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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.