession with the Planning & Zoning Commission is to review the set of issues and attempt to reach some la'nd of consensus about the direction the City should pursue. Both the School Board and the City Council have recognized the need for additional gym space and the City of Minneapolis, the YMCA and the Boys and Girls Clubs are also considering construction of a community center on Central Avenue in the range of $20 million dollars. There have been discussions regarding a new City Center inchtding a City Hall, Library and potentially some senior housing, similar to the City Center by Dunbar Development in Waconia. In 1998 the Minnesota Design Team developed the "Town Square" and "Urban Green Concepts ", which included a Community Center and other Civic facilities. The Comprehensive Plan identifies a Community Center as one of the goals also. John Shardlow, DSU is present to open the discussion. Shardlow stated he would document the answers by the commissioners from the enclosed questionnaire. The following summary was provided by John Shardlow of DSU: WORKSHEET The following sections are provided to identify the key questions that need to be answered. The questions include the most basic ones, including whether or not you still want to pursue the development of these facilities. They focus on the options related to the program for these facilities, what they should include and why. They also identify potential partners for the city in these ventures to allow a candid discussion of the pluses and minuses associated with each of these alternatives. Question Number 3. If you believe the City should pursue the development of a recreational facility, discuss the pluses and minuses associated with each of the following options: A. City develops its own facility Economic Development Authority Meeting Minutes April 20, 2004 Page 2 of 9 Pluses: City is in control of the process Start with a basic facility and add to it as possible, in the future The City gets to choose the location that works best for Columbia Heights The City can control the appearance of the. facility City should take responsibility to satisfy its own recreational needs A City facility would unite the community - It would be a community focal point If the City were to take control, it would send a strong message to the Community - It would be a statement about commitment A City owned facility would allow the Recreation Dept. to better provide for what our kids need and want Tournaments that would be held at the facility would bring outsiders to the City and their experience with a quality facility would also send a positive message to the region about Columbia Heights Negatives: It might be harder to sell to the residents and meet community expectations Would it result in higher taxes? The community would be critical of that outcome The facility could be a money loser and will take some stake money If the City goes it alone, there is no opportunity to either share costs, or realize the benefits of joint programs Is the timing fight now? Do we really know the fight location? We have had inadequate citizen input This should have been done a long time ago The on-going operating expenses and maintenance costs could prove to be a burden If we go it alone, we can't share the risks with another entity and may not be able to meet some community needs A pool could add dramatically to costs B. City collaborates with the School District on a ioint facility Pluses: There would be the ability to share costs and risks - both construction and operating This could prove to be the most cost effective provision of services to more people There would be the opportunity for Synergy (the ~vhole being greater then the sum of the parts) There is a successful precedent for cooperation with the school district, which could lead to the assumption that it would work well this time Tax payers would perceive this collaboration as adding value It is a logical collaboration, - both serve same population This could present the opportunity to use their land This approach would be an easier sale to the public A shared use facility would result in greater efficiency of Use - less duplication of services or facilities There would be the opportunity to leverage state money, a 60/40 match for capital investment The School District boundaries extend beyond the City limits, thus broadening the base for funding Negatives: There could be possible arguments about the location and types of facilities to be built There would be a difficult time determining the relative share of costs and there is the potential for on-going conflicts regarding scheduling It would likely hurt the District's pending bond issue, if there were '~wo issues on the ballot We could lose a sense of community ownership, if the facility was located in a school building One group or the other should be in charge The High School is bad location due to parking The school has not served the community well Economic Development Authority Meeting Minutes April 20, 2004 Page 3 of 9 Need to clearly defined use policies on an ongoing basis There is a precedent for failure in past ventures There is a distinct cultural difference between the city and the school board The Schools more possessive about their facilities It would present a challenge to retain Institutional memory regarding responsibilities, fights C. Ci,ty collaborates with the City of Minneapolis~ the YMCA~ and the Boys and Girls clubs on a facility in northeast Minneapolis Pluses: Columbia Heights could make a small contribution and secure access to a great facility We could let them handle the expensive elements This is a way to provide access to big-ticket items - we could provide more amenities for our citizens This would present the opportunity for more creative funding, including private sources With a bigger base the costs could be spread more widely This would result in more programs - and more operational efficiency Contributions could be tax deductible There would be an Opportunity/possibility to draw money from a broader area The City could access greater expertise in facilities and program operations It appears that it is going to happen Negatives: Many of the same negatives associated with collaborating with the schools, the City would lose control, and lose the opportunity to establish a community focal point Historically residents would resist going to Northeast Minneapolis This solution doesn't necessarily solve the current programming needs and problems Citizens would have concerns about safety; whether this was perception or reality I am afraid that Columbia Heights would receive a low pfiofity for programming and use Question Number 4: Is there a preferred site for a recreational facility? If the answer is yes, please share your thoughts about the relative merits of each of the following potential locations: A. The NEI site This is a wonderful site! The City already controls it, it is large and the current facility can't be reused It is currently tax-exempt It is a centralized location within the community The City could control the facilities It is vacant and ready to be developed I don't believe that re-use has not been explored enough This should be a housing site It has too much potential to be just a recreational facility This is a valuable site and could support tax base This is the best site This site presents the opportunity to build a potential town center Economic Development Authority Meeting Minutes April 20, 2004 Page 4 of 9 B. Huset Park No- although maybe just gyms No - because of inconsistency with the approved master plan Yes, because of the positive relationships with other uses We could tear down some of what is there to make room for the facility It would be compatible with Murzyn Hall It could accommodate parking better If we added more industrial land it could work, otherwise it will be too tight It would conflict with the baseball fields This could be an option - but it really hinges on the NEI Site C. The High School Parking is a very real problem (mentioned multiple times) It is centrally located, but it would be more of an effort to get there The community would not perceive that they owned the facility if it was located at the High School There is inadequate space on the site Seniors would be uncomfortable going there If we moved one of the schools to the NEI site, then there would be enough room D. Valley View Elementary School Parking is really bad Where would you put the building? It would have the same negatives as the High School The location is not as good It could displace some of the existing uses E. Other (please be specific) 39~ and Central - but I would rather keep the area commercial Question Number 5. Do you believe that the city should pursue the development of a city center? If the answer is nO, please explain why not. Yes - we should invest in the City Yes, pending a more detailed review of the financials Yes - Yes No - not at this time, we already have enough proposals to improve community There are several things that should take a higher priority Yes - but the timing is critical Yes - timing critical Yes - but both timing and phasing are critical Yes - but phasing is key Not right now because neither the money, nor the community support is there Definitely yes - but with a phased in approach Economic Development Authority Meeting Minutes April 20, 2004 Page 5 of 9 Question Number 6. If you answered yes to the idea of a new city center, what elements do you believe belong in that center? Please record your thoughts about each of the potential elements listed below, as well as any others that you would like the city council to consider. A. Library Yes - there would be great synergy with a gym Yes Yes Yes - but maybe, but not city run Yes Yes - but timing is critical 4-5 years Not at this time Definitely yes - with coffee and plenty of couches Yes Yes Yes B. Police/Fire Depends on the evaluation of all of the issues associated with remarketing the existing facilities They are better served where they are Better served where they are; It represents a better use of space Better served where they are Not at this time It could make sense to locate them in the context of a comprehensive city center campus I like them where they are I am open - but they are pretty well served where they are Should be considered as part of a phased plan It would present the opportunity to redevelop the current site It might be possible in future, but it is adequate for now Wouldn't want to keep just for city hall C. Senior Housing Possible - but not too much Yes Yes Yes Yes (Huset Park) May need to take a good hard look at the demand, given everything built and in the pipeline No, not sure Good idea - would help to pay for it, but concerned about market demand Yes, if fire and police underneath it - but I am not really for it I agree with the concern about the lack of demand It might be too crowded Economic Development Authority Meeting Minutes April 20, 2004 Page 6 of 9 D. Other License bureau Community meeting rooms Art space Theater Coffee - plenty of couches Streetar stated staff would compile the results for the board and present them at a City Council worksession. Approve Contract for Asbestos Abatement of NEI Building. Streetar stated staff sent out a total of J3 bids, received eight back, the low bidder was Southern Environmental at $48,615, which includes removal of friable asbestos, transite panels in Room 417, but does not include roof patching compound. This element of the asbestos abatement will be addressed before demolition. Anoka County indicated the reallocated CDBG grant fimds from the sale of Tyler are available to pay for the asbestos abatement. Depending on the subsequent reuse of the NEI site, a portion of the CDBG funds may have to be repaid and would remain solely for use on other projects in Columbia Heights. Murzyn asked why we delayed this issue until this meeting. Streetar stated the Mayor wanted to explore all other options and per Anoka County we had to have a historical review preformed on the building, which turned out that the building is not historical. Nawrocki stated he was opposed to the motion, as we haven't explored all the options for use of the building, is opposed to building a City Hall or Library, and would like to utilize gym space in the NEI building. Williams agreed with Nawrocl~' and felt it was a little premature, and we should wait for the Town Meeting on Thursday night or until we have a plan. Ericson stated she likes old building structures, but felt the private sector has explored the options of .fixing it up with no results. Murzyn stated the gym floors aren't worth salvaging, it wouldn't be cost effective to save the building and the people in the community deserve a new facility. MOTION by Wyckoff, second by Ericson, to Approve the Asbestos Abatement Contract with Southern MN Environmental for the NEI building at 825 41st Avenue in an amount not to exceed $48,615; pending review and approval by the City Attorney, and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Jindra- Aye, Nawrocki- Nay, Ericson- Aye, Kelzenberg- Aye, Murzyn- Aye, Williams- Nay, Wyckoff- Aye. Motion Carried. Economic Development Authority Meeting Minutes April 20, 2004 Page 7 of 9 Approve Contract for Demolition of NEI Building Streetar stated staff sent out nine bids with four responses. F.M. Frattalone was the lowest bidder at $286,500. Bids include demolition of the building, removal of all non-friable asbestos, removal and preservation of the front archway and balusters, with demolition to begin after July fit. Anoka County indicated the City will receive $284,600 of CDBG grant funds to pay for the demolition, with the remaining $1,900 to come from reallocated CDBG funds from the sale of 4607 Tyler. Depending on the subsequent reuse of the NEI site, a percentage of the CDBG funds may have to be repaid. In that event, the funds would remain solely for use in other projects in Columbia Heights. MOTION by Wyckoff, second by Kelzenberg, to approve the Demolition Contract with F.M. Frattalone for the NEI building at 825 41st Avenue, in an amount not to exceed $286,500 and pending review and approval by the City Attorney; and furthermore to authorize the President and Executive Director to enter into an agreement for the same. Upon Vote: Jindra- Aye, Nawrocki- Nay, Ericson- Aye, Kelzenberg- Aye, Murzyn- Aye, Williams- Nay, Wyckoff- Aye. Motion Carried. Nawrocki asked why we are saving the Baluster's and archways. Wyckoff stated she requested they be saved and possibly reused as they have some architectural history of the City, as it was the original High School. 40th & University Predevelopment Agreement Schumacher stated at the EDA meeting on March 16th Mr. Peterson asked the board if they were interested in a development from the partnership of Williams-Peterson using the same agreement to market the site as the Haugland Company had with the EDA. The board requested Peterson, to prepare a proposal for this meeting. The agreement attempts to formulate a definitive development contract, addresses the purchase price of the property, satisfactory mortgage, equity financing, resolution of zoning, land use and site design issues, economic feasibility and soundness of the development. The EDA also set four parameters of priority to work with: J) upscale development with single or multi-use tenants; 2) no fast food restaurants; 3) no auto related activities; and 4) uses that would provide vitality and needed services along University Avenue. If the Williams- Peterson, Partnership, met the requirements of the Predevelopment Agreement, staff will return to the board with a final development contract for consideration. Williams stated he wozdd not be participating in the discussion as he is in the partnership. Ericson stated she did not agree with putting a larger building on the site without it being pre- leased, as Haugland already tried marketing the site with no interested parties and asked what is it about their proposal that would make the board think it would work. Peterson stated he has pursued a business tenant for the project site, but can't go anyfitrther with them until he has an agreement. He has been in the construction business for 40years, has lived in Columbia Heights for 35 years, has built complexes like this before, has never leased out the units, but his partner; Mr. Williams has and felt it was time to invest in our City. Streetar stated Haugland's consensus was to have 80% leased before a development agreement was signed. Economic Development Authority Meeting Minutes April 20, 2004 Page 8 of 9 Murzyn asked staff, with the 120-day agreement, how long before they have to come back to the board with their status. Streetar stated they would come to City staff within 30 to 60 days with a progress report. Peterson asked how long would it take the City to obtain the MGS building and the street vacated. Ericson stated we don't know at this time. Kelzenberg stated the board shouldn't deny the agreement because one of the partners is a former Mayor and the other owns an automotive business in Columbia Heights. Nawrocki stated the following: we are not ready to develop this site as we cannot vacate the street until we own the MGS property, which he understood the property owner isn't ready to sell and that the City may have to use eminent domain to speed the process up, felt we should have gone out for bids, has heard talk about a nice restaurant placed there but, didn't think it is our decision to make as it's what the marketplace allows. Stated he was disappointed this came to the last meeting, which he could not attend, heard something was passed out at the meeting, which he never received a copy of and didn't really know about this until this meeting. However, he would be supportive of this agreement if some of the issues addressed could be taken into consideration. Ericson stated we did go out for developer bids, prior to signing the agreement with Haugland, and therefore, we shouldn't have to do it again. kVyckoff asked what options they have when the plan comes back to the board. Streetar stated they would have three: 1) accept it; 2) reject it; or 3) accept it with modifications. Schumacher stated V~illiams, would have to sustain from any fitrther discussion, once the agreement was approved by the board. Murzyn requested the City Attorney review the agreement and determine if there were any conflicts of interest that may violate State Statute. Peterson stated he is on the side of the City, excited for the opportunity to work with the City and would hope they would be excited also. MOTION by Kelzenberg, second by Murzyn, to Approve the Predevelopment Agreement with Williams-Peterson Partnership, subject to review and approval by the City Attorney; and furthermore, to authorize the President and Executive Director to enter into an agreement for the san2e. Upon Vote: Murzyn- Aye, Jindra- Aye, Wyckoff~ Aye, Nawrocki- Aye, Ericson- Aye, Kelzenberg- Aye, Williams- abstained. Motion Carried. Set Special Meeting to Discuss the Schafer Richardson Predevelopment Agreement Schumacher stated Schafer-Richardson has prepared a Predevelopment Agreement for lhe EDA 's consideration. Staff is recommending holding a special EDA meeting at 8.'00 pm on Tuesday, April 27tl~ in Conference Room 1 at City Hall to go over the agreement. Economic Development Authority Meeting Minutes April 20, 2004 Page 9 of 9 MOTION by Ericson, second by Williams, to set a Special Meeting of the EDA at 8:00 pm on Tuesday, April 27, 2004 in the City Hall, Conference Room 1, to discuss the Schafer-Richardson Predevelopment Agreement for the Industrial Park Project. All ayes. Motion Carried. ADMINISTRATIVE REPORTS Taco Bell Schumacher stated Border Foods, owner of Taco Bell has been working for the past 2 years on remodeling their building on the corner of 49th and Central along with purchasing the car wash just to the north of their building. They are currently asking the City to help in TIF or eminent domain to purchase the car wash property. The car wash owner is willing to sell, but wants a large amount for the property. What direction would the board like staff to pursue. Williams stated he was against condemnation, but felt the car wash owner was unrealistic about the cost of their building. The consensus of the board was to direct staff not to get involved in the issue of, purchasing the car wash. 4855 University Avenue Schumacher stated the non-conforming single-family home at 4855 University was taken down. ADJOURNMENT President, Murzyn, Jr., adjourned the meeting at 11:15 p.m. Respectfully submitted, Cheryl Bakken Community Development Secretary H:~EDAminutes2004\4-20-2004 ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL WORKSESSION MEETING MINUTES APRIL 27, 2004 CALL TO ORDER/ROLL CALL President, Murzyn called the meeting to order at 8:12 p.m. Present: Don Murzyn Jr.,. Julienne Wyckoff, Bobby Williams and Bruce Nawrocki, Tammera Ericson, and Bruce Kelzenberg Patricia Jindra- arrived at 8:20 pm. PLEDGE OF ALLEGIANCE ITEMS FOR CONSIDERATION COLUMBIA HEIGHTS INDUSTRIAL PARK REDEVELOPMENT Introduction and Opening Remarks Schumacher stated this worksession is to give the board a brief overview of the proposed Industrial Park Project, with no action on this item tonight. Last year Hoisington-Koegler put together two plans for the Industrial Park redevelopment site; one showing the scenario as all housing and the other showing 2/3 housing with the northerly piece proposed for industrial. After the plan was approved, staff made application to the state for a contamination investigation grant, which was approved, we hired ProSource to perform the investigation, document the types of contamination they found, put a plan together and provide it to the MPCA. Staff made application to Metropolitan Council for a $1.3 million dollar grant, which we received to clean up the contamination, and made application for a predevelopment grant for the engineering and infrastructure, which was also approved. All soil and water testing is complete and have installed five deep-water monitoring wells. The funds received to date are to be used for Phase I only. It will be a total of $4.6 million for the entire 30-acre project. S.E.H. has completed a preliminary parkway design, and preliminary surface water management model. Over the past 4 to 5 weeks, Steve Bubul, has been working with staff to put together a Predevelopment Agreement. This agreement sets up guidelines for both the City and the developer as they move for~vard to create a final development contract and will state exactly what the City and developer will be responsible for. The developer would be responsible to build approximately 145 units and approximately 15, 000 square feet in Phase I. Steve Bubul, Kennedy & Graven, stated it is anticipated the City and the EDA would be involved as the City would do the Zoning and Planning documents and the EDA would be responsible for the TIF funding and eminent domain if necessary. Therefore, in the end it will be a three party agreement. HISTORY AND DEVELOPMENT PROPOSAL Brad Schafer, one of the Principals of Schafer-Richardson introduced his partner Kit Richardson, who is the other principal officer and David Frank, project manager. Schafer and Richardson started their company nine years ago, they buy property that someone else hasn't been able to move, they have J2 employees, a subsidiary company which provides management with approximately 60 employees, to date they have done 27projects totaling about 4 million square feet and Valuing in excess of about $J40 million dollars, City Business, NEIOP and Minneapolis Historic Prese~n;ation has given them awards. Their portfolio has 18 buildings, just Economic Development Authority Meeting Minutes April 27, 2004 Special Worksession Page 2 of 3 over 2 million square feet, with current projects totally 92 units. Schafer showed pictures of the 710 Lofts development, which is a 60 unit building just off Washington and 4th, market price range of $!60 to $350,000, the smallest unit as 885 sq. fi., and the upper unit has 16 to 17, 000 sq. ft., averaging $250 to $350 per month for association fees. The 720 Lofts development will be 80 to 85 unit building, with similar architecture as the 710 Lofts, they hope to break ground in September of this year. They acquired the Pillsbury A-Mill Redevelopment site last year and are preserving the oM limestone A-Mill building as it is a national landmark building. The Phoenix Lofts development will be a 150 unit building, $40 million dollar project that they are waiting for City approval on and hope to start the project at the end of the year. Schafer stated their offices are located in the old bank's building in Minneapolis. They are interested in redevelopment in Columbia Heights as: 0 they like to do redevelopment projects; and 2) because they are a major landowner in the development area. Schafer stated their plans show 250 Town houses, 196 Condominiums, 15, 000 square feet of Commercial on Jefferson and 39th, predominately 70-80%for sale units, their goal is 100% owner occupied, single family home land would be 1/20th of the development, the total square footage of these buildings is approximately 900, 000 square feet if it was built as drawing, which includes the garages. They work with ESG Architectural firm. Everything East of 5th is in Phase 1 and everything West of 5th is in Phase IL Theypropose to start with Phase 1 as they are the primary owner of the land. In Phase I! area they are in the process of negotiating to purchase the land are having trouble getting together with the owners of Grief as they aren't locally owned, otherwise negotiations are going quite well. At this time there is a lot of mediation, planning, meetings, public hearings, pre-construction planning, etc. to be done. The total project cost is going to be approximately $90 to $100 million dollars. Murzyn asked as they hire out their construction, do they plan to keep the Commercial part of the project. Schafer stated they could rent, sell or lease it out, but he isn't sure at this time. Wyckoff asked if they are anticipating putting in a community center, pool health club or anything like that and stated she attended a conference recently, where they said a lot of lSt floor retail or business with rental housing units above owning the building is quit common. Schafer stated they would be putting in a pond to accommodate the park area across the street and yes, the live and work in the building is quite popular today. Wyckoff stated St. Anthony is marketing fiber optics and asked if Schafer-Richardson is considering this option in their project. Schafer stated they are not aware of any residents asking for Fiber Optics at this time, but could certainly work with that option, if requested. Streetar stated as they design the projects, they would have focus group meetings to see what will market. Richardson stated they would. Schafer stated they would have multiple product types for review by the City and residents. Resident, Caroline Bardwell asked if there would be enough parking for the housing development so they won't have to use Huset Park. Schafer stated there would be 17 units per acre with two parking spaces per unit. Nawrocki stated 17 units per acre is pretty high density. Economic Development Authority Meeting Minutes April 27, 2004 Special Worksession Page 3 of 3 Streetar stated Nedegaard 's project on Central will be 18 units per acre with 2 garage stalls per unit, and that he has had 80people call with interest in the homes. Nawrocki asked if they would be willing to put covenants in the agreement so that it would be all owner occupied. Schafer stated he didn't think that he could. Williams stated the board should look at what we have on the site now and what we could have there and also asked what our next step is. Streetar stated the board would review the predevelopment contract. Nawrocki stated we should think about the loss of Industrial land, which would be a loss of jobs in the City. Streetar stated that Dale Glowa from United Properties stated when the industrial park market comes back, Columbia Heights would be fifih on the list, would take all of the risk, and that there would not be enough TIF funding to pay for it. The developer isn't going to spend $100 million if the City isn't ready to work with them to develop the area. Bubul stated it is important to get substantial grants to pay for costs of the project as you go forward. Now is the time to start looking into some of the issues in the Preliminary Agreement. SET NEXT MEETING TO REVIEW PRELIMINARY DEVELOPMENT AGREEMENT Murzyn thanked Schafer-Richardson for their presentation. Nawrocki stated he is opposed to a meeting without bringing this to the public first. Wyckoff stated she would bring the idea to the next Huset Park meeting and the 1st Wednesday of the month meeting with the Mayor. Fehst suggested we get the Rising to New Heights group involved also. Murzyn suggested putting this item on the May 18th regular EDA meeting. Schumacher stated he felt it necessary that Bubul be in attendance and can't be there on the 18th. Ericson suggested we hold a Special EDA meeting on May lOth at 7pm in Council Chambers, televised for residents and move the City Council meeting to start immediately after the EDA. Murzyn directed staff to make the arrangements for the special meeting as suggested by Ericson. ADJOURNMENT President, Murzyn, Jr., adjourned the meeting at 9:34 p.m. Respectfully submitted, Cheryl I3akken Community Development Secretary H:kEDAminutes2004kApril 27, 2004 Spec. Worksession ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES MONDAY, MAY 10, 2004 CALL TO ORDER/ROLL CALL President, Murzyn called the meeting to order at 7:00 p.m. Present: Don Murzyn Jr., Pathcia Jindra, Julielme Wyckoff, Bobby Willimns mid Bruce Nawrocki, Tmnmera Ericson, mhd Bruce Kelzenberg PLEDGE OF ALLEGIANCE ITEMS FOR CONSIDERATION APPROVE PREDEVELOPMENT AGREEMENT WITH SCHAFER-RICHARDSON Schumacher stated the purpose of this meeting is to cliscuss entering into a Preliminary Agreement with Schafer-Richardson, a developer that owns 90percent of the property in the Industrial Park Redevelopment site. The agreement will assure the developer the City and EDA will not negotiate with other parties for the redevelopment site for a period of J80 days, as listed in the Preliminary Agreement. In addition, it also outlines the general terms, major issues, and obligations of the parties while negotiations for a final contract are talcingplace. In the last year and a half the City has received over $1.5 million dollars in grants for the project site to investigate and clean up hazardous waste. Steve Bubul, Kennedy and Graven will go through a summary of the Preliminary Development Agreement and answer any questions the board may have. Steve Bubul stated the agreement has four major purposes: 0 describes the general terms &at will be used in the negotiation of a definitive contract; 2) describes the obligations of the parties, while negotiations are underway; 3) provides security for the City and EDA, by stating the developer will pay for costs incurred by the authority; and 4) provides security for the developer, by stating the City and EDA will not negotiate with any other party regarding development of this property for the term of the Preliminary Development Agreement. The City and EDA will be responsible for initiating Comprehensive Plan amendments, rezoning, accepting the preliminary site plan as framework for the redevelopment site after the execution of a contract, will use eminent domain to acquire property if necessary, but only after exhausting all reasonable efforts, provide TIF assistance on a pay-as-you-go basis, start the process to create a redevelopment TIF district, investigate other financial options to help finance public infrastructure and hold any public meetings or hearings deemed necessary. The Developer will be responsible to accept the preliminary site plan as conceptual framework, exhaust all efforts to acquire all property, submit a detailed project schedule with updated site plan and financial proforma, cooperate with the City and EDA in all activities related to land use, TIF and public meetings. The costs are identified as the developer paying for all out-of-pocket costs incurred by the City or EDA since December 1, 2003. The developer will provide a $25,000 deposit and will remain Economic Development Authority Special Meeting Minutes May 10, 2004 Page 2 of 4 obligated to pay costs in excess of that up to $100,000. The City and EDA will provide a budget of expected costs by June 1, 2004. The term of the agreement will be effective for a period of 180 days, can be extended by the City Manager for up to 90 days, any extension after that would require the EDA and City Council approval, and all parties will use their best efforts to enter into a final contract by August 31st, 2004. Nawrocki stated on previous maps of the In&tstrial area there were industrial sites shown along University Avenue and the maps in this packet are different. Schumacher stated back in June of 2003 the EDA and City Council approved the concept as shown. Nawrocki stated: 1) we need Industrial buildings to provide jobs; 2) is concerned with the ability of the area to absorb that amount of housing; 3) didn't feel the City Manager should be the only one that would be responsible to extend the agreement, it should be the EDA and City Council; 4) the City won't see the TIF funds for many years, just like the development on the Kmart site; 5) asked what the total cost is the City has already spent on the project; 6) was concerned that no meetings have been held with the public; 7) the agreement states the EDA will do the financing and asked where the fimds would come fi'om; and 8) is opposed to making a commitment before we have rezoned the property. Bubul stated the City has spent under $1 O, 000 to date, due to grant fitnding and that the EDA will use grants, TIF and developer reimbursement funding to finance the project. Nawrocki asked if the board decided not to go forth, would the agreement end. Bubul stated it would. Murzyn, Jr. asked Streetar what would be the best guess on how long before TIF funding would come into the City. Streetar stated l to 5 years. Williams stated the State and Met Council is behind us on this project. This is a slow start to the long process for the development. It is important to work with developers, and stated he was anxious to take the first step in the process. Ericson agreed with Williams and stated it has been a priority of the City to clean up this area long before she ever was on the board. The Preliminary Development Agreement meets all of our expectations, as it is the first step. The goal is to work together quickly to come up with the best possible product. Motion by Ericson, second by Kelzenberg, to Approve the Preliminary Development Agreement between the Columbia Heights Economic Development Authority and Schafer-Richardson, the developer of the Industrial Park Redevelopment Project; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Economic Development Authority Special Meeting Minutes May 10, 2004 Page 3 of 4 Wyckoff stated this is a very preliminary agreement, is very excited about moving forward and talcing the first step, we will be having public hearings as stated on page 5 of the agreement, reminded tire board that after 180 days they would have the option to accept, reject or accept tire plans with changes. Fehst stated one of the reasons we are having this special meeting publicized is to convey to tire general public this Community Development project, which will generate somewhere in the neighborhood of $90 to $100 million dollars in market values in tire City. All of the members of tire community need to be aware of this project and will have tire opportunity to express their concerns. doanne Student, 1615 49th Avenue, stated her father always said, "tiRe biggest spacer for development is between your ears ", and thinks that is still very true. SIRe was very grateful for the time and energy tire board has spent to develop an area that she has looked at for over 40 years and was ashamed of. It takes a lot of courage and leadership to do this. With this effort you are really malcing a statement to do what is right for the community. SIRe had tire opportunity to listen to a number of presentations from developers regarding tire use any of the property for industrial, with all of them suggesting it was a bad idea as we don't have tire space, connections, transportation opportunities and tire railroad. Student stated she personally felt this is a wonderful opportunity for the City, has heard the track record of the developer is impressive, as well as the one on Central Avenue and can see people standing in line to live in this community. SIRe has been here long enough to listen to a number of proposals for that property, all of which were legitimate, all of which got sandbagged because people took criticism personally rather than seriously. She hoped that tire developer that has spent time, money and energy in good faith, doesn't get discouraged. This project really has merit. Gary Peterson, 3712 Lincoln Street, stated he has been around Columbia Heights for many years and felt this is one of the most exciting projects to come to the City. He was apart of the committee that developed tire City Council's Goals a few years ago. Back in 1998 there was an opportunity to redevelop this site, but because of the uproar in the community the board backed down from tire development. We need to move ahead with this agreement. Mickey Rooney, 4304 Reservoir Blvd., stated he has been in tire area for 40years, and was excited about this development. People who live in Andover, Forest Lake, or St. Michael would really appreciate living a little closer to Minneapolis. He is very excited about tire project. Amended Motion by Nawrocki, to amend Section 7, Term of Agreement to read: with approval by the EDA and City Council not with just the City Manager. Motion failed for a lack of a second. Schumacher stated there would be Public Hearings and public informational meetings with tire developer. Upon Vote of the original motion: Jindra-Aye, Nawrocki- Nay, Kelzenberg- Aye, Williams- Aye, Wyckoff- Aye, Ericson- Aye, Murzyn, Jr.- Aye. Motion Carried. Econom/c Development Authority Special Meeting Minutes May 1~0, 2004 Page 4 of 4 ADJOURNMENT Motion by Williams, second by Nawrocld, to adjourn the meeting at 7:46 p.m. Respectfully submitted, Cheryl Bakken Co~mrmnity Development Secretary H :kEDAminutes2004\5-10-2004 Spec. THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, MAY 20, 2004 AO The meeting was called to order at 7:05 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Co~mnission Members: Dennis Stroik, Reuben Ruen, Dan Swee, and Bob Buboltz. Excused Members: Ken Henke, Dave Mahoney, and Brad Peterson Cotmcil Representative: Bruce Nawrocki City Representatives: Linda Magee and Jean Kuehn Legal Counsel: Steve Guzzetta Comcast Representative: Katlfi Donnelly-Cohen APPROVAL OF MINUTES Motion by Dan Swee, second by Bob Buboltz, to approve the minutes from the meeting of February 19, 2004. All ayes. OLD BUSINESS A. Chmmel Check The scrolling TV Guide was jittery on Channels 16 & 18. Kathi stated that a time base corrector is needed and will see that it is done. B. Correspondence Log and Follow Up on Complaints Kathi Donnelly-Cohen reviewed the history of the following complaint received from Mr. Cleasby. He was very upset that Comcast was not broadcasting the Twins Games. He has contacted everyone he can to voice his displeasure. This is no longer an issue as the gmr~es are now being broadcast on Fox. Kathi also responded to another complaint received regarding the need to change out the old style converter boxes. Letters were sent to those still using these old boxes. One of the recipients was confused about whether she had to also subscribe to digital service if the box is changed out. And no costs were included in the letter. Kathi will see that she is contacted and everything explained to her. C. Other Old Business There was no other old business. TELECOMMUNICATIONS COMMISSION MINUTES PAGE 2 MAY 20, 2004 NEW BUSINESS A. Addition of NBA TV Service Beghming April 1, 2004, Comcast added NBA TV to its digital line up. It will be included as part of the Digital Extra package and subscribers will be notified with their monthly statements. In addition, by year end, Comcast will provide customers with access to NBA video-on-demand progrmmning as part of its On Demand service. This will include highlight packages as well as popular progrmris such as NBA Inside Stuff. B. Franchise Renewal Enclosed in the agenda packets was a copy of the Resolution conceruing the connnencement of fonnal renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. Our franchise is scheduled to expire on November 9, 2006 and we received a letter dated February 3, 2004, from Comcast preserving their right to invoke the formal renewal procedure as required. This Resolution, once passed by City Council, will start the process of negotiating the franchise renewal. It is hoped that this process can be accomplished through an informal negotiation process. There was a difference of opinion between Kathi Donnelly-Cohen and our legal counsel, Steve Guzzetta about whether this Resolution would constitute the begimfing of a "Formal Process" and thus, initiate certain timelines and steps that would need to be met. Guzzetta said this Resolution was just the City's response to begin the process and to preserve the City's rights to a formal renewal procedure, if need be. He said there are no time lines for the informal process, and it basically is a time to negotiate an agreement. If it is decided to pursue an agreement through the "formal process", hearings would be held, and a request for a proposal would be made. Regardless, whether we go through the infonrial process or fonr~al process, cmmmmity needs and interest would be ascertained, along with assessing compliance of the current franch_ise. Bruce Nawrocki asked that some clarification be given to the Council members at the time this is taken to the Council for a vote. He wants it clear to both. parties whether this is invoking the "Fon2al Process" or just a response saying we are commencing renewal and are open to pursuing a franchise through informal negotiations. Motion by Bob Buboltz, seconded by Dennis Stroik to recommend the City Council approve the Resolution concerning the commencement of formal renewal proceedings under the Federal Cable Communications Policy Act of 1984, as amended. All ayes. Motion Passed. C. FCC Fee Increase Enclosed in the agenda packets was official notice that the per-customer fee assessed by the FCC will increase from $.05 to $.06 per month and as directed by the FCC, customers will receive a bill message 30 days prior to that change. TELECOMMUNICATIONS COMMISSION MINUTES PAGE 3 MAY 20, 2004 D. Annual Report Enclosed in the agenda packets was the 2003 Almual Report along with the Independent Auditor's Report regarding the schedule of gross receipts. Linda stated she also had a copy of the Comcast Corporation's Annual Report if anyone wished to review it. Motion by Reuben, seconded by Bob, to accept the Annual Report. All ayes. E. Pricing Adjustments effective June 2004 Official notice was received regarding price adjustments effective June 2004 for those subscribers of Basic 1 only who have converter boxes. The price of this service level and equipment will decrease from $2.00 to $1.30 effective with the June billing. F. Franchise Fees for 1st Quarter 2004 Franclfise Fees in the mnount of $33,742.86 were received April 20, 2004, for the first quarter. G. CableCare/Cable Guard Starting in May a limited nmnber of customers will be notified that the price of their old CableCm'e service will no longer be grandfathered in at $1.95 and will increase to $2.95. H. MACTA Newsletter A copy of the MACTA Newsletter was enclosed in the agenda packets for the members to review. Members reported they do receive this either by mail or e-mail so there is no need to include in future packets. I. Other New Business Bruce Nawa'ocki reported on the MACTA Luncheon he attended May 20th. He informed the members that the Clean Up Bill (Chapter 238) was passed which will clean up the old language and create a chapter that will be more pertinent for future technology. Bruce had a copy of the bill if anyone wants to review it. Steve Guzzetta also informed the members that there was some discussion regarding Voice Over the Internet Protocol and how telephone service over cable service could be affected. If it is considered an information service and not a telecommtmication service, is will not be regulated. And there are some drawbacks to this type of service. 911 loses the ability to trace emergency calls. It also could result in a loss of revenue. The capabilities of security and wiretapping may be prohibited. And Universal Service for no fees would be in jeopardy. TELECOMMUNICATIONS COMMISSION MINUTES PAGE 4 MAY 20, 2004 REPORTS mo Do Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report Report of Comcast- The reports for February-March 2004 were reviewed. Comcast now has customer service representatives on staffwho can help customers who speak other languages. Report of the Cable Attorney Guzzetta briefly updated members on other various bills that were proposed relating to the Cable Industry. He explained some of the lobbying that went on during the session. Report of the Assistant to the City Manager Nothing further to report. Motion by Reuben Ruen, seconded by Bob Buboltz, to adjourn &e meeting at 7:50pm. All ayes. Respectfully submitted, Shelley Hanson Secretary COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: June i4, 2004 AGENDA SECTION: ~~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROV}kL ITEM: Establish Work Session Meeting BY: WaltFehst BY:/~//~/~ Date for Monday, June 21, 2004 NO: DATE: June 9, 2004 DATE: It is recommended that a Work Session meeting be scheduled for Monday, June 21, 2004 beginning at 7:00 p.m. in Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish a Work Session meeting date for Monday, June 21, 2004 beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 14, 2004 AGENDA SECTION: CONSENT ~ ~ ~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~, #~ C I TY MANAGER'S ~L~--- ////~AP PROVAL ~ ITEM: 2004-2005 AFSCME L~OR AGREEMENT BY: LINDA L. ~GE~/Q~ %, ~ ~:T~~~~ NO: DATE: 5-28-04 ~f~ ~' : The current labor agreement between the city and the American Federation of State, County, and Municipal Employees, representing clerical and technical employees, terminated on December 31, 2003. Negotiations between the City's negotiation spokesperson and AFSCME resulted in a mutually acceptable labor agreement for calendar years 2004 and 2005. The proposed changes are as follows: Wages: 2.0% adjustment over 2003 wages, effective July 1, 2004 2.0% adjustment over 2004 wages, effective January 1, 2005 Insurance: 2004: $535 per month (2003=$535 per month) 2005: $555 per month Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $350 per full-time employee for 2004 and $350 per full-time employee for 2005(2003=$350). For part-time employees working 1,560 hours or more per year, employer shall pay on a dollar for dollar matching basis up to $265 per employee for 2004, and up to $265 per employee for 2005 (2003=$265). Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2004 and 2005. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-~&, being a resolution regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 2004- December 31, 2005. COUNCIL ACTION: RESOLUTION 2004-26 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 14, Local No. 495, representing clerical and technical employees of the City, and the City' s negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2004 and 2005. WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2004 and 2005 for AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ,2004. Offered by: Seconded by: Roll Call: Julielme Wyckoff, Mayor Carole J. Blowers, Secretary Pro Tern May 12, 2004 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES ARTICLE XVII. INSURANCE 17.1 17.2 17.3 17.4 The EMPLOYER will contribute up to a maximum of five hundred thirty-five dollars ($535.00) per month per (permanent and probationary full-time) employee for calendar year 2004, and up to a maximum of five hundred fifty-five dollars ($555.00) per month per (permanent and probationary full-time) employee for calendar year 2005 for employee life insurance, group health insurance (including dependent coverage), and long-term disability insurance. Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, long term disability, and group dental insurance. Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed under the EMPLOYER'S group policy. By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee health, life and long term disability insurance dollars in Article 17.1 for dental insurance for all unit employees. o ARTICLE XXV. WAGES See Appendix A and B. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward a City-sponsored deferred compensation program for every $1 contributed toward such City-sponsored deferred compensation program. Such contribution will not exceed $350 for calendar year 2004 and $350 for calendar year 2005. As a form of additional compensation, the City will contribute $1 per pemaanent and probationary part- time employee, who is regularly scheduled to work 1,560 hours or more per year, for every $1 contributed by such employee, toward a City-sponsored deferred compensation program. Such contribution will not exceed $265 for calendar year 2004 and $265 for calendar year 2005. ARTICLE XXVI. DURATION This AGREEMENT shall be effective as of January 1, 2004, unless otherwise noted, and shall remain in force and effect until December 31, 2005. APPENDIX A - 2004 WAGE SCHEDULE Adjustments shall be effective July 1, 2004. No retroactive wage payments will be made to any employee terminating employment during calendar year 2004 prior to council ratification of a 2004 wage schedule. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. .Title Engineering Tech IV Engineering Tech Iii Assistant Building Inspector Engineering Tech II Secretary II-Police Secretary II-A, Public Works Accounts Payable Clerk Head Custodian Secretary II-Permits/Licenses Accounting Clerk II-Assessing Secretary II-A, Police Secretary II- Finance Secretary II-Community Development Accounting Clerk II-Liquor Accounting Clerk II-Utilities Clerk-Typist II-Recreation Secretary Ii-Fire Clerk-Typist II-Library Accounting Clerk I-Utilities Community Service Officer Recreation Program Coordinator Accounting Clerk I-Liquor Switchboard OperatodRecept. Clerk-Typist II-Library (Children's) Clerk-Typist Il-Administration Clerk-Typist Il-Fire Clerk-Typist II-Police Library Clerk Recreation Clerk Meter Reader Custodian II Retail Clerk- Stock Retail Clerk-Cashier Custodian I Entry 6 months 1 year 2 years 3 years 4 years $20.84 $21.88 $22.92 $23.97 $25.01 $26.05 $18.17 $19.08 $19.98 $20.89 $21.80 $22.71 $15.06 $15.81 $16.56 $17.31 $18.07 $18.82 $15.02 $15.78 $16.53 $17.28 $18.03 $18.78 $14.85 $15.59 $16.33 $17.08 $17.82 $18.56 $14.43 $15.15 $15.88 $16.60 $17.32 $18.04 $14.15 $14.86 $15.57 $16.27 $16.98 $17.69 $13.97 $14.67 $15.36 $16.06 $16.76 $17.46 $13.79 $14.48 $15.17 $15.86 $16.55 $17.24 $13.38 $14.04 $14.71 $15.38 $16.05 $16.72 $13.19 $13.85 $14.51 $15.17 $15.83 $16.49 $12.76 $13.40 $14.04 $14.67 $15.31 $15.95 $9.87 $10.37 $10.86 $11.35 $11.85 $12.34 $9.74 $10.22 $10.71 $11.20 $11.68 $12.17 APPENDIX B - 2005 WAGE SCHEDULE Adjustments shall be effective January 1, 2005. Movement through the wage schedule is contingent upon satisfactory performance as adjudged by the EMPLOYER. Title Engineering Tech IV Engineering Tech II Assistant Building Inspector Engineering Tech 11 Secretary II-Police Secretary II-A, Public Works Accounts Payable Clerk Head Custodian Secretary II-Permits/Licenses Accounting Clerk Il-Assessing Secretary II-A, Police Secretary II- Finance Secretary II-Community Development Accounting Clerk II-Liquor Accounting Clerk II-Utilities Clerk-Typist II-Recreation Secretary II-Fire Clerk-Typist II-Library (Adult) Accounting Clerk I-Utilities Community Service Officer Recreation Program Coordinator Accounting Clerk I-Liquor Switchboard Operator/Recept. Clerk-Typist II-Library (Children's) Clerk-Typist Il-Administration Clerk-Typist Il-Fire Clerk-Typist II-Police Library Clerk Recreation Clerk Meter Reader Custodian II Retail Clerk- Stock Retail Clerk-Cashier Custodian I Entry 6 months 1 year 2 years 3 years 4 years $21.26 $22.32 $23.38 $24.44 $25.51 $26.57 $18.53 $19.45 $20.38 $21.31 $22.23 $23.16 $15.36 $16.13 $16.90 $17.66 $18.43 $19.20 $15.33 $16.09 $16.86 $17.63 $18.39 $19.16 $15.14 $15.90 $16.66 $17.42 $18.17 $18.93 $14.72 $15.46 $16.19 $16.93 $17.66 $18.40 $14.43 $15.15 $15.88 $16.60 $17.32 $18.04 $14.25 $14.96 $15.67 $16.39 $17.10 $17.81 $14.06 $14.77 $15.47 $16.17 $16.88 $17.58 $13.64 $14.32 $15.00 $15.69 $16.37 $17.05 $13.46 $14.13 $14.80 $15.47 $16.15 $16.82 $13.02 $13.67 $14.32 $14.97 $15.62 $16.27 $10.07 $10.58 $11.08 $11.58 $12.09 $12.59 $9.93 $10.42 $10.92 $11.42 $11.91 $12.41 CITY COUNCIL LETTER Meeting of: June 14, 2004 AGENDA SECTION: CONSENT ~W ~ ~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO:~~ ~/~ CITY MANAGER ' S APPROVAL ITEM: 2004-2005 TEAMSTERS LABOR AGREEMENT- BY: L INDA m. MAG~ B Y:~~~~~ SERGEANTS DATE: 6-10- DATE: NO: The current labor agreement between the City and the Teamsters, Local 320, representing Police Sergeants, terminated on December 31, 2003. Negotiations between the City's negotiation spokesperson and the Teamsters resulted in the union filing for mediation. Mediation was held on May 20, 2004, and r~sulted in a mutually acceptable labor agreement for calendar years 2004 and 2005. The proposed changes are as follows: Wages: 2004: 2005: 2.0% adjustment over 2003 wages, effective July 1, 2004 2.0% adjustment over 2004 wages, effective January 1, 2005 Insurance: 2004: $535 per month (2003 = $535 per month) 2005: $555 per month Deferred Compensation: Employer shall contribute $1 for every $1 contributed by the employee; $400 per full-time employee for 2004; and $400 per full-time employee for 2005. (2003=$400). Shift Holdovers and Callouts Employee to receive compensatory time for every hour Employer requires Employee to extend his/her shift. (Currently: Takes effect after extending shift 10 hours in a calendar quarter). Places in contract how callouts are currently treated. Overtime Article deleted--no longer eligible to fill regular patrol shifts or special duty detail outside of the department. Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2004 and 2005. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-3~% regarding the Labor Agreement between the City of Columbia Heights and the Teamsters, Local 320--Police Sergeants, effective January 1, 2004 - December 31, 2005. COUNCIL ACTION: RESOLUTION 2004-32 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE SERGEANTS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Sergeants of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 2004 and 2005, WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2004 and 2005 for Teamsters, Local 320-Police Sergeants, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ., 2004. Offered by: Seconded by: Roll Call: Mayor Juliem~e Wyckoff Carole J. Blowers, Secretary Pro Tern PROPOSED SETTLEMENT RESULTING FROM MEDIATION OF MAY 20, 2004 CITY OF COLUMBIA HEIGHTS TEAMSTERS, LOCAL 320 (POLICE SERGEANTS) ARTICLE II RECOGNITION The EMPLOYER recognizes the Union as the exclusive representative under Minnesota Statutes, Chapter 179A, for police personnel in the following job classifications: Police Sergeants ARTICLE XI INSURANCE 11.1 The EMPLOYER will contribute up to a maximum of five hundred thirty-five dollars ($535) per month per employee for calendar year 2004 for group health, including dependent coverage, life, and long-tenu disability insurance. 11.2 The EMPLOYER will contribute up to a maximum of five hunch'ed and fifty-five dollars ($555) per month per employee for calendar year 2005 for group health, including dependent coverage, life, and long-term disability insurance. 11.3 Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health, group life, and group dental insurance. 11.4 Additional life insurance can be purchased by employees at the employee's expense to the extent allowed under the EMPLOYER'S group policy. 11.5 By mutual agreement, employees may use up to the amount of the premium for individual dental insurance coverage of the per month per employee of health, life, and long-term disability insurance dollars in Articles 11.1 and 11.2. ARTICLE XIX WAGE RATES 19.1 Effective July 1, 2004: Entry: $5,001 After 1 year: $5,166 After 2 years: $5,331 After 3 years: $5,496 19.2 Effective January 1, 2005: Entry: $5,101 After 1 year: $5,270 After 2 years: $5,438 After 3 years: $5,606 19.3 As a form of additional compensation, the City will contribute $1 per full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $400 for calendar year 2004 and $400 for calendar year 2005. 4o Se 0 ARTICLE XX SmFT HOLD OVERS AND CALLOUTS 20.1 For every hour that the EMPLOYER requires an EMPLOYEE to extend his/her shift, the EMPLOYER shall credit such employee with one-and-one-half hours of compensatory time. 20.2 In the event an EMPLOYEE is called in to work a shift other than his/her regularly scheduled shift, the EMPLOYER shall credit such EMPLOYEE with one-and-one-half hours of compensatory time for each hour worked. Changes of shifts do not qualify an EMPLOYEE for compensatory time under this article. ARTICLE XXI Delete in its entirety. OVERTIME ARTICLE XXIII DURATION This Agreement shall be effective as of January 1, 2004, except as otherwise noted, and shall remain in full force and effect until the thirty-first day of December, 2005. CITY COUNCIL LETTER Meeting of: June 14, 2004 ITEM: ADOPTING 2004 2005 SAL- ARY & FRINGE BY: LINDA L. BENEFIT ADJUSTMENT FOR NON-UNION DATE: 6-3-04 j~/~ DATE: SUPERVISORY EMPLOYEES NO: Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union supervisory employees. The proposed changes are as follows: Wages: 2004: 2005: 2.0% adjustment over 2003, effective July 1, 2004 2.0% adjustment over 2004, effective January !, 2005 Insurance: 2004: $535 per month (2003 = $535 per month) 2005: $555 per month Deferred Compensation: As a form of additional compensation, the City will contribute $1 per full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $300 for calendar year 2004 and $300 for calendar year 2005. (2003= $300) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-'~, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar years 2004 and 2005. COUNCIL ACTION: RESOLUTION 2004- 30 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISttlNG SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES iN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an mmual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth hnplementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the office of the City Manager and is attached for calendar years 2004 and 2005; and BE IT FURTHER RESOLVED that movement tln'ough the salary range is conthagent upon satisfactory performance of the employee. Passed this __ day of ., 2004. Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Carole J. Blowers, Secretary Pro Tem STORE SUPERVISOR ASSISTANT LIQUOR OPERATIONS MANAGER ACCOUNTING COORDINATOR IS TECHNICIAN SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASST-PUB WORKS CHILDREN'S LIBRARIAN ADULT SERVICE SPECIALIST POLICE SUPPORT SERVICES SUPER. PLANNER SENIOR CITIZENS COORDINATOR ACCOUNTANT VEHICLE MAINTENANCE SUPERVISOR BUILDING OFFICIAL COMMUNITY DEVELOPMENT ASST. ASSISTANT FINANCE DIRECTOR PUBLIC WORKS SUPERINTENDENT IS DIRECTOR ASSISTANT CITY ENGINEER RECREATION DIRECTOR LIQUOR OPERATIONS MANAGER SCHEDULE A 2004 MONTHLY SALARY SCHEDULE EFFECTIVE JULY 1, 2004 Entry 6 Months 1 Year 2 Years 3 Years $2,590 $2,678 $2,766 $2,855 $2,943 $3,159 $3,267 $3,375 $3,482 $3,590 $3,237 $3,347 $3,457 $3,568 $3,678 $3,340 $3,454 $3,568 $3,682 $3,796 $3,449 $3,566 $3,684 $3,801 $3,919 $4,024 $4,161 $4,299 $4,436 $4,573 $4,088 $4,228 $4,367 $4,507 $4,646 $4,270 $4,415 $4,561 $4,706 $4,852 $4,605 $4,762 $4,919 $5,076 $5,233 $4,746 $4,908 $5,069 $5,231 $5,393 $4,834 $4,999 $5,163 $5,328 $5,493 $4,909 $5,076 $5,243 $5,411 $5,578 $4,983 $5,152 $5,322 $5,492 $5,662 $5,635 $5,827 $6,019 $6,211 $6,403 STORE SUPERVISOR ASSISTANT LIQUOR OPERATIONS MANAGER ACCOUNTING COORDINATOR IS TECHNICIAN SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASST-PUB WORKS CHILDREN'S LIBRARIAN ADULT SERVICE SPECIALIST POLICE SUPPORT SERVICES SUPER. PLANNER SENIOR CITIZENS COORDINATOR ACCOUNTANT VEHICLE MAINTENANCE SUPERVISOR BUILDING OFFICIAL COMMUNITY DEVELOPMENT ASST. ASSISTANT FINANCE DIRECTOR PUBLIC WORKS SUPERINTENDENT IS DIRECTOR ASSISTANT CITY ENGINEER RECREATION DIRECTOR LIQUOR OPERATIONS MANAGER SCHEDULE A 2005 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 2005 Entw. 6 Months 1 Year 2 Years 3 Years $2,642 $2,732 $2,822 $2,912 $3,002 $3,223 $3,332 $3,442 $3,552 $3,662 $3,302 $3,414 $3,527 $3,639 $3,752 $3,407 $3,524 $3,640 $3,756 $3,872 $3,517 $3,637 $3,757 $3,877 $3,997 $4,104 $4,244 $4,384 $4,524 $4,664 $4,170 $4,312 $4,455 $4,597 $4,739 $4,355 $4,504 $4,652 $4,801 $4,949 $4,697 $4,858 $5,018 $5,178 $5,338 $4,841 $5,006 $5,171 $5,336 $5,501 $4,931 $5,099 $5,267 $5,435 $5,603 $5,007 $5,178 $5,349 $5,519 $5,690 $5,082 $5,255 $5,429 $5,602 $5,775 $5,747 $5,943 $6,139 $6,335 $6,531 SCHEDULE A INSURANCE The EMPLOYER will contribute up to a maximum of five hundred and thirty-five dollars ($535) per month per employee for calendar year 2004 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $535 per month, the difference may be used toward any other City- provided insurance benefit and/or a City sponsored deferred compensation program. The EMPLOYER will contribute up to a maximum of five hundred and fifty-five dollars ($555) per month per employee for calendar year 2005 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $555 per month, the difference may be used toward any other City- provided insurance benefit and/or a City-sponsored deferred compensation program. DEFERRED COMPENSATION As a form of additional compensation, the City will contribute $1 per full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $300 for calendar year 2004 and $300 for calendar year 2005. CITY COUNCIL LETTER Meeting of: June 14, 2004 NO:~"~F/I# CITY MANAGER'S APPROVAL  DATE- ~ r BENEFIT ADJUSTMENT FOR NON-UNION DATE: 6-3- ! ' ESSENTIAL AND CONFIDENTIAL EMPLOYEES / NO: Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union essential and confidential employees. The proposed changes are as follows: Wages: 2004: 2005: 2.0% adjustment over 2003, effective July 1, 2004 2.0% adjustment over 2004, effective January 1, 2005 Insurance: 2004: $535 per month (2003 = $535 per month) 2005: $555 per month Deferred Compensation: As a form of additional compensation, the City will contribute $1 per full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $500 for calendar year 2004 and $500 for calendar year 2005. (2003= $500) RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-~/, adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 2004 and 2005. COUNCIL ACTION: RESOLUTION 2004- 31. ADOPTING CHANGES IN NON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an mmual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights mmually reviews the Employer's share for various insurance programs for its non-tmionized essential and confidential employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the office of the City Manager and attached for calendar years 2004 and 2005; and BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this __ day of ,2004. Offered by: Seconded by: Roll Call: Julienne Wyckoff, Mayor Carole J. Blowers, Secretary Pro Tem Payroll/Accounting Clerk Administrative Secretary Deputy City Clerk/Council Secretary Assistant Fire Chief Police Captain Assistant to the City Manager/ Human Resources Director SCHEDULE B 2004 MONTHLY SALARY SCHEDULE Effective July 1, 2004 Entry 6 Months 1 Year $2,982 $3,084 $3,186 $3,135 $3,241 $3,348 $3,135 $3,241 $3,348 $4,909 $5,076 $5,243 $5,266 $5,445 $5,625 $5,433 $5,618 $5,804 2 Years $3,287 $3,455 $3,455 $5,411 $5,8O4 $5,989 3 Years $3,389 $3,562 $3,562 $5,578 $5,984 $6,174 Payroll/Accounting Clerk Administrative Secretary Deputy City Clerk/Council Secretary Assistant Fire Chief Police Captain Assistant to the City Manager/ Human Resources Director SCHEDULE B 2005 MONTHLY SALARY SCHEDULE Effective January 1, 2005 Entry 6 Months 1 Year $3,042 $3,146 $3,250 $3,197 $3,306 $3,415 $3,197 $3,306 $3,415 $5,007 $5,178 $5,349 $5,372 $5,555 $5,738 $5,541 $5,730 $5,919 2 Years $3,353 $3,524 $3,524 $5,519 $5,921 $6,108 3 Years $3,457 $3,633 $3,633 $5,690 $6,104 $6,297 SCHEDULE B INSURANCE The EMPLOYER will contribute up to a maximum of five hundred and thirty~five dollars ($535) per month per employee for calendar year 2004 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $535 per month, the difference may be used toward any other City- provided insurance benefit and/or a City sponsored deferred compensation program. The EMPLOYER will contribute up to a maximum of five hundred and fifty-five dollars ($555) per month per employee for calendar year 2005 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $555 per month, the difference may be used toward any other City- provided insurance benefit and/or a City-sponsored deferred compensation program. DEFERRED COMPENSATION As a fOrTh of additional compensation, the City will contribute $1 per full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $500 for calendar year 2004 and $500 for calendar year 2005. CITY COUNCIL LETTER Meeting of: June 14, 2004 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL CONSENT _ ~ NO: ~i~, ~> Fire ITEM: Establish Hearing Dates BY: Charlie Thompson BY~ff~ License Revocation, Rental Properties DATE: June 7, 2004 DATE: NO: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Joe Tohey ...................................................................... 1207-09 Circle Terrace Blvd N.E. 2. Merlin Garner ................................................................ 936-938 42nd Avenue N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of June 28, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Joe Tohey at 1207-09 Circle Terrace Blvd. N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of June 28, 2004 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Merlin Garner at 936-938 42na Avenue N.E. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of' June 14, 2004 AGENDA SECTION: CONSENT '. ORIGINATING DEPT.: CITY MANAGER NO: ~o ~,~ Recreation APPROVAL ITEM: AUTHORIZE HOT AIR BALLOON BY: Keith Windschitl/,~ BY~~0 ~ RIDES AND FIREWORKS FOR 2004 Recreation Director JAMBOREE DATE: 6/9/04 NO: BACKGROUND St. Matthew Lutheran Church is requesting authorization to have tethered hot air balloon fides in Huset Park during Heights Jamboree. The Church will be charging $5.00 per person for a balloon ride which will last 5 to 7 minutes in length. The balloon is anchored to velficles and rises 50 to 75 feet above the ground. Staff has received a copy of the liability insurance which includes the City as additional insured. Staff is also requesting authorization to hold a fireworks display on Saturday, June 26, 2004 in conjunction with the Lion's Club Jamboree activities. The City has also obtained a certificate of insurance from RES Specialty Pyrotechnics. A rain out date has been set for Sunday, June 27, 2004 should we have inclelnent weather on Saturday. The cost of the fireworks display is $6000. Funds in the amount of $3000 have been budgeted in account 101-45050-4378. The remainder of the cost for the fireworks will be sought fi'om donations. RECOMMENDED MOTION: Move to authorize hot air balloon rides and fireworks as part of the 2004 Jamboree. COUNCIL ACTION: ADMIN\CChotairballoon CITY COUNCIL LETTER Meeting of June 14, 2004 NO. , CITY MANAGER APPROVAL: ITEM: Permit 1.4 mile Fun Run from 45th and BY: Walt Fehst BY'_~~//~/ NO. Central to City Hall prior to Jamboree Parade DATE June 10,2004 DATE:~ '/~ '~ June 25, 2004 BACKGROUND Council member Nawrocki has requested that a fun run be permitted by the City Council as part of the Jamboree. The run would be limited to 25 people, would be apolitical, and would start once the parade route has been secured or approximately 6:25 p.m. on Jtme 25--whichever is later--just prior to the Jamboree Parade. The route would begin at the parade start point on 45th and Central and end up at the parade end near City Hall--approximately 1.4 miles. The original request from Kelly Faris in February was to rrm from the High School to the end of the parade route. Our Recreation Director, Keith Windschitl was made aware of this request approximately three weeks ago. ANALYSIS/CONCLUSION The 1.4-mile length this year appears to be the best suited to the time frame we were presented with, should the Council choose to approve the request. RECOMMENDED MOTION: Move to permit a 1.4 mile fun run, beginning once the parade route has been secured, or at approximately 6:25 p.m. on June 25--whichever is later--as part of the Jamboree activities. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/14/04 No:AGENDA SECTION: CONSENT AGENDA~ ~ ll~ ~ · ) PUBLIcORIGINATINGwoRKsDEPARTMENT: CITY MANAGER ITEM: MINNEAPOLIS WATER WORKS - MASTER BY: K. Hansen~ METER REPLACEMENT DATE: 6/9/04 ~ DATE: Background: By contract (prior and existing) with the Minneapolis Water Works (MWW), the City of Columbia Heights is responsible for the costs associated with the Master Water Meter and associated isolation valving. The City's single source of water is delivered through a 24-inch pipe from the MWW from the Hilltop Reservoirs east of Stinson and Fairway Drive in New Brighton. All water is accounted for through a single meter located on the fenced reservoir grounds. Over the last several years, the meter has been out of service more frequently and for extended periods of time. The meter was last taken out of service for repair in 2003 and the company (in California) providing service on the meter indicated they can no longer service it due to condition and age. The isolation valving is also inoperable which will require their replacement. A letter from the City of Minneapolis also stating the operational problems is attached. Our records indicate that the meter was installed in 1966 with recent maintenance history that details in-operation only 10 months out of the last 30. The master meter is serviced out of California with varying turn around times. Analysis/Conclusions: The valves on either side of the meter also no longer function, requiting the reservoir to be partially drained to perform the work. The MWW has been contacted to perform the work and a copy of their letter and estimate for materials and installation is attached. The work will involve taking the reservoir out of service, replacing two 24-inch isolation valves, and installing a new 24 inch mainline meter. Minneapolis forces performing the work are identical to the arrangement the City had with the MWW in 1999 for the installation of a secondary water source connection through the MWW Columbia Heights Plant. It is this same connection that we will receive our water from when the meter replacement work is being conducted. The Master Meter Replacement was originally budgeted for in the 2003 Water Fund budget, but construction projects and coordination issues delayed the work until 2004. The Water Construction Fund is proposed to pay for the proposed work. Recommended Motion: Move to authorize the Minneapolis Water Works to install a new 24 inch Master Meter, two new 24 inch valves, at an estimated cost of $20,000 to 23,000, with funding from the Water Construction Fund 651-49430-5130. KH:jb Attachment: MWW Letter dated 1/21/04 MWW Letter dated 5/17/04 COUNCIL ACTION: Finance Department Utility Billing Office 250 South 4th Street - Room 230 Minneapolis MN 55415-1328 Januaw 21,2004 Minneapolis City of Lakes City of Columbia Heights % Mr. Kevin Hanson 590 40th Ave NE Columbia Heights, MN 55421 Re: Water Meter Replacement Dear Mr. Hanson: I'm writing to follow-up on my previous request that the City of Columbia Heights replace its master water meter. In December 2001, I wrote a letter stating my concern about the age of the meter and the fact that it was inoperable. I suggested that since the meter had to be repaired that it would be a good time to replace it with a new automatic meter. In July 2002, we met to discuss the issue. Although the meter had been repaired, concerns about its reliability and location remained unresolved. During this meeting you stated that a lack of funds prevented the replacement and relocation of the meter and that additional time was required to budget for this expense. We agreed that since the meter was working, we would wait for funds to be appropriated in the next budget year. Recently, I was informed that the meter is again inoperable. A review of our records show that since January of 2001, the meter has worked only six to seven months out of thirty-six. We need your assistance and cooperation to be able to provide the City of Columbia Heights with accurate and timely billing. Again, I ask that you take the action required to replace the outdated meter with a new automatic meter as soon as possible. For more information on installing a new meter, please call Brian Karkula our Meter Service Supervisor at 612-661-4951. If I can answer any questions or provide further information, please call me at 612-673-2404. Sincerely, Ray Morales Utility Billing Manager City of Minneapolis www.ci.minneapolis.mn.us Affirmative Action Employer Minneapolis City of Lakes Department of Public Works Klara A. Fabry City Engineer Director Brian J. Lokkesmoe Deputy Director 350 South 5th Street - Room 203 Minneapolis MN 55415-1390 Office '612 673-2352 Fax 612 673-3565 TTY 612 673-2157 Management Services R. H. Smith, Director Assistant Director of Public Works 350 South 5"' St. - Room 203 Minneapolis, MN 55415-1390 (612) 673-2241 Administrative Services T. G. Moleney, Director 350 South 5~ St. - Room 203 Minneapolis, MN 55415-1390 (612) 673-3478 Engineering Services P. W. Ogren, Director 309 2~ Ave. S. - Room 300 Minneapolis, MN 55401-2268 (612) 673-2456 Field Services M. D. Kennedy, Director 350 South 5TM St. - Room 203 Minneapolis, MN 55415-1390 (612) 673-3759 Property & Equipment Services S. A. Kot~e, Director 350 South 5~ SL - Room 223 Minneapolis, MN 55415-1390 (612) 673-2402 Solid Waste & Recycling S. A. Young, Director 309 2'" Ave. S. - Room 210 Minneapolis, MN 55401-2281 (612) 673-2433 Transportation & Parking G. A. Rnstad, Director 350 South 5"' St. - Room 233 Minneapolis, MN 55415-1390 (612) 673-2411 Water Works A. J. Kramer, Director 250 South 4TM St. - Room 206 Minneapolis, MN 5541,%1330 (612) 673-2418 May 17, 2004 Kevin Hanson, P.E. City Engineer City of Columbia Heights 637 - 38th Avenue N.E. Columbia Heights, MN 55421-3806 Re: New Meter and Materials for Columbia Heights Metering Chamber in New Brighton Dear Mr. Hanson' The estimated cost for installing a new 24 inch propeller meter, two butterfly valves and one 24 inch insulating coupling is $22,628. This is an estimate only, however, we will bill actual time and materials. We can order materials once we receive a letter of authorization from the City of Columbia Heights. We can proceed with the installation of the meter this fall when we take the two Hilltop reservoirs out of service for repair. While we are doing the meter installation, you will receive your water from an alternative connection installed a few. years ago for the City of Columbia Heights. If you have any questions, please feel free to call me at (612) 661- 4902. Sincerely, Stuart Kirschbaum, P.E. Minneapolis Water Works 4300 Marshall St. N.E. Minneapolis, MN 55421 Attachment/Cost Estimate www. ci.minneapolis.mn.us Affirmative Action Employer COST ESTIMATE COLUMBIA HEIGHTS METERING CHAMBER MATERIALS 1. Two (2) -24 inch BFV's (flanged) 2 @ $3,000 ea. 2. One (1) - 24 inch insulating coupling 3. One (1) - 24 inch flanged mainline propeller meter 4. 120 - 1¼" plated bolts and nuts 5. Miscellaneous TOTAL EQUIPMENT 1. East Yard crane for lowering materials into metering chamber, removing materials being replaced TOTAL LABOR 1. Pipe trades - 2 FTE's - 80 hours @ $41.00 2. Pipe trades - Foreman -10 hrs. @ 44.50 SUMMARY 1. Materials 2. Equipment 3. Labor Comptroller 3½% (19,875) TOTAL Contingencies 10% ($20,571) COST $6,000 $ 35o $8,ooo $ 5oo $ 5oo $15,350 $ 80O $ 80O $ 3,280 $ 445 $ 3,725 TOTAL TOTAL $15,350 $ 8oo $ 3,725 $19,875 $ 696 $20,571 $ 2,057 ESTIMATED TOTAL $22,628 Estimate does not include a new 24 inch gate valve for City of Columbia Heights. We have gate valves in our inventory. Approximate Cost $20,000. CITY COUNCIL LETTER Meeting of: 6/14/04 AGENDA SECTION: CONSENT AGENDA ~ NO: ~ d~~ ORIGINATING DEPARTMENT: CITY MANAGER ~ ~,i~ PUBLIC WORKSn~,~ ~//~--~ ITEM: FIRST READING OF ORDINANCE NO. 1470, BY: K. Hanse_~,,~.vv BY: BEING AN ORDINANCE AMENDING ORDINANCE DATE: 6/9/04 DATE: NO. 1428 ZONING AND DEVELOPMENT-PARK DEDICATION Background: Upon a review of the text of the Zoning and Development Ordinance, staff found some inconsistencies in the text pertaining to park dedication. The text pertai~fing to Park Dedication from the City of Columbia Heights Zoning and Development Ordinance 1428 is attached for reference. As it currently reads, it requires a 10 percent land contribution from the Developer or a cash equivalent of 10 percent of the value of the improvements. The 'value of the improvements' segment is inaccurate in the current wording and should be replaced. For example, the estimated value of the hnprovements at the K-Mart Redevelopment is $50,000,000 at full build out. A ten percent contribution based upon improvements would be $5,000,000, which is not realistic. Proposed language revising the park dedication segment is attached which requires park dedication in either a 10 percent land contribution, or a cash equivalent of 10 percent of the value of the land prior to redevelopment. The new language also provides additional clarification with respect to: · Location and suitability of land for park purposes. · Reasons for modifications of the area dedication. · Discretion of acceptance (of either area or cash equivalent) by the Council. As the current language is not reasonable as it relates to a cash contribution, staffrecommends the minor amendment clarifying the park dedication language. Recommended Motion: Move to waive the reading of Ordinance No. 1470, there being ample copies available to the public. Recommended Motion: Move to set the second reading of Ordinance No. 1470, being an Ordinance amending Ordinance No. 1428 Zoning and Development-Park Dedication for June 28, 2004, at approximately 7 p.m. in the Council Chambers.. rd-~.'jb Attachment: Existing/Proposed Park Dedication Language COUNCIL ACTION: ZONING AND DEVELOPMENT ORDINANCE MINOR AMENDMENT TO: Section 9.1403 Page 14-7 EXISTING: Plats and Data. Subdivision 3 REPLACE WITH: ~roposecO Park dedication. It is deemed necessary and consistent with sotmd City planning to provide in each new proposed plat o r subdivision, areas for future development of park and recreational purposes. Each plat shall hereafter provide for a dedication to the municipality, an area not less than ten percent (10%) of the total proposed area to be subdivided. (a) Such area shall consist of developable and usable land and shall be located so as to serve the present and future needs of the community for recreational or park purposes. (b) The Planning Commission and the Council shall consider the proposed location in relation to existing or contemplated recreational and park sites in other parts of the community and as to the suitability in meeting the requirements of the "City Comprehensive Plan". (c) The following properties shall not be accepted for purposes of the owner's compliance with subdivisions a or b of this section: a. land dedicated or obtained as easements for storm water retention, drainage, roadway and other utility purposes; (c) This requirement may be waived and/or modified by the Council, after recommendation by the Planning Commission, for one of the following reasons: The enforcement of this provision would act as an extreme hardship to the property owner, because of the size of the tract involved, the topography of the land (zoning areas involved) or the Owner has already dedicated comparable areas in other subdivisions in the City. (ii) The Owner contributes a cash equivalent to the City for the "Parks Capital h2provement Fund" of the City. A cash equivalent shall be a sum mutually agreed upon representing 10% of the market value of the tract in an under-developed state on the date the preliminary plat is presented to the City. (d) The City, at its sole discretion, may consider a combination of an area dedication and cash contribution to total the 10 percent park dedication contribution. CITY COUNCIL LETTER Meeting of June 14, 2004 AGENDA SECTION: CONSENT ORIGINATING CITY NO: DEPARTMENT: MANAGER'S ITEM: ANOKA COUNTY 2004 JPA BY: Jean Kuehn BDI~~'~ SCORE FUNDS DATE: June 2004 . NO: This Joint Powers Agreement, released on June 2, 2004 by the County board, covers the 2004 calendar year. The 2004 Joint Powers Agreement with Anoka County entitles the City to apply for ftmding for the residential recycling program and the City's recycling drop off center as well as special collections of problem materials (i.e., tires & oil filters, fluorescents). The joint powers agreement further specifies that Columbia Heights is entitled to receive reimbursements up to $46,634.73 for eligible expenses specifically related to recycling and waste abatement activities. The 2003 SCORE funding was reduced 20% mid year from $52,410.60 to $42,728.48 by the County due to State funding cuts. The 2004 funding is a reduction of $6,775.87 from the original 2003 level but an increase of $3,906.25 from the mid term reduction of the 2003 funding. To receive these funds the City must submit substantiating data in semiannual reports and abide by the State statutes regarding recyclable materials and mixed municipal solid waste. Staff has submitted the required reports for 2003 and the City received the full amount of the allotment per the adjusted joint powers agreement. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into the 2004 Joint Powers Agreement with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Program and to make funds of up to $46,634.73 available as reimbm'sement for eligible expenses. COUNCIL ACTION: Anoka County Contract # 2003-0240 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on !6th day of December, 2003, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF COLUMBIA HEIGHTS, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, Anoka County has received $708,603 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to- cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the.mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. TERM. The term of this Agreement is from January 1, 2004 through December 31, 2004, unless earlier terminated as provided herein. 3. DEFINITIONS. eo fo "Problem material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a. "Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. o go "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the Municipality's annual recycling goal of 1636 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2003, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2004 and January 20, 2005: An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop-off centers. For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable material which has .been marketed. For recycling programs run by other persons or entities, the Municipality shall also provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other 2 programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. Copies'of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement' activities no later than July 20, 2004 and January 20, 2005. Costs not billed by January 20, 2005 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $46,634.73. The project maximum for eligible expenses shall be computed as follows: A base amount of $10,000.00 for recycling activities only; $4.51 per household for recycling activities only; and unexpended funds carried over from the Municipality's 2003 allocation. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 3 AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by.. the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. ao In performing the provisions of this Agreement, both parties agree to comply with all applicable federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rares as certified by said Department. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties. 4 11. 12. 13. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with att laws, rules, and regulations applicable to the Municipality. ho The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. Nothing in this Agreement shall be construed as creating the relationship of co- partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. PUBLICATION. The MUnicipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA By: Name: By: Dan Erhart, Chairman Anoka County Board of Commissioners Title: Date: Date: ATTEST: By: Municipality's Clerk John "Jay" McLinden County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 14, 2004 AGENDA SECTION: -CONSE&IT- _-,~. ORIGINATING DEPARTMENT: CITY MANAGER'S ' NO: _~ ~[~,~ Community Development APPROVAL ITEM: Ad°pt Res°luti°n 2004-33' A1]lth~ri~'ing' BY: Randy Schumacher ¢ Reallocation of CDBG Funds from the sale of DATE: June 9, 2004 ' 4607 Tyler Street for the redevelopment of the NEI site. BACKGROUND: Anoka Cotmty has made available an amount of $112,708.60 in reallocated Community Development Block Grant Funds that were used in the sale of 4607 Tyler Street NE. In order for the City of Columbia Heights to receive these fimds for a new project, we have to published notice of the proposed change in use and have allowed for citizen comments. The City Council is now holding a Public Hearing, and will consider a resolution to reallocate these funds. After the public heating, the Anoka County I-IRA will vote on the reallocation request after which the funds will be immediately available to the City of Columbia Heights. The City of Columbia Heights is requesting to reallocate funds for the following pttrposes associated with the NEI redevelopment: Asbestos removal $51,565 TIF inspection $ 3,000 Tank removal $ 6,500 Appraisal $ 500 Ehlers & Associates $ 7,000 Demolition $ 1,900 Contingency $ 1,000 TOTAL $71,465 The balance of the reallocated funds ($41,243.60) can be designated by the City Council to an eligible CDBG project at a later date. RE COMMENDATION: Staff recommends Adoption of Resolution 2004-33, authorizing Reallocation of Cormnunity Development Block Grant (CDBG) funds, formerly used to acquire 4607 Tyler Street to be used for'axe NEI Redevelopment Project site. RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-33, there being an ample amount of copies available to the public. RECOMMENDED MOTION: Move to Adopt Resolution 2004-33, Authorizing Reallocation of Community Development Block Grant Funding to be used for proposed CDBG eligible activities for the redevelopment of the NEI site. Attachments COUNCIL ACTION: h: \Consent2004\CL Reallocate CDBG Funds RESOLUTION 2004-33 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AUTHORIZING A REALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING THROUGH ANOKA COUNTY WHEREAS, the Department of Housing and Urban Development (HLrD) monitors and establishes criteria for the use of CDBG and HOME funds; and WHEREAS, the City of Colmr~bia Heights is requesting a reallocation of CDBG funds fi'om the recent sale of 4607 Tyler Street NE; and WHEREAS, the City of Columbia Heights is required to publish notice of proposed CDBG reallocation in the local paper, allowing citizens 30 days to con~ment on the proposed change; and WHEREAS, the City Council must hold a public hearing and consider a resolution to reallocate the ftmds; and WHEREAS, the Anoka County HRA Board must in turn approve the reallocation request, after which the funds will be in~'nediately available to the City; and NOW, THEREFORE BE IT RESOLVED that the City of Columbia Heights acts as the legal sponsor for the reallocation of Co~rummity Development Block Grant Funds; and BE IT FURTHER RESOLVED that the City of Columbia Heights has not violated any Federal, State, or local laws pertaining to fi'aud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or comtpt practice; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to pm'sue the reallocation of these CDBG funds to be used for proposed CDBG eligible activities for the redevelopment of the NEI site; and I certify that the above Resolution was adopted by the City Council. PASSED THIS: SECONDED BY: ROLL CALL: Day of Jtme, 2004 Patricia Muscovitz, Deputy City Clerk Julienne Wyckoff, Mayor H:\Resolutions2004\ CL Reallocate CDBG Funds $30 For First Zone $15 Each Additional Zone ltl!II n wspa ers May 27th' in our ciai Keepsake Tab. semces, incJuding health and safety related Code enlorcement, and other J goods, semces or materials rourinely J provided by the City to its citizens or other members of the public which, J by law, must be limrted to the actuaJ . J cost of the service being provided. ' - The tm, m "fees" shall not include any J special assessments made under I ' Minnesota Statutes Section 429. (Ret Ord 1152) J Any persons desidng to be heard shall J be given an opportunity at the above stated time and place. Any questions related to I this item may be referred to Deb Skogen, J City Clerk at 763-572-3523. Headng impaired persons planning to J attend who need an interpreter or other per- I sons with .disabilities who require auxiliary aids should contact Roberta Collins at 763- I 572-3500 no later than Monday, May 17, J 2004. The TDD number is 763-572-3534. J /s/ Debra A. Skoge~, City Clerk Published in the Fridley Focus News May 6 J and 13, 2004 · J (May 6 & 13, 2004)f2/NOPH charter amd I I City of Fridley j (Official Publication) CITY OF FRIDLEY J STATE OF MINNESOTA- j . NOTICE OF PUBLIC SALE OFFICIAL PUBLICATION J Notice is hereby given the City of J Ffidley,' An(~ka County, Minnesota, will con- duct a Public Sale of USED OFFICE SUP- '1 "PLIES, BICYCLES, VEHICLES AND MIS- J; '.. CELLANEOUS ITEMS. Some items are lost . j - or stolen and the legal owners c'annbt be · located. Some items are City Surplus and J some are forfeited items. - Said sale will be conducted at the Anoka J County Fairgrounds, 3203 St. Francis J Blvd.,Anok~, Minnesota 55303 on Saturday, May 22, 2004 at 10:00AM. Registration J inspection of items will be from 9:00 to J 10:00am. Auctioneer will be Jim Peterson, Ucense J #02-16, telephone # 612-263-6453, James J C. Peterson & Co. j Dated this 6th Day of May, 2004 " /s/William H. Bums, City Manager . .. . · J City of Fddley, MN 55432. j Published in the Frfdley Sun Focus May 13 J ('May'13 & 20, 2004)f2/n~tJce of auction J I . City of Columbia Heights J ' ....(Official Publication) -' City of Columbia Heights J.. PUBUC NOTICE in-Post Q Sun. Current Central ant South [2 Sun-Focus · ?:. :-? -_--. -.. .... t..ed, please include SASE ;tate: Zip: J ' Notice is hereby given that the City of Columbia Heights will hold a Public Hearing J on June 14th, 2004, at approximately 7:00 - . J p.m. in the City Council Chambers, for the ' purpose of taking public comment for the ! reallocation of Community Development . ' J Block Grant monies spent on the acquis~tic~n of 4607 Tyler Sl]'eet N.F_ Prop<)sed reuse J options are fer the redevelopment of the NEI site. Written comments will be accepted .in the Community Development Depad~ent. . .of the City of Columbia Heights, 590 40th Avenue.NE, columbia Heights, Minnesota, - until 4:30 pm on June 14, 2004. For infor- marion contact Randy Schumacher, Project Director at (763) 706-3675. "': ..... i'." (May 207,2004) f2JPH, re~ffoca'.ted [¥nds ~.. ~'. ~ CITY COUNCIL LETTER Meeting of: June 14, 2004 AGENDA SECTION: CONSENT /~.) ORIGINATING DEPT.: CITY MANAGER NO: ~ ~4:-~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson DATE: NO: DATE: June 9, 2004 By: ~/~/~4~ BACKGROUND/ANALYSIS Attached is the business license agenda for the June 14, 2004 City Council meeting. This agenda consists of applications for Contractor licenses for 2004, as well as several Peddler's Licenses. Several of these are in conjunction with the Jamboree being held in June and one is for the sale of Fireworks.at the Columbia Heights Mall. 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 June 14, 2004 as presented. COUNCIL ACTION: TO CITY COUNCIL June 14, 2004 *Signed Waiver Form Accompanied Application 2004 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Roger Jensen~Excavation Belair Excavating *M.J. Arndt Construction *Bartylla Plmb & Htg *Gunderson Construction Inc *Ashland Enterprises Inc *Practical Systems/Kline Corp 35818 Adolf Rd, Askov 2200 Old Hwy 8, New Brighton 2808 Sherwood Rd, Mounds View 8675 No. 126th St, Hugo 1760 Commerce Court, Wht Bear 881 66th Ave NE, Fridley 4342B Shady Oak Rd, Hopkins $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 PEDDLERS/SOLICITORS *Gerald Johnson *Erik Johnson *Je~mifer Weisser *Wm Hurst/FW Shreveport Inc Justin Lowery Booksales *Women of Today-Sharon Tarr LICENSE 1298 52nd Ave NE, Fridley 1298 52nd Ave NE, Fridley 4905 Fillmore St, Col. Hts 102 Indust Dr, Batesville, AR 2451 Atrium Way, Nashville, TN 10962 Isanti Crt, Blaine $100 $50.00 $50.00 $100 $100 $50.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: ~ ¢,,BL ~ ~ ~9(~¢ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number [0~ through /~)~t/p in the amount of $ [~ 19~//~q~. ~[. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. HO H o2~ d) 0 0 0 0 ~.1~ Oo U::> E~ (Do 0 H Oo O~ 0 H -~0 U Oo O0 m H Oo Oo 0 i OU -,d 0 r.--t 0 0 H 00000000000000000000000000000000000000000000000 Oo rj~ U 0 0 ,-q~ Oo rjr> H OU -,-IC) r Jo rJ E) eo ~ H ~ ,~ H ~> r j% ~ P4 68 o ~c~Obl~H ~.~ ~-~ H ~Z~ ~.~ ~ H Oo H ~ OrD ~ -~0 n~ o~ n4 0 0 0 0 0oo ~ou~ HOt.9 0'~ 0'1 0 0 0 rD H ~ m ~o CITY COUNCIL LETTER Meeting of June 14, 2004 AGENDA PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: ~ o o ITEM: Close Hearing BY: Charlie Thompson By..~'a~/'~ Rental License Revocation DATE: June 7, 2004 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against F.C. Celtic LLC regarding rental property at 3849-51 Central Avenue NE. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of June 14~ 2004. The public hearing on this propmty may now be closed in that the violations on the property have been corrected. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic LLC Regarding Rental Property at 3849-51 Central Avenue NE. in that, the Violations on the Property have been Corrected. COUNCIL ACTION: Close Hearing Council Letter CITY COUNCIL LETTER MEETING OF: JUNE 14, 2004 AGENDA SECTION: RESOLUTIONS AND ORIGINATING DEPT: CITY MANAGER ORDINANCES NO: ,WI. ,~_~ I ) FINANCE APPROVAL ITEM: RESOLUTION PROVID'IN-~ 2005 BY: WILLIAM ELRITE BY: ARA TION GUIDELINES, ~/~ ~~ BUDGET PREP ADOPTING A PROPOSED MAXIMUM DATE: MAY 27, 2004 BUDGET, AND SETTING THE PROPOSED MAXIMUM CITY LEVY FOR 2005 NO: The purpose of the attached resolution is to provide staff with guidance and direction in the preparation of the 2005 budget and to establish criteria for long-range budget planning as well as restrict property tax increases to residents of Columbia Heights. The three-year goal for budgets and property tax increases is that the budgets for 2005 and 2006 will be developed at the same level as the 2004 budget. The 2007 budget would be developed with a maximmn inflationary growth factor of 3 percent. The result of this no budget growth plan means that for 2005 and 2006 the City levy would only increase by the amount of state aid reduction and for 2007 it would only increase by a 3% budget inflationary factor. In actual levy increase dollars, it is estimated that this long-range budget plan would result in a progressively smaller property tax increase for the next three years. For 2005 the increase in our property tax levy would be $544,726, for 2006 $338,380 and for 2007 $240,000. As you can see, the property tax increase goes down significantly each year and even for 2005, the property tax increase would be less than it was in 2004. The adoption of the attached resolution facilitates both budget preparation direction and certification of a proposed budget and levy. Last year this was done in the form of two separate resolutions. For efficiency and cost-effectiveness I have combined both of these resolutions into one. RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-29 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-29 being a resolution providing 2005 budget preparation guidelines, adopting a proposed maximum budget, and setting the proposed maximum city levy for 2005. WE:sms 0405272COUNCIL Attachment COUNCIL ACTION: RESOLUTION NO. 2004-29 RESOLUTION PROVIDING 2005 BUDGET PREPARATION GUIDELINES, ADOPTING A PROPOSED MAXIMUM BUDGET, AND SETTING THE PROPOSED MAXIMUM CITY LEVY FOR 2005 WHEREAS, the State of Minnesota legislature has adopted legislation that significantly reduces state aid to the City of Columbia Heights; and WHEREAS, it is the goal of the City Council to maintain city services to residents without irnpail-ment fi'om the state aid cuts; and WHEREAS, it is the goal of the City Council to maintain low property taxes on property in Columbia Heights; NOW, THEREFORE, BE IT RESOLVED that the City Manager is instructed to prepare the 2005 budget utilizing the same total level for tax-supported funds as the 2004 budget; and BE IT FURTHER RESOLVED that the proposed budget for the City of Columbia Heights for the year 2005 is hereby set at the same level as the 2004 budget and is not exceed the following appropriations for each fund as listed below: General Fund $ 8,232,617 EDA $ 222,648 Library $ 631,271 BE IT FURTHER RESOLVED that the only increase in the proposed property tax levy, collectible in 2005, upon the taxable property in the City of Columbia Heights shall be the amount of lost state aid and shall be set at the following amounts: 2004 Adopted Levy Estimated 2005 Aid Loss Proposed 2005 Levy $ 5,447,260 $ 544,726 $ 5,991,983 BE IT FURTHER RESOLVED that the county auditor is authorized to fix a property tax rate for taxes payable in the yem' 2005 that is higher than the tax rate calculated for the city for taxes levied in 2003, collectible in 2004. The City Clerk is hereby instructed to transmit a certified copy of this resolution to the county auditor of Anoka County, Minnesota. Passed this day of ,2004 Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk Mayor Julienne Wyckoff CITY OF COLUMBIA HEIGHTS DATE: MAY 27, 2004 TO: WALT FEHST CITY MANAGER FROM: WILLIAM ELRITE FINANCE DIRECTOR RE: PREPARATION OF THE 2005 CITY BUDGET At the present time it appears that our local government aid (LGA) will be reduced by an additional $544,726 in 2005. This is under the phase-in plan that the state legislature adopted in the 2003 legislative session. Under that plan our LGA will ultimately be reduced to $720,097 and will occur in 2006. This means that from the original certified LGA in 2003 to 2006 we will have lost a total of $1,931,902. To deal with this loss in aid I am recommending that the City deviate from the normal budget process and look at a longer-range budget goal to manage the state aid reductions, inflation, and property tax increases. ! am recommending that the City look at freezing budgets for 2005 and 2006 at the 2004 level, with no increase in expenditures over and above the 2004 level for either 2005 or 2006. And, for 2007 looking at an inflationary increase to the budget of 3%. This zero budget growth would necessitate levying in property taxes the aid cuts that the City will receive in 2005 and 2006. Under the current legislative phase-in plan this would be a $544,726 increase in our levy for 2005 and a levy increase of $338,380 for 2006. Neither of these years would see any growth in the budget. In 2007 we would be fully phased in under the state aid reduction plan and would not need a levy increase to make up for state aid reductions. In that year I propose a modest 3% inflationary increase to the budget that would result in a small property tax increase of approximately $240,000. I feel that a plan of this nature would be reasonable as it severely restricts budget growth and forces staff to absorb any inflationary costs into the current budgeting level for the next two years and then allows for only a modest inflationary increase in the third year. This plan would also insure that Columbia Heights retains its role of being the lowest or near lowest in property taxes on a median priced home in the metropolitan area. In addition to the above, I am recommending that the council continue the philosophy that was started last year of adopting a resolution in June giving staff specific direction and guidance regarding the preparation of the 2005 budget. This was done last year and it makes it much easier for staff to develop a practical budget when they know up front what the guidelines and goals are. Based on this, I have prepared the attached draft council letter and draft resolution to establish a format that the council could adopt to give the staff guidance in preparing the 2005 budget with no increase. The bottom line of my recommendation is that it starts out with a property tax increase in 2005 that is about $85,000 less than the 2004 property tax increase, and then drops into a progressively lesser increase for the next two years while at the same time maintaining a "hold the line" budget for the first two of the three years. This plan ends up with a budget in the third year, 2007, which is still $500,000 less than the 2003 budget. WE:sms 0405271 CM Attachments 0 0 Ernoo c",,I CITY COUNCIL LETTER Meeting of: June 14, 2004 AGENDA SECTION: Other Ordinances andResoj,ution_ss ~ ORIGINATING DEPT: CITY MANAGER NO: '~~#~ Community Development APPROVAL ITEM: Emergency Ordinance No. 1471, An ordinance BY: Randy Schumach4~' repealing Ordinance No. 1457 and imposing a DATE: June 8, 200~X/,~/ moratorium on development in Industrial Park Master Plan area. Issue Statement: Consideration of Emergency Ordinance # 1471, which is an ordinance of the Columbia Heights City Council, imposing an emergency moratorium for industrial zoned properties identified in Phase I & II of -the Industrial Park Master Plan for the City of Columbia Heights. Background: The City Council identified as a priority for 2002 and beyond, a strategic master planning process for the industrial areas of Columbia Heights. As pm-t of this on-going redevelopment strategy, the City Council has entertained several concept plans for the potential redevelopment of the industrial area. As part of the redevelopment process, the City imposed a moratorium in July 2002 on industrial properties identified in the planning area. This moratorium is set to expire on July 8, 2004. Analysis: The extended moratorium will affect the Light Industrial zoned districts in the area generally bounded by University Avenue on the west, 40th Avenue on the north, Jefferson Street on the east, and 37th Avenue on the south; excepting the properties at 455 37th Avenue NE, 500 38th Avenue NE, 523 37th Avenue NE, 533 37s~ Avenue NE, and 545 37th Avenue NE (See attached map). The properties being exempted are in the general area of redevelopment activities, but are proposed to be left out of the plan. As part of this redevelopment opportunity, City staff believes it necessary to adopt an emergency ordinance prohibiting activities requiring action by the Planning Commission or requiring a building permit. However, it does not include building permits for maintenance issues such as roofs and/or siding, etc. This emergency ordinance would be effective for an additional period of 6 months, but could be shortened, should the City Council deem it necessary. RECOMMENDATION: Staff recommends establishing an emergency moratorium, in an effort to protect the strategic planning process, and the health, safety, and welfare of the public. Staff recommends that the following motions be made. RECOMMENDED MOTION: Move to waive the reading of Emergency Ordinance #1471, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Emergency Ordinance #1471, being an Ordinance repealing Emergency Ordinance No. 1457, and imposing a moratorium on the use of property identified in Phase I & II of the Industhal Park Master Plan for the City of Columbia Heights. Attachment: Ordinance COUNCIL ACTION: H:\Consent 2004\CL June I4 Emerg Ord Ind Pk EMERGENCY ORDINANCE NO. 1471 BEING AN EMERGENCY ORDINANCE REPEALING EMERGENCY ORDINANCE NO. 1457 The City of Columbia Heights does ordain: Section 1: On July 8, 2002, the City of Columbia Heights adopted Ordinance 1449, which is an ordinance that was created in an effort to protect the strategic plamfing process, health, safety, and the general welfare of the public for the City of Columbia Heights; and Section 2: The City Council determines it is necessary to extend the emergency moratorium in an effort to finish a strategic master planning process to dete~Tnine the highest and best use of industrial zoned properties and to develop an implementation pimp/development agreement; and, Section 3: In an effort to protect the strategic plmming process, and the health, safety, mhd welfare of the public, the Columbia Heights City Cotmcil hereby imposes a moratorium on the I- 1 Light zoned properties within the area recognized in Phase I & II of the Industrial Park Master Plan for the City of Columbia Heights, and the area generally bounded by University Avenue on the west, 40th Avenue on the north, Jefferson Street on the east, mhd 37th Avenue on the south; with the exception of the properties at 455 37th Avenue NE; 500 38th Avenue NE; 523 37th Avenue NE; 533 37th Avenue NE; and 545 37th Average NE; Effective July 8, 2004 and terminating in six months, and recoglfizing said time period may be shortened, at anytime by the City Council; and, Section 4: Activities affected by this moratorium include anything in the moratorium area addressed above requiring action by the Planning and Zoning Cormnission, or requiring a building pemhit. This does not include building permits for maintenance issues such as roofs and/or siding. Section 5: This Ordinance shall be in full force and effect on July 8, 2004. Offered by: Second by: Roll Call: Passed this __ day of Jmhe, 2004. Patricia Muscovitz, Deputy City Clerk Julimme Wyckoff- Mayor H:\Industfial Parlc2004\Emergency Ordinance QUINCY ST NE JEFFERSON ST NE QUINCY ST NE R u~ MADISON ST NE UNIVERSITY AVE NE MADISON PL NE AVE NE