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HomeMy WebLinkAboutFebruary 14, 2005 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn.us Mal~or Gao~ L. Peterson Councilmembers Robert A. l, Villiams Bruce Nau,rocki Talltlllera Sricsoll Bruce Kelzenberg Cit~ l¥1anager l, Falter 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, February 14, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) CALL TO ORDER/ROLL CALL/INVOCATION Father A1 Backmatzn, Immaculate Conception Church, will give the invocation. PLEDGE OF ALLEGIANCE ADDITIONS/DEI,ETIONS TO MEETING AGENDA (The Comacil, upon majority vote of its melnbers, may make additions mad deletions to the agenda. These may be items brought to the attention of the Comacil under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS Presentations - Tax Base Revitalization Account Grant - Tony Pistilli, Met Council 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 fi'om 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 January 24, 2005 regular City Council meeting MOTION: Move to approve the minutes of the January 24, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes a. MOTION: Move to accept the Plmming & Zoning Cmrnnission minutes of February 1, 2005. b. MOTION: Move to accept the Charter Commission minutes of January 21, 2005. c. MOTION: Move to accept the Telecommmlications Commission minutes of January 20, 2005. d. MOTION: Move to accept the Library Board of Trustees minutes of January 4, 2005. e. MOTION: Move to accept the EDA minutes of December 16, 2004. f. MOTION: Move to accept the HRA minutes of December 16, 2004. g. MOTION: Move to accept the EDA minutes of December 6, 2004. h. MOTION: Move to accept the HRA minutes of October 19, 2004. 3) Establish date for the Local Board of Review meeting for Monday, Ma,; 2, 2005, at 7:00 p.m. in the City Council Chambers. MOTION: Move to Establish date for the Local Board of Review meeting for Monday, May 2, 2005, at 7:00 p m in the City Cotmcil Chambers. THE CiTY OF COLUMBIA HEIGHTS DOES NOT E)ISCRIMINATE ON THE BASIS OF DISABILITY N EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER P4 P16 P18 P22 P25 P27 P29 P33 P35 P39~ City Council Agenda February 14, 2005 Page 2 of 3 4) Second Reading to Adopt Ordinance No. 1479, amending Ordinance 853, City Code of 1977, p40 pertaining to Zoning and Development Ordinance #1428 - mnending P&Z Fee Schedule. MOTION: Move close the Public Hearing and waive the reading of Ordinance No. 1479, there being an~ple copies available to the public. MOTION: Move to adopt Ordinance No. 1479, being an Ordinance amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428. 5) Authorize the Capital Equipment replacement of Unit #23 Ingersol Rand Street Pavement Roller MOTION: Move to approve the Capital Equipment Replacement of Unit #23, an Ingersol Rand 5- ton pavement roller, with a Bomag BW 120AD-3 5-ton roller fi'om the State of Minnesota Purchasing contract, held by Sweeney Brothers of Burnsville, MN in the amount of $15,850, plus tax, subtracting a trade-in of $2,000; with funding appropriated fi'om the Streets Capital Equipment Fund 431-43121-5180. P43 6) Approve Anoka County 2005 Joint Powers Agreement Score Ftmds MOTION: Move to authorize the Mayor and City Manager to enter into the 2005 Joint Powers Agreelnent with Anoka County to provide cooperation between the City and the County in the implementation of the Residential Recycling Progrmn and to make ftmds of up to $46,634.73 available as reimbursement for eligible expenses. P46 7) Establish a Hearing Date of February 28, 2005 for revocation or suspension of rental property license at 4824 Stinson Blvd. MOTION: Move to establish a hearing date of February 28, 2005 for revocation or suspension of a license to operate a rental property witlfin the City of Columbia Heights against Alicia Anderson at 4824 Stinson Blvd. N.E. P53 8) Approve Business License Applications P54 MOTION: Move to approve the items as listed on the business license agenda for February 14, 2005 as presented. 9) 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 Nulnber 111509 through 111775 in the amount of $1,532,217.87. P56 PUBLIC HEARINGS A) Adopt Resolution No. 2005-06 being an Order regm'ding the maximum permitted cable basic programming service and Adopt Resolution No. 2005-07, being an Order regarding the maximum permitted cable equipment and installation rates. MOTION: Move to waive the reading of Resolution No.2005-06, there being ample copies available to the public. P67 MOTION: Move to adopt Resolution 2005-06, being an Order regarding the maximum permitted basic progrmnming service rate set forth in the Federal Communications Cormrtission Form 1240 filed by Comcast on or about March 1, 2004. MOTION: Move to waive the reading of Resolution No. 2005-07, there being m2ple copies available to the public. MOTION: Move to adopt Resolution 2005-07, being an Order regarding the maximuln permitted City Council Agenda February 14, 2005 Page 3 of 3 equipment and installation rates set forth in the Federal Communications Cmmnission Form 1205 filed by Comcast on or about March 1, 2004. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 4656-4658 Polk Street P74 MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Va Megn Thoj regarding rental property at 4656-4658 Polk Street N.E. in that the violations on the property have been corrected. c) Public Hearing called for Revocation/Suspension of Rental Housing License at 4600- /4602 Jolmson P75 Street MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Tracy Saloka regarding rental property at 4600- k602 Johnson Street in that the violations on the property have been corrected. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions - none B) Bid Considerations 1) Adopt Resolution No. 2005-08, being a Resolution accepting proposals and awarding contract for architectural services for the building maintenance prqiect at the Municipal Service Center (MSC). MOTION: Move to waive the reading of Resolution No. 2005-08, there being ample copies available to the public. P76 MOTION: Move to Adopt Resolution No. 2005-08, and accept the bids for Architectural Services and award the bid to Buetow & Associates of St. Paul, MN based on their qualified bid in the m~otmt of $54,750; and, authorize the Mayor and City Manager to enter into an agreement for the Sallle. c) Other Business 1) Appoimmem to the Plmming and Zoning Commission Motion: Move to appoint to the Plamfing and Zoning Commission for the vacant term to expire April 2009. P85 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney CITIZENS FORUM (At this time, citizens have an opporttmity 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. Feh~t, fCity ~/~ager WF/pvm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 24, 2005 THESE MINUTES HAVE -NOT 'BEEN APPROVED. The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, January 24, 2005 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER/ROLL CALL/INVOCATION Mayor Peterson called the meeting to order at 7:00 p.m. Roll Call: Mayor Peterson, Councilmember Nawrocki, Councilmember Williams, Councilmember Ericson, and Councilmember Kelzenberg. Pastor Dan Thompson - Columbia Heights Assembly of God gave the Invocation. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Harold Hoium, 5th Street, requested all cun'ent ordinances be abolished ad suggested several new ordinances to be considered. He requested consent agenda item number five be removed for discussion. Peterson indicated these items would not be placed on the agenda unless so moved by Council. No motion was made. Nawrocki defended the right of the public to speak, but indicated that Mr. Hoium was wasting everyone's time. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS - Pastor Dan Thompson invited everyone to attend the Crossroads Conversation meeting on Friday, January 28 at the Islmnic Institute of Minnesota. This is a forum for the community to come together to understand each other and discuss what the community can do to help each other. Peterson stated that this is a wonderful way for the community to join together and thanked Pastor Dan for being the outreach for this program. CONSENT AGENDA Walt Fehst, City Manager took Councihuembers through the Consent agenda 1) Approve City Council Meeting Minutes for January 10, 2005 regular City Council meeting Motion to approve the minutes of the January 10, 2005, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the Planning and Zoning Commission meeting minutes of December 7, 2004. Motion to accept the Planning and Zoning Commission meeting minutes of January 4, 2005. 3) Establish Work Session meeting date for Monday, February_ 7, 2005, beginning at 7:00 p.m. in Conference Room 1. Motion to establish a Work Session meeting date for Monday, February 7, 2005 beginning at 7:00 p.m. in Conference Room 1. Fehst stated the only agenda item is a request from the bar at 40t~' and Central to allow a 2:00 a.m. closing time. Fehst stated the owner feels strongly about his request. Nawroc~' stated this meeting wouM be the same night as the only County Board of Review training. Someone on the Council must be trained before January 2006. Discussion included meeting earlier or on cb~ ~4ther night, but couM not be agreed upon. Peterson City Council Minutes January 24, 2005 Page 2 of 12 stated that Councihnember Nawrocki would receive the information and he could talk to him about the discussion. Nawrocki stated that he has received information on this fi'om the Police Chief and agT'ees with his assessment. 4) Approve City Newsletter Printing Quotations for 2005 Motion to enter into an agreement with Rapid Graphics and Mailing for printing, publishing, and distributing the City newsletter based upon their proposal of a yearly cost of $18,620 for four publications in 2005; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated this is a Columbia Heights agency and they were the lowest bidder. 5) Award Bid of 800 MHz Equipment Removed Nawrocki stated that a resident requested this be removed for discussion. 6) Establish Public Hearing - Cable Rates Motion to establish a Public Hearing date of Monday, February 14, 2005, at 7:00 pm. or as soon thereafter as possible, to pennit interested persons an opportunity to express their views on the basic services prograrmning and equipment rates and installation charges Comcast calculated in its March 2004 rate filing. Nawrocki stated this reflects an eight percent increase to the service held by most customers. The City does not have the ability to do much about this. He gave the history of deregulation of service. NawrocM indicated that the cable company has sent out surveys asldng for people to express their opinions, which he encouraged them to do. Williams questioned if we could bring in another cable company. Fehst stated yes, they cannot have a monopoly, but the upfi'ont costs to a cable company make it impractical. Peterson stated that he received a call on the high cost and he recommended the $13 option might be all they need. He encouraged anyone with questions to come to the hearing. Nawrocki stated that information for Universal Cable is in the City's newsletter. He requested that the public hearing be placed on our cable government access channel. 7) Adopt Resolution No. 2005-05 being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes Removed 8) Approve Public Works Blanket Orders for 2005 Motion to authorize staffto process blanket purchase orders in an muount not-to-exceed the 2005 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract and fuel (unleaded and diesel) for City vehicles fi:om the Anoka County Cooperative Agreement. Nawrocki stated that this means we are using cooperative agreements to purchase items and services. 9) Approve Joint Powers Agreement with Anoka County "Cities" for street maintenance. Motion to approve the Joint Powers Agreement between the cities of Andover, Brooklyn Center, Columbia Heights, Coon Rapids and Fridley for the joint public bidding of certain street P. 5 City Council Minutes January 24, 2005 Page 3 of 12 maintenance activities and authorize the Mayor and City Manager to enter into an agreement for the SalTle. Nawrocki asked what this covers. Kevin Hansen, Public Works Director, stated this would include seal coating, crack sealant, traffic marla'ng, screening se~n;ices, and street sweeping. We can pick and choose which services we wish to use. 10) Approve Final Payment for the Central Avenue Street, Utility, and Streetscaping Improvements Motion to accept the work for Central Avenue Street, Utility, and Streetscaping huprovements, City Project 99-12 and authorize final payment of $47,339.16 to Thomas and Sons Construction of Rodgers, Minnesota. Cleaning and Lining of 2~560 lineal feet of water main: Minneapolis 2005 Program Motion to authorize the preparation of final plans and specifications for water main cleaning and lining of two segments of pipe totaling 2,560 lineal feet, under the City of Minneapolis main cleaning and lining progrmu for 2005. Nawrocki stated that one of the options was to talk to the City of Hilltop regarding interconnection to help with water problems on one part of our system. Hansen stated that he intends to talk to them regarding this and water purchase. Hansen stated that the interconnection would not provide the removal of rustj?om the water and is not the solution, but does have its benefits. Peterson stated that he received a call from 4955 Monroe regarding water discoloration following roadwork and they would like to received any available infor~nation. 12) Establish a Hearing Date of February 14, 2005 for revocation or suspension of rental property license at 4600-4602 Johnson Street and 4656-4658 Polk Street. Motion to Establish a Hearing Date of February 14, 2005 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Tracy Saloka at 4600-4602 Johnson Street N.E. Motion to Establish a Heating Date of February 14, 2005 for Revocation or Suspension of a License to Operate a Rental PrOperty within the City of Colmubia Heights against Va Megn Thoj at 4656- 4658 Polk Street N.E. 13) Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 24, 2005 as presented. 14) Approve Payment of Bills Motion to approve payment of the bills out of the proper funds as listed in the attached check register covering Check Number 111326 through 111508 in the muount of $723,004.94. Nawrocki commented on the following bills: Lamination of City Goals banners at $289 was an unnecessary expense. Patchin Messner and Dodd appraisals were $17,500 and did not come before the EDA or City Council for approval, also $9,400 that was not brought forward. It is the intent of the Charter that certain items come thi'ough the City Council. The purchase order process should be reviewed, to allow us to get the best deal we can get. Was told we could not go on the Smith property, so $3,000 for the drive-by Smith appraisal was very expensive. · Registration of notary fees is expens~.~. We have eight notaries, which is more than we need. City Council Minutes January 24, 2005 Page 4 of 12 Fehst stated this would not be a problem and believed the main concern is that we have alternatives for progrmus and projects. Our attorney from Kennedy and Graven recommended the Patchin Company, as they have a excellent reputation in court cases. We have used other appraisers before and will do so in the future. Motion by Ericson, second by Williams, to approve the Consent Agenda items, except for items #5 and #7. Upon vote: All ayes. Motion carried. #5 Award Bid of 800 MHz Equipment Hoium asked why we need 30 radios. Fire Chief Charlie Thompson stated that Anoka County made the determination on radios, base stations, and mobile radios based on the population of the city. This determination was a significant shortfall of current equipment. This request includes the purchase of fifteen handheld radios, fifteen spare batteries, three desk base stations, digital remote headsets, speaker mikes, and chargers. Police Department equipment was replaced one for one. Thompson stated he has approached the County for additional equipment, indicating that we also cover the City of Hilltop. The response was that the request did not fit their formula. Thompson indicated that $55,000 was budgeted for this equipment and user fees. Nawrocki questioned if we have more radios for our department that other departments use. Thompson stated that he did not know the exact procedure for other cities and listed where the radios would be used. Ericson stated that this is a budgeted item and the request was anticipated. This would be operational equipment and for essential employees. Motion by Ericson, second by Williams, to award the 800 MHz equipment purchase to Ancom Communications, Inc., based upon their low, qualified, responsible bid in the amount of $39,599.45, plus an additional taxes with funds to be appropriated from 439-42200-5180; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon vote: All ayes. Motion carried. #7 Adopt Resolution No. 2005-05 being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes Nawrocki stated his opinion that we are not ready to begin the condemnation process, as there has not been enough done to obtain the property. The developer will not pay for the process; it will come out of TIF or through the quality of construction. He stated his intent to vote against this. Peterson stated this is to indicate that we want to move ahead and to encourage these people to get on board. Schumacher stated that these types of negotiations do not get serious until the City Council gets serious about the project. He stated that Mr. Schaffer is present to.answer questions. The Council packet includes a letter on Mr. Schaffer's attempts to purchase property in the area, which have been very successful. This resolution is only the beginning of a three month process. There are a nmnber of closings within the next 30 days. A public hearing date will be set by the EDA for additional input. Schumacher stated that without this resolution things would come to a halt. Nawrocki questioned the $3,000 Smith property appraisal. Schumacher indicated that State and County information are also gathered regarding the property and equipment, which is acceptable by the State. P. 7 City Council Minutes January 24, 2005 Page 5 of 12 Williams indicated the need to move forward and in the past, when condemnation was threatened it was not necessary to carry it out. Schmnacher noted that the appraisals do not include contamination and the properties have been appraised as clean. Excavation on the fn'st property has uncovered eight underground tanks. We are offering fair market value and being responsible for the clean up. The offers are very fair. Motion by Kelzenberg, second by Willimns, to waive the reading of Resolution No. 2005-05, there being ample copies available to the public. Upon vote: all Ayes. Motion carried. Motion by Kelzenberg, second by Williams, to adopt Resolution No. 2005-05, being a Resolution authorizing and directing the condemnation of certain property for redevelopment and road purposes. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Peterson, aye. 4 ayes - 1 nay. Motion carried. Resolzttion No. 2005-05 has been placed at the end of this document. PUBLIC HEARINGS A) Second reading of Ordinance No. 1480, being an Ordinance amendin~ Chapter 2, Section 15, of the Charter pertaining to Official Bonding Mike Hartel, Charter Commission, was present to answer questions. Motion by Nawrocki, second by Ericson, to waive the reading of Ordinance No. 1480, there being anaple copies available to the public. Upon vote: All ayes. Motion carried. Motion Nawrocki, second by Ericson, to adopt Ordinance No. 1480, being an Ordinance amending Chapter 2, Section 15, of Official Bonds of the City Charter. Upon vote: All ayes. Motion carried. Nawrocki indicated that a Resolution would be required, as indicated in the Ordinance. ORDINANCE NO. 1480 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 15 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO OFFICIAL BONDS The City of Columbia Heights does ordain: Section 1: Chapter 2, Section 15 of the Charter of the City of Columbia Heights which currently reads as follows, to wit: Section 15. OFFICIAL BONDS. The city manager, the city clerk, and such other officers of the city as may be provided for by ordinance, shall each before entering upon the duties of theft respective offices, give bond to the city in such sum as may be fzxed by the council as an additional security for the faithful performance of their respective official duties and the safekeeping of the public funds. Such bonds shall be approved by the city council and shall be endorsed by at least three members of the council as having been so approved. They shall be filed with the security of the council. The provisions of the laws of the state relating to official bonds, not inconsistent with this charter, shall be complied with. The first city manager under this charter shall give bond in the sum of Five Thousand Dollars, but the council may increase this requirement at any time. IS HEREWITH AMENDED TO READ AS FOLLOWS: Section 15. OFFICIAL BONDS. By resolution, the council shall establish bonding and insurance requirements for all city employees as security for the faithful performance of their respective duties and the safekeeping of the public funds, Section 2: This Ordinance shall be in full force and effect fi.om and after ninety (90) days after its passage. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 4824 Stinson Blvd. Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Alicia Anderson Regarding Rental Property at 4824 Stinson Blvd N.E. in that the Violations on the Property have been corrected. P. 8 City Council Minutes January 24, 2005 Page 6 of 12 C) Public Heating called for Revocation/Suspension of Rental Housing License at 1407-09 Circle Terrace Peterson closed the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Chris Cornelius Regarding Rental Property at 1407-09 Circle Terrace Blvd N.E. in that the Violations on the Property have been corrected. D) Public Hem-ing called for Revocation/Suspension of Rental Housing License at 3849-51 Central Avenue Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic, LLC Regarding Rental Property at 3849-51 Central Avenue N.E. in that the Violations on the Property have been corrected. E) Public Heating called for Revocation/Suspension of Rental Housing License at 1133 45th Avenue Peterson closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Donn Woods Regarding Rental Property at 1133 45th Avenue N.E. in that the Violations on the Property have been corrected. ITEMS FOR CONSIDERATION Other Business 1) Adopt Resolution No. 2005-04, being a Resolution establishing Planning and Zoning Fee Schedule and set Second Reading of Ordinance No. 1479 Fehst stated this recmmuended increase of fees is necessary to recover our costs relative to the time it takes to review plans. This would require an escrow by the developer to recover our costs, and any overage would go back to them. Bob Streetar, Cormuunity Development Director, stated this would require an amendment to the Zoning Ordinance and establishment of fees. He referred to the Aldi's project, where the charge was $400 for the review, but took $600 of our thue to complete. This means that the uncovered cost is paid by taxpayer dollars. This would adjust the fees to reflect our cost. Streetar indicated that these fees have only increased three times in 30 years. Williams gave an example which indicated that the City of Minneapolis charges fees to cover the service provided. Nawrocki stated that the budget is set for this year, including expenditures and revenues. This would be revenue enhancement and is premature. He indicated that staff should not be left to determine fees. Williams disagreed, stating that we can reduce our budget, and the users will hold staff accountable. The department will be paid according to the time they spend. Streetar indicated there would be no charge for questioned answered or any pre-application meetings. Fees begin upon application and this formula will generate about an additional $1,000 per year. The fee reflects only wages and fringe benefits. State law allows 60 days to process these applications. Kelzenberg complimented Streetar on this recommendation. He indicated "the sooner, the better" for implementation. Peterson gave his support to the program, but stressed keeping excellent records to verify our time. Plan review is based on value. If we could do this with building inspection fees, the cost would be higher. Streetar indicated that time cards will reflect hours for the project and will be made part of the project file. P. 9 City Council Minutes January 24, 2005 Page 7 of 12 Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2005-04 there being mr~ple copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2005-04, being a Resolution m~ending the Planning and Zoning Fee Schedule. Motion to amend by Nawrocki to add language indicating that any amount of money above the fees from the current schedule be escrowed and not used without Council action during the current year. Second by Williams. Peterson stated this 'amendment would not show an increase or decrease to this year's budget. Streetar indicated that any overage collected would be refunded. Upon vote of the amendment: All ayes. Motion carried. Upon vote of the original motion: Kelzenberg, aye; Willimns, aye; EriCson, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Motion by Ericson, second by Williams, to waive the reading of Ordinance No. 1479 there being mnple copies available to the public. Upon vote: All ayes. Motion carried. Motion Ericson, second by Williams to establish February 14, 2005 for the second reading of Ordinance 1479 being an Ordinance amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428. Upon vote: All ayes. Motion carried. RESOLUTION 2005 - 04 RESOLUTION AMENDING PLANNING AND ZONING FEE SCHEDULE WltEREAS, the planning and zoning permit fees have not been adjusted since 1996 and do not reflect the increased cost of processing planning and zoning permit applications, and WltEREAS, City Ordinance 853, City Code of 1997 (as amended) provides for the City Council to adjust the planning and zoning permit fees periodically, and WltEREAS, any amount of money above the fees from the current schedule be escrowed and not used without Council action during the calendar year 2005. NOW, TItEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby adopts the following planning and zoning permit application fees schedule to be effective March 16, 2005. Application Fee Appeal $185 Comprehensive Plan Amendment $545 Conditional Use Permit $220 Final Plat $395 Interim Use $255 Minor Subdivision $275 Preliminary Plat $670 Site Plan Review $370 Vacation $150 Variance $235 Zoning Amendment $545 ADMINISTRATIVE REPORTS Report of the City Manager P. 10 City Council Minutes January 24, 2005 Page 8 of 12 On January 19, 2005 the City re-applied for no fault sanitary sewer coverage to the League of Minnesota Cities Insurance Trust. We were previously denied, as our progrmn did not qualify for coverage. Fehst state that a sump pmnp and formal inspection program have been implemented, the sewer cleaning cycle has been shortened to every three years and yearly for trouble areas, the budget for cleaning and notification has doubled, staff has been increased by one, and Council has approved new equipment for cleaning lines in 2005. He stated that a backwater valve policy has been established and utilized by 95 percent of residents from the area affected in 2003. Nawrocki stated that residents with backups in the past should be compensated for what they paid because of a blockage in our street. Fehst stated that would be a Council policy decision, He indicated that the insurance trust has turned down reimbursement following the determination that the backups were not at the fault of the city; but he understands the comment that it is not the homeowner's fault either. Williams suggested waiting to address this until we know if the League will insure us. If they do not, we could hire an attorney and go after them for the homeowners. Nawrocki stated that he would continue to bring this up. Fehst stated that the insurance company makes a determination upon investigation and we have paid for backups where the City has been deficient in cleaning the lines. Nawrocki asked that information be gathered on any backups for the last four years. Fehst questioned the status if there is inordinate mnount of water to deal with. Hansen stated that "no fault" insurance does not recognize acts of God. Fehst gave a synopsis of our attorney fees over the last six years and indicated the decline in the amount of civil and prosecution work. He stated that staff is putting together a survey of fees, and will then ask if Council wants to go out for bids for legal services. The rate for our current service has not increased. Report of the City Attorney - none CITIZENS FORUM Sue Genosky, 4851 Jefferson, requested an update on the Maxfield survey regarding building gyn'masiums. Peterson stated that the survey would be presented to the School Board. A joint meeting will be planned to discuss this. He indicated his disappointed that the survey did not answer what our needs are. We could fund 80 percent of the cost if we add on a competitive gylrdfitness area. Peterson stated that figures regarding the number of students in the district will be recalculated. Steve Iserman, stated he lives next to 666 40th Avenue, where a methamphetamine lab was removed, and asked that the property be inspected, as it is very run down. Peterson asked that this be done. Nawrocki asked to be allowed his Council Comer comrnents, as he needed to leave the meeting. No maximum truck weight signs on Jackson Street between 39th and 40th Avenues. Third request for itemized costs on the industrial park redevelopment. There is a need to revisit fees charged to residents for facility use of Murzyn Hall. Need to appoint a Planning and Zoning Commission member. Purchase order concern: $15,000 lhnit is too high. Review and consider reducing at a work session. Pay scale for the new building official is the second highest in a group of six cities, from the Stanton Report SRA meeting discussed intercommunications and setting up your own intemet service. Pamphlets are available for review. SRA is involved in the Centerpoint Energy rate case, which includes everyone paying a $5 fee even if they do not use anY gas. It is being prop(p. 1 iat $15, but possibly will settle at $8. They will City Council Minutes January 24, 2005 Page 9 of 12 contest expensive requh'ements on cities to map service lines. The City Engineer's group is also trying to represent our interests. · Xcel is proposing to discontinue lighting service - we need to verify to the SRA what contracts we have with Xcel. · The saying "doing more with less" is an amusement to staff. A different way to state it is "contain costs while increasing efficiency". Councihnember Nawrocki left the meeting at 8:40 p.m. Elaine Feely, 4601 Chatham Road, gave an update on the deer at the Minneapolis Water Works property. A major contributor has agreed to feed the deer for six months or longer. If the deer are transferred, there are funds for transfer and for food. State Representative Barb Goodwin will introduce House Bill HS3037 regarding animal health to alleviate some of the restrictions holding up the transfer of the deer. Feely stated her discovery this week that if the Water Works obtains a Pre,false ID the transfer can take place. Peterson questioned the current pennit to move the deer. Feely stated that the permit is restrictive, not allowing the property owner to photograph, exhibit, or propagate the deer. Kelly Farris, 4609 Chathmn Road, stated that the Concerned Citizens group would pursue including bow hunting in the City's firearms and weapons ordinance. City Attorney Jim Hoeft indicated that it is common for people to set up bow and an'ow targets in their back yard. Farris stated that some of those arrows are launched into neighbor's backyards. COUNCIL CORNER Ericson · Ehlers & Associates newsletter spoke of Columbia Heights redevelopment with a very positive quote from Mark Ruff. Has been contacted by people from other cities with positive comments on the redevelopment in the city. · Congratulations to the Boys 7A traveling basketball team. Kelzenberg · We lost a good friend in Arnie Knutson. He faced adversity and was always smiling. He was greatly achuired. · Congratulated Colmnbia Heights on our recycling numbers. We exceeded our 2004 goal. Read the article from the green sheet. Willimns · · Visited Amie Knutson in the nursing home recently and still got hhn to smile. Admire the concerned citizens for the deer. If they work that hard for gym space we would get it done. · Mickey Rooney and his wife have celebrated their 50th wedding anniversary. · We have received $873,000 for the second phase clean up in the industrial area. · We have lost a lot of state aid, but have received that money back in clean up costs. Fehst stated that we will have received $2,000, O00 for clean zip. · We need to pray for the health and peace of our neighbors. Peterson · Amie Knutson was a good person, and was our largest "campaigner" for the City. He was a fixture of Columbia Heights. P. 12 City Council Minutes January 24, 2005 Page 10 of 12 · Tri City Hockey will host a dance on February 11th with a silent auction and raffle at Murzyn Hall. They have raised $15,000 in two years to support scholarships. · February 12th will be the Lions Sweetheart dance at Murzyn Hall. · Don't take ourselves to seriously, look at what is important in life. ADJOURNMENT Peterson adjourned the meeting at 8:55 p.m. Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary RESOLUTION NO. 2005-05 RESOLUTION AUTHORIZING AND DIRECTING THE CONDEMNATION OF CERTAIN PROPERTY FOR REDEVELOPMENT AND ROAD PURPOSES WHEREAS, the City of Columbia Heights ("City") is a charter city duly organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council is the official governing body of the City; and WHEREAS, the City and the Columbia Heights Economic Development Authority (as successor to the Housing and Redevelopment Authority in and for the City of Columbia Heights) ("Authority") have undertaken a program to promote redevelopment of land that is characterized by blight and blighting factors within the City, and in this connection the Authority admiaisters a redevelopment project known as the Downtown CDB Redevelopment Project ("Project") pursuant to Minnesota Statutes, Sections 469.001 to 469.047 (the '%IRA Act"); and WHEREAS, pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 ("the Act") and the HRA Act, the Authority is authorized to acquire real estate by exercising the power of eminent domain under and pursuant to Minn. Stat., Ch. 117, and to undertake certain activities to facilitate the redevelopment of real property by private enterprise; and WHEREAS, within the Project, the City and Authority have created the Huset Park Area Tax Increment Financing District ("TIF District") in order to facilitate redevelopment of certain property in the Project; and · WHEREAS, the Authority and Huset Park Development Corporation; a Minnesota Corporation, ("Redeveloper") have previously entered into a Contract for Private Redevelopment dated as of October 25, 2004, (the "Contract for Private Redevelopment") regarding redevelopment of the property described in Exhibit A attached hereto and other property; and WHEREAS, the Redeveloper, City and Authority have taken various actions in furtherance of the Project, pursuant to the Preliminary Development Agreement and Contract for Private Redevelopment, all of which indicate the Project is feasible and desirable, including, but not limited to, environmental, blight and economic studies, determination of needed public infrastructure, agreements to acquire and acquisition of property, relocation analysis and land use planning; and WHEREAS, the City and Authority believe that the redevelopment of the Redevelopment Property pursuant to the Contract for Private Redevelopment, and fulfillment generally of the Contract for Private Redevelopment, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable State and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the real estate described in Exhibit A attached hereto and incorporated herein (collectively, "Subject Property") is located within the Project, as presently constituted, and is among the parcels which are to be redeveloped pursuant to the Contract for Private Redevelopment; and WHEREAS, on October 25, 2004, by Resolution No. 2004-55, the City Council approved, established and adopted a Modification (the ''Project Plan Modification") to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the ''Project Area"), found that the adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the State of Minnesota which is characterized by blight, occupied by substandard buildings, and contaminated with pollutants; and that the fmancial assistance described in the TIF Plan will revitalize this area, significantly expand the amount and variety of housing stock in the City, and expand the tax base; and that, because these benefits would not accrue without the assistance provided, any benefits received by private redevelopers are incidental to the broader benefits achieved by the overall development of the TIF District; and WHEREAS, in said Resolution No. 2004-55, the City Council found that the TIF District portion of the Project Area is a '%lighted area" within the meaning of Minn. Stat., §469.02, Subd. 11, and that acquisition, clearance and related activities to redevelop the TIF District portion of the Project Area in accordance with the Project Plan and the TIF Plan constitute a "redevelopment project" within the meaning of Minn. Stat. §469.nn'~ Subd. 14; and WHEREAS, in accordance with Section 3.2 of the CcP' 1 3t for Private Redevelopment, the Redeveloper has notified the City Council Minutes January 24, 2005 Page 11 of 12 Authority in writing that (a) the Redeveloper has been unsuccessful in accomplisl~ing acquisition of the Subject Property voluntarily after commercially reasonable efforts to do so; and (b) that such efforts included a written offer to owners of all such parcels to acquire such parcels for a price approved by the Authority as reasonable and an offer to mediate; and WHEREAS, the Authority found that the Redeveloper's efforts to voluntarily acquire the Subject Property were reasonable and satisfy the requirements for doing so under the Contract for Private Redevelopment; and WHEREAS, acquisition of the Subject Property by the Authority is essential in order to eliminate blight and implement the Project; and WHEREAS, the Board of Commissioners of the Authority has found (and this Council also hereby £mds) that redevelopment of the Subject Property consistent with the Project is necessary, convenient, desirable, for a public purpose, in the best interests of the citizens of the City and will promote the general health, welfare and safety of the community; and · WHEREAS, the City Council f'mds that it is also necessary, convenient, desirable, for a public purpose, in the best interests of the City and will promote the general health, welfare and safety of the community for the City to acquire portions of the Subject Property for street purposes; and WHEREAS, the Board of Commissioners of the Authority has found that it is in the best interest of both the Authority and the City if the City proceeds to acquire all of the Subject Property and then convey to the Authority the portions thereof not required by the City for street purposes ("Remainder") so that the Authority may redevelop the Remainder pursuant to the Contract for Private Redevelopment; and WHEREAS, the Board of Commissioners of the Authority has found that the funding and construction schedule for the redevelopment pursuant to the Contract for Private Redevelopment makes it necessary to acquire title to and possession of the Subject Property prior to the filing of the f'mal report of the condemnation commissioners to be appointed by the district court. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Minnesota that: 1. It is necessary that the Subject Property be acquired by the City in fee simple absolute for the stated public purposes through the exercise of the power of eminent domain. 2. The Authority's Attomey is hereby authorized and directed to take all steps necessary to acquire the Subject Property on behalf of the City, including, if necessary, by use of eminent domain proceedings, pursuant to Minn. Stat. § 117.042, prior to issuance of an award of damages by Court-Appointed Commissioners. 3. The amounts stated on Exhibit B attached hereto are hereby determined to be just compensation for the various parcels of the Subject Property for the purpose of offers to the owners pursuant to Minn. Stat. § 117.036 and for the purpose of deposit with the District Court Administrator as the City's approved appraisal of value pursuant to Minn. Stat. § 117.042. Adopted by the City Council of the City of Columbia Heights, Minnesota this 24th day of January 2005. EXltlBIT A Legal Descriptions of Properties To Be Acquired by Eminent Domain Proceedings (collectively, "Subiect Property") Parcel E The street addresses of Parcel E are 3755 University Avenue NE, 3700-5th Street NE and 317-37th Avenue NE, Columbia Heights, Minnesota 55421. The property identification numbers for Parcel E are: 35-30-24-34-0003 (3700 5t~ Street NE) and 35-30-24-34-0004 (317 - 37th Avenue NE) The legal description of Parcel E is as follows: Lots 4 and 5, Auditor's Subdivision No. 50 Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on f'fie and of record in the office of the County Recorder in and for Anoka County, Minnesota. Parcel F The street address of Parcel F is 620 - 39th AvenUe NE, Columbia Heights, Minnesota 55421. The property identification number for Parcel F is: 35-30-24-43-0047 The legal description of Parcel F is as follows: Lots 1 and 2, Block 3, 2nd Subdivision of Block F, Columbia Heights Annex, together with that portion of the North ½ of 38th ½ Avenue Northeast abutting said Lots, heretofore vacated Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota P. 14 City Council Minutes January 24, 2005 Page 12 of 12 Parcel G The street address of Parcel G is 450 - 38th Avenue NE, Columbia Heights, Minnesota 55421. The property identification number for Parcel G is: 35-30-24-34-0002 The legal description of Parcel G is as follows: That part of Lot 3, Auditor's Subdivision No. 50, Anoka County, Minnesota, lying 9.00 feet Northwesterly of the vacated spur track once located on said Lot 3. Together with vacated and to be vacated streets and alleys accruing thereto upon vacation and appurtenant easements if any. According to the map or plat thereof on file and of record in the office of the County Recorder in and for Anoka County, Minnesota. EXEIIBIT B Just Compensation Amounts Parcel Property Address Just Compensation Amount* E 3755 University Avenue NE $1,405,100 Columbia Heights, MN F 620 - 3 9th Avenue NE $438,210 Columbia Heights, MN G 450 - 38th Avenue NE $320,000 Columbia Heights, MN *Includes real estate and fixtures, if any, for entire parcel. P. 15 PLANNING & ZONING COMMISSION MINUTES OF THE REGULAR MEETING FEBRUARY 1, 2005 7:00 PM The meeting was called to order at 7:10 pm. By Chair Szurek. Roll Call: Present: Schmitt, Szurek, & Fiorendino Also present were Pat Smith (City Plam~er), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Schmitt, second by Fiorendino, to approve the minutes from January 4, 2005 as written. All Ayes. MOTION PASSED. PUBLIC HEARINGS None NEW BUSINESS Planner Smith held a training session on Comprehensive Plans and the Role and Responsibilities of the Comanission. He explained there are four main goals of the Commission. 1. To implement the Comprehensive Plan using various tools including the Zoning Ordinance, the Building Code, the Subdivision Regulations and the Capital Improvement Programs. 2. To keep the Comprehensive Plan up to date. 3. To stay non-political. The Platming and Zoning Commission members must rely on established policies and represent the comrnunity as a whole. 4. To gather public input and hold public hearings as required. Smith stated the most important task they are responsible for is updating the Comprehensive Plan and seeing that it is followed. The Plan must be updated every 10 years. This must be done again by 2008. However, Plmmer Smith said it is staff's goal to update the Comprehensive Plan witlfin the next year. He addressed the differences between the Comprehensive Plan and the Zoning Ordinance. He reminded cmmnission members that when receiving public input which iSrequired, they mUst remain objective and make their decisions based on the established policies and goals that have been set. Some residents can get very vocal regarding some issues that affect them, but that isn't necessarily indicative of what is best for the community as a whole. Plmmer Smith reviewed the steps taken to prepare the Comprehensive Plan-- 2. 3. 4. 5. Assess current conditions of the City. Develop goals fOr the community. Develop Plan Elements of what the cmmnunity will look like in the future. Prepare Land Use Map. Decide how to Implement these goals. Smith then reviewed the steps taken t~ amend tio' l'~omprehensive Plan. PLANNING & ZONING COMMISSION MINUTES PAGE 2 FEBRUARY 1, 2005 Smith covered the ethics involved in serving on the Colmnission. He stated why ethics are so important when malch:tg decisions and upholding the Comprehensive Plan. While sometimes the Commission is just a recommending body to the City Council, other times it is the body that holds the Public Hearings, or in the case of an appeal, it is the body that has the final say. The members will review this section more closely and may have some of the key principles added to the Agenda Page as a reminder to the members and the public wi:tat role they serve and what principles are followed when making their decisions. MISCELLANEOUS ITEMS Planner Smith updated the members on the Industrial Site Project, Grand Central Lofts Site, and various properties along Central Avenue. He explained the City is currently working with Ryland on the possible construction of 280 townhomes for the first and second phase of the Industrial site. The third phase would be done by Schaffer-Richardson for the condos and flats. There was a discussion regarding recent inquiries to open used car lots at various sites along Central Avenue. The commission directed staffto look into passing a moratorium to prevent this type of use along Central Avenue until the proper action can be made to the Zoning Ordinance to prohibit this as a penn_itted use in that zoning district. They all concurred, in keeping with the intent of the Comprehensive Plan, this is not the type of business we want to allow along Central. Motion by Fiorendino, second by Schmitt, to adjourn the meeting at 8:45 pm. Respectfully submitted, Shelley Hanson Secretary P. 17 COLUMBIA HEIGHTS CHARTER COMMISSION MINUTES THESE MINUTES HAVI JANUARY 21, 2005 ~:00 e.~. NOT BEEN APPROVE[~ MURZYN HALL CALL TO ORDER The meeting was called to order by President Hartel at 7:10 p.m. ROLL CALL Members present: Bob Buboltz, Nicole Druckrey, Barb Gertsema, Mike Hartel, Nancy King, Kathleen Korday (7:20), Scott Kyseth, Mike Patiuk, Clara Schmidt, Joe Sturdevant, Joseph Sturdevm~t, Dan Vogtman Members absent and excused: James Jolmson Members absent and unexcused: None Current membership strands at thirteen members and two vacancies. Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Comacil Liaison Mayor Gary Peterson was not present at the meethag (out of town). APPROVAL OF MINUTES Motion by Commissioner King, seconded by Cormnissioner Buboltz, to approve the minutes as presented for October 21, 2004. Motion passed unanimously. ELECTION OF OFFICERS President Hartel asked for nolninations for President for 2005. Con-nnissioner King nominated Mike Hartel; commissioner Schrnidt nomhaated Joseph Sturdevant. Both agreed to be nominated. No further nominations for President were made. Joseph Sturdevant was elected as the new President for 2005 on a vote of 6-4. Hartel agreed to finish out tonight's meeting. He asked for nominations for Vice President. Cormnissioner Sturdevant nominated Joe Sturdevant, who declined. Commissioner Sturdevant then nominated Michael Patiuk, who accepted the nomination. No further nominations for Vice President were made. Michael Patiuk was unanimously elected as the new Vice President for 2005. President Hartel asked for nominations for Secretary. Commissioner Sturdevant nominated Bob Buboltz. No other nominations for Secretary were made. Bob Buboltz was unanimously elected as Secretary for 2005. CORRESPONDENCE The Recording Secretary reported the following correspondence since the October meeting: · Members received invitations to the joint board/cormnission dinner in December. Page 1 January 20,2005 P. 18 Proposed charter changes to Chapter 2, Section 15, Official Bonds, were forwarded to the City Council for their review and action One new application for membership has been received and forwarded to the Chief Judge as of this date. New membership roster were passed out to the commissioners present at tonight's meeting. Members were asked to verify their e-mail addresses. Commissioner Korday stated her e-mail address is incorrect and when she has a new one set up, she will notify the Recording Secretary. Commissioner Buboltz stated there should be a dot between the number "12" and "man" in his e-mail address. STATUS OF MEMBERSHIP The Charter Commission currently has two vacancies. Commissioners Buboltz and King both have their first terms expiring in February of 2005. Both wish to be reappointed to another four year tenrt, and will send letters to the Chief Judge asking for reappointment. OLD BUSINESS Joint Board/Commission Dimmer- December 8, 2004 Members of the Charter Cm~nrfission who attended the event on December 8th expressed their appreciation for the wonderful dinner. For those members who could not attend, the Recording Secretary presented them with "City of Columbia Heights" mugs filled with candy and tea bags. Discussion of Chapter 2, Section 15, Official Bonds Hartel explained to the commission that he attended the January 3, 2005, work session when this item first was presented to the City Council. Questions were raised by Councilmember Nawrocki which were addressed by Hartel and the City Attorney. Hartel also attended the Council meeting on behalf of the commission on January l0th, when the Council held their first reading on the proposed charter change. As newly-elected President Sturdevant cannot attend the next Council meeting on January 24th when the council will hold their second reading, Hartel will also attend this meeting on behalf of the commission. The proposed change to Chapter 2, Section 15 is as follows: Section 15. OFFICIAL BONDS. By resolution, the council shall establish bonding and insurance requirements for all city employees as security for the faithful performance of their respective duties and the safekeeping of the public funds. The city council has the option of passing the proposed revision unanimously or returning it to the commission for possible modifications. The Charter Conn'nission can make modifications to the amendments or place the item on the ballot at the next regular election for the voters to decide. It would not be prudent to place the item on the ballot at a special election. Mr. Hoeft explained the proposed wording would satisfy the requirement for a fidelity bond and would also satisfy state statutes. He explained that the state statutes basically state we have to have fidelity bonds for certain employees. There is no current ordinance on the books regarding official bonds. Page 2 January 20,2005 P. 19 Discussion of Chapter 3, Section 19, Procedure on Ordinances and Chapter 3, Section 22, Si. ~ming and Publication of Ordinances and Resolutions The City Attorney reiterated that these sections of the city charter were recently discussed at the time the refinancing of the existing bonds for Parkview Villa was being discussed. Our Financial Consultant, Mark Ruff, fi'om Ehlers and Associates, had commented on the long period of tinge (30 days) for an ordinance to take effect. In this particular instance, the city could lose out on some great interest rates for the refinancing of the existing bonds because of the 30-day wait period. So, there has been discussion not to shorten the length of time an ordinance takes affect for all ordinances, but only if it is pertaining to "refinancing" of cun'ent bondS, which would greatly streamline this process. Per request of the Charter Cmmuission members in October, the City Attorney put together some new language for tonight's meeting. He stated that after reviewing this issue and the city charter, he feels that this change could be addressed simply by adding a sentence in the last paragraph of Chapter 7, Section 72 of the city charter. Therefore, he proposes that the last paragraph of Chapter 7, Section 72 should read as follows: Before any bonds are sold, there shall be a four-fifths vote of the council authorizing the issuance of the bonds by ordinance. However, bonds to be sold for the refinancing of any existing bonds shall be authorized by four fifths vote of the council by resolution. Following its passage, the ordinance shall be published at least once by publication in a legal newspaper having general circulation ha the city. The registered voters of the city shall have thirty days from the date of publication to initiate a referendum on the ordinance authorizing the issuance. Subsequent to the passage of the authorizing ordinance, its publication, and the thirty-day period, the bond sale shall occur within sixty days. During said sixty day period, the City Manager shall have the authority to establish a special meeting upon at least seventy-two (72) hours advance notice to each member of the council. At that special meeting, the City Manager is authorized to receive the actual bid(s) or sale of the bonds to be negotiated. The actual award or sale of the bonds shall be approved by a resolution passed by a four-fifths vote of the council. Commissioner Votgman stated he dich~'t thhuk the charter should make it too easy for the Council on the issue of bonding, and the council should use due diligence. Co~rnuissioner Korday stated she feels we should do something on this issue before the next bonding event may arise. Motion by Cormnissioner Korday, seconded by Cmmnissioner King, to approve, on first reading on the commission level, the above proposed change to Section 72 of the city charter. Motion passed 10-2-0-0. It was suggested that President Sturdevant could present this item to the City Council at a work session in February for council feedback, and then the Charter Commission will hold its second reading at its regular meeting in April. NEW BUSINESS Approval of 2004 Charter Conuuission gnmual Report Members of the commission received a copy in their agenda packets of the 2004 annual report as prepared by the Recording Secretary. Motion by Cmmuissioner Buboltz, seconded by Commissioner Sturdevant, to approve the amaual report as prepared. Motion passed unanimously. The report will be forwarded to the Chief Judge and the Finance Director. Page 3 January 20,2005 P. 20 Discussion on Topic of Wards/Districts in the Ci_ty President Sturdevant brought up the idea of having more geographically distributed council representatives tlu-oughout the city by having wards/districts. Commissioner Buboltz stated that we have very different neighborhoods in the city now. There are a lot of pros and cons to this issue. The Recording Secretary was asked to contact the League of Mim~esota Cities for any research they have on this issue, including pros and cons and size of cities that do have wards/districts. Discussion on Politicians Buying Property in the CiW Conm~issioner Korday had questions for the City Attorney about the recent transactions that took place between cra-rent politicim~s and buying property in the city. She wanted to know if there were any stop guards in place now to avoid this happening again, or if ones could be put in place. The City Attorney explained that he was asked about this situation, and he advised that they could not vote or take part in any discussions on this issue on a council level. At the EDA level, then the politicians involved decided to abstain fi'om voting or holding discussions at that level. When asked if there are any laws to prevent this from occmring, the City Attorney also advised that there are stop guards in place now (in the state statutes). Conm~issioner King left the meeting at 8:12 p.m. Cormnissioners discussed having trust in their city officials; others felt the public trust was broken because their fudiciary duty to the general public was broken. NEXT MEETING DATE The next Charter Commission meeting will be April 21, 2005, at Murzyn Hall at 7 p.m. ADJOURNMENT Motion by Cormnissioner Schmidt, seconded by Commissioner Buboltz to adjourn the meeting at 8:18 p.m. Motion passed unanimously. Respectfully submitted, Carole J. Blowers Recording Secretary Page 4 January 20,2005 P. 21 THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, JANUARY 20, 2005 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: ~ Excused Members: Council Representative: City Representatives: Legal Counsel: Comcast Representative: APPROVAL OF MINUTES Dennis Stroik, Ken Henke, Brad Peterson, Dan Swee, and Dave Mahoney Reuben Ruen arrived at 7:05 pm Bob Buboltz (He was attending the Charter Commission Meeting) Bruce Nawrocki Linda Magee Steve Guzzetta Kathi Donnelly-Cohen Motion by Dan Swee, second by Dave Mahoney, to approve the minutes from the meeting of October 21, 2004. All ayes. OLD BUSINESS A. Channel Check Everyflxing checked out fine. B. Correspondence Log and Follow Up on Complaints Kathi Don_nelly-Cohen reviewed the complaint received from Ms. Lynette Thomson regarding her confusion over the price increase notice she received in November. A Comcast Representative spoke with her for about 45 minutes to explain the notice to her. Council member Nawrocki stated her primary complaint was that rates were rising again. She also reported to Mr. Nawrocki that when the Comcast representative called her he was also promoting various packages which she. wasn't interested in subscribing to. C. Other Old BUsiness No other old business. NEW BUSINESS , A. Franchise Fee for 3rd Quarter 2004 We received the 3rd Quarter franchise fee payment and a copy was enclosed in the agenda packets. P. 2 2 TELECOMMUNICATION COMMISSION MINUTES PAGE 2 JANUARY 20, 2O05 Notice that "On Demand" Programming is being added A copy of the notice received in November Was enclosed in the packets whereby the City was informed of the various Programs and Services offered by Comcast. One service that will be added soon is "On Demand" Service that will provide access to hundreds of hours of free programming and can be controlled with the person's remote control. Kathi Donnelly-Cohen also informed members of the press release that went out thii week stating that subscribers that have internet service will have the sPeed of the service increased within 90 days, at no additional, f~e. Rate Adjustments Effective January 1, 2005 Also enclosed in the packets was the Price Increase Notice effective January 1, 2005, that was sent to subscribers. Nawrocki stated this is an 8% increase from last year and he felt it was excessive. He comPared the rates to those in the past and felt the lack of co. mpetition allowed the company to increase the rates unnecessarily. Kathi responded that the number of channels has increased dramatically over the years and that the charges for these channels to Comcast has also increased each year. Plus upgrades to the system must be spread out over several years, which constitute some of the increases also. There was a short discussion about alternatives available to subscribers, such as Satellite TV, and that it brings competition to the market. D. Rate Regulation: Options and Recommended Action Steve Guzzetta reviewed the options available to the City in regards to regulating the rates. He explained that Option # 1 would be to do nothing for this rate increase, but we could act on future rate filings. Option #2 w0/~ld be to de-certify which would take away our right to regulate rate~. No money would'be expended in this area and we would not receive any rate forms. Option #3 is to not perform a review at this time, but to issue rate orders preserving our rights to review future forms or to take furore action if deemed appropriate. Guzzetta explained that if rates are excessive and orders are issued to roll back the fees and issue refunds, Comcast can app'eal those orders with the FCC. He stated that refunds on equipment charges are more apt to be supported than refunds on programming fees. After consulting with staff, he recommends the Commission advise the Council to go with Option #3. Motion by Henke, seconded by Peterson to recommend the Council hold a Public Hearing on February 14, 2005, and advise the Council to approve Option #3 to not perform a rkview at this time, but to issue rate orders preserving our rights to review future forms or take future action if deemed appropriate. All ayes. MOTION PASSED. E. Notice Regarding Charges for Service Calls Subscribers were notified that effectiVe February 1, 2005, a flat rate will be charged for all service calls caused by problems not related to Comcast equipment. Customers who subscribe to Whole House Wire Maintenance Plan ($2.95/mo) will remain exempt from this charge. In the past, customers were charged an ho-,q,r,:ate of $27.99 rather than the flat rate. P. 23 TELECOMMUNICATION COMMISSION MINUTES PAGE 3 JANUARY 20, 2005 F. Addition of Asian Channels and The International Channel for Tsunami Recovery Information Be~nning January 6, 2005, Comcast will temporarily provide two South Asian television news and information channels for its Twin Cities customers. Zee TV (Channel 71) and TV Asia (Channel 72) provide programming from South Asia and the Indian Subcontinent. In addition, the International Channel, which is normally carried in the Distal Line Up, will be available to its analog customers as well on Channel 73. This service is being provided, at no additional cost, through Monday, January 31, 2005. It is meant as a goodwill gesture to provide information to those who are following this disaster. Henke inquired whether it is pdssible to determine how many people actually watched these channels. Kathi responded that it isn't possible to gauge the number of viewers. Other New Business Kathi informed the members that the annual surveys have gone out and she is getting them returned so the responses can be included in the annual report. REPORTS Report of Commissioners Education-Nothing to report Library-Nothing to report Public-Nothing to report Government-Nothing to report Report of Comcast- The reports for Oct-Dec. 2004 were reviewed. Also enclosed was the January Edition of the Monthly News, a written report of newsworthy items including changes in programming, technology, and other items o£interest regarding Comcast's products and services. Reuben asked whether the Emergency Broadcast worked on both Analog and Digital Service. Kathi stated it does work on both and that it is tested at various times throughout the month by Comcast. C. Report of the Cable Attorney Nothing further to report. D. Report of the Assistant' to the City Manager Nothing further to report. Motion by Ken hrenke, seconded by Reuben Ruen, to adjourn the meeting at 7:45 pm. All ayes. Respectfully submitted, .qhellev Hanson P. 24 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES January 4, 2005 The meeting was called to order by Chair, Barbara Miller. Those members present were Barbara Miller, Nancy Hoium, Patricia Sowada, Bruce Kelzenberg, Catherine Vesley, and Becky Loader. The newly appointed Council Liaison, Bruce Kelzenberg, was introduced and welcomed by the Board. A brief overview of the procedures of a Library Board meeting was provided. It was moved, seconded, and passed to approve the minutes of the December 7, 2004, Board meeting as mailed. Bill list dated 12/28/04 was reviewed. It was moved, seconded, and passed that they be paid. Bill list dated 12/30/04 was reviewed. It was moved, seconded, and passed that they be paid. Bill list dated 1/4/05 of 2004 bills was reviewed. It was moved, seconded and passed that they also be paid. The 2004 accounting was reviewed. It was noted that a new line item has been added, Accrued Salaries. This change was suggested by the Finance Department to more accurately reflect on a monthly basis the total of the approved budget that has been expended. Bill list dated 1/4/05 of 2005 bills was reviewed. It was moved, seconded, and passed that they be paid. The 2005 accounting was reviewed. Old Business: 1. The 2005 approved budget was discussed. The minutes fi:om the December 6, 2004 City Council work session concerning the 2005 Library budget were reviewed. 2. ILS update was provided. The contract with SIRSI has been negotiated and signed. The next step of implementation will be addressed. The goal is to be live-on-line by May 16, 2005. An explanation of the upcoming Integrated Library System that will replace the current circulation system was provided for Mr. Kelzenberg. a. In conjunction with the new ILS the issue of PC management still needs to be addressed. The management system would provide a means for using your library card to access the Internet at the pc station. This would eliminate the need for a sign up sheet that is currently monitored by staff. 3. Two pages have resigned. Becky has received permission to hire replacements from applications on file fi:om the August recruitment. One person has responded and is still interested in the position. She will begin training on January 6. The situation will be re-evaluated in March, with possible recruitment taking place at that time. 4. The public copier has had problems with the coin-op since July. Staff has been trying to negotiate a solution since that time. Staffhas agreed to pay for one service call and has negotiated the coin-op to be added to the current contract for a fee of $295/yr. 1 P. 25 New Business: 1. Video challenge on the movie "Magnolia" was discussed. The video was retained in the collection. 2. The new MELSA library card application form was reviewed and discussed. 3. Statistics regarding delinquent library cards presented for Internet use were reviewed. Patrons with a fine of $5.00 and over have all other card privileges revoked until they have the fine below that amount. It was moved, seconded, and passed to make the policy for Intemet use consistent regarding maximum library fmes and provision of service. 4. Thank you letter for the compact disc donation of Song of Poland was reviewed. 5. Article in the Tribune on 12/23/04 about O.H. Prestemon was reviewed. 6. Article of 12/16/04 in the Northeaster was reviewed. 7. Editorial from the Northeaster was provided as an informational item. 8. Article about community ornaments at the Anoka County Historical Society in the Tribune on 12/13/04 was discussed. 9. Article in the Tribune of 1/2/05 concerning "Box tops for education" was discussed. This was suggested as a possible project for the Foundation Board. 10. Minnesota Council of Non-Profits was suggested as something the Foundation Board should also look into. 11. Foundation received 58 of 60 points on their application for the Minnesota Regional Arts Council Grant (MtLAC). This grant working with the Children's Theater and Neighborhood Bridges is a teen multi- cultural endeavor. The Foundation must match the grant. 12. Letter from former Board member Audrey Hyatt was shared with the Board. 13. Card from the Lomianki Public Library was shared with the Board. 14. Thank you letter from Julierme Wyckoff for her farewell reception was shared with the Board. 15. Newsletter from Ramsey County Library and their "reading children" sculpture was reviewed. 16. The Board congratulated Becky on her "Employee of the Year" award. 17. Donation from Ruth Mathews of a brochure concerning the Lincoln Funeral Car for the Historical Society was reviewed. 18. The Foundation Board members inquired about the possibility of a "retreat" with Library Board members to discuss several issues including the mission, goals and future vision for the library. A future date for such a meeting will be determined. 19. Bev Flaherty, Anoka County Director, has retired effective January first. A reception will be held in her honor on January 20, from 4:00 to 8:00 p.m. in the Northtown Library conference room. Staffis assembling a scrapbook for the occasion. The Board has been invited to attend. There being no further business the meeting was adjourned at 8:15 p.m. Respectfully submitted, ;7~c/~zz~cr~ 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 £rovided to allow individuals with disabilities to £articij~ate in all City of Columbia Heights services, 19rograms, and activities. 2 P. 26 ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES DECEMBER 16, 2004 CALL TO ORDER/ROLL CALL · Vice President, Patricia Jindra called the meeting to order at 7:09 p.m. Present: Patricia Jindra, Julienne Wyckoff, Bobby Williams and Bruce Nawrocki, Tarmnera Ericson, and Bruce Kelzenberg Absent: Don Murzyn Jr. PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes Financial Report and Payment of Bills Move to approve Resolution 2004-18, Resolution of the Columbia Heights Economic Development Authority (EDA) .approving the financial statements for November, 2004 and approving payment of bills for November~ 2004. MOTION by Kelzenberg, second by.Ericson, to adopt the consent agenda items as listed. All ayes. Motion Carried. ITEMS FOR CONSIDERATION Approve Bids for Demolition of BurRer Kin~ proper .ty at 3939 Central Avenue Streetar stated staff went out for bids for the demolition of l~roperty at 3939 Central Avenue NE. Bids were received from Frattalone Companies at. $28,616. 76, Minnesota Specialized at $29,025 and Veit and Company fnc at $29,361.10. Money for the demolition will come fi~om the CD£G balance for the sale of 4607 Tyler Street. Staff recommends the board accept the bid from Frattalone Companies, as they were the lowest bidder. Nawrocki asked if the amount includes any asbestos or anything else they would r~m into. Streetar stated he doesn't anticipate any additional funds as each of the bidders went through the property prior to bidding. Nawrocki stated he was opposed to the motion to demolish the building as the board does not have any plans for the site and asked when the closing is scheduled for. Streetar stated the closing is set for Tuesday, December 21st. Wyckoff asked what the story is on (he playground equipment and has there been anymore discussions with Mady's or with the theater on redeveloping the site. Streetar stated as of today there was a misunderstanding with Burger King staff As they promised the equipment to a school in Forest Lake, and did not ask Nath Companies to verify it was okay. At this point, staff and the Police Department got involved to stop them from removing the equipment, as staff has a list of people that are interested in Purchasing the equipment and it was in the Purchase Agreement to obtain the building, fixtures and equipment along with the property acquisition. He has not talked to anyone at Mady's, but said he thinks that the developer working for the theater would possibly be'ready to present som'e ideas at the January meeting. P. 27 Economic Development Authority Meeting Minutes December 16, 2004 Page 2 of 2 MOTION by Wyckof£, second by Kelzenberg, to accept the bids and award the contract for the Demolition of Burger King to Frattalone Companies, Inc. in an amount not to exceed $28,616.76. Upon Vote: Jindra- aye, Nawrocki- nay, Ericson- aye, Kelzenberg- aye, Wycko£f- aye, Williams- nay. Motion Carried. ADMINISTRATIVE REPORTS 40th & University Property Streetar stated Schumacher ~net with Mr. Peterson, which stated he was formally backing out of the agreement due to possible perception of a Conflict of Interest with the development project and that Channel 6 Television is still interested in locating at that site and wants to know if the board would be supportive of that type of use. The closing for the property at 322 40th Avenue (MGS building) is scheduled for Monday, December 20th. Nawrocki stated Mr. and Mrs. Shellito are concerned about snowplowing the alley and access to get her trailer backed through the alley for winter storage. Mr. Gondek is concerned about getting se~ni-trucks through the alley to unload at his business, Castle Distributing. Streetar stated the project plans, when we get a developer interested in the site, would have to submit the idea to the EDA for approval, then it would go the P&Z Commission, which would notify residents within 350fi of the public hearing and then it would go before engineering, fire department, city planner and the building official for approvals. Staff could make sure that Mr.. Gondek and Mr and Mrs Shellito are informed at that time. ADJOURNMENT MOTION by Kelzenberg, second by Ericson, to adjourn the meeting at 7:3S p.m. Respectfully submitted, Cheryl BaldCen Community Development Secretary H:kEDAminutes2004kDecember 16, 2004 P. 28 HOUSING & REDEVELOPMENT AUTHORITY SPECIAL MEETING MINUTES OF DECEMBER 16, 2004 CALL TO ORDER - The Special Meeting o£the Colmnbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Ericson at 7:39 p.m., December 16, 2004, in the City Hall, Conference Room 1,590 40t~ Avenne NE, Columbia Heights, Mhmesota. ROLL CALL Cmmrfission Members Present: Tarmnera Ericson, Brace Nawrocld, Bobby Willimns, Dennis Ecldund Jr., Patricia Jindra, mid Bruce Kelzenberg PLEDGE OF ALLEGIANCE ITEMS FOR CONSIDERATION Resolution 2004-05~ Proposed 2005 Budget for Parkview Villa North Bob Lindigfi'om Walker ElderCare stated the 2005 Budget for Parkview Villa North is $367,238, which is a decrease of $6, 642 in allocated labor costs from this year. Nawrocki asked why there wasn't anything put into capital funds. Lindig stated the Capital Funds are only used for repairs and are reimbursed from HUD, and it was approved by the board last month under the PHA Plan. Nawrocki asked why the personnel services changed to 50/50. Streetar stated staff looked at the costs to provide services from staff, which was 2/3, 1/3 and decided to balance it out to 50~50for 2005, but could change this back if the board requested. Nawrocki suggested it be changed back to 2/3, 1/3. MOTION by Kelzenberg, second by Jindra, to Adopt HRA Resolution 2004-05, being a Resolution of the Housing and Redevelopment Authority in and for the City of Columbia Heights, adopting the 2005 Parkview Villa North Budget of $367,238 and recoma~aending Lb_is to the City Council for approval, with the amendment to change the allocation to 2/3, 1/3. All ayes. Motion Carried. Resolution 2004-06, Proposed 2005 Budget for Parkview Villa South Lindig stated the 2005 Budget for Parkview villa South is $228, 730, which is 15. 8% increase or $31,253 over this years, due to the rent increases that started on April 1, 2004. Nawrocki asked for this motion to be amended the same as the north budget, changing the allocation to 2/3, 1/3. MOTION by Kelzenberg, second by Jindra, to Adopt ~ Resolution 2004-06, being a Resolution of the Housing and Redevelopment Authority in and for the City of Colmnbia Heights, adopting the 2005 Parkview Villa Sonth Budget of $228,730 and recommending the City Council for approval, with the amenchr~ent to change the allocation to 2/3, 1/3. All ayes. Motion Carried. P. 29 Housing & Redevelopment Authority Minutes December 16, 2004 Special Meeting Page 2 of 4 9th Floor Pipe Repairs Welke stated staff received bids from LBP Mechanical at $8,650, Erickson Plumbing & heating at $11,125 and R.J. Miller at $25,035. Nawrocki asked if they were sure everyone bid the same thing. Terry Busch, Parkview Villa Maintenance man stated he compared the bids to verify all were the same as there was a large price difference in the bids. LBP did not include insulation as they stated that was something he could do if we chose to, but wash 't necessary, which R.J. Miller also verified. Nawrocki stated he felt the pipes should be insulated. He also consulted with Steen Engineering Inc. to verify this infor~nation. Ecklund, Jr. asked what Jerry thought about the other floors, will there be the same problems. Busch stated he felt he may find some type of problems on the 8th floo~; but won't know about the others until they start remodeling them. MOTION by Kelzenberg, second by Williams, Move to approve the proposal from LBP Mechanical, Inc. for an amount not to exceed $8,650 for the plumbing repairs on the 9~ floor pipes at Parkview Villa and furthermore; to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Termination of Lease Upon Death of Tenant Welke stated this issue was brought to her attention upon the death of a resident in the South building. This new policy designates who will be responsible for removing the residents belongings from their apartment in case of death. Nawrocki stated he heard from the family of a resident that went into the hospital the end of October and died in early November, the family was told they had to pay the rent for December, as the personal belongings were not removed from the apartment. He felt it was outrageous to ask the family for the rent. Ericson asked for clarification of the policy. Welke stated in her letter to the board she stated what the state statute says; that you have to give two months notice and in the policy she is proposing it stated 30 days, which would accommodate the family better. Ecklund, Jr. stated he has seen the other side of the picture, were the family cannot pay the additional rent, much less the funeral costs and therefore disagreed with the policy. Ericson stated the family could refuse to pay, which would bring it to litigation court. MOTION by Williams, second by Kelzenberg, to move to Approve the Termination of Lease upon death of the Tenant as part of the Parkview Villa lease and to have it reviewed in the rewritten lease at the January 18, 2005 I-IRA board meeting. Upon Vote: Ecldund- aye, Nawrocki- nay, Ericson- aye, Kelzenberg- aye, Williams- aye, Jinch'a- nay. Motion Carried. P. 30 Housing & Redevelopment Authority Minutes December 16, 2004 Special Meeting Page 3 of 4 Ecldund, Jr. stated he would like to see people be able to pay in increments to build up the total amount for the deposit. Ericson requested Welke do a study of other facilities by the January Meeting. Streetar suggested places like Common Bond and Dominion. Welke stated she will take care of this. Adopt Policy for Underground Parking Access Welke stated this policy is to better serve residents wfth disabilities to allow them to use the garage as an access to the building, especially in the winter months. Nawrocki stated a resident contacted him that had rented a parking spot, but gave it to someone else that needed it more, but because their car wash 't parked in the spot, management considered that she wasn't using it. Welke stated this issue has been addressed and the resident is parking in the upper lot until another garage spot is available. Ericson stated we have to provide reasonable accommodations and direct staff to check out if this policy is reasonable under the ADA Act. Welke stated she would check into this for the January meeting. Chair, Ericson tabled this item until next month when staff can provide further information on ADA requirements. Adopt Policy for Internal Transfer Process Welke stated as she was directed by the board, she looked for the current policy for internal transfers but, could not find any formal policy. It was discussed at a past HRA meeting, but no formal document was ever drawn up. Welke stated she met with commissioner dindra and they determined the best way to enforce this policy would be to treat this as if the resident was new coming into the building. There are residents in the North building paying more than the rent in the South building and would like to move to the South as they qualify financially. With this Internal Transfer Policy all South residents transferring to the North building would pay $400 fee if the lease was signed prior to April 20, 2004 and waiver will expire on January I, 2007. Ericson asked how many is there on the waiting list to move fi'om the South to the North building. Welke stated there was just one. Nawrocki stated he would like to see the policy state that if you want to move you must at least get on the waiting list before January i, 2007 and ask how the current waiting list is used. Welke stated the waiting list policy works by i) you are offered the unit, if you refuse you move down one, if you refuse the 2nd time, you move to the bottom of the list, but never removed unless you choose to. Ericson stated she knew that Welke would be providing the Lease Agreement to the board in January and asked to get copies of the revisions earlier than the Friday before the meeting for review. Welke agreed to t~y her best to take care of this. P. 31 Housing & Redevelopment Authority Minutes December 16, 2004 Special Meeting Page 4 of 4 MOTION by Nawrocki, second by Jindra, to table tlfis item m~til next month. Carried. All ayes. Motion Other Business Nawrocki stated he was informed by a resident that painting done on the 8th floor was done poorly, asked if they were a licensed contractor and was the paint cleaned up. Welke stated the contractor hired two new people that did a poor job, but as soon as the problem was identified, they came back and cleaned it up. Nagel stated the carpeting would be replaced anyway when the 8t~ floor remodeling wouM be done. Nawrocki asked when the revised Tenant Handbook would be ready. Welke stated it will be presented to the board next month. Nawrocki stated the snow removal policy states parking in the ramp across the street is at your own risk, and felt this was worded too strict. Welke stated the City ramp is posted that cars will be towed if left for more than 2 hours as this is a City Ordinance, but Officer Bill Roddy told her this isn't enforced that often, but she felt this should be included just incase a resident would forget to move their car and get towed during the snowplowing season. Streetar suggested she contact the owner of the parking ramp building to let them know the residents of Parkview would be using the ramp while the lot is being plowed out and that they could be identified by the Parkview Villa Parking Sticker on the vehicles. Welke stated she also posts the snow removal times on all three doors and in the elevators. ADJOURNMENT Chair, Ericson adjourned the meeting at 9:12 p.m. Respectfully submitted, Recording Secretary HSHRAMinutes 2004\12-16-2004 Spec. P. 32 ECONOMIC DEVELOPMENT AUTHORITY (EDA) SPECIAL MEETING MINUTES DECEMBER 6, 2004 CALL TO ORDER/ROLL CALL President, Murzyn called the meeting to order at 6:39 p.m. Present: Don Murzyn Jr., Patricia Jindra, Julienne Wycko£f, Bobby Williams and Bruce Nawrocki, Tmmnera Ericson, and Bruce Kelzenberg PLEDGE OF ALLEGIANCE Nawrocki wanted it in the minutes that he objected to the call for the meeting, as he called back with alternative dates that worked for him, which were not considered and stated all public meetings should be held whenever all members can be present. ITEMS FOR CONSIDERATION RESOLUTION 2004-18, CONSIDERATION OF A PLEDGE AGREEMENT FOR THE G.O. TAX INCREMENT FUNDING BONDS Streetar stated Mark Ruff, Ehlers & Associates was present to explain this document. Ruff stated the City Council approved the issuance of $1,985, 000 in General Obligation Tax _Increment Refimding Bonds, which will result in a substantial savings in the EDA's Tax Increment Funds, savings of approximately $244,000 in today's money, because they are Tax Increment Bonds and because the EDA controls the use of Tax Increment the Tax Increment Pledge Agreement must be signed. The EDA would fonnally pledge the Tax Increment to those bonds. The reason for the special meeting is that the closing is to be held next Thursday, December J 6th. Nawrocki asked if &e EDA issued the original bonds and what is the project for. Ruff stated the original document states the HRA, with the EDA as the successor, and the project is to attthorize the use of tax increment as the primaW source to pay the bonds. Ruff stated the total amount of debt service was $3.185 million from 2006-2009, but with the proceeds of $765,000 left over to help pay down it takes the $920,000 down to $640,000 due to 1) cash to pay down and 2) lower interest rates for a total ora million dollar savings to the City. Nawrocki stated on page 3, #6 it says Hennepin County. Ruff stated it was a typographical eh'or and would have it changed. Wyckoff asked when would &ey see the money and where will it go. Ruff stated in 2006 they would see the money and it would be up to the EDA to decide what they wanted to do with it. MOTION by Williams, second by Ericson to waive the reading of Resolution 2004-18, there 'being an ample amount of copies available to the public. All ayes. Motion Carried. MOTION by Williams, second by Jindra, to Adopt Resolution 2004-t 8, a Resolution Authorizing Execution of a Tax Increment Pledge Agreement with the City of Columbia Heights, Mim~esota relating to the General Obligation Tax Increment Refunding Bonds, Series 2004A of P. 33 Economic Development Authority Meeting Minutes December 6, 2004 Page 2 of 2 the City of Columbia Heights, Minnesota. All ayes. Motion Carried. Williams commended Streetar, Ruff and Fehst for putting this together for the board. ADJOURNMENT President, Murzyn, Jr., adjourned the meeting at 6:55 p.m. Respectfully submitted, Cheryl Bakken Conununity Development Secretary HSEDAminutes2004\ P. 34 HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF OCTOBER 19, 2004 CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Tammera Ericson at 7:00 p.m., Tuesday, October 19, 2004, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Tammera Ericson, Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr., Patricia Jindra, and Bruce Kelzenberg PLEDGE OF ALLEGIANCE CONSENT AGENDA Approval of Minutes MOTION by Nawrocld, second by Williams, to approve the minutes from July 20, 2004, regular meeting as presented in writing. All ayes. Motion Carried. REPORT OF MANAGEMENT COMPANY Welke passed out a Management Survey that was requested by Commissioner Nawrocki at the last HRA meeting. She referred to pictures displayed on the wall of the rehab done to the apartments on the 9th jToor. Welke stated the Police Department will be shutting down the proxy card entrance system next week for a short period of time to deactivate the un-used proxy cards and activate the new ones issued to residents. In July there were 8police calls, in August there were 5 calls, and in September there were 12 calls. EcMund asked why the cost of replacing proxhnity cards is going up. Welke stated she did not know why, that is what the Police Department quoted her, but will check into it. Nawrocki asked of the list of problems, which is not done yet. Welke stated #1, #3, #6, #7, #10, #14, #15, and #16. Terry Bush, Maintenance man stated staff found ceiling tiles with water stains, re~noved the tiles and found mold g-rowing on the panels and down the inside of the walls. After removing the wall tiles they discovered many holes in the walls used to patch them and copper piping with electrical wires wrapped around them, which is causing the moisture problems and is not up to state code. An electrician was called to make an analysis of the situation and found corrosion on grounding wires that were wrapped around the copper pipes, and looked at all appliances on the 9th floor to see if there was anything that could be causing the electrical problem to the hot water source, but found nothing. Staff will obtain bids to fix the proble~n. Nawrocki asked if they found anyproblems on other floors. Bush stated they haven't investigated any other ftoors yet, but will be doing so. Ericson asked under Customer Servic'e Improvements #1, what is the status. Welke stated she met with both Ecklund and dindra to discuss tenant issues and felt they have come to some good determinations. Nawrocki asked how staff is handling receiving packages and wanted clarification of the Comments Parkview Villa Period 2 documents, w,,Ike stated per the HR_A, staff is continuing to P. 35 Housing & Redevelopment Authority Minutes October 19, 2004 Page 2 of 4 receive packages in the office until a policy can be written up and the document in the flacket is a copy of the survey the I-IRA requested at the last meeting. Nawrocki asked to see the results of the under 80%problems from the survey. Welke stated she did not have them with her but could meet with him or provide a copy of the report. 0 'Donnell stated the survey's are distributed by' staff and an action plan is developed for anything under 80%, normally those sheets are attached to the survey results and stated he would see that information gets to the board. [/Villiams asked V~elke if she felt it is getting more comfortable for residents at Parlcview. PVelke said yes, .it has taken time but does see some good responses from residents. RESIDENT COUNCIL MINUTES ,lindra stated the resident council meetings seem to be running more smoothly and residents are willing to speak at meetings and work together. CITIZENS FORUM Barb Camp, Unit 608, asked if there is any truth to the roomer that the City is loola'ng into selling the North building. Ericson stated at one point Anoka County was interested in purchasing the building, but we haven't heard anymore from them and if the City did sell the building it would remain a senior/handicap/disabled adult subsidized building, therefore not effecting the residents of the building. ITEMS FOR CONSIDERATION Resolution 2004-04~ Approving the 2005 Public Housing Agency Plan (PI-IA) Nagel stated the Public Housing Agency Plan (PHA) is a required report for HUD that the HRA is responsible for submitting each year. The fi~tres in the 2005 Plan are for more Apartment Modernizations in the North building. Staff has received the okay to begin the 8th floor modernizat, ion from HUD. There are the required HUD forms attached to the PHA plan for review that are submitted at the same time. Once the plan is approved 'and sub~nitted both electronically and manually to HUD it will take approximately 2 months for approval, prior to any use of the funds. ~lliams asked how long would it take to get all the floors done. Nagel stated it would be approximately until the year 2010. l~illiams asked if there was anyway to speed up the reimbursement process if the City wouM pay for. the improvements ahead of time and get reimbursed later. Nagel stated HUD would not allow that and stated when he started the Capital [~nprovement funds were at $130,000 and today they are at $90,000. Ecklund asked if the $24,000 mentioned at an earlier meeting to fix the plumbing on the 9th floor would effect the modernization on the 8th flooF. Nagel stated it would and that the lowest bid received so far is at $48, O00 for the plumbing. Motion by Kelzenberg, second by Jindra, to close the Public Hearing. All ayes. Motion Carried. P. 36 Housing & Redevelopment Authority Minutes October 19, 2004 Page 3 of 4 Motion by Kelzenberg, second by Jindra, to waive the reading of Resolution 2004-04, there being an ample amount of copies available to the public. All ayes. Motion Carried. Motion by Kelzenberg, second by Jindra, to Adopt Resolution 2004-04, a Resolution confirming approval of the 2005 Public Housing Agency certifications of compliance with the PI-IA plans and related regulations, subject to the signing of authorized County Official on the Certification form. All ayes. Motion Carried. Snowplowing Service for 2004-2005 Welke stated staff obtained three bids for snow removal. Bids were received from MGS, T & D and Ashland, with MGS coming in as the lowest bidder. Therefore, staff is recommending approving MGS again this year. Nawrockz' questioned why she felt MGS was the lower bidder. Welke stated that when you look at the overall contract; which includes the costs for 4" of snow removal or more and the costs for salt~sand and heavy equipment they came out the cheapest. Nawrocki asked what fiomtres do they have to determine that we would use the 4" of snow removal or more this winter. Denny 0 'Donnell, from Walker stated with this type ofagreementyou can neverpredict what the season cost will be. Ericson stated if you look at the costs of bobcats, MGS bid $60/hour and Ashland bid $130/hour, which is quite a savings. Resident, Renie Suftka, Unit 102, stated she felt MGS didn't do a very good job. There wash 't enough sand and salt put down in the front of the building. Eckhtnd stated, residents were spoiled by Bill Gault the Crest View Maintenance man, that gave special attention to issues such as this. Welke stated that when she took over in February, she called MGS and told them the snow removal services they provided at Parkview Villa was not expectable, and they corrected the issues immediately. Motion by Kelzenberg, second by Jindra, to approve the contract for snow removal service to cover the year 2004-2005, to MGS Professional Building Maintenance Services, Inc.; and furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Ericson requested Welke monitor snow removal by the front entrance this winter. Welke agreed. Architectural Services A~reement Nagel stated this agreement is approving the 8t~' floor Apartment Modernization Project Nawroclci asked why we did not get competitive bids for the work and felt the agreement should read the same as the motion; not to exceed $7,000. Nagel stated they did not as B V~R bid the same amount as Phase I (the 9th.floor). Nagel stated we could change the agreement to read not to exceed the $7,000 if the board wishes to. P. 37 Housing & Redevelopment Authority Minutes October 19, 2004 Page 4 of 4 Ecklund stated he heard only good things from residents of the 9th floor, other than they would like to see a little better quality medicine cabinet. Nagel agreed to check into this matter. MOTION by Kelzenberg, second by Williams, to authorize staffto sign an Architectural Services Agreement with BWBR Architects for an amount not to exceed $7,000 for Parkview Villa North Apartment Modernization Project, Phase 11, an~ending the wording in the agreement, under Compensation to read NOT TO EXCEED $7,000. All ayes. Motion Carried. Parkview Villa North Apartment Modernization Phase II Approval Nagel stated .this item is to approve Phase I2; of the 8th fioor Apartment Modernization at Parkview Villa using Capital Improvement Funds and authorizes staff to go out for bids for the: work to be preformed. Jindra stated we should get the pipes fixed before we start another floor. The boardmembers agreed. Motion by Kelzenberg, second by Williams, to approve Phase II of Parkview Villa North Apartment Modernization Project and authorize staff to obtain bids for the project. All ayes. Motion Carried. Other Business Nawrocki stated this issue does not pertain to this body, but wanted it passed along by staff to Streetar that he did not understand why we have to have a special EDA meeting before city council on Monday night as we just cancelled the EDA meeting for tonight because of no items for the agenda. He also stated he will be asking a lot of questions and does not want to be told to stop talking until he is finished with everything he has to say about the TIF documents on Monday night. Ericson stated he should bring up his issues with the President of the EDA, Don Murzyn, Jr. not this body. ADJOURNMENT Chair, Ericson, adjourned the meeting at 8:12 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary 'H:q-IRAMinutes 2004\ 10-19-2004 P. 38 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: Februm3~ 14, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: S-P4-3 Administration APPROV~ ITEM: Establish Date for Annual Board BY: Walt Fehst B of Review DATE: Februmy 14, 2005 DATE: NO: Anoka County has requested that we select the date for the required mmual Board of Review during the month of May. The date tentatively agreed upon is Monday, May 2, 2005 at 7:00 p.m. in the City Council chmnbers. Staff recommends the Council adopt the following motion: Reconnnended Motion: Move to set the date for the Local Board of Review meeting for Monday, May 2, 2005, at 7:00 p.m. in the City .Council Chmnbers. COUNCIL ACTION: P. 39 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meetinq of: February 14, 2005 AGENDA SECTION: ORIGINATING - CI:i-Y NO: ~-F./~_L~ DEPARTMENT: Community MANAGER'S Development APPROVAL ITEM: Adopt Ordinance No. 1479, amending BY: Robert Streetar BY: O rdinance853, City Code of l977, DATE: February2,2005 Pertaining to Zoning and Development Ordinance #1428 BACKGROUND This memorandum recommends modifying the current planning accurately reflect and fairly allocate the cost of this service. permit fee structure to Current Fee Structure Current permit fees do not accurately reflect or fairly allocate the cost of providing the service. Subsequently the applicant is not paying the actual cost of the service, which results in the residents, through the property tax, paying the balance. This in effect is a subsidy paid by residents who do not receive a direct benefit. For example, the cost to process the Aldi's application was approximately $600, but the permits fees Aldi's paid under the current structure were $400. The $200 balance not paid by Adli's is a subsidy paid by residents through property tax. This will also occur with the application for the first phase of the industrial park redevelopment. The developer will pay $600 to process the application, which will not nearly cover the cost to provide the complicated and detailed planning, engineering and public safety review and inspection of a $125 million dollar project. Lastly, there may be few times when an applicant pays more than it's cost to process the application, resulting in over payment. Since the benefit from granting a permit accrues primarily to the applicant, the applicant ought to assume the cost of the permit. Planning fees have only been updated three times in 31 years, 1974 1981, and 1996. Recommended Fee Structure The recommended permit fee modifications accomplish two things: It updates current permit fees to reflect the average cost of processing the application. Please see Table I below that compares current and recommended planning permit fees, as well as the recommended resolution. The average cost is determined by using the hourly wage plus fringe of each person involved in the review process and multiplying that amount by the average estimated time each employee spends reviewing the application. The applicant is charged at the time they submit an application. The applicant is not charged for the pre-application meeting, which occurs before the application is submitted, and at which time the planner conveys the requirements and answers any questions the applicant may have. Please find attached information used to determine average cost of processing an application. It amends the Zoning Ordinance allowing the City to collect the actual cost of processing the planning application. If the cost to process the application exceeds the average fee, the applicant must make up the difference as a condition of approval. If the cost to P. 40 :L process the application is less than the average fee, the applicant receives a refund. Please find attached the recommended Ordinance language. Table 1 - Planning Permit Fee Com 3arison Application Fees Current Fee ~ Recommended Fee 2 Appeal $100 $185 Comprehensive Plan Amendment $500 $545 Conditional Use Permit $100 $220 Final Plat $250 $395 Interim Use $0 $255 Minor Subdivision $250 $275 Preliminary Plat $250 $670 Site Plan Review $150 $370 Vacation $0 $150 Variance $100 $235 Zoning Amendment $500 $545 1- Fee is fixed regardless of the amount of time to process the application. 2- If the cost to process the application exceeds the average fee, the applicant makes up the difference as a condition of approval, ff the cost to process the application is less than the average fee, the applicant receives a refund. Aisc, please find attached a Table 2, a comparison of Columbia Heights' current, and recommended permit fees, with eleven similar cities. As the table shows the recommended fees fall within the midrange of these cities. RECOMMENDED MOTIONS: Move to Close the Public Hearing. Move to waive the reading of Ordinance 1479 Being and Ordinance Amending Ordinance 853, City Code of 1977, pertaining to Zoning and Development Ordinance #1428 there being ample copies available to the public. Move to Adopt Ordinance 1479, Being an Ordinance Amending Ordinance 853, City Code of 1977, Pertaining to Zoning and Development Ordinance #1428. COUNCIL ACTION: P. 41 ~. ORDINANCE NO. 1479 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE #1428 The City of Columbia Heights does ordain: Section 1: Section 9.405 (5) cm-rently reads: Section 9.405 (5) Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. Fees shall be payable at the time applications are filed with the Zoning Administrator m~d are not refundable tmless application is withdrawn prior to referral to the Plmming Commission. There shall be no fee in th'~ case of applications filed in the public interest by the City Council or Planning Commission. Is hereby amended to read as follows: Section 9.405 (5) Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. A minimum escrow shall be payable at the time an application is filed with the Zoning Administrator. Upon final approval, or withdrawal of the application by the applicant, any remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. If the cost to review the application exceeds the minimum escrow, the applicant shall pay the outstanding balance. Payment of all fees is a condition of application approval. Section 2: This ordinance shall be in full force mad effect from and after 30 days after its passage. First Reading: January 24, 2005 Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, CMC Deputy City ClerldCouncil Secretary P. 42 CITY COUNCIL LETTER Meeting of: 2/14/05 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ~ k-_~ PUBLIC WORKS . ITEM: AUTHORIZE THE CAPITAL EQUIPMENT BY: K. Hansen\~-7 ,~v ~/ BY: ~' '~~ REPLACEMENT OF UNIT#23 INGERSOL RAND DATE: 2/8/05~_~ DATE: STREET PAVEMENT ROLLER Background: Existing Unit #23 is an Ingersol Rand 5-ton pavement roller purchased in 1991 for $23,400, with a projected life expectancy of 10 years. This vehicle is powered by a diesel engine and has recorded hours of 1,326. It is used as the primary pavement roller for compacting hot mixed asphalt and bituminous pavements and can be used for compacting the subgrade materials prior to paving. Over the last couple of years, vehicle maintenance and repair records indicate that $4,269 has been spent on Unit #23. The Shop Foreman has rated the condition of this vehicle as poor. The 2005 Streets Department Capital Equipment Budget has allocated $22,000 for the replacement of unit #23. Analysis/Conclusions: Public Works staffhas carefully reviewed past, current and projected use of Unit #23. A summary of those findings is as follows: Unit #23, Ingersol Rand 5-ton pavement roller is in poor operating condition. Both the front and rear roller drums are dented and cracked. These drums have been repaired by welding and patching multiple times and are now beyond repair and must be replaced. The estimated cost of replacement is $9,000, plus installation. The hydraulic system is also in poor condition and the estimated cost of repair is $2,000-$3,000. Staffrecommends replacing Unit #23 with a Bomag BW 120AD-3 diesel powered 5-ton roller. It is available offthe State of Minnesota purchasing contract, through Sweeney Brothers, in the amount of $15,850, plus tax. Due to condition of the existing pavement roller, it is recommended to trade in the Ingersol Rand roller. Sweeney Brothers has offered a trade-in value of $2,000 for the unit, which staff recommends, bringing the purchase price down to $13,850 plus tax. Recommended Motioni Move to approve the Capital Equipment Replacement of Unit #23, an Ingersol Rand 5-ton pavement roller, with a Bomag BW 120AD-3 5-ton roller from the State of'Minnesota Purchasing contract, held by Sweeney Brothers of Bumsville, Minnesota, in the amount of $15,850, plus tax, subtracting a trade-in of $2,000; with funding appropriated from the Streets Capital Equipment Fund 431-43121-5180. rd4:jb Attachment: B0mag Spec Sheet COUNCIL ACTION: P. 43 Lockable engine hood and instrument panel cover, Travel control with integrated vibration control for easy operation Corrosion-resistant water spray system Electric blower and sound insulated engine hood for lower noise levels Easy access to maintenance points and test pods Suspended operator's platform for fatigue-free operation Support legs designed for minimal lateral overhang, high curb clearance and excellent drum visibility Bolt-on heavy-duty oscillating, articulation joint Maintenance-free Spring-Applied, Hydraulically-Released (SAHR) brakes and vibration bearings Dash 3 .series - continuing the tradition of excellence... Since its introduction in the early 1980's, the BW120AD series of tandem vibratory rollers has been one of the fastest growing BOMAG roller classes. The original BW120AD and later BW120AD-2 have dominated world markets for over a decade. In many situations, the BW120AD series has replaced the traditional 8 - 10 ton static roller due to greater compaction efficiency and economy. Achieving good compaction results is dependent on operator comfort and efficiency, and the BW 120 AD-3 features more responsive controls for sensitive acceleration and braking, delivering optimal productivity. Applications: · Highway construction and maintenance · Walkways, bicycle and cart paths · Driveways · Parking lots · Asphalt repairs and resurfacing P. 44 BW 120AD-3 in action on chip and seal application. Handling Easier & Safer: · New support leg design offers better visibility of drum edges, avoiding costly damages while compacting around obstructions.. · Enlarged integrated lifting points makes transporting easier with less risk of body damage. · The vibration isolated operator's platform delivers fatigue-free operation on longer shifts and increases productivity. · Hydraulic oil cooler with electric fan motor reduces noise emissions, providing better operating conditions for both the driver and other workers. · The travel lever is mounted in a lower position for more'comfortable operation. · SauedSundstrand travel pump offers a smoother and more responsive travel control. Excellent visibility makes handling easy and avoids damage · Standard ROPS with seat belts deliver I additional operator safety. Light duty tandem models provide maximum versatility Achieve Maximum Productivity: · The BOMAG BW120AD-3 has two vibrating frequencies for better compaction on a wider range of materials and higher working speeds on asphalt. · Vibration is automatically shut off if working speeds are too high, eliminating operator error resulting in rippling of asphalt and costly rework. · Large diameter drums reduce pushing and cracking of. mat, delivering a.high quality finish. · High curb clearance and minimal lateral overhang allow for working close'to obstructions. · Two scrapers per drum ensure clean drums in either forward or reverse travel direction. - · Drum shell thickneSS and end plates designed to give maximum strength for long life and durability~ · Vanda! protected instrument panel and covered ignition switch guard against on site electrical problems: Bolt-on center-joint for long life and easy replacement or repairs Less Service & Maintenance: '[he purchase price is important but.so are the operating costs. Check these features: ., Bolt-on oscillating(articulation joint provides long life and simple replace- ment. ,. 2000 hour hydraulic oil change with fine filtration. · Maintenance free vibration bearings and SAHR brakes. · Wide opening epnin~, cover allows easy access for ?.4 Sing. CITY COUNCIL LETTER Meeting of February 14, 2005 AGENDA SECTION: ORIGINATING CITY NO: ~-_/~_ ~ DEPARTMENT: MANAGER'S SPECIAL PROJECTS APPROVAL SCORE FUNDS DATE: Februm'y 10, 2005 DATE: NO: This Joint Powers Agreement, created by the Anoka County Board of Commissioners covers the 2005 calendar year. The 2005 Joint Powers Agreement with Anoka County entitles the City to apply for funding for the residential recycling program and the City's recycling drop off center as well as special collections of problem materials (i.e., tires & oil filters, fluorescents). The joint powers agreement further specifies that Columbia Heights is entitled to receive reimbursements up to $46,169.60 for eligible expenses specifically related to recycling and waste abatement activities. The 2005 funding is a reduction of $465.13 from the 2004 level. To receive these funds the City must submit substantiating data in semiannual reports and abide by the State statutes regarding recyclable materials and mixed municipal ~olid waste. Staff has submitted the required reports for 2004 and the City received the full amount of the allotment per the adjusted joint powers agreement. RECOMMENDED MOTION: Move to authorize Mayor and City Manager to enter into the 2005 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. COUNCIL ACTION: P. 46 Anoka County Contract # 2005-0013 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS AGREEMENT made and entered into on the 25th day of January, 2005, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State'of Minnesota, hereinafter referred to as the "COUNTY", and the CITY OF COLUMBIA HEIGHTS, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: ' WHEREAS, Anoka County has received $355,472 in funding from the Solid Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds"); and WHEREAS, Anoka County anticipates receiving an additional $355,471 in SCORE funds in the springof 2005; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established bythe Anoka COunty Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. The purpose of this Agreement is to provide for cooperation between the the Municipality to implement solid waste recycling programs in the PURPOSE. County and Municipality. TERM. The term of this Agreement is. from January 1, 2005 through December 31, 2005, unless earlier terminated as provided herein. 3. DEFINITIONS. "Problem' material" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 24a..~. -"Multi-unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recYclable materials as required by Minn. Stat. § 115A.552. "Recycling" means the process of collecting 'and preparing, recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes furt_her use. "Recyclable materials" means materials that are separated from mixed municipal solid Waste for the purpose of recyCling, including paper, glass; plastics, metals, flUorescent lamps, major apPliances and vehicle batteries. · ' P. 47 o Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet the MuniciPality's annual recycling goal of 1636 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclab!e materials collected are delivered to processors or end markets for recycling. a. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households)in the Municipality shall have the. opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated in compliance with all applicable federal, state, and local laws, ordinances, roles and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to .each household focused exclusively on the Municipality's recycling program; (2). One promotion advertising-recycling opportunities available for residents is to be included in the Municipality's newsletter or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material' of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the. recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the 'County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2003, a plan acceptable to County that is designed to achieve the-recycling goals set forth in this Agreement. REPORTING. The Municipality shall submit the following reports semiannually, to the County no later than luly 20, 2005 and January 20, 2006: An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers, and drop-off centers. 'For recycling programs, the Municipality shall certify the number of tons of each recyclable material which has been collected and the number of tons of each recyclable.material which has been marketed. For recycling programs mn by other persons .or entities~ the Municipality shall also provide documentation on forms Provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other · programs. -The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream by the Municipality, i.e. tires and used oil, shall also be reported separately. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs. Copies of all promotional materials that have been prepared by the Municipality during the term' of this Agreement to promote its recycling programs.. The Municipality agrees to furnish the County with 'additional reports in form and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. - BILLING AND PAYMENT PROCEDURE. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2005 and January 20, 2006. Costs not billed by January 20, 2006 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses; less revenues or other reimbursement received, for eligible activities up to the project maximum as computed below, which shall not exceed $46,!69.60. The project maximum for eligible expenses shall be computed as follows: A base amount of $105000.00 for recycling activities only; and $4.45 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $355,471 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. RECORDS. The Municipality shall maintain financial and Other records and accounts in accordance with requirements of the County and. the State of Minnesota. The Municipality shall maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. The Municipality shall maintain records sufficient to reflect 'that all funds received under this P. 49 10. Agreement were expended in accordance with Minn."Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less.than five years from the last receipt of payment from the County pursuant to this Agreement. AUDIT. Pursuant to Minn. Stat. § 16C.05, the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, ineluding the Legislative Auditor or the State Auditor, access-to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the sUbject matter of the Agreement, for purposes of audit. In addition, the County Shall have access to the project site(s), .if any, at reasonable hours. GENERAL PROVISIONS. In .performing the provisions of this Agreement, both parties agree to cOmply with all applicable federal, state or local laws, :ordinances, rules, regulations or standards established by any agency or .special governmental unit which are now or hereafter promulgated insofar as they relate to performance of the provisions of this Agreement. In addition,~ the Municipality shall comply with all.applicable requirements of the State .of Minnesota for the use of SCORE funds Provided to the Municipality by the County.under this Agreement. ' ' No person'shall illegally, on 'the grounds.' of race, creed, color, religion, sex, marital status, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder.' The Municipality agrees to take affn-mative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotiOn, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, the prevailing wages rates as certified by said Department; P. 50 11. 12.¸ i3. eo It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they have been reduced to writing, duly signed by the parties.. Contracts let and purchases made under this Agreement shall be made by the Municipality in conformance with all laws, rules, and regulations applicable to the Municipality. · The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. i; Nothing in this Agreement shall be construed as creating the relationship of co- parmers, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives be considered employees, agents, or representatives of the County for any purpose. PUBLICATION2 The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this 'Agreement; by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public'officials; officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all Claims, demands, and causes of action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents,, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term oi[ this Agreement.. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with .or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date P. 51 of termination. If this Ag-reement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the 'Municipality so long as said assets are used by the Municipality for the pm-pose of a landfill abatement program approved by the County. IN WITNESS WHEREOF, the parties hereunto set their hands as of the dates first written above: CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA By: Name: Title: Date: By: Margaret Langfeld, Chair Anoka County Board of Commissioners Date: ATTEST: By: 'Municipality's Clerk Date~ John "Jay" McLinden County Administrator Date: Approved as to form and legality: Approved as to form and legality: Assistant County AttOrney P. 52 CITY COUNCIL LETTER Meeting of: February_ 14, 2005 AGENDA ORIGINATING CITY MANAGER SECTION: ~ -/~-'-'~ DEPARTMENT: APPROVAL NO: Fire ITEM: Establish Hearing Dates BY: Charlie Thompson B Y~~f~./j~.~ "'-"~/ License Revocation, Rental Properties DATE: February 9, 2005 DATE: NO: Revocation or suspension of a license to operate a rental propelV within the City of Colm~abia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Alicia gmderson ............................................................ 4824 Stinson Blvd. N.E. RECOMMENDED MOTION: Move to establish a hearing date of February 28, 2005 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Alicia Anderson at 4824 Stinson Blvd. N.E. COUNCIL ACTION: P. 53 CITY COUNCIL LETTER Meeting of: February 14, 2005 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO:~'~-~ '- /~ ~ ~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson/~k DATE~/~/~/ NO: DATE: Febmaryl 1, 2005 BYe: BACKGROUND/ANALYSIS Attached is the business license agenda for the Febmm'y 14, 2005 City Council meeting. This agenda consists of applications for Contractor licenses for 2005. At the top of the license agenda you will notice a phrase stating *Signed Waiver Fonrt Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain infonr~ation cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for February 14, 2005 as presented. COUNCIL ACTION: P. 54 TO CITY COUNCIL February 14, 2005 *Signed Waiver Form Accompanied Application 2005 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Team Mechanical *Total Comfort *Suburbm~ Air *North Suburban Htg & AC Hoffman Refrig. & Htg *United Water & Sewer *Nedegaard Construction *Pasquale Fragale by Des.' *McGough Construction ." PMR Mechanical Lambert Construction 3508 Shelling Ave, Mpls 4000 Winneflca Ave, New Hope 1290 B Osborne Rd Fridley 19066 Jasper, Anoka 1709 So. Greeley St, Stillwater 7100 Northland Cir, Brk Pk 4200 Central Ave, Col. Hts 52330 Azalea Ave, Stanchfield 2737 Fairview Ave, Roseville 2414 E. 26th St. Mpls 12741 Jefferson St, Blaine $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 $60.00 P. 55 X-A -q CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIl, MEETING OF: ~.~~ Iq~ 9./~q~ 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[I ~)~ through ][~-]-]S in the amount ors These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. P. 56 ACS FIN~CI~ SYSTEM CITY OF COL~BIA HEIGHTS 02/10/2005 17:04:42 Check History GL050S-V06.60 CO~RPAGE GL540R * *** C O U N C I L *** * * *** C 0 U N C I L *** * * *** C 0 U N C I L *** * * *** C 0 U N C I L *** * ******************************************************************************* Report Selection: Optional Report Title ....... 02/15/05 COUNCIL LISTING INCLUSIONS: Fund & Account .............. Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ Project ..................... Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ .~ucher .................... leased Date ............... ~neared Date ................ thru thru thru thru 111509 thru 111775 thru thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP J COUNCIL 02 P4 Y S 6 066 10 Y Y ACS FINANCIAL SYSTEM 02/10/2005 17 Check History 02/15/05 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT ALCOHOL & GAMBLING ENFOR AMERIPRIDE ANOKA COUNTY ASAMARI/Hahn BRADLEY REAL ESTATES INC CITY OF NEW BRIGHTON COCA-COLA BOTTLING MIDWE COLUMBIA HEIGHTS I ESCHELON G & K SERVICES G0~m~N/saaY GRICPIN/ROBERT GRISSS-COOPER ~ CO HOHENSTEINS INC HOME . #2802 DEPOT IBR3kHIM/SAIDA JOHNSON BROS. LIQUOR CO. KUETHER DIST. CO. LARKIN/JOHN MAJESTIC OAKS MARK VII DIST. METRO COUNCIL ENVIROMENT METROCALL - ATT MESSAGIN MN DEPT OF ADMINISTR3kTIO MOTION TELECOM 00 MUSCOVITZ/PATRICIA FFZHRA/MONTE NORTHEAST STATE BANK O'BRIEN/DANIEL PETROWSKE/BREANNA PHILLIPS WINE & SPIRITS QUALITY WINE & SPIRITS QWEST COMMUNICATIONS SCHMIDTBAUER/SUE SCOTT/I~RRY STEFFENS BROS. MEATS, IN TAUTGES, REDPATH, & CO., THOMAS AND SONS CONSTRUC TOMBARGE/ROSALIE VERIZON - ATTN: PREPAY D VERIZON WIRELESS VOSS LIGHTING XCEL ENERGY (N S P) WELLS FARGO BANK ACE ICE COMPANY AMERICAN BOTTLING COMPAN BELLBOY BAR SUPPLY CHECK NUMBER 111509 111510 111511 111512 111513 111514 111515 111516 111517 111518 111519 111520 111521 111522 111523 111524 111525 111526 111527 111528 111529 111530 111531 111532 111533 111534 111535 111536 111537 111538 111539 111540 111541 111542 111543 111544 111545 111546 111547 111548 111549 111550 111551 111552 111553 111554 111555 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 1 AMOUNT 150.00 125.35 16.22 322.00 11,683.15 513.00 281.30 5,534.05 151.36 31.36 61.95 500.00 2,221.25 1,082.15 642.54 76.77 1,200.32 12,792.85 395.77 22.35 2,148.04 72,171.00 84.72 533.77 72.66 24.57 127.25 509,205.00 155.03 250.84 230.00 1,327.95 288.81 13.63 217.81 248.40 617.50 47,339.16 253.36 37.50 242.05 69.90 12,814.66 8,250.30 81.20 134.41 123.81 ACS FINANCIAL SYSTEM O2/lO/2OO5 17 Check History 02/15/05 COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT BELLBOY CORPORATION CENTER POINT ENERGY CHISAGO LAKES DISTRIBUTI CITY OF NEW BRIGHTON COLUMBIA HEIGHTS FIRE CA EAST SIDE BEVERAGE CO G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HANSEN/KEVIN LEAGUE OF MINNESOTA CITI MARKOW/JENNIE MEDICINE LAKE TOURS MN DEPT OF ADMINISTRATIO OLSON/KEITH PETTY CASH - KAREN MOELL PETTY CASH - MARY DUGDAL PITNEY BOWES LOUISVILLE RP MANAGEMENT SCHENCK/GREG SIEGER/MARTIN STATE TREASURER BLD STURDEVANT/JOE A ~ UNIVERSITY OF MINNESOTA ~ VECTOR INTERNET SERVICES qD VERIZON WIRELESS WILEBSKI/SUSAN WINDSCHITL/KEITH XCEL ENERGY (N S P) WELLS FARGO - PAYROLL AC ACE ICE COMPANY AMERICAN BOTTLING COMPAN AMERIPRIDE BELLBOY BAR SUPPLY BELLBOY CORPORATION BLEXRUD/JANET BR3%DLEY REAL ESTATES INC CHANHASSEN DINNER THEATR CHERNIN/ALEKSANDR CHISAGO LAKES DISTRIBUTI EAST SIDE BEVERAGE CO FARNER-BOCKEN ELAHERTYS HAPPY TYME COM G & K SERVICES GIGUERE/BERNICE GREEN/AMANDA GRIGGS-COOPER & CO CHECK NUMBER 111556 111557 111558 111559 111560 111561 111562 111563 111564 111565 111566 111567 111568 111569 111570 111571 111572 111573 111574 111575 111576 111577 111578 111579 111580 111581 111582 111583 111584 111585 111586 111587 111588 111589 111590 111591 111592 111593 111594 111595 111596 111597 111598 111599 111600 111601 111602 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 2 AMOUNT 543.50 16,999.65 970.70 228.00 400.00 7,408.40 41.82 63.78 9,887.99 84.'19 155.00 46.00 2,898.00 567.04 375.00 161.25 134.09 301.00 472.34 395.00 151.66 2,028.17 90.00 510.00 300.00 5.05 500.00 23.56 8,947.28 255,188.39 112 88 273 11 55 65 159 75 2,142 48 30 10 421 88 2,726 00 52 65 1,805 24 18,227 05 3,786.83 420.00 23.03 49.00 8.00 4,194.24 ACS FINANCIAL SYSTEM 02/10/2005 17 Check History 02/15/05 COLINCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT HOHENSTEINS INC J & S MARKETING JACKSON/RALPH JOHNSON BROS. LIQUOR CO. KUEHN/JEAN LARKIN/JOHN MARUSKA/MISTY MEDICINE LD3%E TOURS MN CRICKET ASSOC. MN DEPT OF PUBLIC SAFETY MOTION TELECOM O'BRIEN/DANIEL PHUNTSOK/SONAM SALCHOW/CHERYL SHORT ELLIOT HENDRICKSON TASHI/CHEMI THOMAS/TONI VERIZON WIRELESS XCEL ENERGY (N S P) ABLE HOSE & RUBBER INC ACE HARDWARE AFTONALPS ALEX AIR APPA~3kTUS INC ALL SAFE FIRE & SECURITY AMERICAN PUBLIC WORKS AS AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA COUNTY ANOKA COUNTY CHIEFS OF P ANOKA CTY - CENTRAL COMM ANOKA CTY FIRE PROTECTIO ASPEN EQUIPMENT ASPEN MILLS, INC. AZTECA SYSTEMS BAKER & TAYLOR BAKER & TAYLOR ENTERTAIN BATTERIES PLUS BAUER BUILT TIRE & BATTE BIFF'S,INC. BOOK WHOLESALERS INC BOOKLIST BOYER TRUCK PARTS BRAKE & EQUIPMENT WAREHO BUILDING FASTENERS CAMDEN PET HOSPITAL, INC CATCO PARTS SERVICE CHILDS WORLD CHECK NUMBER 111603 111604 111605 111606 111607 111608 111609 111610 111611 111612 111613 111614 111615 111616 111617 111618 111619 111620 111621 111622 111623 111624 111625 111626 111627 111628 111629 111630 111631 111632 111633 111634 111635 111636 111637 111638 111639 111640 111641 111642 111643 111644 111645 111646 111647 111648 111649 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 3 AMOUNT 4,941 09 170 60 190 00 40,812 66 21 55 98 62 8 00 2,205 00 350 00 265 00 45 80 532 49 495 00 8 00 300 00 400 00 271 08 8.30 9,463.37 766.80 60.97 712.00 1,839.25 110.05 792.50 33.80 2,985.33 122.35 209.00 1,458.27 210.00 42.67 975.50 1,562.00 1,103.07 83.86 106.48 437.52 332.05 98.20 84.95 68.14 11.90 18.62 92.00 1,205.55 488.70 ACS FINANCIAL SYSTEM 02/10/2005 17 Check History 02~15~05.COUNCIL LISTING BANK VENDOR BANK CHECKING ACCOUNT CINTAS FIRST AID-SAFETY CITY WIDE LOCKSMITHING CLARK PRODUCTS INC COLUMBIA PARK CLINIC COLUMBIA PARK MEDICAL GR CONSUMER GUIDE COORDINATED BUSINESS SYS CSC CREDIT SERVICES DAHLGREN SHARDLOW & UBAN DAVIES WATER EQUIPMENT C DEALER AUTOMOTIVE SERVIC DEHN OIL DELEGARD TOOL CO. DEMCO, INC. EARL F ANDERSEN INC EHLER & ASSOCIATE-PD-BLIC EMERGENCY AUTOMOTIVE TEC EMP FIDELITY SERVICES INC FIRE MARSHALS ASSOC OF M FIRST STUDENT INC FLEX COMPENSATION, INC FLEXIBLE PIPE TOOL CO. · ~ FOURTHSTREET SYSTEMS O~ FRATTALONE COMPANIES INC ~ FRIDLEY/CITY OF FUEL MASTER, INC G & K SERVICES GALE GROUP/THE GENUINE PARTS/NAPA AUTO GILLUND ENTERPRISES GIS RANGERS HARBOR FREIGHT TOOLS HARMON AUTO GLASS HEIGHTS ELECTRIC INC. HEINRICH ENVELOPE CORP HENATEPIN TECHNICAL INST HOUCHEN BINDERY LTD ICMA MEMBERSHIP RENEWALS IDEAL ADVERTISING INC. INSTRUMENTAL RESEARCH IN INTEGRATED LOSS CONTROL INTERNATIONAL CODE COUNC IPC PRINTING JADE CATERING JENSEN~SHERRI JINDRA/PATRICIA CHECK NUMBER 111650 111651 ~11652 111653 111654 111655 111656 111657 111658 111659 111660 111661 111662 111663 111664 111665 111666 111667 111668 111669 111670 111671 111672 111673 111674 111675 111676 111677 111678 111679 111680 111681 111682 111683 111684 111685 111686 111687 111688 111689 111690 111691 111692 111693 111694 111695 111696 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 4 AMOUNT 113.92 3.00 107.96 313.00 129.00 99.00 1,060.31 25.00 1,676.63 211.94 50.64 13,662.33 91.86 165.87 5,491.14 537.50 788.52 108.40 4,884.61 35.00 337.42 178.50 1,149.59 253.75 218,049.21 982.00 795.00 556.51 119.80 893.19 270.42 6,239.00 50.00 120.10 711.40 78.20 75.00 184.65 837.17 126.00 504.00 319.00 161.99 74.57 50.00 106.24 35.00 ACS FINANCIAL SYSTEM O2/lO/2OO5 17 Check History 02/15/05 COUNCIL LISTING BAi~K VENDOR BAiqK CHECKING ACCOUNT KENNEDY & GRAVEN LADEN'S BUSINESS MACHINE LANO EQUIPMENT CO. LARSON/ROY LEAGUE OF MN CITIES INS LINEAR PUBLISHING GROUP LUBE-TECH MAHCO MEDICS TRAINING INC MEDTOX LABORATORIES INC MENARDS CASHWAY LUMBER-F METRO AREA MANAGEMENT AS METRO CHIEFS OFFICER FIR METRO FIRE METRO WELDING SUPPLY METROCALL - ATT MESSAGIN MID CITY MECHANICAL MIDWAY FORD MIDWEST LOCK & SAFE MINNEAPOLIS FINANCE DEPT MINNEAPOLIS OXYGEN CO. MINNEAPOLIS SAW CO. MINNESOTA AMBULANCE ASSO · ~ MINNESOTA D.A.R.E.,INC Oh MINAIESOTA LICENSED BEV A ~O MINNESOTA POLITICAL PRES MN DEPT OF ADMINISTRATIO MN POLLUTION CONTROL AGE MN SOCIETY OF ARBORICULT MN STATE FIRE CHIEFS ASS MOORE MEDICAL CORP MURZYN JR/DONALD J NATIONAL LEAGUE OF CITIE NATIONAL WATERWORKS, INC NELSON CHEESE AND DELI NORTH CENTRAL AMBULANCE NORTH STAR INTL TRUCK IN NOTT CO 0'GARA/ANDREW OFFICE DEPOT ONE-CALL CONCEPT-GOPHER PATCHIN MESSNER & DODD PC SOLUTIONS PREMIUM WATERS INC PROSOURCE TECHNOLOGIES I RADIO SHACK ROTO-ROOTER CHECK NUMBER 111697 111698 111699 111700 111701 111702 111703 111704 111705 111706 111707 111708 111709 111710 111711 111712 111713 111714 111715 111716 111717 111718 111719 111720 111721 111722 111723 111724 111725 111726 111727 111728 111729 111730 111731 111732 111733 111734 111735 111736 111737 111738 111739 111740 111741 111742 111743 CITY OF COLUMBIA HEIGHTS GL540R-V06.60 PAGE 5 AMOUNT 7,614.75 446.57 149.47 432.00 86,051.25 89.00 836.83 30.00 750.00 129.00 176.11 50.00 100.00 25.00 28.85 155.83 750.00 399.44 165.08 648.00 71.42 3.20 75.00 555.00 279.00 39.90 37.00 420.00 30.00 305.00 107.53 35 00 1,273 00 804 00 80 88 1,942 15 417 37 928 17 155 76 1,073 47 94 30 5,866 44 2,135 06 23 16 7,173 07 14 04 299 00 ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 02/10/2005 17 Check History GL540R-V06.60 PAGE 6 02/15/05 COUNCIL LISTING BANK VENDOR CHECK NUMBER AMOUNT BAI~K CHECKING ACCOUNT ROYAL TIRE RUFFRIDGE-JOHNSON EQUIP. SAM'S CLUB SBC PAGING SCHINDLER ELEVATOR CORP SEARS HOME IMPROVEMENTS SHORT ELLIOT HENDRICKSON SIGN LANGUAGE & GOLDEN A SOUTHERN ANOKA CTY COMMU STANWAY EXCAVATING STREICHER'S GUN'S INC/DO SUBURBAN UTILITIES SUPTS SUN PUBLICATION SWEENEY BROTHERS SYSTEMS SUPPLY INC. TESSMAN CO TKDA, INC TOUSLEY FORD TRANS-ALARM INC TRI-COUNTY LAW ENFORCEME TWIN CITY TRANSPORT & RE UNIFORMS UNLIMITED INC UNITED RENTALS UNITED RENTALS NORTHWEST VERIZON WIRELESS WAGAMON BROS. INC WERNER ELECTRIC SUPPLY C WILSON DEVELOPMENT SERVI WW GRAINGER, INC XCEL ENERGY (N S P) ZEP MANUFACTURING COMPAN 10,000 LAKES CHAPTER 111744 504.59 111745 328.35 111746 137.66 111747 245.81 111748 235.41 111749 48.08 111750 13,692.69 111751 22.58 111752 5,961.00 111753 383.40 111754 1,158.42 111755 200.00 111756 535.00 111757 1,810.50 111758 372.74 111759 913.77 111760 1,121.18 111761 827.31 111762 135.00 111763 60.00 111764 354.66 111765 118.02 111766 122.95 111767 29.00 111768 148.58 111769 140.00 111770 44.49 111771 255.50 111772 51.76 111773 152.29 111774 148.78 111775 50.00 1,532,217.87 *** ACS FINANCIAL SYSTEM 02/10/2005 17 BANK VENDOR REPORT TOTALS: CITY OF COLUMBIA HEIGHTS Check History GL540R-V06.60 PAGE 7 02/15/05 COUNCIL LISTING CHECK NUMBER AMOUNT 1,532,217.87 RECORDS PRINTED - 001873 ACS FINANCIAL SYSTEM 02/10/2005 17:04:46 FUND RECAP: FUND DESCRIPTION 101 GENERAL 201 COMMUNITY DEVELOPMENT FUND 203 PARKVIEW VILLA NORTH 212 STATE AID MAINTENANCE 213 PARK-VIEW VILLA SOUTH 225 CABLE TELEVISION 240 LIBRARY 261 TWENTY-FIRST CENTURY GRANT 270 DARE PROJECT 272 POLICE GRANTS-OTHER 378 MEDTRONICS - DS 385 MULTI-USE REDEVELOPMENT PLAN 387 G.O. IMPROVEMENT BOND 1999A 388 G 0 IMPROVE/REV BONDS 2003A 389 R8:TRANSITION BLK REDEVELOP 402 STATE AID CONSTRUCTION 415 CAPITAL IMPROVEMENT - PIR 420 CAP IMPROVEMENT-DEVELOPMENT 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND LIQUOR Oh L WATER FUND DEBT SERVICE _%~_2 SEWER FUND DEBT SERVICE 634 STORM SEWER DEBT SERVICE 652 SEWER CONSTRUCTION FUND 653 STORM SEWER CONSTRUCT. FU1W-D 701 CENTR3kL GARAGE 720 DATA PROCESSING 880 PERMIT SURCHARGE 884 INSD-P~ANCE 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 90,633.02 1,337.74 195.99 1,056.22 97.99 30 23 8,963 97 1,100 99 645 00 844 02 46 88 93 75 105,465 00 93,474 85 46 87 47,339 16 13,114 07 239,945 51 9,901 30 3,377.79 49.39 2,004.26 141,059.75 186,569.56 4,388.21 119,307.38 3,941.13 750 00 30,952 27 3,629 26 74,199 17 86,051 25 252,495 61 9,110 28 1,532,217.87 CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R BANK RECAP: BANK NAME DISBURSEMENTS ACS FINANCIAL SYSTEM 02/10/2005 17:04:46 Check History CITY OF COLUMBIA HEIGHTS GL060S-V06.60 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 1,532,217.87 1,532,217.87 CITY COUNCIL LETTER Meeting of: February 14, 2005 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER' S NO: ~ CITY MANAGER'S f~ APPROVAL .~ NO: DATE: February 7, [~0~ DATE: / On or about March 1, 2004, Comcast filed with the City Federal Communications Commission (FCC) Form 1240, "Updating Maximum Permitted Rates for Regulated Cable Services", purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic programming service, and FCC Form 1205, "Determining Regulated Equipment and Installation Costs, Equipment Form", purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installation. The relevant rate period covered is June 1, 2004 to May 31, 2005. It should be noted that Comcast adjusted its rates effective January 1, 2005. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming Comcast chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay- per-program basis. Under federal law, the rates for all programming not included in the basic service tiers are unregulated. The chart below reflects Comcast's maximum permitted rates as of June 1, 2004, and prior to June 1, 2004, as well as the current rates. Maximum Maximum Permitted Rate Permitted Rate Current Rates (Since Effective June Prior to June January 1, 2005) 1, 2004 1, 2004 Basic Service $ 10.94 $10.70 $ 10.36 Converter/Receiver $1.30 for Basic $7.92 for Basic $1.30 for Basic Only Only Only $4.70 all others $4.83 all $9.67 all others others Remote Control $ .33 $ .33 $ .30 Installation---Unwired Home $52.23 $45.81 $41.99 Installation-Prewired Home $31.40 $30.34 $24.99 Installation-Additional Outlet- $25.31 $24.62 $19.99 Connect Separate Other Install---Relocate Outlet $23.60 $20.72 $18.99 UDgrade- Optional Services $17.12 $16.44 $15.99 Downgrade- Optional Services $15.55 $13.10 $ 9.99 COUNCIL ACTION: P. 67 CITY COUNCIL LETTER Meeting of: February 14, 2005 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING---CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: February 7, 2005 DATE: Page 2 As part of its ongoing rate proceeding, the City must hold a public hearing. At their meeting of January 24, 2005, the City Council established a public hearing date of Monday, February 14, 2005, at 7:00 p.m. or as soon thereafter as possible. The purpose of the public hearing is to provide interested persons with an opportunity to express their views on the basic service programming and equipment rates and installation charges Comcast calculated in its March 2004 rate filing. Any comments furnished at the hearing may be considered by the City as it issues appropriate rate orders, and will become part of the record in the City's proceeding. Notice of the public hearing was published in the Focus Newspaper and appeared on the government access channel. Additionally, notice of the hearing was placed on the City's website. At the Telecommunications Commission meeting of January 20, 2005, Steve Guzzetta, the City's telecommunications attorney, presented three options from which the City may at this point in time select in addressing Comcast's rate filing: (A) do nothing (the City would remain certified to regulate rates and could review and act on future rate filings from Comcast); (B) decertify (which would mean the City would no longer be empowered to regulate rates); and (C) perform no review and issue rate orders preserving the City's rights to the extent possible (the City would retain the right to look at underlying data, calculations and assumptions in the context of a future rate filing). The Telecommunications Commission recommended that the City Council pursue Option C - perform no review and issue rate orders preserving the City's rights to the extent possible. The benefit of Option C is that the City would avoid the long and expensive process associated with a detailed substantive review of Comcast's rate filing, while still preserving certain fundamental rights. The drawback of this approach is that Comcast may appeal any rate orders issued by the City to the Federal Communications Commission. That said, the City is not required to respond to any appeal filed by Comcast. Attached are two resolutions recommended for adoption by the City Council. Resolution 2005-06 is an order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2004. Adoption of the resolution would neither approve nor deny the maximum permitted rate for basic cable service, as calculated in the 2004 FCC Form 1240, but would function as a basic service rate ceiling during the relevant rate period and be utilized in future basic rate filings. Resolution 2005-07 is an order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2004. Adoption of the resolution would neither approve nor deny the maximum permitted rates and charges for equipment and installation as calcUlated in the 2004 FCC Form 1205, but would function as a rate ceiling during the relevant rate period. COUNCIL ACTION: P. 68 CITY COUNCIL LETTER Meeting of: February 14, 2005 AGENDA SECTION: PUBLIC HEARING ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: PUBLIC HEARING---CABLE RATES BY: LINDA L. MAGEE BY: NO: DATE: February 7, 2005 DATE: Page 3 RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-06, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-06, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by Comcast on or about March 1, 2004. RECOMMENDED MOTION: Move to waive the reading of Resolution 2005-07, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2005-07, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by Comcast on or about March 1, 2004. COIINCIL ACTION: P. 69 RESOLUTION NO. 2005-06 ORDER REGARDING THE MAXUVIUM PERMITTED BASIC PROGRAMNHNG SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY COMCAST ON OR ABOUT MARCH 1, 2004 WHEREAS, trader Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as mnended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to tales of the Federal Colmnunications Connnission (hereinafter "FCC"); and WHEREAS, Comcast of Minnesota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City an FCC Form 1240 "Updating Maximum Perrnitted Rates for Regulated Cable Services", on or about March 1, 2004, purporting to set forth and justify the maximum rate it could charge to subscribers in the City for basic cable service (hereinafter the "2004 FCC Form 1240"); and WHEREAS, the City held a public heating to solicit the views of interested persons concerning the 2004 FCC Form 1240; mad WHEREAS, the rate set forth herein will goveru Comcast's basic service rate until Comcast lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximuna permitted rate for basic cable service, as calculated in the 2004 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevm~t rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by mad consistent with FCC rules and decisions. 2. Comcast shall not charge any rate higher than the maximum permitted rate set forth in the 2004 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law mad regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rate for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2004 FCC Form 1240. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order P. 70 is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2004 FCC Forrn 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2004 FCC Form 1240 in order to determine the impact, if any, such data and documents have on rates proposed in future basic service rate filings; (ii) the right to address issues raised in the 2004 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii) the right to request additional information concerning the 2004 FCC Form 1240 that is relevant to any City review of subsequent basic service rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this 14th day of February, 2005. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, Deputy City Clerk P. 71 RESOLUTION NO. 2005-07 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY COMCAST ON OR ABOUT MARCH 1, 2004 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Cmmnission (hereinafter "FCC"); and WHEREAS, Comcast of Mim~esota, Inc. (hereinafter "Comcast"), the local franchise holder, filed with the City ma FCC Form 1205 "Determining Regulated Equipment mad Installation Costs, 'Equipment Form'" (hereinafter the "2004 FCC Form 1205"), on or about March 1, 2004, purporting to set forth and justify the rates it could charge to subscribers in the City for equipment and installations; and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2004 FCC Form 1205; and WHEREAS, the rates set forth herein will govern Comcast's equipment rates and installation charges until Comcast lawfully hnplements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. Comcast's maximum permitted rates and charges for equipment and installation, as calculated in the 2004 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. Comcast shall not charge any rates higher than the applicable maximum permitted rates set ha the 2004 FCC Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.1603, or as otherwise expressly permitted under applicable law and regulations. 3. Comcast may charge rates less than the lawful maximum permitted rates for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. The City, however, shall not be deemed to have approved such rates. 4. This Order is based on the representations made by Comcast in its 2004 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate ha any material way, the City reserves the right to take appropriate action. This Order P. 72 is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2004 FCC Form 1205. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2004 FCC Form 1205 in order to determine the impact, if any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to address issues raised in the 2004 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the fight to request additional information concerning the 2004 FCC Form 1205 that is relevant to any City review of subsequent equipment and installation rate filings. 6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a). 7. This Order shall be effective immediately upon its approval by the City. 8. This Order shall be released to the public and to Comcast, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this 14th day of February, 2005. Offered by: Seconded by: Roll Call: Mayor Gary Peterson Patricia Muscovitz, Deputy City Clerk P. 73 CITY COUNCIL LETTER Meeting of February 14, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: [t~ ~') Fire APPROVAL NO: Close Hearing B Y: Charlie ThompsOn BY: '\~_~, ~ ITEM: Rental License Revocation DATE: February 11, 2005 DATE: NO: The matter o£the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Va Megn Thoj regarding rental propen"y at 4656-58 Polk Street N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to cmrunence at the City Council meeting of Febmm~ 14, 2005. 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 Va Megn Thoj regarding rental propen~y at 4656-58 Polk Street N.E. in that the violations on the propen"y have been corrected. COUNCIL ACTION: P. 74 CITY COUNCIL LETTER Meeting of February 14, 2005 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: ITEM: Close Hearing BY: Charlie Thompson BY:i,~, i)~.[ LX-~ ~7~.f\~,~ - -~ Rental License Revocation DATE: February 11, 2005 DATE: NO: The matter of the revocation of the license to operate a rental mzit(s) within the City of Columbia Heights against Tracy Saloka regarding rental propen~y at 4600-02 Johnson Street N.E. for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of February 14, 2005. The public hearing on tl~is prope~y may now be closed in that the violations on the propm~y have been con-ected. RECOMMENDED MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Tracy Saloka regarding rental property at 4600-02 Johnson Street N.E. in that the violations on the property have been corrected. COUNCIL ACTION: P. 75 CITY COUNCIL LETTER Meeting of: 2/14/05 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER '-7~ ~'~ . , PUBLIC WORKS~ //~j~~~ ITEM: ADOPT RESOLUTION NO. 2005-08 AND BY: K. Hansen~:x.~e._~j BY: ACCEPTANCE OF BIDS AND AWARD OF CONTRACT DATE: 2/8/05 ~ DATE: FOR ARCHITECTURAL SERVICES FOR THE MUNICIPAL SERVICE CENTER NOTE: PLEASE BRING PROPOSALS DISTRIBUTED WITH 2/7/05 WORK SESSION PACKET. Background: On September 27, 2004, the City Council authorized staffto seek proposals for architectural services for various building maintenance needs at the Municipal Service Center (MSC). City staff prepared a Request for Proposal (REP) for architectural services distributed to 11 firms. Six firms submitted proposals with five meeting the requirements of the RFP. Phillips Architects' proposal did not meet the requirements of the RFP. Copies of all six proposals are attached for review. Analysis/Conclusions: The MSC building was generally well designed and has served the needs of Public Works and the City. Based upon meeting future City needs, demands, and Public Works operations, a major expansion of the primary facility is not anticipated. But over the course of the last 4 - 7 years, staff has identified significant maintenance and use deficiencies in the MSC building. Addressing theses needs in one comprehensive project is intended to maintain and preserve the use of the facility for the next 25 years, and correct current maintenance deficiencies of the facility. To accomplish this, Public Works has been contributing to the Capital Improvement - General Government Buildings Fund 411 over the last five years to establish funds to provide for the identified maintenance needs for the Municipal Services Center (MSC). As presented in past budget discussions, Public Works proposed to set aside approximately one half the cost of the necessary work and then proceed to plan preparation and construction. Staffhas estimated the total cost of the project at $750,000, with over ½ or approximately $450,000 of that now established in the Building Fund. The proposed project schedule has construction plan development this spring, early summer bidding, a mid year 2005 construction project with completion by the end of the year. The project scope involves the following major items: Description ~ 1. Complete Roof Replacement: 2. Building Exterior: a. Repair Deteriorated Masonry, moisture intrusion: b. Repainting of Exterior: c. Add Wash Bay to Basement (Heavy Equipment): 3. Gender, ADA and Security Needs: a. Add 3-level elevator b. Add Main Floor Women's Restroom/Changing area c. Building security: card reader system control 4. HVAC System Balancing Needs: 5. Interior Repairs/Public Access / Electrical: a. Main Floor structural concrete repair/recoating b. Electrical Panel upgrade c. Reconfigure main entrance lobby (secure access) 6. Architectural: Plans/Inspections Total: Stq_ff Esthnated Cost $250,000 $140,000 $225,000 $55,000 $30,0O0 $54,750 $754,750 Council Action P. 76 CITY COUNCIL LETTER Meeting of: 2/14/05 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS ITEM: ADOPT RESOLUTION NO. 2005-08 AND BY: K. Hansen BY: ACCEPTANCE OF BIDS AND AWARD OF CONTRACT DATE: 2/8/05 DATE: FOR ARCHITECTURAL SERVICES FOR THE MUNICIPAL SERVICE CENTER A detailed roof analysis was conducted in 2004 that details why the roof cannot be repaired and is in need of replacement. A copy of that report is attached. The City also conducted a HVAC study that details the problems we are having with our system, especially in the negative pressures that exist in the building. A copy of the summary/recommendations is attached. The Building Official also commented that the negative pressures can draw moisture into the building envelope, further contributing to the exterior degradation of the masonry. Comments received by several of the architects looking at the building during their site visit(s) speculated that weep holes in the masonry are not draining properly, exacerbating the moisture and degradation of masonry. Our current electrical service into the building is overburdened and does not have any space for any additional circuits nor expansion. The total project budget only focuses on what we feel are absolute essentials and is not all inclusive of the staff identified, or complete maintenance needs of the building. What is not included in the project budget is environmental issues and hard surfacing of the basement floor, window replacement in the shop repair bay areas, replacing fueling pumps and dispensers, correcting the welding bay ventilation, inadequate on-site conference room space (space needs study recommendation), and replacing the galvanized water lines in the entire building. Prior to the RFP submittal date of January 28th, 4 of the 6 firms that submitted proposals requested building tours and to meet with staff for further information (Hay Dobbs and Phillips did not request a meeting). Public Works staff and the Building Official have reviewed each of the proposals and prepared a ranking grid based upon the criteria given in the RFP. On this basis, City staff is recommending the firm of Buetow and Associates to perform the MSC Architectural Services. Buetow presented a good understanding of the project, had excellent reference letters from other communities, and was the lowest responsible firm meeting all of the conditions of the RFP. We feel that Buetow has a demonstrated history designing a project within budget and has very good experience in the completion of similar projects in the Metro Area. As a matter of fact, three of their recently completed projects were Public Works renovation/remodeling projects of similar size and scope. Seventy percent of their work is involved with renovation, remodeling and building addition projects. Buetow was also the firm that conducted the Space Needs Study for the City of Columbia Heights in 1999 and is familiar with the Public Works operations. The estimated cost from each Architect is shown on the ranking sheet. The attached table illustrates the estimated hours by each consultant and what the corresponding average hourly rate would be. Funding for the project is as detailed in past budget discussions: staffwould propose to use $450,000 already set aside in Fund 411, and then use internal borrowing from Fund 411 for the balance, and Public Works paying back the internal loan over the next 4 years. Recommended Motion: Move to waive the reading of Resolution No. 2005-08, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2005-08 and accept the bids for Architectural Services and award the bid to Buetow & Associates of St. Paul, Minnesota, based on their qualified bid in the amount of $54,750; and, authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachments: Resolution Ranking Grid HVAC Study Recommendations Roof Analysis Report Council Action P. 77 RESOLUTION NO. 2005-08 RESOLUTION ACCEPTING PROPOSALS AND AWARDING CONTRACT FOR ARCHITECTURAL SERVICES FOR THE BUILDING MAINTENANCE PROJECT AT THE MUNICIPAL SERVICE CENTER (MSC) PROJECT #0503 WHEREAS, the City of Columbia Heights prepared a Request for Proposals (RFP) for City Project No. 0503, Architectural Services for a building maintenance project at the Municipal Service Center (MSC), proposals were received, opened and reviewed by staff. The following proposals were received by the due date stipulated in the RFP: Bidder Phillips Architects & Contractors Buetow & Associates Hay Dobbs Bonestroo, Rosene, Anderlik Oertel Architects JEA Architects Total Bid $52,500.00* $54,750.00 $62,035.00 $65,000.00 $68,550.00 $73,78O.00 WHEREAS, it appears that Buetow & Associates Architects, 2345 Rice Street, Suite 210, St. Paul, Minnesota 55113 is the lowest responsible bidder. (*Bidder did not meet RFP requirements.) NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Buetwo &Associates Architects, in the name of the City of Columbia Heights, for the Architectural Services for Building Maintenance Project at the Municipal Service Center City Project No. 0503, for the preparation of plans and specifications and construction administration. 2. The Architectural Firm of Buetow and Associates is hereby named the Project Architect. City Project 0503 shall be funded with existing funds from City Fund 411, Capital Improvement - General Government Buildings. Dated this 14th day of February, 2005. Offered by: Seconded by: Roll Call: Patricia Muscovitz, Deputy City Clerk CITY'OF COLUMBIA'HEIGH-TS By: Gary Peterson, Mayor P. 78 MSC BUILDING MAJOR MAINTENANCE - ARCHITECTURAL SERVICES City Project 2005-03 REVIEW MATRIX: Rating of 1 - 10, ;10 being the highest. CRITERIA Approach: Detail, Representative References: Understands Written Project Costs Scope & Project Qualifications Public Works Past Company I Firm: Requirements Proposal & Rates Program Schedule of Personnel Experience Performance ResourcesI TOTAL: Bonestroo Buetow 8.5 8.75 6 8.5 7 8 8.5 9,25 8.5 73 9 7.75 8.5 7.75 8 8,5 8.5 9.25 8.75 76 5.25 5.5 6.5 6.5 7,25 7.75 7.75 8.25 8.25 63 7 6.75 3.5 6.25 7.25 7.25 7,75 8.25 7.25 61.25 10 9.75 6 9.5 8 9 10 9.75 9.75 81.75 5.5 : 4 8.75 3.25 4.75 6.75 3 8.25 6 50.25 Hay Dobbs JEA Architects ~ Ortel Phillips Sub- Base Oompl es % of Manhours Total hourly Optional Time Frame Consultants Cost w/RFP Base Work Assigned Equivalent Work Tasks To Complete. r ....... Project,__. Identified $65,000 ! yes 8.67% 765 ~85.00 ' $8,000 Feb 05 - April 06 Yes $54,750 yes 7.30% 630 $86.90 $7,200 Feb 05 - Dec 05 Yes $62,035 yes 8.27% 630 $98.47 $6,785 Feb 05 - Sept 05 Yes $73,780 yes 9.84% 745 $99.03 $10,800 Feb 05 - Dec 05 Yes $68,550 ~: yes 9.14% 779 $88.00 $6,000 Feb 05 - Dec 05 Yes $52,500 no 7.00% Not Given Not Given Not Given Feb 05 - ? Yes :, Completion date Not Given Bonestroo Buetow Hay Dobbs JEA Architects Ortel Phillips AAC Roof Consulting, 6-27-04 City of Columbia Heights Public Works Department Steve Synowczynski- Supervisor Lauren McClanahan- Superintendent Kevin Hansen- Director 637 38t~ Avenue N.E. Columbia Heights, MN 55421-3806 Gentlemen; This is to confirm my recent closed inspection of your Public Works Garage roof area. As per your request please find enclosed report of the conditions present and our recommendations for corrective repairs. The existing sys. tem is composed of a concrete deck (.preformed), Urethane insulation, four ply asphalt and gravel roofing system with most of its gravel still in place, 4-6 inches of expanded poly styrene (bead board) loose laid, with a 45 mill E.P.D.M. robber roofing system. There is moisture trapped between the single ply and original roof. The field seam.~ are starting to separate in most areas. The glue they used to seam is water soluble glue that fails with constant contact with water. The entire system is shrinking dramatically as is evidence from the metal edge detail and how it is being pulled up onto the roof. RECOMMENDATIONS: There are several reasons that this roofing system can not be repaired and must be replaced at this time. The first reason is that the roofing system is shriu~dng and will continue to shrink after repairs are made. The second reason is the live load of the present system may very well exceed the load l~m~ts on the deck. The old roofing system weighs appro:~mately 6-8# and the EPDM system weighs 14-20 #, if you add the weight of the A/C units, and add a snow load you could be over or right at the capacity of the deck. The third reason is that the average life of an EPDM system in the USA (according to Project Pin Point done by the NRCA) is 11 years. Once the membrane gets that old we will see tiny pin holes develop in the system creating phantom leaks. There are three Systems that I would recommend'you considering. The first system is as foil0ws: 1. Kemove both roofs down to a clean deck and examine for deterioration (none expected). If damage is found contact the specifier as soon as possible. 2. Install a slope to drain isocyanerate insulation system meeting current codes. Adhere the insulation using a 100% layer of low rise urethane foant Hold board in place until the foam has flashed off. An optional way would be to install a two ply vapor barrier with a premium asphalt and polyester ply base sheet materials. 3. Install a ~" layer of fiber board over the top of the isocyanerate insulation staggering all joints · using a hot layer of Premium Asphalt with 100% coverage. 4709Asl~asia Circle, Suite B · Edina, MinnesP'8055435 · (612) 252-2500 · FAX (612) 252-2501 4. Install one layer of coated or uncoated polyester felt via mopping into fi:esh premium asphalt. 5. Install three plies of type IV felt as per specifications using premium asphalt. 6. Install a flood coat of premium asphalt broadcasting fresh clean gravel meeting ASTM 1863 type 7 or 8 at a rate of 450 -500# per 100 sq. ft. 7. Install a mineral surfaced APP modified two ply flashing meeting the specification requirements. 8. Install overflow scuppers to meet code (no less than two) including down spouts. 9. Install roof crickets where needed to accommodate the proper flow of water. 10. Furnish a ten year warranty covering the entire roof system from the deck up. Pro ratings and dollar limits will not be acceptable. All subsidiaries must have parent company issue and sign ' the warranty. 11. The entire system must meet FM Global requirements in all categories. 12. Install Kynar coated perimeter fascia, and interior counter flashing metals in accordance with SMACNA and the N-RCA. The metal must be included in the warranty. 13. Budget for this type ofroofmg system approximately $7.35 per foot or approximately $228,000.00 plus the A/C & heating unit. The second System is identical to the first except for 'the flood coat of Emulsified Coal Tar that will give you twice the life of an asphalt product because water does not deteriorate the Coal Tar Coating like it does any asphalt product. The budget would increase another $20,000.00 aprox. Or $.65 per foot for a total sq. ft. price of $8.00 or $248,000.00 for the total roofing project plus the A/C & heating unit. The third system would be identical to the first two except using modified asphalt in place of premium asphalt. This Would increase the price of the roof an additional $21,000.00 approximately or $.68 per sq. fl. for a total of $8.68 per sq ft. for a total roofing project cost of $269,000.00 plus the A/C & heating unit. The third system is the system we used on the Police Station- Fire House & the Park Villa roofs. It is a 35 yrs. + service roof that will perform well and can be restored after 35 years to get another 20 years. The second system will give you 25 years of service and can then be resurfaced to get another 10-15 years. The first system will give you 18 years of service and then it can be restored for au additional 10-15 years. The cost per sq. ft. per year is the most reasonable for the third type of roof with mod/fled asphalt and a coal tar flood coat ~ $.25 cents per ft. per year. The next most economical system is the second type of roof with the premium asphalt and coal tar flood coat for a cost per year per foot of $.32. The second one seems to fit your budget needs the best. The cost per sq. ft. of the first system is$.41 per sq ft. per year. A single ply system would be in the $.55 - .60 range with interim problems. I do not know at ttds t/me what you're A/C heater unit will run however, I will find out in the near furore. The size of this project dictates that we will need an Architect to review and approve the specification. Unless one of your civil Engineers would work with me to save the 5 to 7% fee. That fact alone will increase the budget by $12,000.00 to $17,000.00. The State of MN says any project over $35,000.00 must have an Architect or Engineer oversee the specification.preparation I have asked RItA Architects to submit a quote to you. We have used them in the past successfully on the Park Plaza and the City Hall. Their insurance like. everybody'else's has gone up considerably. However, I think he will do it for around the 5% figure. If we can do this in house let me know as soon as possible. Thank you for this opportunity to serve your roof management needs. If there are any questions please contact me. Bill HoImb~ ~ · P. 81 .. PUBLIC WORKS FACILITY COLUMBIA HEIGHTS, MINNESOTA HvAc SYSTEM INVESTIGATION PREPARED FOR CITY OF COLUMBIA HEIGHTS AUGUST 14, 2002 Prepared By Nelson-Rudie & Associates. Inc. 2638 University Avenue, Suite 180 · St. Paul,. Minnesota 55114 651-644-2400 P. 82 PUBLIC WORKS BUILDING COLUMBIA HEIGHTS, MINNES O I AUGUST 14, 2002 HVA C SYSTEM INVES TIGA TION EXECUTIVE SUMMARY The City of Columbia Heights Public Works building is a two story building consisting of garages on two levels and an office area. Diesel trucks and road construction vehicles are stored in the lower level garage. Cars and light trucks are stored and maintained in the main level garage. The main level also includes a paint booth, a welding hood, flammable storage and miscellaneous storage. The office area is adjacent to the main level garage and includes a mezzanine. The building has a long history of pressure-related problems resulting in odor problems and staff complaints. Doors are difficult to open and odors from diesel equipment and vehicle exhaust infiltrate to the office area. The pressurization prOblems are the result of air b&lance between the three main areas of the building: the lower level garage, the main level garage and the office area. We have recommended the following system renovations to correct the pressure problems: 1. Ventilating equipment in both garages should be rebalanced. 2. The blower motor, ofmakemp.air unit MAU-1 in the lower level'needs to'repaired and may need to be replaced. The unit trips on overload. Rebalancing the unit by Nelson-Rudie & Associates, Inc. P. 83 PUBLIC WORKS B UILD1NG C 0 L UMB IA HEI GH TS, MINNE S 0 T AUGUST 14, 2002 HVA C SYSTEM INVES TIGA TION reducing its supply air quantity may fix the problem. Note this unit is old and may have exceeded its useful life and may need to be replaced. 3. Diesel sensors should be installed in the lower level where diesel-engine vehicle are operated. 4. We recommend the replacement of one make-up air unit in the main level garage with one make-up air unit of higher capacity and a variable speed drive controlled by a static pressure sensor in the space. This approach, referred as dynamic; will automatically adjusts the pressure in the building with respect to the outside by modulating the differential between the amount of supply air and the amount of exhaust air to accommodate for pressure fluctuations caused by intermittent exhaust loads and varying wind effects on the building. 5. The controls should be reviewed and modified to allow a proper air balance in the building. 6. The office area ventilation system should be reviewed and modified to separate it from the garage area. It will require ductwork modification and air rebalance. Transfer air ducts will need to be installed. The rooftop unit minimum position of the outside air damper will need be reset. The supply ductwork system will need to be rebalanced. We recommend that all modifications be implemented in the near future. The modifications should help reduce the pressure fluctuations in the facility. Nelson-Rudie & Associates, Inc. P. 84 2 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 14, 2005 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: -/-~-i Administration APPROVAL ITEM: Appointment to elamfing & BY: Walt Fehst Zoning Commission DATE: February 8, 2005 DATE: NO: Background: At the February 7, 2005 the City Council discussed an appointment to the Planning and Zoning Commission. Current applicants on file are: Ted Landwel~r Michael Peterson Kathleen Korday David Thompson (2001 applicant) Recommended Motion: Move to appoint for the vacant term to expire April 2009. to the Planning and Zoning Commission COUNCIL ACTION: P. 85 CITY OF COLUMBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION BOARDS(S) OR COMMISSIONS(S) ON WHICH YOU WOULD LIKE TO SERVE: '(INDICATE. PREFERENCE: 1, 2, 3, IF MORE THAN ONE) TELECOMMUNICATIONS COMMISSION LIBRARY BOA_RD TRAFFIC COMMISSION CHARTER COMMISSION CNote: If applying for this commission, please indicate if you are a qualified voter: __Yes __ No ECONOMIC DEVELOPMENT AUTHORITY PARK & RECREATION COMMISSION HUM~ SERVICES COMMISSION ~. PLANNING & ZONING COMMISSION POLICE/FIRE CIVIL SERVICE COMMISSION ZIP CODE: ~o~ ~~s: Y'o~ '7: :~ t~/~. ~~ / LIWD r~ CO:J~A HEIO~TS S~NC~: /? ?~ PROPERTY OWNED IN COLUMBIA HEIGHTS (OTHER THAN RESIDENCE) PRESENT EMPLOYER: WORK PHONE: POSITION TITLE: EDUCATIONAL BACKGROUND: CMC EXPERIENCE: PLEASE STATE BRIEFLY WHY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR WHICH YOU ARE SUBMITTING THIS APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED: MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PLEASE LIST THREE REFERENCES: NAME '1. ADDRESS PHONE / I HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APPLICATION ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Signature Return application to: DepUty. City'Clerk City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 (763) 706-3611 TDD (763) 706-3692 12-1%01 P. 87 For Office Use O,nly~ Date received: ~.2, 0 0_3 CITY OF COLUMBIA HEIGHTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION. BOARDS(S) OR COMMISSIONS(S) ON 'WHICH YOU WOULD LIKE TO SERVE: (INDICATE PREFERENCE: 1, 2, 3, IF MORE THAN ONE) TELECOMMUNICATIONS COMMISSION CHARTER COMMISSION 0%re: If applying for this LIBRARY B OAR]) TRAFFIC COMMISSION c~ssion, please indicate if you are a qualified voter: .__Yes __ No · ' Z '.___ECONOMIC DEVELOPMENT AUTHORITY PARK & RECREATION COMMISSION HUM_AN SERVICE8 COMMISSION ? PLANNING & ZONING COMMISSION ___POLICE/FIRE CIVIL SERVICE COMMISSION ' ' : HOME PHONE: LWED ~ COL~~ ~IGHTS S~CE: /Fy~ " .PROPERTY O~D ~ COL~~ ~IGHTS (OT~R T~ ~S~ENCE) PRESENT EMPLOYER:. ' WORK PHONE: POSITION TITLE: 0~/~~ ~ '~d ff~ ~~ &7~Y ~k~ EDUCATIONAL BACKGROUND: CMC EXPERIENCE: P. 88 PLEASE STATE BRIEFLY WHY YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR WHICH YOU ARE sUBMITTING THIS APPLICATION AND WHY YOU FEEL YOU ARE QUALIFIED: I .AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENINGS. (CIRCLE): .-. MONDAY .TUESDAY WEDNESDAY ~ :., THURSDAY.. .... FRIDAY ' PLEASE LIST THREE REFERENCES: -' " NAME .ADDREgS 'PHONE ."::. ,. i .HEREBY CERTiFY THAT THE FACTS .W-iTI-m':~ THE FOP,_EGO~IG A.PPL!CAT!ON _A.~..E TRuE AND CORRECT TO THE BEST OF MY K2XlOWLEDGE. · Signature Remm application to: Deputy City Clerk City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 (763) 706-3611 TDD (763) 706-3692 IFor Office Use Only: · Date received: ~' ~ 0 12-17~01 P. 89 OTY O~ COLUlVm~ ~V, mI-XTS APPLICATION FOR APPOINTMENT TO BOARD OR COMMISSION. B OA_RDS(S) OR COMMISSIONS(S) ON'.,wH!CH YOU WOULD LIKE TO SERVE: (]2x!DICATE · PREFERENCE: 1, 2, 3, 1~ MORE THAN ONE) _____TELECOMMUNICATIONS COMMISSION CHARTER COMMIS SION ~ote:.~f applying for this commission, plea-de indicate if you are a qualified voter: _._Yes __ No ~c2. 'ECONOMIC DEVELOPMENT AUTHORITY LIBRARY BOARD TRAFFIC COMMISSION PARK & RECREATION COMMISSION HUMAN SERVICES COMMISSION /. PLANNING & ZONING COMMISSION ?OLICE/FIRE CIVIL. SERVICE COMMISSION " HOME. A~DP~SS: - ZIP CODE: ' '.'-"3tV Z'-~/~ ~. ~ ~,' "~~ ~~2 ~' ........ ~ 4z/"-- .... L~ED~COL~~IGHTSS~CE: 7~7' . ' / ' ~' . : .PROPERTY O~D ~ coL~~ ~GHTS (orca T~ ~sm~cE). /~/~ PRESENT EMPLOYER:' g~,, '.~~ ."-. . ~ ":': ..... :' , ' " 7/--'3- 7ov ¢-.~57Wd9' POSITION TITLE: '~)~ .... ' ' EDUCATION_AL BACKGROUND:' P. 90 PLEASE STATE BRIEFLY WHY. YOU ARE INTERESTED IN SERVING ON THIS BOARD/COMMISSION FOR. WHICH YOU ARE SUBMITTING THIS APPLICATION AND WHY YOU FEEL YOU. ARE QUALIFmD: I AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON THE FOLLOWING EVENINGS (CmCLE): : MONDAY .TUESDAY PLEASE LIST THREE REFERENCES: .WEDNESDAY -THURSDAY FRIDAY NAMB -ADDRESS' PHONE I HEREBY CERTIFY THAT THE FACTS ~WlTHIN THE FOREGOING'APPLICATION ARE TRuE . AND CORRECT TO'THE BEST OF MY KNOWLEDGE.' ·' .. Return application to: Deputy City Clerk City of Columbia Heights 590 40th Avenue NE Columbia .Heights, MN 55421 (763) 706-3611 TDD (763) 706-3692 For Office Use Only: · Date received: 2' ~0 12-17-01 P. 91 Katy Korday, Attachment Serving on the Planning and Zoning commission would allow me to be an integral, participative community servant within the city. I was bom and raised in Columbia Heights. Until 1994 1 was co-owner/manager of a successful catering company within the city. I feel a deep sense of loyalty, commitment and senthnentality toward the city of my birth. My qualifications are my thirty plus years business experience as a Columbia Heights business woman and my experience and participation in working directly with the Selection Committee responsible for the national and international search for the architect for the new Guthrie Theatre project in downtown Minneapolis. The finn I worked with on this committee was also responsible for the strategic real estate planning and implementation of.facilities and campuses for Medtronic's, Target, Lutheran Brotherhood, Piper Jaffray and Fingerhut. I directly reported to one of the principal's of the real estate advisors. I assisted in the analysis and coordination of the Guthrie project and acted as the direct liaison with national and international clients and generated reports, proposals and spreadsheets for the new Guthrie project. P. 92 APPLICATION FOR APPOINTMENT -'TO BOARD OR. COMMISSION )A.KD(S) OR COMmiSSION(S) ON WHICH YOU WOIJI.~ IJrKE TO SERVE: (INDICA~ PREFERENCE: 1, 2, 3, ]~ MORE ~ ONE) TELECOMMUNICATIONS COMMISSION CIL4RTER CO--SION (Note: ll'sppb-t~ fortlgs ~mmission. plexse indicate U'~'ou are · q,.mfl~ vo~er: Yes No) ECONOMIC DEVELOPMENT AUTHORITY HUMAN SERVICES COMMISSION LIRRARY BOARD __ TRAFFIC CO--SION ~' . PARK & RECREATION COMMISSION PLANNING & ZONING COMMISSION (/) IAME: ~dlD ,IYED IN COLUMBIA HEIGHTS SINCE: ROPERTY OWNED IN COLUNIBIA R£1GHTS (OTHER THAN RESIDENCE):' HOME PHONE: ZIP .CODE: 5-X-~r Z / RESENT EMPLOYER: WORK PHONE: · 763- 7~' -~ '-/~-70 osrrloN TITLE: [V'JC EXPERIENCE: P. 93 PLEASE sTATE BRIERY wHY YOU ARE INTERESTED IN SERVING ON TWI~ BOARD/ ' COMMISSION FbR WHICH YOU A_RE SUBMITTING THIg APPLICATION AND WHY YOU FEEL YOU ARE QUALITIED: [ AM NOT AVAILABLE FOR BOARD/COMMISSION MEETINGS ON TI:I'F FOLLOWING EVENINGS (CIRCLE): MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY PLEASE LIST THREE REFERENCES: NAME ADDRESS PHONE .l~s. £~L.L,.f 5~L~ d.,L. 14~¥+~ ~S?~z./ 7[,, HEREBY CERTIFY THAT THE FACTS WITHIN THE FOREGOING APpLIcATION ARE TRUE AND CORRECT 'Q THE BEST OF MY KNOWLEDGE. "~"~('""'~'"' ]?OR OFFIC~ ~JSE ONLY: I~NATURE' '"' ])ATE R~CE~¢ED ~- I~-.)_o01 ,eturn application to: eput~, C!D' Clerk/Council Secret~ry iR' of Columbia tieights )0 40th Avenue N.E., Columbia Heights, MN 55421 12-2800 TDD: 782-2806 [0199 P. 94 Metropolitan Council Directions Newsletter: Development: Columbia Heights to demolis... Page 1 of 3 "This is a great example, on a larger scale, of the surge in redevelopment occurring in the older part of the region. An excellent confluence of market forces and public priorities are making this happen," -- Metropolitan Council Member Tony Pistilli Heights to demolish o~d industri~ site, erect Redevelopment doesn't get much better than this. Columbia Heights is about to demolish an old and polluted industrial site, and out of its rubble create a project that promises to re-energize the entire city. The redevelopment is a textbook example of how to breathe new life into an older suburb. The project will generate new townhomes, new businesses, better transit, new parks, new recreation, better access to jobs -- and astonishingly -- a 34-fold surge in city tax revenue from the site. The Metropolitan Council could hardly have envisioned a better incarnation of many of its 2030 Regiona/ Deve/opment Framework goals than the Columbia Heights Industrial Park redevelopment. When complete, the project will revitalize a blighted area of an aging city, mix housing and commercial development and provide easy access to transit. It also will diversify the city's housing stock and integrate open space and recreational opportunities in the development. Known locally as "the 3800 Building," this structure will be torn down this year to make way for a new transit-oriented development in Columbia Heights. The city has engaged developer Schafer Richardson to redevelop a 30-acre former industrial site into 560 housing units, at least 13,000 square feet of commercial space, a refurbished park, a new parkway and stormwater improvements. The site, long plagued by pollution and blight, is being cleaned up with financial help from the Metropolitan Council and the Minnesota Department of Employment and Economic Development (DEED). In recent years this building has been used for storage. It is one of several being demolished to make way for 560 townhome units, a refurbished park and commercial development in Columbia Heights. k*t~,, lA .... ~r rn~trn~n,m~il nrr~Mir~mtinnq/rl~v~lnnm~nt/(~nlLlei pht~ htm 2/14/2005 Metropolitan Council Directions Newsletter: Development: Columbia Heights to demolis... Page 2 of 3 Tony Pistilli Located along a major transportation corridor -- University Ave. NE. -- and within a half mile of another -- Central Ave. -- the redevelopment will provide easy access to Jobs and transit. The project diversifies the city's housing stock, now dominated by single-family homes and apartments, by adding 560 townhouses that range in price from $220,000 to $350,000. "The development provides a different type of housing to attract~new residents and to allow people who've lee to return to the city they love," said Bob Streetar, Columbia Heights community _ development director. "It's taking a very stale area and injecting new life into it, giving people a reason to feel good about where they live." The Framework sets a goal that 30 percent of overall household growth in the region in the next three decades occurs in the central cities and developed suburbs, relying on infill and redevelopment to meet the goal. Streetar estimates that once fully occupied, the housing will increase the city's population by seven percent. "This is a great example, and perhaps on a larger scale, of the surge in redevelopment occurring in the older part of the region," said Metropolitan Council Member Tony Pistilli. Pistilli represents Columbia Heights and seven other suburbs north of Minneapolis. "We're seeing an excellent confluence of market forces and public priorities that are making this' happen." Bob Streetar, Columbia Heights community development director The industrial area now brings about $50,000 a year in tax revenue to the city. Once the redevelopment is complete, the city estimates annual tax revenue at $1.7 million -- a 34- fold increase. "Communities like Columbia Heights have seen a lot of disinvestment in recent years, as well as huge cuts in local government aid -- $2 million annually in our case," Streetar said. "ProJects like these, which are reviving our city, would absolutely not be possible without the help of the Metropolitan Council, DEED and Anoka County." The Council, through a one-time $50,000 predevelopment grant, together with Anoka County, provided planning funds to get the project through the early stages. The Council approved a Livable Communities Tax Base Revitalization Account (TBRA) grant of $232,000 in December 2003 for asbestos removal and soil cleanup on one portion of the site. The Council awarded a second TBRA grant of $289,000 in January 2005 for asbestos removal and soil cleanup in a second area of the site. DEED has awarded the city $1.6 million for site cleanup. As the development gets under way, the city will contribute up to $8 million for land costs and infrastructure, like streetscapes and stormwater inn provements. "This is the kind of collaborative effort the Framework encourages," Pistilli said. Read more about the Framework. Read about the .]enuary 2005 TBRA grant ~wards. Metropolitan Council Federal Communications Commission 445 12th Street, S.W. Washington, D. C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 This is an unofficial announcement of Commission action, Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974). For Immediate Release February 4, 2005 News Media Contact: Rebecca Fisher (202) 418-2359 FCC Media Bureau Releases 11th Annual MVPD Competition Report Washington, DC -- The Federal Con-nnunications Cmmrfission (FCC) today released its 11th Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming. The report examines the status of competition in the market for the delivery of video programming, changes that have occurred in the market over the past year, and factors that have facilitated or impeded competition among video programming providers. Consumers today have viable choices in the delivery of video programming, according to the report. Almost all U.S. consumers have the choice between over-the-air broadcast television, a cable service, and at least two direct broadcast satellite (DBS) providers. In some areas, consumers also can choose to receive service via one or more emerging technologies, including digital broadcast spectrum, fiber, and video over the Internet. In addition, the report finds that as a result of system upgrades and increased competition from DBS services, cable subscribers are enjoying a broad range of advanced services, such as digital tiers and video on demand, as well as more channels of video programming. Specifically, the report states that overall cable subscribership remained relatively stable over the past year, as the multichannel video programming distribution (MVPD) market grew. In contrast, DBS subscriberships continued to increase at double-digit rates of growth, which is due in part to the continued increase in the number of markets where local broadcast television stations are distributed by DBS under the authority granted to them by the Satellite Home Viewer Improvement Act of 1999 (SHVIA). In addition, other delivery technologies continue to serve small numbers of subscribers in limited areas. As of June 2004, 92.3 million households subscribed to an MVPD -with 71.6 percent subscribing to a franchised cable operator, 25.1 percent receiving their video programming from a DBS operator, and 3.3 percent of subscribers choosing service from other types of providers (e.g., broadband service provider (BSP), wireless cable operator, private cable operator). The report offers analysis of other potential competitors to cable television and discusses the transition of traditional over-the-air broadcasting to digital technology, emerging technologies such as Internet Protocol television, and developments in foreign markets. In addition, the report examines horizontal concentration in the MVPD marketplace, vertical integration between cable television systems and programming services, competitive issues in small and rural markets, and technical advances. This is the Commission's 11th annual report to Congress on the status of competition in the market for the delivery of video programming. Section 628(g) of the Communications Act of 1934, as amended, requires the Commission to report annually to Congress on the status of competition in the market for the delivery of video programming. A list of the key fmdings of the report is attached, and a full copy of the report is available at www.fcc, gov/mb. Action by the Commission, January 14, 2005 by Report (FCC 05-13). Chairman Powell issuing a separate statement. Commissioners Copps and Adelstein concurring and issuing a joint statement. --FCC-- Media Bureau contacts: Marcia Glaubennan or Anne Levine at (202) 418-2330. KEY FINDINGS OF THE FCC's 11TM ANNUAL REPORT ON VIDEO COMPETITION Industry Growth: The 2004 report discusses changes that have occurred in the competitive enviromnent over the last year. Overall, we £md that cable subscribership is remaining relatively stable as the MVPD market grows; thus, cable's share of the multichannel video programming distribution (MVPD) market is declining. In contrast, DBS subscribership continues to increase at nearly double-digit rates of growth, and its share of the marketplace is increasing. The second and fourth largest MVPDs are both DBS operators. In addition, other delivery technologies contimte to serve small numbers of subscribers in limited areas. Local exchange carriers (LECs), who have parmered with DBS providers to offer video service over the last year, have recently announced plans to enter the video distribution market with fiber facilities. As of June 2004, cable operators served approximately 72 percent of all MVPD subscribers. Today, almost all consumers have the choice between over-the-air broadcast television, a cable service, and at least two DBS providers. In some areas, consumers may also choose between other traditional (e.g., broadcasting, cable, DBS) and emerging (e.g., use of digital broadcast spectrum, fiber, video over the Internet) delivery technologies as well. Increased competition in the market for the delivery of video progrmmning since our first Report has led to ilnprovements in cable television services, including more channels of video programming and more service options, but generally not lower prices. In addition, through the use of advanced set-top boxes and digital video recorders, consmners are now able to maintain more control over what, when, and how they receive information. Based on the information presented in this Report, we find that consumers today have viable choices in the delivery of video progrmrnning, and they are exercising their ability to switch among MVPDs. We do not believe that the fact that large numbers of consumers continue to subscribe to cable service indicates a lack of choice. Cable operators in response to the growth of DBS have made upgrades and advances in their offerings. The mnnber of cable subscribers selecting digital tiers and advanced services not offered by DBS contimtes to grow. In addition, consmners are more likely to consider switching from cable to DBS when they change their residences, indicating a convenience factor and the cost of switching, rather than a lack of choice, is an important consideration in remaining a cable subscriber. Convergence of Video Programming and Nonvideo Advanced Services Cable multiple system operators (MSOs) and other MVPDs continue to offer nonvideo advanced services. Some cable operators continue to offer access to the Internet through the subscriber's television and a specially designed set-top box, but the most popular way to access the Internet over cable is through the use of a cable modem and personal computer. As of June 2003, there were more than 13.7 million cable modem Internet access subscribers. As of June 2004, there were about 18.5 million cable modem Internet access subscribers. A majority of MSOs offering telephone service are offering facilities-based service, some using voice over Internet Protocol (IP) based services. Some MSOs continue to offer circuit-switched resale telephone service. As of year-end 2003, cable operators were serving approximately 2.8 ~rfillion subscribers with telephone service. Broadband service providers (BSPs) continue to offer a package of video and nonvideo services over their advanced fiber networks, and many wireless cable and private cable operators offer nonvideo advanced services in addition to their primary video offerings. As we reported in the 2003 Report, the DBS industry is continuing to develop ways to bring advanced services to its customers. DIRECTV contim~es to offer one-way and two-way satellite-delivered Internet service under the brand name DIRECWAY. We note that DIRECTV has scaled back its plans to use SPACEWAY satellites to offer broadband services. EchoStar, which has offered satellite-based Intemet services in the past, no longer offers its own service. DIRECTV and EchoStar continue to develop strategic marketing alliances with local exchange carriers to offer an integrated digital satellite and DSL service. These agreements allow for single billing and discounts for subscribers to both services. Distribution Technologies Findings: FCC findings as to particular distribution technologies operating in the market for the delivery of video programming include the following: Cable Systems: Subscribership to cable television services has remained relatively static over the past year. Between June 2003 and June 2004, there was only a 0.08 percent increase in subscribership from 66.05 million subscribers to 66.1 million snbscribers. As we reported last year, some cable operators have lost subscribers since our last Report, while others have increased their subscribership. This year, many cable operators have reported quarterly losses in subscribership, while reporting small overall, year- to-year increases. Nevertheless, the industry continnes to grow in terms of revenue, collective, all-day audience shares for nonbroadcast networks, and spending on progralmning. The cable industry has npgraded almost 91 percent of its plant to 750 MHz capacity or higher. As a result, cable continnes to offer increased channel offerings and new advanced services, including video-on-demand and home networking, in addition to such advanced services as high-speed Intemet access and telephony. Direct-to-Home (DTH) Satellite Service (DBS and HSD): DBS continues to increase its share of the MVPD market, while other MVPDs continue to experience losses in market share. As of June 2004, DBS represented a 25.1 percent of all MVPD households, and DIRECTV and EchoStar rank among the four largest providers ofmultichannel video progrmmning service. In June 2004, DBS operators had over 23.16 million subscribers, an increase of close to 14 percent since the 2003 Report. Home satellite dish (HSD) represents another 0.36 percent of all MVPD subscribers as of June 2004, with approxhnately 335,800 subscribers to HSD services, as measured by the number of HSD users that actually purchase progralmning packages. Broadband Service Providers (BSPs): BSPs are entities that compete with existing cable systems using state-of-the-art networks that are capable of providing a package of video and nonvideo services. BSPs, many of which also operate as competitive LECs, are the primary open video system (OVS) certification holders, a regulatory framework originally intended for local exchange carders. As of June 2004, BSPs served approxhxaately 1.4 million subscribers, representing 1.5 percent of all MVPD households. Broadcast Television: Broadcast television stations supply video progrmmning directly to those television households that are not MVPD subscribers and to television sets in MVPD households that are not connected to such service. The broadcast industry continues to grow in the mnr~ber of operating stations (from 1,726 in June 2003 to 1,747 in June 2004), adding about 1.2 percent stations over the past year. Broadcast stations and networks, and nonbroadcast networks alike must either produce progrmmning or purchase programming from third-party producers. During the 2002-2003 television season, broadcast television stations collectively (network affiliates, independent stations and public broadcast stations) accounted for an average 49 share of prime thne viewing for all television households compared to an average 48 share during the 2003-2004 television season. During the 2002-2003 television season, broadcast television stations collectively accounted for an average 45 share of all day viewing for all television households, compared to an average 44 share during 2003-2004 television season. Broadcast television stations contim~e to deploy digital television (DTV) service. As of September 2004, all of the 40 stations that make up the top-four network affiliates in the top ten television markets were offering digital broadcasts and 1,468 television stations, representing 85 percent of all stations, are on the air with DTV operation. Wireless Cable Systems: Wireless cable operators continue to provide competition to the cable industry in a few limited areas, with their snbscribership remaining relatively constant. For both June 2003 and June 2004, we report approximately 200,000 subscribers to wireless cable systems. Wireless cable subscribers now represent approximately 0.22 percent of the all MVPD households, the same share as reported in the 2003 Report. Wireless cable operators continue to convert their use of the spectrum from video service to Intemet service exclusively. Private Cable Operators: Private cable operators, also known as SMATV operators, use some of the same technology as cable systems, but do not use public rights-of-way. PCOs focus principally on serving small numbers of subscribers living in multiple dwelling units (MDUs) and other private colmnunities. As of Jnne 2003, there were about 1.2 million subscribers to PCO services, representing 1.34 percent of all MVPD subscribers. As of June 2004, there were about 1.1 million snbscribers to PCO services, representing 1.19 percent of the total number of MVPD households, a decline since our last Report. Internet Video: Over the past year, video provided over the Internet has grown and promises to become an increasingly strong product in the market for the delivery of video progrmmning. Most instances of video streamed over the web, however, are still not of broadcast quality, and the medium is still not seen as a direct competitor to traditional video services. Streaming video is currently most viable when delivered over broadband networks. As of June 2004, an estimated 64 million Americans snbscribed to an Internet access service, and 30.1 million of those subscribed to a high-speed Internet access service, or about 47 percent of all subscribers. Most near ten]a uses of video available over the web will be downloadable video. Traditionally, downloadable video has been stored and viewed over the personal computer; however, video also is becoming available for download directly to a set-top box to be viewed over the television, similar to MVPD video-on-demand services. Despite its relative low quality, streaming video remains popular, and many firms continue to develop a great deal of content. Home Video Sales and Rentals: We consider the sale and rental of home video, including videocassettes, DVDs, and laser discs, part of the video marketplace because they provide services similar to the premium and pay-per-view offerings of MVPDs. In 2004, VCR penetration is estimated to be about 91 percent of TV households. As of July 2004, approximately 70 percent of TV households have a DVD player. Digital video recorders (DVRs) are the newest technology for recording live video progrmmrdng. DVRs are capable of pausing, recording, and rewinding live television in digital form on an internal hard drive instead of videotape. DVRs may be standalone devices, where the consulner obtains a subscription from a DVR service operator. In addition, cable and satellite operators have incorporated DVR functionality into their set-top boxes. TiVo, the largest DVR maker, has approximately two million subscribers, of which 1.1 million are DIRECTV subscribers. There are 1.4 million cable subscribers that have set-top boxes with DVR functionally, and EchoStar has over one million subscribers to its DVR system. LEC Entry: In past Reports, we have reported that the largest incumbent LECs have largely exited the video business. While this remains true today, some large incumbent LECs (ILECs) (e.g., SBC and Verizon) have announced plans to provide video service over fiber networks they plan to deploy over the next several years. BellSouth maintains its facilities-based overbuild cable systems in 20 franchise areas, passing 1.4 million homes. In addition, Verizon has received franchises for two COlmnuaities thus far, and has announced plans to roll out video services in additional areas in 2005. Several ILECs are also offering or are preparing to offer, MVPD service over existing telephone lines. Qwest Co~mnunications, for example, offers video service, high-speed Internet access, and telephone service in several markets using existing copper telephone lines and very high-speed digital subscriber line (VDSL) technology. Electric and Gas Utilities: Some utilities are engaged in the provision of video services through overbuilding incumbent cable systems. Though their services are still not widespread, utilities provide competition in scattered localities. Attributes such as their ownership of fiber optic networks and access to public rights-of-way are competitive strengths. Some utilities offer telecmmnunications services on their own, while others parmer with broadband service providers. Municipal utilities in rural areas are also notable entrants. Reports indicate that 109 public power entities offer video services. Additional Findings: Consolidation and Clustering: Cable operators' acquisitions and system trades have slowed significantly since om- 2003 Report. In Jtme 2003, the four largest operators served about 59_percent of all U.S. cable subscribers, whereas in June 2004, the four largest cable operators served about 58 percent of all U.S. cable subscribers. In terms of one traditional economic measure, national concentration among the top MVPDs has declined slightly since last year. As of year-end 2003, slightly more than 53.6 ~rfillion of the nation's cable snbscribers were served by systems that are included in 108 regional clusters. Programming Networks: The number ofprogrmmning networks has increased over the last year. As of June 2003, there were approximately 339 nonbroadcast progrmmning networks available for carriage by MVPDs. As of June 2004, there were 388 national nonbroadcast progrmmning networks. Of these networks, cable operators had ownership interests in 89, compared to 110 networks reported in June 2003. Thus, during this period, vertical integration of national progrmmning services between cable operators and progrmrnners has decreased from 33 percent as of June 2003 to 23 percent as of June 2004. As of June 2004, four of the top six cable MSOs, ranked by subscribership, held ownership interests in progrmmxfing services, the same as a year earlier. In addition, we identified 103 national, nonbroadcast networks that are not owned wholly or in part by a cable operator, but are owned by one or more media entities, such as a broadcast television network or broadcast station licensee. Thus, we have identified 196 national nonbroadcast networks, representing approximately 51 percent of the 388 networks, that are not affiliated with either cable or other media entities. In addition, of the 15 new progrannning networks that were launched in 2004, two are affiliated with cable operators. In 2003, 39 new networks were lannched; four of these networks are affiliated with cable operators, and a fifth is affiliated with News Corp. (Fox). Sports prograanning warrants special attention because of its widespread appeal and strategic significance for MVPDs. The 2004 Report identifies at least 38 sports channels out of a total of 96 regional networks. Many of these networks are owned at least in part by MSOs. There are also 40 regional and local news networks that compete with local broadcast stations and national cable news networks. Many of these networks are owned at least in part by MSOs. Navigation Devices: In 2003, the Co~r~nission adopted rules to permit television sets to be built with "plug-and-play" functionality for one-way digital cable services, without the need for a set-top box. The cable, DBS, and consumer electronics industries continue to work on the development of an agreement for two-way "plug-and-play" receivers. In addition, the Coxmnission also adopted rules in 2003 to assure that DTV broadcast content will not be indiscriminately redistributed over the Internet. In 2004, the Co~mnission approved 13 technologies meeting the Co~mnission's standard. Cable Modems: In Jtme 2004, there were approxhnately 18.5 million cable modem subscribers in the U.S. As of September 2004, 427 DOCSIS modems have received certification. Most operators continue to improve their high-speed Internet access service, offering higher speeds and special features. Foreign Markets: We report on some interesting developments in foreign markets, covering video over Internet Protocol (IP) broadband, the digital television transition, and terrestrial, cable, and satellite competition that we find relevarit to our exmrfination of video progrmmning in the United States. In particular, we have chosen to examine video provided via IP broadband (also known as IPTV) in Hong Kong, Italy, and the United Kingdom. We also report on the transition to digital television in Germany and the United Kingdom, in order to provide insight into the relative efficiency of market structures and regulations within the United States.