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June 28, 2004 Regular
CITY 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 June 25, 2004 Mayor Julienne Wyckoff Councibnentbers Robert A. Williams Bruce NawrocM Tammera Sr[csoll Bruce Kelzenberg ,Citv Manager ~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 28, 2004 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not disCriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Colmnbia Heights' services, programs, m~d activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Administrative Secretary at 763-706- 3606, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) h~vocation: Rev. David Briley, Oak Hill Baptist Church 1. CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM/ROIJ, CALF, PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon lnajority vote of its lnelnbers, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - Joseph Kloiber, Assistant Finance Director D) Recognition - none CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Approve City Council Meeting Minutes for the June 14, 2004, Regular CiW Council meeting MOTION: Move to approve the minutes of the June 14, 2004, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes MOTION: Move to accept the lninutes of the following boards/commissions: a) Library Board of Trustees meeting minutes of June 1, 2004 b) Traffic Commission meeting minutes of May 3, 2004, and June 7, 2004 3) Establish Work Session Meeting Date for Tuesday, July 6, 2004, at 7:00 p.m. MOTION: Move to establish a Work Session meeting date for Tuesday, July 6, 2004 begimfing at 7:00 p.m. in Conference Room 1. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council June 28, 2004 Page 2 of 4 4) Agenda Adopt Resolution No. 2004-35/Approve the 2004-2005 International Association of Fire Fighters (IAFF) Contract Agreement MOTION: Move to waive the reading of Resolution 2004-35, there being ample copies available to the public. MOTION: Move to adopt Resolution 2004-35, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Fire Fighters, effective January 1, 2004 - December 31, 2005. 5) Adopt Resolution No. 2004-36, Being a Resolution Concerning the Commencement of Renewal Proceedings Under the Cable Communications Policy Act of 1984, as Amended MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2004-36, being a resolution concerning the commence- merit of renewal proceedings under the Cable Communications Policy Act of 1984, as amended. 6) Approve Temporary Handicap Parking Spaces on Jackson Street for Fun Fest MOTION: Move to approve up to ten temporary handicap parking spaces on Jackson Street, annually, the first weekend of August, between the parking lot entrances to Immaculate Conception Church from the Wednesday prior to Fun Fest at Immaculate Conception Church until the Tuesday after. 7) Designate Molan Terrace Cul-de-sac as "No Parking" MOTION: Move to designate the cul-de-sac east of 1425 and 1440 Molan Terrace as "No Parking" based on staff recommendation and pending recommendation by the Traffic Commission. 8) Establish a Hearing Date of July 12, 2004, for Revocation or Suspension of Rental Property License at 1019 3 7th Avenue N.E. and 4147 Washington Street N.E. MOTION: Move to establish a hearing date of July 12, 2004, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Erika Thom at 1019 37th Avenue N.E. MOTION: Move to establish a hearing date of July 12, 2004, for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Larry Wakeman at 4147 Washington Street N.E. 9) Authorize Final Change Order No. 1 to the Zone 6A Street Rehabilitation City Project 0202 and Accept Work for Same and Authorize Final Payment to Park Construction Company MOTION: Move to authorize final Change Order No. 1 for additional work subgrade and common excavation, granular borrow and aggregate base materials, as well as additional sidewalk replacement to the Zone 6A Street Rehabilitation, City Project 0202 to Park Construction Company in the amount of $22,214.30 to be funded out of the PIR Fund, or Assessments ($11,107.15) and the Infrastructure Fund ($11,107.15). MOTION: Move to accept the work for 2002 Street Rehabilitation Projects in Zone 6A, City Project Number 0202 and authorize final payment of $113,028.55 to Park Construction Company of Minneapolis, Mi~mesota. 10) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 28, 2004, as presented. 11) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 108841 through 109035 in the amount of $970,549.78. City Council Agenda June 28, 2004 Page 3 of 4 PUBLIC HEARINGS A) First Reading of Ordinance No. 1472, Being an Ordinance Prohibiting Surface Drainage Connections and Discharge into the CiW of Columbia Heights Sanitary Sewer System MOTION: Move to waive the reading of Ordinance No. 1472, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance No. 1472, being an Ordinance prohibiting surface drainage connections and discharge into the City of Columbia Heights sanitary sewer system for July 12, 2004, at approximately 7 p.m. in the Council Chambers. B) Second Reading of Ordinance No. 1470 being an Ordinance amending Ordinance No. 853, City Code of 1977, Being an Ordinance Regarding 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 adopt Ordinance No. 1470, being an Ordinance amending Ordinance No. 853, City Code of 1977, pertaining to Zoning and Development-Park Dedication. ¢) Public Hearing called for Revocation/Suspension of Rental Housing License at 1207-09 Circle Terrace Blvd. N.E. MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Joe Tohey Regarding Rental Property at 1207-09 Circle Terrace Blvd. N.E., in that the violations on the property have been corrected. 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 proposed maximum city levy for 2005. ALTERNATE MOTION: Move to waive the reading of Alternate Resolution 2004-29, there being ample copies available to the public. ALTERNATE MOTION: Move to adopt Alternate 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. 2) Approve Resolution to Modify Downtown Central Business District, Establish Huset Park Area TIF District, and Adopt Proposed TIF Plan MOTION: Move to adopt Resolution 2004-34, a Resolution Calling for a Public Hearing on August 9, 2004, at approximately 7:00 pm for the proposed adoption of a modification to the Downtown Central Business District, the proposed establishment of the Huset Park Area TIF District and the proposed adoption of a TIF Plan. B) Bid Considerations -none ¢) Other Business 1) Appoint Person to Planning and Zoning Commission MOTION: Move to appoint to the Planning and Zoning Commission for the remainder of the term to expire April, 2006. City Council Agenda June 28, 2004 · Page 4 of 4 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney Om 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 OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MINUTES JUNE 14, 2004 The following are the minutes for the regular meeting of the City Council 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. INVOCATION The invocation was provided by the Rev. Greg Loper, Ckn'istLife Evangelical Church CALL TO ORDER/APPOINTMENT OF SECRETARY PRO TEM/ROIJlJ CALl, The meeting was called to order by Mayor Wyckoff at 7:05 p.m. Motion by Nawrocki, seconded by Williams, to appoint Carole Blowers as Secretary Pro Tern. Motion passed unanimously. Roll Call: Present-Ericson, Kelzenberg, Nawrocki, Williams, and Wyckoff. 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.) Motion by Nawrocki to add the city's sanitary sewer backup policy to the agenda. Motion died for lack of a second. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS Proclamation - "Stand for Children Da¥"--June 19, 2004 A proclamation for "Stand for Children Day--June 19, 2004" was read by Meagan. Presentation - Humanitarian of the Year Bernie Szymczak, Esther Guzik, and Wally Logacz each read parts of the nomination on Fran Jensen, Humanitarian of the Year. Her nomination cited her many involvements in the city, including Sister Cities, Immaculate Conception Church, and her involvement in many city activities and activities for Poland. Fran Jensen thanked everyone for coming and who helped with the reception tonight. She also thanked the many people in Poland and here in the community who have supported the many projects she has been involved in. Presentation - Report of Activities Center Task Force, Mike Peterson and Gary Peterson Mike Peterson, 1425 Lincoln Terrace, School Board member and chair of the Activities Center Task Force spoke. He stated it will take a whole community to support this project. We have been working on this for the past two months, analyzing the NEI site and the current building. The NEI building is slated to be demolished soon. What should we put on this site? The Desigm Sub-Committee doesn't know which way to go. Maybe it should not come down as quickly as the city wants it to. The City currently has two gyms now. At NEI, there are mechanical system and asbestos problems. What use would this building have? Do we really need more gym space? The community needs to know if we really do need more gym space. If so, why do we want to tear down a building that has gym space? Gary Peterson, 3712 Lincoln Terrace also spoke on behalf of the task force. He stated there are numerous sub- City Council Agenda June 14, 2004 Page 2 of 14 committees within the task force such as the Needs Sub-Committee (who feel a total of four gyms are needed), the Public Relations Sub-Committee (who need direction on what to promote), and the Building/Site Sub- Committee (considering the Middle School site, the NEI site, the Huset Park site, and save the NEI site and rehab it). Gary asked what are the council's feelings on these items? Does the City want to go it alone and build their own gyms, or do they want support from the school board and vice versa? The school will be having a referendum this fall which is badly needed. He quoted the costs of $1.9 million to bring the NEI site up to code or $12.5 million to build the same kind of building at the same site. Sue Janoski, 4851 Jefferson, Site Design Sub-Committee member also spoke. She reiterated some facts, such as the cost the city bought NEI for ($600,000); the city is willing to spend $50,000 to have the asbestos removed; and CDBG funds received for demolition. There is an immediate need for gym space, so why destroy a building that has at least one useable gym? Why is it being torn down before it's all being discussed? Since it is the first choice of a site; why wasn't it offered to the school this spring? Why tear it down? The Mayor stated she thought the one gym was offered to the school. Dunwoody didn't want us using the building after it was sold to us. There are liability issues and a leak in the water pipes which resulted in having the water shut off, and there is no heat or air conditioning available in the building right now. It was stated there are liability issues on a new building as well. Again it was asked why we should tear down useable gym space when there isn't anything to replace it, if the building is torn down right now? What is the city willing to commit to and when? Councilmember Nawrocki stated he wants to work with the school district. It's ludicrous not to work with the school and continue this investigation. N.E. Milmeapolis is talking about a major multi-use building. The people we are supposed to be serving with the Recreation Program are the same kids in the schools. We must consider collaborative efforts as a way to look at this problem. The school district has a broader tax base than the city. He feels the city's decision to tear down NEI was a quick one. He realizes it will cost money to rehabilitate NEI. There is a post and beam construction at NEI, per Gary Peterson. You can take down walls no problem. It is a useable structure. Councilmember Ericson stated there were public hearings held on tearing NEI down. She asked, "Do you just want to use gym space until a new facility is up or do you want to keep NEI always"? Keith Windschitl, Recreation Directors, stated a big portion of the floor in the gym was replaced by Recreation and NEI staff. Then NEI said we could not use it. February was the end of winter sports or mid-way, so we didn't utilize it this year. The plumbing service line was broken, and the city decided not to replace it. Could not use the bathrooms then. Councilmember Kelzenberg stated the school is in dire straits financially. He personally does not approve of the way the school runs their gyms, i.e., they lost both of the state girls' tournaments. We should have the city run it instead of the school. He feels the city needs to provide a sanctuary for the kids and a safe one. The City Manager stated the abatement started today. In mid-July, the demolition will be started. Councilmember Williams stated the City is financially in trouble as well. He voted against tearing down NEI, as he, too, felt it was a premature decision. City Council Agenda June 14, 2004 Page 3 of 14 The Mayor mentioned Dunbar and Associates was contacted regarding building a new building on the NEI site. He was not interested in renovating NEI. Bob Streetar, Community Development Director, stated the CDBG monies were for the demolition. Money would go back to the county if we don't' use it for demolition. This project would not qualify under the current CDBG guidelines. We could apply again and be turned down. The consulting services did a report to bring the building up to code, and it would cost $1.951 million. Heating, cooling, water, asbestos, and gas all need to be brought up to code. It is complicated to heat just the gyms. The building was built in 1926. Notice to proceed has been granted for demolition. The City could be sued if we breach our contract with the demolition company. The Design Center at the University of Minnesota could advise how to best use that site--maximize the site. He has asked them, and they would be happy to help for free. They could work with the task force. There is approximately 119,000 square feet in that building. It is going to cost $25 a square foot to bring it up to code. A new structure is going to cost anywhere from $100-$120 a square foot. Gary Peterson stated he asked the county commissioner about the CDBG monies--it was given for this project to eliminate blight. It could be a library--take out walls and make 20,000 square feet for the library. It is not as bad as some people say. Mike Peterson again spoke and stated the ball is rolling. What are the needs--site needs, structure needs, financing that is affordable. A solution is needed. We are going in the right direction, but it takes time to educate the community along the way. Terry Reyes, 1479 N. Danube N.E., Fridley, spoke as a basketball coach--that this is a crisis that must be addressed right now. $7 million to put up two new gyms. Deb Johnson, 990 41st Avenue N.E. felt this item should have been on the agenda later. She stated that general education requirements are important too--not just physical requirements. Motion by Nawrocki, seconded by Williams, that staff be directed to talk to the contractor under which circumstances that they would be willing to delay the contract or terminate the contract. Roll call vote: Ericson: No; Kelzenberg: No; Nawrocki: Yes; Williams: Yes; Wyckoff: No. Motion failed. Recognition - Destination Imagination Team--Columbia Heights Middle School Destination Imagination, a creative group formed at various schools. They are provided supplies and props and five minutes to prepare a skit; two minutes to present. The Columbia Heights Middle School's Destination Imagination Team placed 9th worldwide out of 48 worldwide teams! Congratulations! Nancy Kaldor, Superintendent was present. Nawrocki stated that the revised community survey questions were 75% better. Introduction of New Employees -none CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) Nawrocki asked to have items 4, 5, 6, and 7 relating to employee salary and fringe benefits adjustments for AFSCME, Teamsters-Sergeants, Non-Union Supervisory, and Non-Union Essential/Confidential employees be removed from consent and are discussed in more detail after the following consent items: City Council Agenda June 14, 2004 Page 4 of 14 Motion by 1) Williams, seconded by Kelzenberg to approve the consent agenda items as follows: Approve City Council Meeting Minutes for the May 24, 2004, regular Ci_ty 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 3) 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. The City Manager stated that the Huset Park Plan, Inflow/Infiltration Ordinance Revision and the Industrial Area Redevelopment Plan would be on the next work session. The Mayor added we should discuss the opening on the Planning and Zoning Commission. Councilmember Nawrocki asked if the survey from the City of Bloomington would be included in the infonnation provided on the Inflow/Infiltration Ordinance Revision. 4) 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 42nd 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 42na Avenue N.E. The City Manager stated that the hearing date for 936-938 42nd needs to be pulled from tonight's agenda. 5) 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. 6) Authorize 1.4 Mile "Fun Run" from 45th and Central to City Hall Prior to Jamboree Parade on June 7) 8) 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. 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. 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 City Council Agenda June 14, 2004 Page 5 of 14 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. Bob Streetar, Community Development Director, was on hand for questions from the council. It was asked how much was the city getting for the K-Mart and Industrial park parcels ($750/unit). 9) 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 $46,634.73 available as reimbursement for eligible expenses. Jean Kuelm, Special Projects Coordinator, was available for questions, and noted that BFI is now supplying us with recycling bins instead of the city purchasing them. 10) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for June 14, 2004, as presented. 11) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 108438 through 108840 in the amount of $1,098,448.91. The following items pulled from the consent agenda were then discussed. Adopt Resolution/Approve the 2004-2005 AFSCME Labor Agreement Linda Magee, Assistant to the City Manager/Human Resources Director was available to answer any questions the council had. Councilmember Nawrocki asked where Columbia Heights is in the Stanton Survey? Magee stated Columbia Heights falls in Stanton Group 6, but not all positions are reflected in the Stanton Survey. Wage increases of other cities, including Stanton 6 cities, range between 2-3%. We also need to consider compliance with pay equity. Nawrocki asked how do we compare with other cities? Magee stated we have been, and still are, on the low side. Councilmember Williams questioned the health hasurance. Magee stated that full time employees receive up to $535 per month towards insurances. Health insurance premiums went down 3% in 2004. Williams asked for an explanation of the wage schedule. Magee stated AFSCME's wage schedules reflect entry, six months, one year, two year, three years, and four years amounts. Employees move through the schedule based on satisfactory performance, and once an employee reaches four years, they only get whatever cost of living raise is approved. Motion by Williams, seconded by Kelzenberg to move to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. Motion by Williams, seconded by Kelzenberg 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. Motion passed unanimously. City Council Agenda June 14, 2004 Page 6 of 14 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 teclmical employees of the City, and the Cityfs 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 14th day of June, 2004. Adopt Resolution/Approve 2004-2005 Salary & Fringe Benefit Adiustment for Teamsters-Sergeants Linda Magee, Assistant to the City Manager/Human Resources Director explained we did go to mediation with the Sergeants Union, mad this proposal is a result of the mediation. Motion by Williams, seconded by Ericson, to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. Motion by Williams, seconded by Ericson, 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. Motion passed unanimously. 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 City Council Agenda June 14, 2004 Page 7 of 14 BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 14th day of June, 2004. Adopt Resolution/Approve 2004-2005 Salary & Fringe Benefit Adjustment for Non-Union Supervisory_ Employees Motion by Kelzenberg, seconded by Williams, to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. Motion by Kelzenberg, seconded by Williams, 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. Motion passed unanimously. RESOLUTION 2004-30 ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING 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 annual 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 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 through the salary range is contingent upon satisfactory performance oft he employee. Passed this 14th day of June, 2004. Adopt Resolution/Approve 2004-2005 Salary & Fringe Benefit Adjustment for Non-Union Essential and Confidential Employees Motion by Kelzenberg, seconded by Williams, to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. Motion by Kelzenberg, seconded by Williams 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. Motion passed unanimously. City Council Agenda June 14, 2004 Page 8 of 14 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 annual 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 annually reviews the Employer's share for various insurance programs for its non-unionized 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 14th day of June, 2004. Councilmember Nawrocki asked Linda Magee what other union contracts are still left to be settled. Magee replied that the Teamsters--Officers are left, and they have filed for arbitration. The Firefighters were given the city's best and last offer, and Magee believes they were voting on it tonight. The Public Managers Association has voted on the city's best and last offer, and she is awaiting formal notice of the results when the President of that union returns from vacation. The International Union of Operating Engineers will be given the city's best and last offer tomorrow, and they can either accept it or file for mediation. They have the right to strike. Mayor Wyckoff asked Linda Magee how long she has worked for the city (22 years), and complimented her for her good work in settling all the union contracts in the city. PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 3849-51 Central Avenue N.E. Motion by Mayor Wyckoff 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. Adopt Resolution Authorizing Reallocation of CDBG Funds From Sale of House at 4607 Tyler Street to Eligible Activities for Redevelopment of NEI Site Bob Streetar, Community Development Director, and Randy Schumacher, Assistant Community Development Director were available to the council for questions. Councilmember Nawrocki asked if the EDA approved the City Council Agenda June 14, 2004 Page 9 of 14 asbestos removal and abatement. Streetar acknowledged it was approved in April. Motion by Nawrocki, seconded by Williams, to waive the reading of Resolution 2004-33, there being ample copies available to the public. Motion passed unanimously. Motion by Nawrocki, seconded by Williams, to adopt Resolution 2004-33, authorizing reallocation of Cormnunity Development Block Grant Funding to be used for proposed CDBG eligible activities for the redevelopment of the NEI site. Motion passed unanimously. 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 (HUD) monitors and establishes criteria for the use of CDBG and HOME funds; and WHEREAS, the City of Columbia Heights is requesting a reallocation of CDBG funds from 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 comment on the proposed change; and WHEREAS, the City Council must hold a public hearing and consider a resolution to reallocate the funds; and WHEREAS, the Anoka County HRA Board must in turn approve the reallocation request, after which the funds will be immediately 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 Community 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 fraud, bribery, graft, kickbacks, collusion, conflict of interest or unlawful or corrupt practice; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights, Minnesota has authorized staff to pursue the reallocation of these CDBG funds to be used for proposed CDBG eligible activities for the redevelopment of the NEI site; and ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Resolution Providing 2005 Budget Preparation Guidelines, Adopting a Proposed Maximum Budget, and Setting the Proposed Maximum City Levy for 2005 Bill Elrite, Finance Director, reviewed the following resolution with the council. City Council Agenda June 14, 2004 Page 10 of 14 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 impairment from 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 year 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. The Finance Director summarizes that basically what it boils down to is a 14% property tax increase for 2005. The city had a $550,000 loss of LGA funds last year. Mr. Elrite stated it is being proposed to have a three year budget freeze. The City Manager explained that we must keep our public safety departments, general operations staff, and inspection staff intact. He stated that three people recently left the Finance Department, and the Payroll Clerk and the Assistant Finance Director positions will be filled soon. We have an older housing stock and we need to keep the inspection staff. Perhaps private funds should be raised for a library and gym space. Last year, we have done without 12 positions that were vacated. City Council Agenda June 14, 2004 Page 11 of 14 Councilmember Nawrocki stated he wants see alternatives to the budget. We need to downsize government; from the federal level on down. He stated the 14% increase in taxes last year in reality became 20%. We need to take a harder look at how money is actually going to be spent. In the past, when we set the levy, we always stayed at the maximum--we never came down in the last two years. We just can't keep raising the taxes, even though we are one of the lowest taxed cities. May have to take a look at the services we have become accustomed to. Councilmember Williams stated he was troubled by this proposal; that we need to think out of the box. He is not ready to vote on this tonight. Councihnember Kelzenberg stated we need to look at Murzyn Hall and not continue to have a $100,000/year loss. Mayor Wyckoff stated maybe we should consider some of the ideas given by employees to the council over a year ago (i.e., cut out Jamboree, make the public library a county library). It was reiterated that new revenues are needed (franchise fees, bar fees, Parkview South). The City Manager stated he has contacted Don Salverda, who previously has led the city council and division heads at a goal setting session to do the same thing again. Mr. Salverda's proposal should be received within the week. Motion by Williams, seconded by Ericson, to table this item until the next meeting, and discuss at the next work session. Motion passed unanimously. Adopt Emergency Ordinance No. 1471, Imposing a Moratorium on the Use of Property in Industrial Park Master Plan Motion by Williams, seconded by Ericson, to waive the reading of Emergency Ordinance # 1471, there being ample copies available to the public. Motion passed unanimously. Councilmember Nawrocki asked a question about maintenance issues. Motion by Williams, seconded by Ericson, 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. Motion passed unanimously. 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 planning 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 plamaing process to determine the highest and best use of industrial zoned properties and to develop an implementation plan/development agreement; and, City Council Agenda June 14, 2004 Page 12 of 14 Section 3: In an effort to protect the strategic planning process, and the health, safety, and welfare of the public, the Columbia Heights City Council 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, and 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 Avenue NE; Effective July 8, 2004 and terminating in six months, and recognizing 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 Plmming and Zoning Commission, or requiring a building permit. 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. Passed this 14th day of June, 2004. Bid considerations--none. Other Business-none. ADMINISTRATIVE REPORTS Report of the Ci_ty Manager Upcoming Work Session Items previously discussed under consent item #3. Councilmember Nawrocki asked about 3808 Reservoir Avenue: The City Attorney reported the citation is in the court system; first appearance. The pre-trail is in July. He also asked about 3906-3906 ½ Reservoir Avenue: Fehst felt it had been cleaned up vastly. Nawrocki stated there were still tree stumps in the middle of the yard. The resident has a permit and is working on it; main things are being accomplished. Report of the City Attorney--none. 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 cormnents to five minutes.) Tom Sherohman, 4153 6th Street, spoke on the upcoming benefit for the Library Foundation. The movie, "Wrongfully Accused" will play at Heights Theater on June 26th . This movie was written by Pat Proft, local Columbia Heights resident, and will be shown at 1 p.m. There will also be a silent auction from noon to 1 p.m. The actual poster prompt in the movie--Ryan Harrison at the Columbia Heights Symphony Hall was shown to the council. The upcoming benefit will have a "picnic" theme. Tickets can be purchased from the switchboard operator, at Bobby & Steve's, and from Mayor Julimme Wyckoff. Harold Hoium, 5th Street, complained about a number of thing in the city and mentioned that Anoka County valued his property at $80,000 four years ago and now values it at $100,000. He stated that's a 24% tax increase and wanted to know what did you get for that kind of tax increase? We need to promote the city in a positive way and do something about the negative things. We need to keep the streets clear, so emergency vehicles can get through. City Council Agenda June 14, 2004 Page 13 of 14 Deb Johnson, 990 41st Street. Deb stated she has lived in Columbia Heights for 35 years. She feels the city has changed for the good. However, she would not look to move here if she hadn't lived here for so long. We tend to overlook things as they are happening. Rental housing--inspections are numerous. Revocations are regular at the meetings. Things go on for months before anything happens. City of St. Paul has prostitution shame sheets, we should have these for the rental owners. Should have a much speedier process for revocation; owners can do a band-aid fix up approach. Have someone independently move them on out--take this responsibility off the Fire Department. COUNCIL CORNER W¥ckoff: * She has talked with all the council members and some want to do away with council comer. Many feel Nawrocki monopolizes this. She reminded councilmembers that at any point during this section of the meeting, a motion to adjourn could be entertained. * There will be no July or August "Wednesday Nights With the Mayor" at the Library. * A LaBelle Park clean up committee meeting will be June 15th at noon. The clean up is scheduled for noon on June 22nd' Nawrocki: * He has had his life threatened, people feel he is threatening, intimidating; and he has been called every name in the book. He has been harassed by the Mayor. Should he get an attorney? * He doesn't like playing games with council comer. Under Robert's Rules of Order, we used to have "Old Business" and "New Business" sections of the agenda and now we don't. So, there really isn't a good place for him to bring up the questions he has to ask other than council comer. He believes in open govermment, and with half of the community having cable, it is a good avenue to get resident questions out in the open. * In the green sheet last week, there was a hearing with names who attended. He wondered what comments did they make? Fehst stated Kevin Hansen would make a report in the upcoming green sheet. * Columbia Heights homes are selling pretty fast. He is aware that we are the next to lowest taxed city and we need a long term plan. * Discussed a developer in Cambridge who is paying $1,800 per unit for SAC/WAC charges. Maybe we should take another look at our charges for these fees. Ericson: * The city has many challenges. We should focus on them. place. * The summer reading program at the library is a great one. * Wished Councilmember Williams a belated birthday. We all want the community to be a better Williams: * We are a great i~mer city and we are moving ahead. * He attended a Memorial Day service this past Memorial Day and then ended up at the VFW, where he met some very nice residents. * We need to continue to pray for health, peace, and prosperity for our city. Kelzenberg: * Congratulated his son's basketball team on their last tournament games. City Council Agenda June 14, 2004 Page 14 of 14 ADJOURNMENT Motion by Mayor Wyckoff to adjourn the meeting at 10:58 p.m. Respectfully submitted, Carole J. Blowers, Secretary Pro Tem COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES June 1, 2004 The meeting was called to order by Chair, Barbara Miller, at 7:00 p.m. Those members present were Barbara Miller, Nancy Hoium, Patricia Sowada, Audrey Hyatt, Julienne Wyckoff, Catherine Vesley, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the May 4, 2004, Board meeting as mailed. Bill list dated 6/14/04 was reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. Library Clerk, Joanne Peterson, was introduced to the Board. Joanne shared information about her background in libraries and her first few weeks of training. The Board each introduced themselves and gave their history on the Library Board and welcomed Joanne to the staff. Old Business: 1. ILS update was provided. The next meeting of the ILS committee is on June 2. Becky will attend this meeting. A site visit by the consultant hired to produce the RFP will take place on Thursday, June 3. Becky has a presentation to give at the Golden Age Luncheon, so Jeanine will attend the meeting on Thursday in her place. Becky will meet with Heather and Bev at a later time to discuss costs. 2. Xcel lighting progrmn has been completed. The difference in the Adult Reading Room is phenomenal. All the proper paperwork has been processed. Recycling of the 8 ft. fluorescent bulbs and the hazardous ballasts will be completed soon. The Board was invited to view the project and see the difference after the meeting. 3. Parade update was given. The Board viewed the advertisement that will go in the Jamboree Program. Sign up sheet has been posted for staff to volunteer. The Foundation Board will also participate in the parade. Participants will distribute bookmarks m~d window clings. Audrey will supply the water, and participants are asked to meet at the library at 5:30 on parade day. Participants will leave the library at 5:45 to proceed to the staging area. We will kmow soon what number we have for lineup. 4. NEI/gym taskforce update. The Board reviewed and discussed the information provided from the Town Meeting notes of April 22, 2004. Issues discussed included: funding, planning, and architectural possibilities. Juliem~e reminded everyone that on Sunday, June 6, 2004, there will be an open house at the old high school begimfing at 1:00 p.m. This will be the final time that the public is allowed in the building.. 5. 2005 budget preparations were discussed. There has been a further cut in local government aid proposed for 2005. At a budget meeting with the Division Heads and the City Manager on 5/28/04, staff was directed to prepare two documents. One is a flat-line budget and one with a 10% cut across the board. The date for submission of the proposed budgets to finance has been put off one week to June 21. The street repairs and infrastructure replacement on Jackson, Quincy and VanBuren streets this summer was discussed. Julienne wanted the Board to know that she has been discussing a facility on 37th and University with Paul Ostrow and the residents of NE Minneapolis. The joint City Council/Library Board budget meeting will take place on Monday, October 18. Becky would like to express her thanks to Julienne for being an avid advocate for the library and the community. ~ 6. Foundation benefit report was given. The Board members are soliciting donations from local businesses. Those businesses that donate will be recognized on the back of the benefit program. Silent auction items were reviewed. There are approximately 11 items that will be auctioned off that day. Bidding begins at noon on Saturday, June 26, and ends at 1:15 p.m. The film is scheduled to be shown at 1:00 p.m. All activities take place at the Heights Theatre. 7. Town Meeting responses were discussed earlier during the NEI/gym task force discussion. New Business: 1. Results of the booksale were shared with the Board. 2. Replacement hub for the automated circulation system was purchased and installed. 3. Personnel update was provided. Three page resignations have been submitted, Jexmy Niznik, Ben Pressler, and Beth Gilles. These resignations along with the already vacant position have staff down by 4 pages. Becky has obtained permission to hire former page, Jenna Stromquist, to work the summer schedule. Staffing issues will have to be reviewed to hire replacements for the fall schedule. 4. Carpet and upholstered chairs have been cleaned. The upholstered chairs are being redone, since the first cleaning was not satisfactory. Activity room floors were buffed, and the new mats were installed after the carpeting was cleaned. 5. Summer flyer for Children's Department activities was distributed. 6. Crossover statistics for March 2004, and April 2004 were reviewed. 7. Thank you to Friends was reviewed. 8. The Humanitarian of the Year has been named. Fran Jensen will be honored at a reception on June 14 from 6:00-7:00 p.m. in the Conference Room at City Hall. 9. Decision Resources Inc. will be used by the City and ISD #13 to conduct a City wide sUrVey concerning the redevelopment of the NEI site and needs for gym space. 10. The street repairs on Jackson Street and assessment funding issues were discussed. 11. The trees marked for removal prior to street reconstruction were discussed. The trees will be taken down to widen the street and to accommodate other reconstruction requirements. New trees will be planted once the construction is completed. 12. Pat Sowada will not be at the July 6 regular Library Board Meeting. There being no further business the meeting was adjourned at 8:35 p.m. Respectfully submitted, Jeanine M. Schmidt Secretary to the Library Board of Trustees. The City'of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights services, programs, and activities. OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION MAY 3, 2004 Chairperson Carlson called the meeting to order at 6:00 p.m. I. ROLL CALL Members Present: Anderson, Carlson, Goodman, Stumpf, Sturdevant Council Liaison: Kelzenberg Staff Present: Kathy Young, Assistant City Engineer Tom Johnson, Police Chief II. APPROVAL OF FEBRUARY 2, 2004 MINUTES Motion by Sturdevant, second by Goodman, to approve the minutes of February 2, 2004. Motion carried unanimously. HI. OLD BUSINESS Staff updated the Commission regarding the request to modify the street striping in front of 1605 37th Avenue. No decision has been made on this request. The City Council tabled the item until discussion could be held with the City of Minneapolis. IV. OTHER OLD BUSINESS None V. NEW BUSINESS REQUEST TO ADDRESS TRAFFIC SPEED ON VAN BUREN STREET FROM 37TM AVENUE TO 39TM AVENUE AND IN THE ALLEY' BETWEEN VAN BUREN STREET AND CENTRAL AVENUE. At the Public Improvement Hearing for the 2004 Street Construction projects, several residents expressed concern about the traffic speed on Van Buren Street fi-om 37th Avenue to 39th Avenue and in the alley between Van Bttren Street and Central Avenue. Ms. Wendy Howell of 3711 Van Buren Street addressed the Commission stating her concern with the speed of traffic on Van Buren Street from 37th to 39th and in the alley between Van Buren Street and Central Avenue. She recommended several possible solutions to the speed problem. Removable speed bumps Making the alley "one way" north to south Posting signs that state "not a thru street" Official Proceedings Columbia Heights Traffic Commission May 3, 2004 Page 2 Fencing behind Olive Garden parking lot and alley Mr. William Johammech of 3713 Van Buren Street was also present and was in agreement with the concerns over speed in the alley expressed by Ms. Howell. Commissioner Carlson responded that speed bumps are a problem as the City would be held responsible in case of injury. Commissioner Sturdevant wondered whether the increased traffic in the area was due to work being done on Central Avenue. Ms. Howell indicated speed in the area had been an ongoing problem. Commissioner Sturdevant also stated the businesses might object to the alley being changed to a "one way". Maybe "left mm only" signs could be placed at those businesses so that traffic could not go north in the alley. Commissioner Carlson suggested that the speed trailer be set up and recommended a letter be sent to the residents in the area as a reminder of the 10 mph speed limit and that the alley will be monitored and speed limit enforced. Ms. Howell also requested "10 mph" signs be added at each end of the alley. Chief Johnson agreed to set the speed trailer in the alley and on Van Buren Street and will ask the officers to drive the area. He will report back to the Cmm-nission at the next meeting. Motion by Sturdevant, second by Goodman, to place the speed trailer on Van Buren Street from 37th Avenue to 39th Avenue and in the alley between Van Buren Street and Central Avenue and follow up with a letter to residents in the area once the speed survey results are known. Motion carried unanimously. VI. OTHER NEW BUSINESS Immaculate Conception has requested up to 6 temporary handicap parking spaces be permitted on the west side of Jackson Street during the week surrounding the church's Fun Fest which is the first weekend in August. The Fun Fest is set up in the church's parking lot and those handicap spaces are not accessible during that week. Motion by Sturdevant, second by Anderson, to recommend to the City Council that up to 6 temporary handicap parking spaces be permitted mmually on the west side of Jackson Street, south of 41st Avenue fi'om the Wednesday prior to Fun Fest at I~runaculate Conception Church until Tuesday after. Motion carried unanilnously. Official Proceedings Columbia Heights Traffic Commission May 3, 2004 Page 3 VII. REPORTS VIII. A. CITY ENGINEER 1. PARKING ON JACKSON STREET SOUTH OF 40TM AVE. Staff showed the proposed layout for the curb and gutter on Jackson Street next to the Library. A "bump out" has been provided on each side for parking (similar to the parking on the west side of Central Avenue). The street has been widened from 31' (back of curb to back of curb) to 40' fi:om the alley to 40th Avenue. Motion by Anderson, second by Stumpf, to approve the plan as proposed. Motion carried unanimously. B. POLICE CHIEF Police Chief Johnson updated the Commission on the volume of moving violations in the City over the past year. C. COMMISSIONERS None. ADJOURNMENT Motion by Sturdevant, second by Goodman to adjourn the meeting at 6:45 p.m. Motion carried unanimously. ~tt~fully sub~~ Jomme Baker Traffic Commission Secretary OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS TRAFFIC COMMISSION JUNE 7, 2004 Chairperson Carlson called the meeting to order at 6:00 p.m. I. ROLL CALL II. Members Present: Anderson, Carlson, Goodman, Stumpf, Sturdevant Council Liaison: Bruce Kelzenberg Staff Present: Kathy Young, Assistant City Engineer Bill Roddy, Police Captain APPROVAL OF MAY 3, 2004 MI2qUTES Motion by Sturdevant, second by Goodman, to approve the minutes of May 3, 2004. Motion carried unanimously. III. OLD BUSINESS TRAFFIC SPEED ON VAN BUREN STREET FROM 37TM AVENUE TO 39TM AVENUE AND IN THE ALLEY BETWEEN VAN BUREN STRET AND CENTRAL AVENUE. Captain Roddy indicated the speed trailer was placed in the alley on two different days. There were no speeds high enough to register on the trailer. Four different days the trailer was placed on the street. The average speed was between 25 and 29 mph. With these results, there does not seem to be a speed problem in the area. Signs are posted "10 mph" at each end of the alley. Letters with the results of the speed trailer survey will be sent to those residents who expressed concern over speed in the area. OTHER OLD BUSINESS None. NEW BUSINESS REQUEST FOR STOP SIGNS ON 39TM AVENUE BETWEEN POLK AND TYLER STREETS. A request was received fi'om 3820 Jolmson Street with a concern over the lack of traffic control at the intersections of 39th Avenue with Tyler and Polk Streets. An e-mail was also received from the resident of 3856 Reservoir Blvd. requesting stop signs and placement of the speed zone trailer on 39th Avemte. Official Proceedings Columbia Heights Traffic Con2nission June 7, 2004 Page 2 The issue of speed and request for stop signs has come before the Traffic Commission on several occasions in the past. Staff is in the process of compiling several years of background information at the intersections to judge if this may be a potential problem area and deten~aine whether a more detailed traffic study is needed. Staff has looked at the warrants for stop signs and has determined the areas do not meet those requirements for installation of stop signs. However, staff is concerned with the number of requests for signage in this area and suggested a thorough engineering study be conducted. Commissioner Carlson indicated he thought it would be a waste of time to conduct another study. Captain Roddy presented accident information over the past three years. There were three accidents in the area. Only one of those accidents was intersection related. Captain Roddy indicated that the angle of the intersection gives motorists the idea that those traveling on 39th Avenue have the right-of-way over Polk Street motorists. Motion by Sturdevant, second by Stumpf, to table a traffic study in the area of 39th Avenue between Tyler and Polk Streets and direct staff to gather background information on other requests in the past, including traffic and speed counts, to be presented at a future meeting. Motion carded unanimously. REQUEST BY RESIDENTS AT 1440 AND 1425 MOLAN TERRACE TO PAINT THE TURN-AROUND CURBING YELLOW IN THE CUL- DE-SAC ON MOLAN TERRACE DUE TO PARKING PROBLEMS. Howard and LaVone Seim of 1425 Molan Terrace and Phil and Helen Kersh of 1440 Molan Terrace were present to request that a parking problem in the cul-de-sac adjacent to their properties be resolved. Individuals are using the turn-around for parking to attend events such as games, practices or other activities at Ramsdell Park. Parking is available on Johnson Street or the school parking lots next to the park. As the City does not paint yellow curb in cul-de-sacs, "no parking" signage was suggested for the turn-around area. A public heating would be needed before any signage could be installed. Motion by Goodman, second by Sturdevant to call a Public Heating for June 28th at 6:00 p.m. for the installation of"no parking" signs east of 1425 and 1440 Molan Terrace in the cul-de-sac where the circle starts. Motion carried unanimously. Official Proceedings Columbia Heights Traffic Commission June 7, 2004 Page 3 VIII. VI. OTHER NEW BUSINESS None. VII. REPORTS A. CITY ENGINEER A handicap parking sign has been requested and installed at 4904 6th Street N.E. B. POLICE CHIEF C. COMMISSIONERS Staff indicated that no decision has been made on the request to modify the street striping in lkont of 1605 37th Avenue. The City Council tabled the item and the City Engineer is continuing to work with the City of Mirmeapolis regarding this request. ADJOURNMENT Motion by Stumpf, second by Goodman, to adjourn the meeting at 6:45 p.m. o~~e ~aker~fully Sub~ Traffic Commission Secretary CITY COUNCIL LETTER Meeting of: June 28, 2004 AGENDA SECTION: CONSENT ORIGINATING CITY ) DEPARTMENT: MANAGER'S NO: ~· /4, -~> CITY MANAGER'S APPROVAL ITEM: ESTABLISH NEXT WORK SESSION DATE BY: WALT FEHST BY: DATE: NO: DATE: 6-24-04 The next work session date needs to be established Since July 4th falls on a Sunda it il ul m · . ~,~ · j . y, w 1.be celebrated on Monda J ty 5 , and C~ty offices wall be closed July 5 . Therefore, a work sessmn should Be estabhshed for Tuesday, July 2004, at 7 p.m. ~n Conference Room 1 at City Hall. RECOMMENDED MOTION: Move to establish a work session meeting date for Tuesday, July 6, 2004, beginning at 7:00 p.m. in Conference Room 1. COUNCIL ACTION' I CITY COI/NCIL LETTER Meeting of: June 28, 2004 The current labor agreement between the city and the International Association of Firefighters, representing Firefighters, terminated on December 31, 2003. Negotiations between the City's negotiation spokesperson and IAFF have resulted 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 Holidays: Effective January 1, 2005, addition of Christmas Eve as a premium holiday. Deferred Compensation: Employer shall pay on a dollar-for-dollar matching basis; $300 per full-time employee for 2004; $300 per full-time employee for 2005. (2003=$300) Attached is a resolution which would adopt and establish the changes as negotiated for calendar year 2004 and 2005. Also attached is a copy of the new contract language incorporating the changes. RECOMMENDED MOTION: Move to waive the reading of Resolution 2004-35, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-35, regarding the Labor Agreement between the City of Columbia Heights and the International Association of Firefighters, effective January 1, 2004- December 31, 2005. COUNCIL ACTION: RESOLUTION 2004-35 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1216 WHEREAS, negotiations have proceeded between the International Association of Firefighters (IAFF), Local 1216, representing Firefighters of the City, and the Cityf 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 IAFF 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: Julienne Wyckoff, Mayor Carole J. Blowers, Secretary Pro Tern CITY OF COLUMBIA HEIGHTS PROPOSAL TO IAFF (FIREFIGHTERS) May 28, 2004 16.3 ARTICLE XVI HOLIDAYS Employees required to work any of the following eight holidays: New Years Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Fora-th of July, Labor Day, and Veterans Day shall receive an additional one-half time for each hour they work on such holiday. Effective January 1, 2005, employees required to work any of the following nine holidays: New Years Day, Martin Luther King Day, Presidents Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Veteran Day, and Christmas Eve shall receive an additional one-half time for each hour they work on such holiday. 18.1 18.2 18.3 18.4 ARTICLE XVIII INSURANCE The EMPLOYER will contribute up to a maximum of five hundred thirty-five dollars ($535) per month per (permanent and probationary full-time) employee for calendar year 2004 for employee life insurance and group health insurance (including dependent coverage). The EMPLOYER will contribute up to a maximum of five hundred fifty-five dollars ($555) per month per (permanent and probationary full-time) employee for calendar year 2005 for employee life insurance and group health insurance (including dependent coverage). 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 and life insurance dollars in 18.1 and 18.2 for dental insurance for all unit employees. Employees not choosing dependent coverage cannot be covered at EMPLOYER expense for any additional insurance than the individual group health and group life insurance. Additional life insurance can be purchased by the employee at the employee's expense to the extent allowed trader the EMPLOYER's group policy. 23.1 ARTICLE XXII DURATION This AGREEMENT shall be effective as of the first day of January, 2004, unless otherwise noted, and shall remain in force and effect until the thirty-frrst day of December, 2005 In the event a new contract is not agreed upon by December 31 of the bargaining period, the existing AGREEMENT shall remain in force until such new AGREEMENT is agreed upon. 4. WAGES 24.1 Effective July 1, 2004: After Classification: Firefighter Start to Six Months Six Months Twelve Months Twenty-Four Months Thirty-Six Months Forty-Eight Months Sixty Months Seventy-Two Months After Classification: Captain Start to Six Months Six Months Twelve Months 40-Hour 56-Hour Level Work Schedule Work Schedule Recruit Firefighter $16.32/hour 65 % of Journeyman Firefighter rate Recruit Firefighter I $17.57/hour 70 % of Journeyman Firefighter rate Recruit Firefighter II $18.83/hour 75 % of Journeyman Firefighter rate Recruit Firefighter III $20.08/hour 80 % of Journeyman Firefighter rate Firefighter I $21.34/hour 85 % of Journeyman Firefighter rate Firefighter 1I $22.59/hour 90 % of Journeyman Firefighter rate Firefighter III $23.85/hour 95 % of Journeyman Firefighter rate Journeyman Firefighter $25.10/hour Level Captain I (96 % of Captain III) Captain II (98 % of Captain III) Captain III 40-Hour Work Schedule $26.10/hour $26.65/hour $27.19hour $11.65/hour $12.55/hour $13.45/hour $14.34/hour $15.24/hour $16.14/hour $17.03/hour $17.93/hour 56-Hour Work Schedule $18.64/hour $19.03/hour $19.42/hour 24.2 Effective January 1, 2005: After Classification: Firefighter Start to Six Months Six Months Twelve Months Twenty-Four Months Thirty-Six Months Forty-Eight Months Sixty Months Seventy-Two Months After Classification: Captain Start to Six Months Six Months Twelve Months 40-Hour 56-Hour Level Work Schedule Work Schedule Recruit Firefighter $16.64/hour 65 % of Journeyman Firefighter rate Recruit Firefighter I $17.92/hour 70 % of Journeyman Firefighter rate Recruit Firefighter II $19.20/hour 75 % of Journeyman Firefighter rate Recruit Firefighter IH $20.48/hour 80 % of Journeyman Firefighter rate Firefighter I $21.76/hour 85 % of Journeyman Firefighter rate Firefighter II $23.04/hour 90 % of Journeyman Firefighter rate Firefighter III $24.32/hour 95 % of Journeyman Firefighter rate Journeyman Firefighter $25.60/hour Level Captain I (96% of Captain III) Captain II (98% of Captain III) Captain III 40-Hour Work Schedule $26.62/hour $27.18/hour $27.73/hour $11.89/hour $12.80/hour $13.72/hour $14.63/hour $15.55/hour $16.46/hour $17.38/hour $18.29/hour 56-Hour Work Schedule $19.02/hour $19.41/hour $19.81/hour 24.3 Employees shall successfully complete professional qualifications in order to be advanced to the next highest pay level within their classification. 24.4 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 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 28 2004 PERTAINING TO CABLE RENEWAL BY: LINDA L. MAGEE/. NO: DATE: 06-22-04 On February 3, 2004, Comcast submitted a letter to the City invoking the renewal procedure set forth in Section 626 of the federal Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546 (the "Cable Act" ). Section 626(a) (1) of the Cable Act, 47 U.S.C. § 546(a) (1), provides that if an appropriate written renewal request is submitted by a cable operator during the 6-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising authority shall, within six months of the request, commence a proceeding to identify the future cable-related community needs and interests, and to review the performance of the cable operator under the franchise during the then current franchise term. Comcast's February 3, 2004, letter was submitted during the 6-month window specified in the Cable Act, and the City must therefore commence the requisite renewal proceeding. As indicated above, the § 626(a) (1) proceeding entails ascertaining the community's cable- related needs and interests and reviewing Comcast's performance under the current franchise. There is no statutory deadline for completing the needs ascertainment and past performance proceeding. While the City follows the formal renewal procedures in the Cable Act, it may concurrently pursue renewal with Comcast pursuant to the informal renewal process described in § 626(h) of the Cable Act, 47 U.S.C. § 546(h). The informal renewal process essentially involves contract negotiations. It is advisable to conduct a needs ascertainment and past performance review in conjunction with the informal franchise renewal process. The Cable Act's formal and informal renewal provisions are attached to this letter for your review. Also attached is a memo from Stephen Guzzetta, the City's attorney for cable related matters, outlining the cable franchise renewal process. Resolution No.2004-36, which is attached and recommended for adoption by the City Council, would satisfy the Cable Act's requirement to commence a needs ascertainment and past performance proceeding within six months of receiving Comcast's formal renewal letter. The resolution authorizes the City Manager or his designee to perform all steps necessary or desirable to conduct the necessary proceeding. At the same time, Resolution No. 2004-36 authorizes the City Manager or his designee to engage in informal renewal negotiations with Comcast, if desired. Accordingly, Resolution No. 2004-36 provides the City with the flexibility to conduct the franchise renewal process in the manner that best protects and advances the public interest. The City's Telecommunications Commission considered Resolution No. 2004-36 at its May 20, 2004, meeting and recommended approval. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2004-36, being a Resolution Concerning the Commencement of Renewal Proceedings Under the Cable Communications Policy Act of 1984, As Amended. COUNCIL ACTION: RESOLUTION NO. 2004-36 A RESOLUTION CONCERNING THE COMMENCEMENT OF RENEWAL PROCEEDINGS UNDER THE FEDERAL CABLE COMMUNICATIONS POLICY ACT OF 1984, AS AMENDED WHEREAS, the City of Columbia Heights, Minnesota, ("City") adopted Ordinance No. 1202, amending Ordinance No. 853 (collectively, the Cable Communications Franchise Ordinance set forth in Chapter 11 of the City Code ("Franchise Ordinance")) on or about June 25, 1990, authorizing Teleprompter of Columbia Heights/Hilltop, Inc. d/b/a Cable T.V. North Central to construct, operate and maintain a cable system within the territorial limits of the City ("Franchise"); and WHEREAS, as a result of several transfers of the Franchise, Comcast of Mim~esota, Inc. ("Comcast") is the current holder and owner of the Franchise; and WHEREAS, by the tenx~s of the Franchise Ordinance, the Franchise is scheduled to expire on November 9, 2006; and WHEREAS, by letter dated February 3, 2004, from Comcast to the City, Comcast invoked the formal renewal procedure set forth in Section 626 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546 (the "Cable Act"); and WHEREAS, Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), provides that if an appropriate written renewal request is submitted by the cable operator during the 6-month period which begins with the 36th month before franchise expiration and ends with the 30th month prior to franchise expiration, a franchising attthority shall, within six months of the request, commence a proceeding to identify the future cable-related corm~lunity needs and interests, and to review the performance of the cable operator under the franchise during the then current franchise tenr~; and WHEREAS, the City is desirous of commencing the renewal proceedings specified in Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1) and, at the same time, of also considering the possibility of pursuing the informal renewal process with Comcast pursuant to Section 626(h) of the Cable Act, 47 U.S.C. § 546(h); and WHEREAS, the City must provide the public with notice of, and an opportunity to participate in, proceedings under Section 626(a) of the Cable Act, and such proceedings may involve the collection and analysis of information from Comcast, City agencies and departments, the public and other interested parties and may require one or more public hearings; and WHEREAS, the City desires that the proceedings under Section 626(a) of the Cable Act be managed and conducted by the City Manager, or his designee; and WHEREAS, the City intends to authorize the City Manager, or his designee, to take any and all steps required or desired to comply with the requirements of the Cable Act and the Franchise Ordinance. NOW, THEREFORE, the following is resolved: Section 1. That the City hereby commences formal franchise renewal ascertainment and past performance proceedings under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), concerning Comcast. Section 2. That the City Manager, or his designee, is authorized to manage and conduct proceedings in accordance with Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1), and to take all steps and actions necessary or desired to conduct such proceedings and to comply with applicable law. Section 3. That the City Manager, or his designee, may explore with Comcast the possibility of pursuing the informal renewal process under Section 626(h) of the Cable Act, 47 U.S.C. § 546(h). If the City and Comcast decide to utilize the informal renewal process, the City Manager, or his designee, is authorized to negotiate with Comcast concerning matters relating to the renewal of the Franchise. Section 4. That the City Manager, or his designee, shall provide the public with notice of, and an opportunity to participate in, proceedings conducted under Section 626(a)(1) of the Cable Act, 47 U.S.C. § 546(a)(1). Section 5. That the City Manager, or his designee, may establish procedures and dates for the conduct of any hearings related to the Section 626(a) proceedings and may establish procedures and dates for the submission of testimony and other information in connection with the proceeding. Section 6. That the City Manager, or his designee, is authorized to request Comcast to submit such infon'nation as may be deemed appropriate in connection with the Section 626(a) proceedings, to gather such other information fi'om other persons or sources as may be deemed appropriate, and to take such further steps as may be needed or desired to ensure the City's and the public's interests are fully protected. Section 7. That the City reserves, to the full extent penrdtted by law, all of its rights with respect to determining whether to renew the Franchise. Section 8. That the City Manager, or its designee, shall keep the City Council fully apprised of the status and progress of franchise renewal proceedings and negotiations. Passed this __ day of ,2004. Offered by: Seconded by: Roll Call: Mayor Julienne Wyckoff Carole J. Blowers, Secretary Pro Tem o ~ ~ ~0 O0 ~ 0 ~o© Guzzet ta,, LL C Communic:trions I,aw 444 Cedar Street Suite 950 Saint Paul, MN 55101 P/(651) 379-0900 F/(651) 379-0999 Attorneys at Law Thomas D. Creighton Michael R. Bradley? Stephen J. Guzzetta* Administrator Jemfi£er E. Bakkom Law Clerks Elizabeth R. Spawn Emily Faye Jewett Lyndsey M. Davis 'Also admitted in Wisconsin Also admitted in Mmssachusetts and the )istrict of Columbia June 25,2003 TO: 1Vk. Walter Fehst, City Manager Ms. Linda Magee, Assistant to the City Manager FROM: Stephen J. Guzzetta Creighton Bradley & Guzzetta, LLC SUBJECT: Cable Franchise Renewal As you know, the existing cable franchise awarded by the City of Columbia Heights, Mi~mesota (the "City") is scheduled to expire in November 2006. Beginning in November 2003, the 6-month window during which Comcast of Minnesota, Inc. ("Comcast") may invoke its federal formal renewal rights will begin. The City may also initiate a formal renewal proceeding at the same time. Alternatively, or sirnultaneously, the City m~d Comcast may choose to pursue the informal frm~chise renewal process. Accordingly, the City should begin to educate itself about the renewal procedures and requirements set forth in the federal Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 546 (the "Cable Act"), in state law mad in the existing franchise, to consider its fi'anchise renewal options (i.e., the formal and informal renewal processes, and the tasks associated with each), and to prepare a budget for conducting the renewal process. Over the last several years, cable franchise renewals have become more and more contentious and difficult. This is due in large part to changes in the law, to the cable industry's decision to devote large amounts of capital to the improvement of cable systems and to the popular (but mistaken) belief that local govenuuent franchising acts as an impediment to the deployment of infi'astmcture that is needed to foster reliable, high-speed access to video and data programs and applications. In practical terms, this means the franchise renewal process is generally taking longer and longer to complete, m~d that the use of the formal renewal process is becoming more prevalent. The cable industry has also become more inclined to use litigation as a means of intimidating local govenuments and avoiding local processes. For instance, Comcast recently sued the City of San Jose, California rather than following the hearing process established by city officials as part of the formal renewal process. With respect to the informal renewal process, many cable operators, including Comcast, have adopted a strategy of attrition. This strategy is designed to drag out renewal negotiations until municipalities run out of funding or vww.creightonbradley.com political will. The operator is then typically able to obtain renewal on very favorable terms and conditions, which do not necessarily benefit the local franchising authority or its citizens. Although the renewal of a cable television franchise can be difficult, expensive and very time- consuming, and specific results cmmot be guaranteed, it is important to dedicate sufficient financial and staff resources to the process for a variety of reasons. First, a cable television fi'anchise is usually granted for a long period of time - often ten to fifteen years. Consequently, it is important to renew a franchise on terms and conditions that will meet the community's cable-related needs and interests during the entire franchise term. Second, the grant of a franchise confers a very valuable right to Comcast - the authority to use the City's public rights- of-way for private profit. City officials should therefore ensure that the people who pay for the maintenance, management and repair of the public rights-of-way- taxpayers - are adequately compensated by Comcast. Such compensation should reflect the fair market value of the City property and rights-of-way that are used, and usually takes the form of franchise fees and in- kind benefits, such as free cable service and cable drops at public institutions. If the compensation received from Comcast does not reflect fair market value, the City's residents are essentially subsidizing Comcast's operations in the City. Lastly, compensation received through the renewal of a cable fi'anchise can provide significant tangible benefits to the City and its citizens. By way of example, a fiber-optic institutional network requirement could be included in a renewal franchise, if warranted. The construction of such a network could save the City a substantial amount of money because leased lines could be eliminated. An institutional network could also provide the City with a reliable, high-speed platform that could be utilized to deploy new video, voice and data applications, such as Internet Protocol telephony. In addition, financial support for government access can ensure that the City is able to cormnunicate broadly and effectively with its residents in a video format, including during emergencies. With the foregoing in mind, this memorandum will outline the formal and informal franchise renewal processes described in Section 626 of the Cable Act, and touch on state mad local requirements. I. OUTLINE OF THE FEDERAL CABLE FRANCHISE RENEWAL PROCESS The City's cable franchise renewal is subject to the renewal provisions of the federal Cable Act, 47 U.S.C. § 546, which set out two ways of arriving at a renewal decision: the formal and the informal processes. Informal Process The City and Comcast may, at any time, agree on a renewal franchise through informal negotiations, pursuant to 47 U.S.C. § 546(h). Conversely, the City may deny an informal renewal proposal at any time. > Informal renewals are essentially contract negotiations. 2 Adequate public notice and opportunity to cormrtent must be provided before granting or denying a renewal proposal submitted by Comcast. The City's decision to deny an informal renewal proposal does not need to be based on the criteria delineated below for the formal renewal process. In other words, the City may deny an informal renewal proposal for any reason. Formal Process If the City and Comcast are unable to agree on renewal terms through negotiation, and Comcast has properly invoked the formal renewal process under 47 U.S.C. § 546(a), the only way that the City may deny renewal is to take the following steps: The City conducts an "ascertainment" process to develop facts about Comcast's past performance and the corm2unity's future cable-related needs and interests. Once the City completes the ascertainment and past performance review process, it issues a request for renewal proposal to Comcast. Comcast submits a proposal for renewal. The City must provide public notice of Comcast's renewal proposal. The City has four months from submission of Comcast's proposal in which to renew the franchise or issue a preliminary denial of renewal. If the City issues a preliminary denial, it begins a formal administrative proceeding to consider whether the franchise should be renewed, basing its decision on the four factors listed below. At the end of the administrative proceeding, the City issues a written decision granting or denying the renewal proposal, based on the record and stating its reasons. Comcast 1-flay appeal the City's decision in state or federal court. Under the formal renewal process, the only four criteria upon which a denial of renewal may be based are whether: Comcast has substantially complied with the material terms of the existing franchise and with applicable law; the quality of Comcast's service, including signal quality, response to consumer complaints, and billing practices (but without regard to the mix or quality of cable services or other services provided over the system) has been reasonable in light of community needs; Comcast has the financial, legal, and technical ability to provide the services, facilities, and equipment as set forth in its proposal; mad Comcast's proposal is reasonable to meet the future cable-related community needs and interests, taking into account the cost of meeting such needs and interests. Renewal may be denied if there is a negative finding with respect to may one of the foregoing criteria. Normally, the formal ascertainment process goes on simultaneously with the informal process. If an informal agreement is reached, however, there is no need to complete the formal process. Reactivating the formal renewal process would not prevent the City from continuing to negotiate with Comcast informally. H. STATE LAW Chapter 238 does not explicitly address franchise renewals. However, a renewal franchise should contain those provisions required by Milm. Stat. § 238.084, which sets forth the mandatory contents of a franchise ordinance. In this regard, a renewal franchise should specify that Comcast's "technical ability, financial condition, mad legal qualification were considered mad approved by the ... [City] in a full public proceeding that afforded reasonable notice and a reasonable opportunity to participate." Most of the franchising procedures in Minn. Stat. § 238.081 are probably preempted by the Cable Act in the context of renewal (and probably pertain only to initial cable franchises). That said, it would be advisable for the City mad Comcast to agree that particular procedures are not applicable. This is usually done via a standstill agreement. HI. FRANCHISE ORDINANCE Section 11.103(15) of the franchise ordinance addresses franchise renewal. As with state law, most of this section is probably preempted by the Cable Act. However, to avoid any confusion mad potential claims that the City did not follow the appropriate renewal process, it would be prudent for the City and Comcast to agree on what, if any, procedures in § 11.103(15) will be followed during the renewal process. As indicated above, this would typically be done via a standstill agreement with Comcast. As always, please feel free to call with any questions you may have. G:\Col Hts 10007kRenewal\Outline of Franchise Renewal (Public).DOC CITY COUNCIL LETTER Meeting of: 6/28/04 No:AGENDA SECTION: CONSENT~__~AGENDA,.~, ~.)~ PUBLIC WORKsORIGINATING DEPARTMENT: CITY MANAGER ITEM: HANDICAP PARKING SPACES TO BE BY: K. Hansm~)~ BY' ~ ~ PERMITTED ANNUALLY FOR THE FUN FEST AT DATE: 6/22/04 I~-r~ Dff'~EZ~: IMMACULATE CONCEPTION CHURCH Background: At the May Traffic Commission meeting, Immaculate Conception Church reqnested up to 6 temporary handicap parking spaces be pe~nitted on the west side of Jackson Street during the week surrounding the church's Fun Fest which is the frrst weekend in August. The Fun Fest is set up in the church's parking lot and those handicap spaces are not accessible during that week. The Traffic Commission recommended approval of the temporary on-street handicap parking spaces at the May meeting. Immaculate Conception has revised the request to include np to 10 handicap parking spaces on Jackson Street. The area between the parking lot entrances on each side of Jackson Street would be used, with 5 spaces on each side. Immaculate Conception will be responsible for the initial purchase of the signs and temporary stands, posting the signs for the Fun Fest and storing the signs when not in use. Analysis/Conclusions: Staff is recommending that the temporary handicap parking spaces be permitted annually on Jackson Street. Recolnmended Motion: Move to approve np to 10 temporary handicap parking spaces on Jackson Street mmually the first weekend of August, between the parking lot entrances to Immaculate Conception Chtu'ch from the Wech~esday prior to Fun Fest at hnmaculate Conception Church nntil the Tuesday after. r_U.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/28/04 AGENDA SECTION: CONSENT AGENDA -,, ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ /~r. 7/) PUBLICWORKS~.,~.~ /~(.~/ ITEM: DESIGNATION OF CUL-DE-SAC EAST OF BY: K. Hansen~,~.~/~r0/~ffJ-)' BY: ~/~~~ 1425 AND 1440 MOLAN TERRACE AS "NO DATE: 6/22/04 ~ DATE: /~ ~' PARKING" Background: A request has been made to the Traffic Commission by residents on Molan Terrace that a "no parking" designation be made in the cul-de-sac adjacent to their property. Individuals are using the tma~-around for parking to attend events such as games, practices or other activities at Ramsdell Park instead of using the parking available on Johnson Street or the school parking lots next to the park. Analysis/Conclusions: As the City does not paint yellow curb in cul-de-sacs, it was suggested that "no parking" signage be installed for the mm-arotmd area. A Public Hearing will be held to designate the cul-de-sac east of 1425 and 1440 Molan Ten'ace as "no parking" on June 28, 2004. The Traffic Connnissioners were in agreement with the requested signage when presented at the Jtme 7th, 2004, meeting. Staff will be recommending the designation. Recommended Motion: Move to designate the cul-de-sac east of 1425 and 1440 Molan Terrace as "no parking" based on staff recormnendation and pending recommendation fi'om the Traffic Connnission. ru.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: June 28, 2004 AGENDA ¢0IqS~,NT ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL NO: ~ A~ ~-)) Fire ITEM: E stablishHearing Dates BY: Charlie Thompson B License Revocation, Rental Properties DATE: June 22, 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. Erika Thom ................................................................... 1019 37th Avenue N.E. 2. Larry Wakeman ............................................................. 4147 Washington St N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of July 12, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Erika Thorn at 1019 37th Avenue N.E. RECOMMENDED MOTION: Move to Establish a Hearing Date of July 12, 2004 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Larry Wakeman at 4147 Washington Street N.E. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/28/04 AGENDA SECTION: CONSENT AGENDA -~ ORIGINATING DEPARTMENT: CITY MANAGER NO: ITEM: CHANGE ORDER #1 AND FINAL PAYMENT Hansen~r~ FOR THE ZONE 6A STREET REHABILITATION DATE: 6/23/042~~ DATE: PROJECTS Background: The Contractor completed the 2002 Street Rehabilitation projects in Zone 6A last summer. The work consisted of full street reconstruction with related or special utility construction/replacement. Project closeout and final payment were delayed until the final Lien Waiver from the general contractor final clean-up issues were resolved. Analysis/Conclusions: During the course of construction, Public Works staff directed the Zone 6A contractor, Park Construction, to provide additional excavation of the soft native clay soils and installation of replacement granular borrow and aggregate base materials. The work was necessary due to existing conditions found in the field, such as lfigh moisture content in the native clay soils causing them to be soft and unstable. The work is only for the additional quantifies in the existing bid using the line item unit bid pricing. The sidewalk on Washington Street from 43rd Avenue to 44a' Avenne is directly behind the curb and gutter. The amount of sidewalk removal for ds'iveway and gas se~wice replacement was extensive and the contractor was directed to remove and replace the entire sidewalk. These quantities were included in the assessment hearing calculations. Each work item is described in detail on the attached Change Order No. 1. Staff recommends approval of Change Order No. 1. Staff is recommending approval of £mal payment to Park Construction Company and acceptance of the work. A copy of the £mal payment voucher and the Engineer's Acceptance Repo~t is attached. Recommended Motion: Move to authorize final Change Order No. 1 for additional work subgrade and common excavation, granular borrow and aggregate base materials, as well as additional sidewalk replacement to the Zone 6A Street Rehabilitation, City Project 0202 to Park Construction Company in the amount of $22,214.30 to be fimded out of the PIR Fund, or Assessments ($11,107.15) and the In frastmctm-e Fund ($11,107.15). Recommended Motion: Move to accept the work for 2002 Street Rehabilitation Projects in Zone 6A, City Project Number 0202 and authorize final payment of $113,028.55 to Park Construction Company of Minneapolis, Minnesota. r~U..jb Attaclmaent: Changer Order No. 1 Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: Project: 2002 Street Rehabilitation Owner: Contractor: CHANGE ORDER NO. 1 City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Park Construction Company Date of Issuance: May 7, 2004 Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE Original Contract Price: $1,092,816.35 Previous Change Orders No. __ to No. __ $ None Contract Price Prior to this Change Order: $1,092,816.35 Net Increase of this Change Order: $ 22,214.30 Contract Price with all Approved Change Orders: $1,115,030.65 CHANGE IN CONTRACT TIME Original Contract Time: Reco ~mn~nded ~ By: ~/J~x P ~N~-,tvx~,, ,tx city/ n &&L ' ..... x Approved By: Approved By: City Project: 0202 Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: N/A Approved Date of Council Action Julienne Wyckoff, Mayor Walter Fehst, City Manager Attachment to Change Order No. 1 City Project No. 0202 Page 1 Owner: Contractor: Project: City of Columbia Heights Park Construction Company 2002 Street Rehabilitation - Zone 6A Description of Changes: The City requested the following work: Items No. 1 and 3: Extra excavation Remove existing soft native clay soils to an additional depth of 6" to 18", as directed by the City Engineer. . Items No. 2 and 4: Extra granular borrow and class 5 or 7 aggregate base Place granular borrow or aggregate base in the excavated area to strengthen the subgrade. Item No. 5: Extra remove and construct concrete sidewalk Remove and construct the entire sidewalk on Washington Street from 43rd to 44th Avenues. Item No. Item Description Unit Quantity Unit Price Total Price 1 Extra subgrade excavation C.Y. 188 $ 5.00 $ 940.00 2 Extra granular borrow (CV) C.Y. 155 $ 8.74 $ 1,354.70 3 Extra common excavation C.Y. 343 $ 5.00 $ 1,715.00 4 Extra class 5 or 7 aggregate base (CV) C.Y. 1,025 $ 15.00 $15,375.00 5 Extra remove and construct S.F. 1,048 $ 2.70 $ 2,829.60 sidewalk- Washington Street $ 22,214.30 FUNDING SOURCES: Assessment Infrastructure Fund $11,107.15 $ 11,107.15 ESTIMATE NO. CITY OF COLUMBIA HEIGHTS CONSTRUCTION PAYMENT VOUCHER Final June 16, 2004 DATE: PERIOD ENDING: December 31, 2003 CONTRACT: 2002 Street Rehabilitation PROJECT NO. 0202 TO: Park Construction Co. 500 - 73rd Avenue NE Suite 123 Minneapolis, MN 55432 (763) 786-2952 A. Original Contract Amount B. Total Addition C. Total Deduction D. TOTAL CONTRACT AMOUNT E. TOTAL VALUE OF WORK TO DATE F. LESS RETAINED (0%) REPAIRS ON WASHINGTON STREET CITY INVOICES 1817 AND 1825 $1,092,816.35 $22,214.30 $0.00 $1,115,030.65 $1,114,959.25 $0.00 ($1,907.23) ($1,230.76) G. Previous Payment(s) H. TOTAL APPROVED FOR PAYMENT THIS VOUCHER I. TOTAL PAYMENTS INCLUDING THIS VouCHER ($998,792.71) $113,028.55 $1,111,821.26 APPROVALS Pursuant to our field observationsaI hereby recommend for payment the above stated amount for work performed through DJecember ~,2003 . Signed by: t~-~n ~ af'x ~ Ke~n~Hansen, ]l~bll~'[ Wor-~s~Dir e~tor Signedby:PA~K~ ~YC t~" l~-O¢lDate CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT - CITY PROJECT NO. 0202 2002 STREET REHABILITATION - ZONE 6A SAP 113-050~03 No. Item Description Unit QuantiW 1 Traffic Control L.S. 1.00 2 Mobilization L.S. 1.00 3 Clear and grub tree Inch 477 4 Remove curb and gutter L.F. 10,439 5 Remove concrete alley/apron S.F. 192 6 Remove concrete driveway/apron S.F. 4,314 7 Remove concrete walk S.F. 8,012 8 Remove concrete step (if needed) S.F. 34 9 Remove bituminous pavement S.Y. 16,918 10 Remove x-depth pavement S.Y. 232 11 Remove bituminous driveway S.Y. 117 12 Remove water main L.F. 3,973 13 Remove hydrant lead L.F. 79 14 Remove hydrant Ea. 1 15 Remove gate valve and box Ea. 17 16 Remove sewer pipe L.F. 1,264 17 Remove MH Ea. 5 18 Remove CB Ea. 14 19 Remove MH outside drop Ea. 1 20 Remove MH or CB rings (per structure) Ea. 7 21 Abandon storm sewer pipe L.S. 1 22 Sawcut concrete L.F. 1,069 23 Sawcut bituminous L.F. 2,162 24 Mill bituminous pavement S.Y. 465 25 Salvage hydrant Ea. 6 26 Salvage MH or CB casting Ea. 0 27 Salvage retaining wall block L.F. 8 28 Temporary water service - 7th St L.S. 1 29 Temporary water service - Washington St L.S. 1 30 Temporary water service - Madison St L.S. 1 31 Temporary water service - Monroe St L.S. 1 32 16" DIP water main L.F. 627 33 8" DIP watermain L.F. 3,313 34 6" DIP water main or hydrant lead L.F. 75 35 16" Gate valve and box Ea. 2 36 10" Gate valve and box Ea. 1 37 8" Gate valve and box Ea. 15 38 6" Gate valve and box (inc. hydrant valv( Ea. 7 39 Cut-in 16" gate valve and box Ea. 2 40 Cut-in 6" gate valve and box Ea. 6 41 Hydrant Ea. 6 42 Water main fittings Lb. 6,093 43 1" Corporation Ea. 141 44 1" Type K copper pipe L.F. 1,340 45 Reconnect service Ea. 140 46 1" Curb box Ea. 36 47 1" Curb stop Ea. 33 48 Relocate curb box and stop Ea. 0 Unit Price $5,800.00 $32,000.00 $20.00 $1.10 $0.50 $0.30 $0.30 $10.00 $1.04 $5.00 $11.00 $1.00 $7.00 $160.00 $20.00 $8.00 $300.00 $500.00 $300.00 $22.00 $3,000.00 $1.50 $1.50 $6.60 $150.00 $22.00 $30.00 $3,800.00 $3,800.00 $7,500.00 $7,500.00 $42.00 $26.00 $32.00 $3,900.00 $1,100.00 $800.00 $620.00 $4,200.00 $1,600.00 $540.00 $2.00 $175.00 $17.00 $115.00 $185.00 $150.00 $700.00 Amount $5,800.00 $32,000.00 $9,540.00 $11,482.90 $96.00 $1,294.20 $2,403.60 $340.00 $17,594.72 $1,160.00 $1,287.00 $3,973.00 $553.00 $160.00 $340.00 $10,112.00 $1,500.00 $7,000.00 $300.00 $154.00 $3,000.00 $1,603.50 $3,243.00 $3,069.00 $900.00 $0.00 $240.00 $3,800.00 $3,800.00 $7,500.00 $7,500.00 $26,334.00 $86,138.00 $2,400.00 $7,800.00 $1,100.00 $12,000.00 $4,340.00 $8,400.00 $9,600.00 $3,240.00 $12,186.00 $24,675.00 $22,780.00 $16,100.00 $6,660.00 $4,950.00 $0.00 Pac~e 1 of 2 CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT - CITY PROJECT NO. 0202 No. Item Description Unit Quantity Unit Price 49 8" PVC sanitary sewer L.F. 58 $170.00 50 48" Sanitary MH Type B with casting Ea. 1 $4,800.00 51 Reconstruct MH outside drop Ea. 1 $2,300.00 52 External MH chimney seal with lid Ea. 4 $380.00 53 6" PVC sanitary sewer wye Ea. 6 $500.00 54 6" PVC sanitary sewer riser/service L.F. 8 $65.00 55 Reconnect sanitary sewer service Ea. 6 $500.00 56 Sanitary sewer service transition L.F. 60 $35.00 57 42" RCP- Class III L.F. 326 $100.00 58 36" RCP- Class III L.F. 337 $200.00 59 24" RCP - Class III L.F. 160 $50.00 60 18" RCP- Class III L.F. 16 $50.00 61 15" RCP - Class HI L.F. 112 $35.00 62 12" RCP- Class III L.F. 261 $25.00 63 4" Perforated drain pipe L.F. 143 $9.00 64 Temporary drain pipe installation L.F. 0 $14.00 65 72" MH Type D with casting Ea. 2 $8,300.00 66 60" MH Type C with casting Ea. 5 $3,100.00 67 60" MH Type C1 with casting Ea. 1 $2,900.00 68 48" MH Type B with casting Ea. 5 $2,000.00 69 48" MH Type B1 with casting Ea. 1 $2,200.00 70 48" CB Type Y with casting Ea. 6 $1,600.00 71 2' x 3' CB Type X with casting Ea. 10 $1,200.00 72 Modify MH, Wash & 44th, Mad & 44th L.S. 2.1 $5,000.00 73 Install MH or CB rings (per structure) Ea. 7 $170.00 74 Construct MH or CB invert Ea. 9 $130.00 75 Reinstall salvaged MH or CB casting Ea. 6 $170.00 76 2" Insulation board S.Y. 284 $30.00 77 Subgrade excavation C.Y. 6,835 $5.00 78 Granular borrow (CV) C.Y. 6,802 $8.74 79 Common excavation C.Y. 4,836 $5.00 80 Aggregate pipe bedding C.Y. 0 $17.00 81 Aggregate base class 5 or class 7 (CV) C.Y. 4,836 $15.00 82 Bituminous wear course Ton 1,839 $34.00 83 Bituminous binder course Ton 2,530 $30.00 84 Bituminous base course Ton 0 $30.00 85 Patch bituminous driveway S.Y. 105 $25.00 86 Sawed/sealed joint L.F. 5,346 $1.25 87 Tack coat Gal. 902 $1.20 88 Concrete curb and gutter L.F. 10,439 $7.00 89 Concrete alley S.F. 192 $4.10 90 Concrete driveway apron S.F. 6,419 $3.25 91 Concrete walk S.F. 8,012 $2.40 92 Concrete step (if needed) S.F. 34 $35.00 93 Reinstall salvaged retaining wall block L.F. 11 $20.00 95 Catch basin protection Ea. 2 $17.00 96 Staked haybales Ea. 0 $9.20 97 Silt fence L.F. 0 $1.95 94 Install guard rail L.F. 142 $15.00 98 Sod with topsoil S.Y. 7,836 $3.70 TOTAL PROJECT 0202 Amount $9,860.00 $4,800.00 $2,300.00 $1,520.00 $3,000.00 $520.00 $3,000.00 $2,100.00 $32,600.00 $67,400.00 $8,000.00 $800.00 $3,920.00 $6,525.00 $1,287.00 $0.00 $16,600.00 $15,500.00 $2,900.00 $10,000.00 $2,200.00 $9,600.00 $12,000.00 $10,500.00 $1,190.00 $1,170.00 $1,020.00 $8,520.00 $34,175.00 $59,449.48 $24,180.00 $0.00 $72,540.00 $62,526.00 $75,900.00 $0.00 $2,625.00 $6,682.50 $1,082.40 $73,073.00 $787.20 $20,861.75 $19,228.80 $1,190.00 $220.00 $34.00 $0.00 $0.00 $2,130.00 $28,993.20 $1,114,959.25 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2002 STREET REHABILITATION CITY PROJECT NUMBER 0202 June 23, 2004 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Park Construction Company. The work consisted of full street reconstruction, with related or special utility construction/replacement. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the mount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED DEDUCTIONS ALL PRIOR PAYMENTS BALANCE DUE Sincerely, City'Engineer $1,092,816.35 $ 22,214.30 $ 1,115,030.65 $1,114,959.25 ($ 3,137.99) ($ 998,792.71) $ 113,028.55 CITY COUNCIL LETTER Meeting of: June 28, 2004 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ..~-~/4' /0-) License Department APPROVAL IT EM:LicenseAgenda BY: S helleyHanson .~ D ATE~/~¢/~~ NO: DATE: June 24, 2004 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the June 28, 2004 City Com~cil meeting. consists of applications for Contractor licenses for 2004. This agenda At the top of the license agenda you will notice a phrase stating *Signed Waiver Fort2 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 28, 2004 as presented. COUNCIL ACTION: TO CITY COUNCIL June 28, 2004 *Signed Waiver Form Accompanied Application 2004 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG Piperight Plmnbing *Midwest Roofing, Siding *North Pine Aggregate Inc *Jim's Tree Service *MH Plumbing Nardini Fire equip *Roger Wiley Inc. *Steve Sward Tree Serv. *Four Seasons Air Special 10710 Mississippi Blvd, Coon Rapids 313 Jefferson Hwy, Champlin 14551 Lake Dr, Forest Lk 4356 Monroe St, Col. Hts. 6725 277th Ave NW, Isanti 405 Co Rd E West, Shoreview 47984 Fish Haven Rd, Big Stone, SD 2024 Sugarloaf Trail, Brk Park 4457 White Bear Pkwy, Wht Bear Lk $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: k3CAM. ~'¢,- ~2--~t STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number I/)~b~{ through I])~D~ in the amount of$ ~), ~t.~ ,"]~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. 0 0 ,-4 rd 0 -,-I 0 HO i O~ 0 040 0 0 0 Oo rj~ OH E~ 0 0 i H Im 00000000000000000000000000000000000000000000000 Oo Oo 0 O~ ~0 ,-] OH 4or~ Oo Oo ~m O~ o 0 0 r~ U U ~o pq Oo r.j~> Oo ~m O~ mO U H o ~ H\ (.J .~,~ ~o ~ ~ U ~H~O ~ ~ ~00~ ~ 0 0 H~ Oo E4 H ~ 0 o E-I 0 o"J ,~ o cq o 0oo k~ 0 rD I~ H H ~ 0 r~ ~ m m ~o CITY COUNCIL LETTER Meeting of: 6/28/04 AGENDA SECTION: 7~JBL1C HEARINGS ' ORIGINATING DEPARTMENT: CITY MANAGER ITEM: FIRST READING OF ORDINANCE 1472 BEING BY: K. AN ORDINANCE PROHIBITING SURFACE DRAINAGE DATE: 6/23/(1~__.,~-~ : CONNECTIONS AND DISCHARGES INTO THE CITY OF COLUMBIA HEIGHTS SANITARY SEWER SYSTSEM -Background: Over the last several decades, the City of Columbia Heights has experienced localized flooding fi'om surface water and sanitaW sewer system overload (backups). The last of these and one of the most severe was the severe rainfall event occurred the evening of June 24th and early morning of June 25, 2003, measuring 5.47 inches of rain in a 3-hour period (exceeding a 100-year stoma event). Several short tmTn and long term remedial measures were identified by staff with the last of these for consideration by the City Council to Develop an Illicit Discharge Elimination Proaram; focusing on a Sump Pump Discom~ect Program. Analysis/Conclusions: The type of storm that have the greatest impact on our sanitary system are the lfigh intensity / large peak, resulting in a short lag t/me to when backups occurred in this area, system inflow and to a lesser extent hnqltration are fl~e likely cause. Inflow and infiltration (I/I) is unnecessary water that enters the sanitary sewer system, but can be completely separate in origin. Ilfflow is storm water runoff or any other surface water that flows through a direct connection to the sanitary system. This may occur as a result of connected downspouts, area ch'ains, holes in the manhole covers, cross connections fi'om the storm sewer, or connected sump pumps. Infiltration is groundwater that enters the sanitary collection system through cracked pipes, leaky joints and deteriorated manholes. A graph depicting the relationship of I/I to regular sanitary sewer system flow is attached as figure 1. To meet mandated federal requirements, the City conducted an I/I study in 1983. The study noted that 'many of the raflffall related problems associated with inflow occur in the Jackson Pond area,' and 'basements have backed up 7 times in the last three years and approximately 22 to 25 residents are affected by a 1~1/2 inch per hour rain.' The study concluded that the City of Colnmbia Heights does not have a nmjor I/I problem, and that 'the system is adequate to handle the peak-flow rates generated during the design storm,' but that certain areas (5 of 15 sanitary zones) of the City may benefit from a flow reduction program. A flow reduction program was identified recommending comprehensive cleaning and televising, manhole lid/frame replacements, linings of sanitary sewer, and inflow reduction. The City of Columbia Heights has performed and continues to in~plement many of the recommendations of the 1983 report. Illicit Discharge Elimination Program: An Illicit Discharge Elimination Program is an involved remediafion measm'e, and can also be very expensive. The ultimate goal of this program would be to systematically elin~ate to the public sanitary sewer system sources of illicit counections from private sources, such as sump pun~ps, foundation drains and leaking service lines. All of the physical remediation measures identified to date involve redncing or eliminating I/I in the public system. The MCES and the Rural Water Association have estimated that I/I in the private domain can account for up to 60 or 70 percent of the total I/I in a mtmicipal COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/28/04 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: FIRST READING OF ORDINANCE 1472 BEING BY: K. Hansen BY: AN ORDINANCE PROHIBITING SURFACE DRAINAGE DATE: 6/23/04 DATE: CONNECTIONS AND DISCHARGES INTO THE CITY OF COLUMBIA HEIGHTS SANITARY SEWER SYSTSEM Continued - Page 2 - First reading of Ordinance 1472 system. The LMC has prepared a fact sheet related to an Illicit Discharge Program, a copy of which is attached from Ellen Longfellow, LMCIT Loss Control and Defense attorney. A recently completed stnnp pmnp disconnect program (Waseca) fotmd that nearly 70% of the remaining I/I was from privately generated sources. The following steps outline an approach to develop and inaplement such a program: a. Sump Pump Disconnect Ordinance b. Public Education c. Public Informational Meeth~gs d. Advertising Campaign e. Training of City Staff, Local Plumbers, and Contractors f. Site Inspections, Disconnections, and Reinspections g. Enforcement h. Other Techniques (potentially smoke and dye testing of non-residential properties) Thefirst step in developi~zg a program is the developing an ordinance that establishes the authority to perform inspections and also require property owners to physically disconnect any illegal connections from the sanitary sewer line. A review of connntmities that have implemented sump pump ordinances is attached for reference. Particular to a sump pump disconnect ordinance is any £mancial assistance that communities may offer for the physical disconnect when illegal connections are found, and a penalty clause after a reasonable amount of time is allowed and the disconnect has not been completed. An ordinance also establishes the authority for City personnel to perform the initial and follow-up inspections. Another consideration is if the program would be set tip actively on a Citywide basis or focusing on specific areas previously identified, such as from the 1983 detailed study. A copy of the 5 areas identified to benefit from further inflow reduction is attached. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 6/28/04 AGENDA SECTION: PUBLIC ~ MgARING$. ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: FIRST READING OF ORDINANCE 1472 BEING BY: K. Hansen BY: AN ORDINANCE PROHIBITING SURFACE DRAINAGE DATE: 6/23/04 DATE: CONNECTIONS AND DISCHARGES INTO THE CITY OF COLUMBIA HEIGHTS SANITARY SEWER SYSTSEM Continued - Page 3 - First reading of Ordinance 1472 Recommended Motion: Move to waive the reading of Ordinance No. 1472, there being ample copies available to the public. Recommended Motion: Move to set the second reading of Ordinance No. 1472, being an Ordinance prohibiting surface drainage connections and discharge into the City of Columbia Heights sanitary sewer system for July 12, 2004, at approximately 7 p.m. in the Council Chambers. KH:jb Attachment: Sump Pump Discormect Ordinance I/I flow graph (figm'e 1) LMC Fact Sheet Commtmity Listing Smfitary Sewer I/I Zone Areas COUNCIL ACTION: ORDINANCE NO. 1472 BEING AN ORDINANCE PROHIBITING SURFACE DRAINAGE CONNECTIONS AND DISCHARGES INTO THE CITY OF COLUMBIA HEIGHTS SANITARY SEWER SYSTEM The City of Columbia Heights does hereby establish Chapter 8, Article VIII of the City Code to read as follows: 8.801 Purpose: The purpose of tlfis ordinance is to implement regulations that will aid the City in limiting and reducing the inflow of rainwater (or clear water) into the sanitary sewer system. The ordinance will be utilized to minimize the overflow problem resulting from the lack of capacity of the smfitary sewer system to handle large amotmts of rainwater. Other sources of inflow and infiltration are discharges of water from rooftops; surface water, groundwater sump pumps, footing tiles, swimming pools, or other natural precipitation sources that may flow into the city sewer system and potentially cause flooding or overloading of the City's sewage system. When clear water is discharged into the sanitary sewer system it is treated at the sewage treatment plant. This results in added expenses for the City. The City of Columbia Heights, therefore, finds it in the best interest of the city to prohibit such discharges into the sanitary sewer system in order to protect and maintain the health and property of its residents. 8.802 Definitions: Area Drain- is a receptacle designed to collect and convey surface or storm water to the drainage system. Clearwater- is any surface flow, runoff, an~d drainage that does not contain any hazardous substance or sewage. This includes, but is not limited to, NPDES permitted discharges, stonu water and water from foundation and footing drains and basement sump pumps. Combined Sewer- is a sewer that must handle flow of both sanitary wastewater and storm water in a single pipeline. Combined Sewer Overflow (CSO)- occurs when excessive mnounts of rainfall enter a sanitary sewer system. The result is a volume of rainwater and sanitary wastewater, which exceeds the system's capacity. Combined rainwater and sewage is forced to overflow into area streams and rivers thi'ough outfalls. Hazardous Substances- are materials which may cause or contribute to a substantial hazard to human health, safety, property or the environment based 8.803 upon its quantity, concentration, physical, chemical, or infectious nature. These may include: (2) (3) Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas. Any waters containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters or the wastewater treatment plant. Any waters or wastes having a pH lower than 5.5, or having any other con'osive property capable of causing damage or hazard to structures, equipment, and persom~el of the wastewater works. Liquid Waste- means the discharge fi'om any fixture, appliance, or appurtenance that does not receive fecal matter. Owner- shall mean the person who is listed as property owner or taxpayer by Anoka County. Runoff- precipitation and other surface drainage that is not infiltrated into or otherwise retained by the soil, concrete, asphalt, or other surface upon which it falls. Sanitary Sewer System- pipelines, pumping stations, force mains, and all other construction devices, and mechanical devices used for conveying sewage or industrial waste or other wastes to a point of ultimate disposal. Storm Water- is any surface flow, runoff, and drainage consisting entirely of water from any fonr~ of natural precipitation. Compliance: Compliance with other Codes and Laws. Compliance with the provisions of this chapter does not release a person from any responsibility to comply with any other law or regulation, whether federal, state, or local. Conflict. h~ the event that the provisions of the chapter shall conflict with any Mim~esota statue or any federal statute, the Mim~esota statute or federal statute shall govern to the extent of may direct conflict Violations. Any person who violated any provision of this chapter shall be guilty of an ordinance violation and subject to punislnnent and penalties identified elsewhere in this ordinance. 8.804 Prohibited Discharges: Prohibited Discharges. No clear water fi'om any roof, surface, gronndwater, sump pump, footing tile, swi~rnning pool, other buildings or structures wlfich require, because of infiltration of water into basements, crawl spaces, and the like, a sump pump discharge system shall have a permanently installed discharge line which shall not at any time discharge water into the sanitary sewer system. No person shall discharge or cause to be discharged hazardous substances to any public sewers. Disconnection. Before August 1, 2004, any person having a yard drain, roof surface, tile, or swinmaing pool now connected and/or discharging into the sanitary sewer system shall be disconnected or removed. Any disconnects or openings in the sanitary sewer system shall be closed or repaired in an effective, workmanlike manner, as approved by the Public Works Director or his designated agent. Sump pumps shall not be connected to the sanitary sewer. Prior to the closing of the sale of a dwelling, the seller must request that the stnnp pnmps and drain tiled be inspected by the City visually and/or by smoking to ensure that they are not connected in any manner to the sanitary sewer system. If the City determines that the sump pump or drain tile is illegally connected to the sanitary sewer system, the situation must be corrected before the unit is considered in compliance to be sold. Manner of Disconnection. The discolmection shall be accomplished by a complete and permanent method and performed in a competent maimer. Any disconnection, plugging, capping, rerouting, altering, or modifying must be done is accordance with all applicable state and city building codes. A permanent installation shall be one which provides for year rotmd discharge capability to either the outside of the dwelling, building, or structure, or is colmected to city storm sewer or discharge through the curb and gutter to the street. It shall consist of a rigid discharge line, without valving or quick connections for altering the path of discharge, and if connected to the city storm sewer line, shall include a check valve and air gap located in a small diameter structure. 8.805 Inspections: Inspection. Every person owning improved real estate that discharges into the City of Columbia Heights smfitary sewer system shall allow a city employee or a designated representative of the city to inspect the building to confirm that there is no sump pump or other prohibited discharges into the sanitary system, h~ lieu of having the city inspect their property before the sale of a dwelling, the property owner may furnish a certificate fi'om a licensed plumber certifying that the property is in compliance with this section. gray person refusing to allow their property to be inspected or refusing to furnish a plumber's certificate within twenty-one (21) days of the date City employee(s) or their desigmated representatives are denied admittance to the property, shall i~rnTtediately become subject to the surcharge hereinafter provided for. Any property found to violate this ordinance shall make the necessary changes to comply with ordinance and furnish proof of the changes to the City. New Construction. All new dwellings that are permitted to install a stunp pump after June 1, 2004, shall have a ptnnp that is piped to the outside of the dwelling before a certificate of occupm~cy is issued. New homes will be required to have their sump pump system inspected within (30) days of occupancy and a certificate of compliance must be completed before the property owu~er may occupy the property. Incentive. There are a number of methods to dispose of sump pump effluent. Any property which has m~ existing illegal cmmection may apply for financial assistance by requesting a City inspector to verify the illegal cormection, have the repair completion verified and submit a receipt for labor and/or materials (self help labor rate valued at $50). Upon verification of the corrective action and costs, the City will remit to the property owner the cost to correct the illegal connection to a maximum of $500 per installation. The property owner may petition the City to abate the problem and assess the property owner's cost for the corrective work over a 1-year period. This incentive program is in effect until December 31, 2006. Surcharge. A surcharge of $100.00 per month is hereby imposed on every sewer bill mailed on an after August 1, 2004 to property owners who are not found to be in compliance with tlfis section or who have refused to allow the city to inspect the property. The surcharge will be added to the property owner's utility billing tmtil the property is found to be in compliance. Penalties. (a) (b) Aa~y person fottnd to be violating any provision of this ordinance shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, pem~anently cease all violations. h~ the event that the owner fails to correct the situation within the given time period, the City may cmTect it and collect all such costs together with reasonable attorney fees, or in the alternative, by certifying said costs of correction as any other special assessment upon the land fi'om which said correction of said violation was made. Winter Discharge. The City Manager m~d his/her designee shall issue a permit to allow a property owner to discharge surface water into the sanitary sewer system. The permit shall authorize such discharge only from November 1St to March 30th of each year and a property owner is required to meet at least one of the following criteria in order to obtain a permit: The freezing of the surface water discharge from sump pump or footing drain is causing a dangerous condition, such as ice buildup or flooding, on public or private property. The property owner has demonstrated that there is a danger that the smnp pump or footing drain pipes will freeze up and result in either failure or damage to sump pump unit of the footing drain and cause basement flooding. The water being discharged fi:om the sump pump or footing drain cannot be readily discharged into a storm drain or other acceptable drainage system. Following ten days written notice and an opportunity to be heard, the City Manager may require a property to discharge their sump pinup into the sanitary sewer from November 1st to March 30th, if surface water discharge is causing an icy condition on streets. Disclaimer. The City of Columbia Heights does not guarantee or imply that areas will be free from flooding or flood damages caused by inflow and infiltration. The City does not assm2e a specific duty as to individual property owners to enforce this ordinance, but is enacting the ordinance as a general regulation. This ordinance shall not create liability on the part of the city or its offices or employees for any flood damage that may result from failure to comply with any portion of this ordinance or any administrative decisions made pursuant thereto, whatever the cause. Effective Date. This ordinance shall be in full force and effect from and after thirty days (30) after its passage. First Reading: Second Reading: Date of Passage: Offered by: Second by: Roll Call: Attest: Mayor Juliem~e Wyckoff City of Columbia Heights, Minnesota Carole Blowers Secretary Pro Tern RAINFALL EVENT ~ESTIMATED OR MEASURED ! / BYPASSED FLTW OR OVERFLOWS i - ! I ,/--REOO. RDED ~EWAGE FLOW I ! / /--NORMAL DRY WEATHER' IN FLOW // INFLOC~ /SEWAGE FLOW PATTERN ~ -"/.'-" :".'?:';-~ -. ,...,., ...... .-,.v-. - MID NOON MID NOON MID 0 I 2 TIME IN DAYS FIGURE I GRAPHIC IDENTIFICATION OF INFILTRATION ! INFLOW I University Avenue West, St. Paul, MN 55103-204~ Phone: (612) 281-1200 · (S00) 925-1122 Fa×: (612) 281-1299 · TDD (612) 281-1290 Don't Get All Wet! Legal Issues Related to Inflow and Infiltration by Ellen A. Longfellow LMCIT Loss Control Attorney January, 1998 Introduction: Now that we have learned what infiltration and inflow are and how to eliminate the problems, let's discuss the legal issues involved in the problems and the solutions. I. Liability Issues if there is Inflow and Infiltration A. Act of God or Nature This defense can be a basis for the case to be dismissed if the city can show that. the sole reason for the sewer backups or other problems was an extraordinary.rainfal{. · Extraordinary rainfall - Was it an mount of rain that the city should normally be expected to anticipate its system to handle? 100 year rainfall, 50 year rainfall Source of water - Generally, a sanitary sewer system is supposed to be a closed system, how did the storm water get into the system? If storm water went into resident's basements and then into the floor drain or if the manhole covers were lifted to allow the storm water into the sanitary sewer system, there would be a good Act of God defense. If there is inflow and infiltration into the system that could be viewed as negligence then this defense would not be available. The Act of God defense only works by itself. B. Discretionary Immunity Under Minnesota Statute 466.03, subd. 6, the city could be dismissed if it can AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER show that the reason why it has not corrected any inflow and infiltration problems is because of a discretionary decision which is defined as a policy decision made by weighing financial, social and/or political factors. For example, a city knows that its system is old and has cracks throughout the lines that allow storm water to get into the sanitary sewer system. The city has notice of the problem but it orders an engineering study to provide options for correcting the problem. The study says that the remedy is to replace all of the sewer lines and that it will cost 10 million dollars. The city does not have the money to do that so it corrects the worst lines with the money that it does have and then develops a long term plan to replace the sewer lines over a ten year period of time. If the city has documented the discretionary decisions in this process, it may be granted discretionary immunity. C. Negligence Standard Was the city negligent in regard to the storm water in the sanitary sewer system? Did it fail to exercise reasonable care? The factors to show negligence are: 1. Defect - Was there a defect in the system? Was there an inflow / infiltration problem? 2. Notice - Did the city have notice of the problem? Had there been prior problems? Had the city had similar rainfalls that caused, the same problems that would have indicated an inflow/infiltration problem? Had .the city ever had an engineering study done outlining inflow / infiltration prOblems? 3. Failure to correct the problem within a reasonable time. Had the city tried to correct the problem? Did it have a plan to fix it over a-period Of_t/me? 4. That failure caused the damages ... II. Administrative Liability for Inflow / Infdtration Minnesota Pollution Control Agency - Generally, the PCA does not have the authority to regulate the condition of the sanitary sewef collection lines. If as a result of the condition of the sanitary sewer system, there are overflows of the wastewater facility or the lines into the environment, the PCA may impose fines, penalties or restrictions on future construction. The PCA has this authority under Minnesota Rules 7001.1030 and 7050.0210 - .0211. For example, in Duluth, the'·PCA placed restrictions on any extensions of the city's sewer system until the inflow / infiltration problem was corrected. 2 III. Legal Authority for Cities to Inspect Private Property - Often sources of inflow into the city's system are illegal private connections of sump pumps or rain leaders into the city's sanitary sewer system. In order to identify the source of storm water, the city must inspect private property. The city can provide authority for such inspections in its sewer ordinance. If someone will not consent to such an inspection, the city will have to obtain a search warrant from a court. IV. Legal Authority to Pay for Remedies for Private Property In order for a city to make a valid expenditure, it must be: A. For a public purpose; The city must articulate that even though it is purchasing sump pumps for private citizens, it benefits the public as a whole by reducing the wastewater treatment costs and eliminating the storm water from the sanitary sewer system. B. Authorized by state statute. The City of Duluth obtained special legislation author/zing it to use grant money for sump pumps for private property owners. Em ~° ~>.-- --remoraE z "I FRIOLE¥ I0 MINNEAPOLIS COLUMBIA HEIGHTS -- HILLTOP, MN ~6~~o' RASE MAP SOURCE: MINNESOTA DEPARTMENT OF TRANSPORTATION FIGURE 12 COMMUNITY LEAST-COST ALTERNATIVES ALTERNATIVE A ALTERNATIVE B ALTERNATIVE C CITY COUNCIL LETTER Meeting of: 6/28/04 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ , ~ PUBLICWORKS ITEM: SECOND READING OF ORDINANCE NO. BY: K. Hanse~dAao-~ BY: ,~~_,~ 1470, BEING AN ORDINANCE AMENDING DATE: 6/24/0~:~/_,~ DA~:~ ~/ -'~/ PERTAINING TO ZONING AND DEVELOPMENT- PARK DEDICATION Background: Upon a review of the text of the Zoning and Development Ordinance, staff fotmd some inconsistencies in the text pertaining to park dedication. The text pertaining to Park Dedication from the City of Columbia Heights Zoning and Development Ordinance 1428 is attached for reference. As it cmTently reads, it requires a 10 percent land contribution fi-om 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 cun'ent wording and should be replaced. For example, the estimated value of the improvements 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 lauguage 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 pm-poses. Reasons for modifications of the area dedication. · Discretion of acceptance (of either area or cash equivalent) by the Council. As the cmTent language is not reasonable as it relates to a cash contribution, staff recommends the m/nor 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 adopt Ordinance No. 1470, being an Ordinance amending Ordinance No. 853, City Code of 1977, pertaining to Zoning and Development-Park Dedication. IGt:jb Attachment: Ordinance No. 1470 COUNCIL ACTION: ORDINANCE NO. 1470 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT-PARK DEDICATION Chapter 9, Section 14, Subdivision 3, Subsection (5), which currently reads as follows to- wit: (5) Park dedication. For any development or redevelopment where a subdivision or re-subdivision of property occurs which creates additional parcels, the resulting contribution shall require either ten (10) percent land dedication for parks, or the cash equivalent of ten (10) percent of the estimate of improvements. The City Council shall determine which measure is most appropriate. is hereby muended to read as follows, to-wit: (5) Park dedication. It is deemed necessary and consistent with sound City plamzing to provide in each new proposed plat or 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 cmmnunity for recreational or park purposes. (b) The Plmming Co~mnission and the Council shall consider the proposed location in relation to existing or contemplated recreational and park sites in other parts of the co~mmmity 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 5(a) or 5(b) above: i. land dedicated or obtained as easements for storm water retention, drainage, roadway and other utility purposes; (d) This requirement may be waived and/or modified by the Council, after recommendation by the Planning Conm~ission, 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 ah'eady dedicated comparable areas in other subdivisions in the City. ii. The Owner contributes a cash equivalent to the City for the "Parks Capital Improvement 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. (e) 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. This Ordinance shall be in full force and effect from and after tlti~y days (30) after its passage. First Reading: Second Reading: Date of Passage: Offered by: Second by: Roll Call: Attest: Mayor Juliem~e Wyckoff City of Colmribia Heights, Mim~esota Carole Blowers Secretary Pro Tern CITY COUNCIL LETTER Meeting of June 28, 2004 AGENDA PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL ITEM: Close Hearing BY: Charlie Thompson Rental License Revocation DATE: June 23, 2004 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Joe Tohey regarding rental property at 1207-1209 Circle Terrace N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of June 28, 2004. The public hearing on this property 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 Joe Tohey regarding rental property at 1207-1209 Circle Terrace N.E. in that the violations on the property have been corrected. COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: JUNE 28, 2004 AGENDA SECTION: RESOLUTIONS AND ORiGINATING DEPT: CITY MANAGER NO: ORDINANCES F~, ./q i) FINANCE APPROVAL ITEM: RESOLUTION PROVIDING 2005 BUDGET BY: WILLI~iV~ELRITE BY PREPARATION GUIDELINES, ADOPTING A ~..j~ PROPOSED MAXIMUM BUDGET, AND SETTING DA 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 maximum 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. As a follow-up to the work session of June 21, I have included an alternate resolution showing either the utilization of new, innovative revenues or fund balance to reduce the proposed levy by $200,000. This reduces the levy we will certify to the county to a levy increase of 6.33%. After this is offset by the area-wide tax fiscal disparities and market value homestead credit, which we do not anticipate will increase, the levy on the property tax bills should show an increase of approximately 9%, which brings us to single-digit inflation. I do caution the council that by adopting the reduced proposed levy, this will be the maximum amount we can set at the final budget hearing. If we decide during the budget review process that we need additional revenue for gy~rmasiums, NEI modifications, additional police, or other items, we will not be able to increase the levy above what is set in the proposed resolution. Subsequently, the original recommended resolution allows more flexibility and can be reduced in the final levy adoption in December. 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. ALTERNATE MOTION: Move to waive the reading of Altel-nate Resolution 2004-29 there being ample copies available to the public. ALTERNATE MOTION: Move to adopt Alternate 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:sins 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 impairment from 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 year 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: Mayor Julienne Wyckoff Carole J. Blowers, Secretary Pro Tem ALTERNATE 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 in'tpairment from 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 it is the goal of the City Council to generate new revenue and hold the property tax increase to single-digit inflation, and 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 to make up a portion of lost state aid and shall be set at the following amounts: 2004 Adopted Levy Estimated 2005 Aid Loss Total Less: New Revenue of Fund Balance Proposed Levy $ 5,447,260 $ 544,726 $ 5,991,983 $ (200,000) $ 5,791,983 BE IT FURTHER RESOLVED that the county auditor is authorized to fix a property tax rate for taxes payable in the year 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: Mayor Julienne Wyckoff Carole J. Blowers, Secretary Pro Tern 0 0 00')040 om>_ Z 0 co o~ co o c~ 0 L~ o ~- > -~ 0 Emm E LO q2 r'~ ooo ooo o4o4o, I o o 0404,,_, ~ 4-., '~ o o c~ 7 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: June 28, 2004 AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: CITY MANAGER'S NO: "'-7~ /4i ~;~).~ C°lnmunityDevel°pmel~t,~~//t APPROV~/~~~~" ITEM: Adopt Resolution 2004-34, Calling BY: Randy Schumacher BY: for a Public Hearing Modifying the DATE: Jrme 23, 2004 Downtown Central Business District, Revitalization Plan, and the proposed establisinnent of the Huset Park TI~ District and TIF Plan. BACKGROUND: In order to qualify the Huset Park area (old Industrial Park) as a Tax Ii~crement Financing District, a modification to the Downtown Central Business District (CBD) Plan must be considered. City staff is proposing that the Columbia Heights City Council meet on August 9, 2004 and hold a Public Heating on the proposed adoption of a modification to the Downtown Revitalization Plm~ for the CBD Redevelopment Project, and the proposed adoption of a Tax Increment Financing Plan in effort to encourage the development and redevelopment of certain designated areas within the City. RECOMMENDATION: Staff recommends the City Council hold a Public Heating on August 9, 2004 at approxhnately 7:00 pm on the proposed adoption of a modification to the Downtown Revitalization Plan for the CBD Redevelopment Project, and the proposed adoption of a Tax Increment Financing Plan in effort to encourage the development and redevelopment of certain designated areas witlfin the City. RECOMMENDED MOTION: Move to Adopt 2004-34, a Resolution Calling for a Public Hearing on August 9, 2004 at approximately 7:00 pm for the proposed adoption of a modification to the Downtown Central Business District, the proposed establislnnent of the Huset Park Area TIF District at~d the proposed adoption of a TIF Plan. Attachments COUNCIL ACTION: h:~Consent2004~CL Res.2004-34 Public Hearin~ TIF District CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. 2004-34 RESOLUTION CALLING FOR A PUBLIC ltEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT, THE PROPOSED ESTABLISHMENT OF THE HUSET PARK AREA TAX INCREMENT FINANCING DISTRICT, AND THE ADOPTION OF A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") for the City of Columbia Heights, Minnesota (the "City"), as follows: Section 1. Public Hearing. This Council shall meet on August 9, 2004, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Revitalization Plan Modification"), the proposed establishment of the Huset Park Area Tax Increment Financing District (a redevelopment district), and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Revitalization Plan Modification, and TIF Plan are referred to collectively herein as the "Plans"), all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing, Filing of the Plans. City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Plans and to forward documents to the appropriate taxing jurisdictions including Anoka County and Columbia Heights School District No. 13. The City Clerk is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to August 9, 2004, and to place a copy of the Plans on file in the Economic Development Coordinator's office at City Hall and to make such copy available for inspection by the public. Dated: June 28, 2004 Offered by: Seconded by: Adopted: Roll Call: ATTEST: Julienne Wyckoff, Mayor William Elrite, City Clerk CITY COUNCIL LETTER Meeting of: June 28, 2004 AGENDA SECTION: ITEMS FOR CONSIDEPJITION ORIGINATING DEPARTMENT: CITY MANAGER'S NO: COMMISSION DATE: 6-25-04 ~,~[/~.~5{~1' JDATE: NO: The Planning and Zoning Commission has had a vacancy since the resignation of Commission Member Ted Yehle. On Tuesday, June 22, 2004, the City Council concluded candidate interviews to fill this vacancy. The following people applied, were interviewed, and are being considered to fill this vacancy: Rob Fiorendino Mike Peterson RECOMMENDED MOTION: Move to appoint to the Planning and Zoning Commission for the remainder of the term to expire April, 2006. COUNCIL ACTION: