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HomeMy WebLinkAboutJanury 27, 2003OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JANUARY 27, 2003 The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, January 27, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. Pastor Dan Thompson, Assembly of God Church, gave the invocation. CALL TO ORDER/ROLL CALL Present: Mayor Wyckoff, Councilmember Kelzenberg, Councilmember Williams, Councilmember Ericson, and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA -none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS - none CONSENT AGENDA Walt Fehst, City Manager, read through the consent agenda items. 1) City Council Meeting Minutes for Approval Motion to approve the minutes of the January 13, 2003, regular City Council meeting as presented. 2) Accept Boards and Commissions Meeting Minutes Motion to accept the December 2, 2002 minutes of the Traffic Commission. Motion to accept the January 7, 2003 minutes of the Library Board of Trustees. Motion to accept the January 16, 2003 minutes of the Charter Commission. 3) Establish Work Session Meeting Dates for Monday, February 3, 2003 and Tuesday, February 18, 2003 beginning at 7:00 p.m. in Conference Room 1 - removed 4) Establish the date of the Local Board of Review meeting for Monday, April 7, 2003 at 7:00 p.m. in the City Council Chambers. - removed s) Approve one year extension of Agreement with the Center for Energy and Environment Motion to approve the One Year Extension to the agreement for Administrative Services between CEE and the City of Columbia Heights through December 31, 2003. Fehst explained that this group provides financingfor home improvements'. The City has pledged $50,000 to match a grant to improve our housing stock. There is S15, 000 remaining in City funds, which would fund approximately another 15 loans. After these funds are expended the decision will be made to continue with this group or work solely with Greater Metropolitan Housing Corporation. 6) Approve agreement between the City of Columbia Heights and Columbia Park Medical Group for the operation and maintenance of a public parking ramp located at 4011 Van Buren Street. - removed Wyckoff stated that Columbia Park Clinic is responsible for the maintenance of this ramp. Fehst City Council Minutes January 27, 2003 Page 2 of 13 stated we pay about 19 percent oft he upkeep, in that we use approximately 19 percent oft he ramp. Wyckoff stated there have been complaints about debris in the ramp. Fehst stated there have been complaints at both ramps because of graffiti and debris. Nawrocki stated that the 19percent was not fisted in the contract. He referred to article/~4 of the agreement and confusion on how much the City is paying compared to the cfinic. Fehst stated the stipendpaid by the City is $2,000, with the 19 percent referred to in the original agreement. Fehst stated that we are currently operating without a contract and this contract is needed so they continue insuring this building. Nawrocki stated the language does not indicate we are not responsible for all maintenance costs. Jim Hoeft, City Attorney, stated that the contract was drafted to address indemnification relating to the insurance coverage. He was not involved in negotiating operating expenses, as it is not a legal issue. Nawrocki indicated the contract heading does not refer to insurance. Williams referred to Section 6.1 of the contract indicating that if terminated we would be responsible and liable for this ramp. Wyckoff asked if the Council wished to table the item. Williams stated there are termination rights of 120 days written notice. 7) Approve Anoka County Joint Powers Agreement Score Funds Motion to authorize the Mayor and City Manager to enter into the 2003 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 $53,410.60 available as reimbursement for eligible expenses. Fehst stated this was approximately $500 less than last year. The Governor may look to pull back some waste management funds, dean Kuehn, Special Project Coordinator, oversees this program and we receive awards in this area each year. Fehst stated this reduces the cost to residents for recycling. Nawrocki requested a report on the program. 8) Authorize to seek bids for Road Materials for 2003 Motion to authorize staff to seek bids for the purchase of road materials for 2003. 9) Authorize to seek bids for 2003-2004 Tree Planting Motion to authorize staff to seek bids for the 2003-2004 Tree Planting Program. Fehst stated that tree planting has been substantially reduced in our budget. 10) Authorize Public Works Blanket Orders for 2003 Purchases of Satellite rental, road de-icing chemicals and fuel purchase Motion to authorize staff to process blanket purchase orders in an amount not to exceed the 2003 budget amounts for: - Annual satellite rental for seven City parks with Biffs from the Hennepin County Cooperative Purchasing Contract and, - De-icing salt for salt/sanding operations purchased off the State of Minnesota Contract, and -Fuel (unleaded and diesel) for City Vehicles from the Anoka County Cooperative Agreement. City Council Minutes January 27, 2003 Page 3 of 13 11) Authorization to seek bids for 2003 Miscellaneous Concrete Replacement and Installation Project. Motion to authorize staff to seek bids for the 2003 Miscellaneous Concrete Replacement and Installation Project. 12) Authorization to seek bids for 2003 Street and Parking Lane Striping Motion to authorize staff to seek bids for the 2003 Street and Parking Lane Striping Contract. 13) Establish a Hearing Date of February 10, 2003 for revocation or suspension of rental property license at 1206-12-8 Circle Terrace Blvd NE. Motion to Establish a Hearing Date of February 10, 2003 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the Estate of Susan Loewenthal at 1206-1208 Circle Terrace Blvd NE. Nawrocki stated he did not receive information on the reason this hearing was being set. 14) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications for January 27, 2003. Approve Business License Applications Motion to approve the items as listed on the business license agenda for January 27, 2003 as presented, and to waive the fee for the Immaculate Conception Fun Fest. 16) 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 101722 through 101942 in the amount of $846,849.66. Nclwrocki questioned if the fee reduction for Immaculate Conception's event shouM be part of the motion to approve the consent agenda. Fehst agreed. Motion by Nawrocki to approve the consent agenda items, except items #3, 4, 6, and to include waiving the fee for the Immaculate Conception Fun Fest. Second by Williams. Upon vote: All ayes. Motion carried. #3 Establish Work Session Meeting Dates for Monday, February 3, 2003 and Tuesday, February 18, 2003 beginning at 7:00 p.m. in Conference Room 1 Fehst listed items for the February 3rd work session. - Capital Improvement Bond - Ehlers and Associates will be present - Credit card payments for utility bills - Meeting with Chaudhary and Goodwin at 8:30 p.m. - Fire Department matching Safety Grant project for replacement of turn out gear. - Sister City Committee request of funds for a welcoming reception for visiting dignitaries from Lomianki. There may be five to seven people visiting who will be boarding at Totino Grace. Nawrocki referred to a meeting with State Legislators and handed out information received. He asked if there was agenda for the proposed Februaryl8th work session. Motion by Nawrocki to set a work session meeting date of February 3, 2003 at 7:00 p.m. Second by Kelzenberg. Upon vote: All ayes. Motion carried. City Council Minutes January 27, 2003 Page 4 of 13 Motion by Williams to set a work session meeting date of February 18th at 7 p.m. Second by Ericson. Nawrocki indicated that Parfiamentary Procedure states an agenda shouM be given when calling a meeting. Williams indicated this has been past practice allowing Councilmembers to set their schedules, and that the City Attorney has agreed Ericson stated that an agenda for the February 18th work session would be announced at the February 10, 2003 City Council meeting. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. #4 Establish the date of the Local Board of Review meeting for Monday, April 7, 2003 at 7:00 p.m. in the City Council Chambers. Nawrocki indicated there are not several options for dates as in the past. Linda Magee, Assistant to the City Manager, indicated the County has specific dates set aside to meet with municipalities and this was the date they requested Motion by Williams, second by Kelzenberg, to set the date of the Local Board of Review meeting for Monday, April 7, 2003 at 7:00 p.m. in the City Council Chambers. Nawrocki referred to schedufing the 5th Monday of the month, allowing the following Monday to be free of meetings. Motion by Nawrocki to table the motion and to attempt to schedule the Board of Review for the fifth Monday of March. Ericson questioned Nawrocki as to why he was willing to set a year ' s worth of meetings when he wouM not agree set a work session without an agenda. Nawrocki indicated his proposed schedule was of suggested meeting dates. Fehst will check if March 3]st would be acceptable to Anoka County. Nawrocki indicated his dj,favor of work sessions. Motion by Nawrocki, second by Williams, to table setting a date for the Board of Review. Upon vote: All ayes. Motion carried. #6 Approve agreement between the City of Columbia Heights and Columbia Park Medical Group for the operation and maintenance of a public parking ramp located at 4011 Van Buren Street. Motion by Nawrocki to table the agreement for the public parking ramp for additional information. Second by Williams. Ericson asked how our liability would be affected Hoefi stated that it is our ramp and we do not know if the clinic is maintaining insurance on it or not. Ericson stated that in light of this she couM not support tabling this item. Fehst stated these discussions have been ongoing since last summer and that maintenance cost; are still an issue, but indemnification shouM be settled as soon as possible. Upon vote: Kelzenberg, aye; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay. Motion failed 2 ayes - 3 nays. City Council Minutes January 27, 2003 Page 5 of 13 Motion by Ericson, second by Williams, to approve the agreement between the City of Columbia Heights and Columbia Park Medical Group for the operation and maintenance of the public parking ramp located at 4011 Van Buren Street. Williams indicated that we do have a 120 day cancellation period and this agreement would indemnify us. Ericson stated it is a 120 day notice. Hoefi stated as there is a lapsed contract, the issue should be resolved and the maintenance issue should be addressed Nawrocki indicated that the existing agreement expired in July of 2000. Wyckoff stated that as of September 6th, the agreement has remained in place. Nawrocki requested the motion include responsibilities. Ericson was in favor of the agreement, and requested staff maintain ongoing negotiations with the clinic. Kelzenberg questioned language that discussed indemnification. Amendment to the Motion by Ericson, second by Kelzenberg, with additional instructions to staff to continue negotiations on maintenance with the clinic. Upon vote of the amended motion: All ayes. Motion carried. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1. Adopt Resolution No. 2003-01, being an Order regarding the Maximum permitted basic programming service rate set forth in the Federal Communications commission Form 1240 filed by AT&T Broadband on or about March 1, 2002 and Adopt Resolution No. 2003-02, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by AT&T Broadband on or about March 1, 2002. Magee stated that on or about March 1, 2002 notice was received from AT&T Broadband ora rate increase with Federal law requiring a public hearing. This was held on Monday, December 16, 2002. The two resolutions are for maximum permitted service rates and maximum installation rates. Magee indicated that Cable Attorney Steve Guzzetta and A T&T Broadband Director of Affairs Kathi Donnelly-Cohen were present to answer questions. Guzzetta stated this allows the rate increase orS. 50 that was implement in 2002 to remain in effect for service and equipment rates. This serves as the springboard for next year 's filing. Guzzetta referred to rates listed in the Council letter. Wyckoff asked if the Telecommunications Commission reviewed this. Magee stated the Commission did so in October. Williams referred to past discussions about Universal Service. Donnelly-Cohen stated the service rate was implemented in July, with one year to be reviewed Universal service is one part of the original franchise negotiations. The cost for Universal Service is subsidized by regular subscribers. Donnelly-Cohen described installation and limited special problems for apartments. She indicated that only 37 cities have this service and has lead to a great deal of piracy. Nawrocki gave his history with the cable franchise deal. He referred to a newspaper article on the high cost of cable. He stated that this motion only indicates that we have received notice and acknowledge it. Guzzetta indicated this reserves the right to look at future rate fifings and to possibly look at a rate analysis. City Council Minutes January 27, 2003 Page 6 of 13 Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2003-01, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution 2003-01, being an Order regarding the maximum permitted basic programming service rate set forth in the Federal Communications Commission Form 1240 filed by AT & T Broadband on or about March 1, 2002. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2003-01 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2002 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the ;;City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter ;;FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. d/b/a AT&T Broadband (hereinafter ;;AT&T"), the current franchise holder, filed with the City an FCC Form 1240 ;;Updating Maximum Permitted Rates for Regulated Cable Services", dated March 1, 2002, purporting to set forth and justify the rate it proposed to charge to subscribers in the City for basic cable service (hereinafter the ;;2002 FCC Form 1240"); and WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2002 FCC Form 1240; and WHEREAS, the rate set forth herein will govern AT&T's basic service rate until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. AT&T's maximum permitted rate for basic cable service, as calculated in the 2002 FCC Form 1240, is neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii) be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions. 2. AT&T shall not charge any rate higher than the maximum permitted rate set forth in the 2002 FCC Form 1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.932, or as otherwise expressly permitted under applicable law and regulations. 3. AT&T 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 AT&T in its 2002 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 is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2002 FCC Form 1240. 5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the right to request and review data, and documents concerning the 2002 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 2002 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 2002 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 AT&T, 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). Motion by Williams, second by Ericson, to waive the reading of Resolution 2003-02, there being ample copies available to the public. Upon vote: All ayes. Motion carried. City Council Minutes January 27, 2003 Page 7 of 13 Motion by Williams, second by Kelzenberg, to adopt Resolution 2003-02, being an Order regarding the maximum permitted equipment and installation rates set forth in the Federal Communications Commission Form 1205 filed by AT & T Broadband on or about March 1, 2002. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2003-02 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2002 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. d/b/a AT&T Broadband (hereinafter "AT&T"), the current franchise holder, filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, ~Equipment Form'" (hereinafter the "2002 FCC Form 1205"), dated March 1, 2002, purporting to set forth and justify the rates it proposed to 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 2002 FCC Form 1205; and WHEREAS, the rates set forth herein will govern AT&T's equipment rates and installation charges until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved: 1. AT&T's maximum permitted rates and charges for equipment and installation, as calculated in the 2002 FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period. 2. AT&T shall not charge any rates higher than the applicable maximum permitted rates set in the 2002 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. § 76.932, or as otherwise expressly permitted under applicable law and regulations. 3. AT&T 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 AT&T in its 2002 FCC Form 1205. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any specific entry, explanation, calculation or rate in the 2002 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 2002 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 2002 FCC Form 1205 that are relevant to any City review of subsequent equipment and installation rate filings; and (iii) the right to request additional information concerning the 2002 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 AT&T, 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). 2) Adopt Resolution No. 2003-03, being a Resolution setting the City Manager's spending authority. Ericson stated that one of the questions placed on the ballot by the Charter Commission was to have the City Manager's spending limit set by Council and not by the City Charter. This only took the authority from the Charter and did not set a specific amount. She indicated that review showed the City Council Minutes January 27, 2003 Page 8 of 13 statutory cities average limit was $15,000 and other Cities averaged $25,000. Charter Commission members felt the current $3,000 amount was very low. Wyckoff referred to bills for Liquor purchases that were over the set amount and were being signed. Elrite stated that other cities surveyed were at $28,000 to $30,000. The proposed $15,000 is significantly under the average and significantly over the current amount. Ericson clarified that Council wouM continue to received a list of checks for approval every two weeks'. Nawrocki stated the resolution shouM include language about reporting to Council. The fiquor expenditure shouM have a maximum amount also. Nclwrocki felt there have been no problems with the current system. He referred to questioning a $100,000 bill that no one couM tell him what it was for. He speaks' to the Finance Director about the bills prior to every meeting. Ericson gave an example of when waiting two weeks' to approve abiY would be a problem. Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2003-03, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2003-03, being a Resolution setting the City Manager's spending authority. Motion to amend by Nawrocki, that the amount be changed to $1,500. No second was received. Kelzenberg indicated that the original amount recommended at the work session was $25,000 and following discussion the amount was reduced by $10,000, which the City Manager agreed upon. Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1 nay. Motion carried. RESOLUTION NO. 2003-03 RESOLUTION SETTING THE CITY MANAGER' S SPENDING AUTHORITY WHEREAS, the City Charter has previously established purchase and contract spending amounts for the City Manager; and WHEREAS, at the November 5, 2002 General Election the voters approved setting the City Manager spending limit by resolution: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights City Council that the established purchase and contract spending amount be increased to $15,000 for the City Manager of Columbia Heights; and BE IT FURTHER RESOLVED that the City Manager is authorized to purchase merchandise for resale in the liquor operation over and above the $15,000 spending limit; and BE IT FURTHER RESOLVED that this resolution supersedes the amount set in Chapter 6, Section 56. PURCHASES AND CONTRACTS of the City Charter; and BE IT FURTHER RESOLVED that the City Council delegates to the City Manager the authority to pay claims for goods and services that is within the City Manager's spending limit or where the contract for the purchase of goods or services has received prior City Council approval. City Council Minutes January 27, 2003 Page 9 of 13 Bid Considerations 1) Award of Proposal for Utility Rate Study Kevin Hansen, Public Works Director, gave background on the request for proposal sent to nine firms. Seven proposals were submitted Staff's recommendation is SEH. The City Engineer, Assistant City Engineer, and Public Works Superintendent, did the formal review, and the Finance Director did a verbal review. He described the difficult process to evaluate these proposals. Funding would be provided equally from the three utility funds. Wyckoff indicated that a survey would look at rates and infrastructure. Hansen indicated this would include afire-year projection, look at past costs/payments for water and collections, look at improvements projected in our Capital Improvement Program, and determine the rates to provide these services. Nawrocki indicated he would not vote for the proposal, as the cost is twice as much as the low responsive bidder. It is obvious there will be rate increases as Met Council rates to treat sewage go up and that the City of Minneapolis will increase water rates. He indicated the study should include a review of our practices antipersonnel for upkeep. Ericson asked ifa rate study had ever been done. Elrite repfied that in the past staff has done research, but he is not aware of an outside service rate study, or a long-term rate study such as this. Ericson indicated the need to see this as being responsible. By having an outside firm come in and analyze our system and help us come up with a plan, it will help avoid running into problems in the future. Williams agreed with Ericson, and referred to the fantastic filtration plant, which Minneapolis will build in our city. Our water will be 99.999 percent pure. Williams questioned the dollar difference in the proposals, and the difference between the financial and engineering aspects. Hansen referred to the difference in proposed hours and the level of staff working on the project. He described the greater detail offered by SEH, and the greater engineer aspect that we would like to have addressed Kelzenberg referred to the scope and detail of the proposals. His initial reaction was to choose the low bid but following discussion believes the recommended firm is the best. Fehst referred to the cost and water quality of the proposed filtration plant, and felt our water and sewer rates are comparable to other similar size cities. Mark Hinrichs, 4440 Stinson Boulevard asked if the City of Minneapofis pays any property taxes on the Water Works property. Staff indicated they do not. Nawrocki gave the history on the decision to purchase water from Minneapofis and his opinion on several of the firms that submitted proposals. Nawrocki asked the difference in proposed completion dates. Hansen stated SEH proposed 8-10 weeks and TKD was 12-14 weeks. Ericson questioned where the funds would come from. Hansen repfied from the rates that citizen's pay. Fehst stated the cost is relatively small considering fees collected are over $1 million in water fees, $1 million in sewer fees, and $150,000 in sanitary sewer fees. Wyckoff stated that the water in our tap is one of the most important things to our city. She referred to trusting Hansen's choice because of his background and how strongly he believes SEH would do the best job for the City. City Council Minutes January 27, 2003 Page 10 of 13 Motion by Williams, second by Kelzenberg, to accept the proposal from SEH for the Utility Rate Study based upon their proposal dated December 27, 2002, in an amount not-to-exceed $26,000; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Motion to amend by Nawrocki to substitute the proposal for $16,500 to save the City $9,000. No second was received. Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes -1 nay. Motion carried. Other Business 1) Approve Appointments to the Planning and Zoning Commission, the Economic Development Authority, and the Human Services Commission Wyckoff explained available appointments, and thanked Council for taking the time to interview thirteen individuals on a Sunday afternoon. She thanked the residents for applying. Wyckoff indicated that Williams spoke about involving youth on commissions and so would only recommend one appointment to the Planning and Zoning Commission. Motion by Wyckoffto appoint former Mayor Gary Peterson to the Planning and Zoning Commission, Donald Murzyn Jr. to the EDA, and Terry Lee Hoppenrath and Sarah Kogut to the Human Services Commission to the unexpired terms of Steve Johnson from Planning and Zoning and Bob Ruettimann from the EDA. Second by Williams. Nawrocki questioned the length of the unexpired terms to be filled. Fehst stated that the EDA term wouM be a 6year term. Staff will determine the other term lengths. Upon vote: All ayes. Motion carried. Nawrocki questioned if other persons interviewed were interested in serving on the Human Services Commission. Ericson indicated that only two candidates chose that category as their first choice. Wyckoff stated this suggestion could be looked at. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated the February 18, 2003 work session will include Goals and Objectives, updates, feedback, shifting of goals, and discussions on properties such as K-Mart and the First Lutheran Church proposed development. Fehst spoke of budget reductions, possibly reducing a Park and Recreation position to ~ time, and current reductions to the Police Department, Administration Department, and to a ~ time building inspector. He suggested that any request to waive inspection fees on the Minneapolis Water Treatment plant be denied. He has indicated to staff that out of state travel will not be approved with the exception of Kathy Young who is the current President of the Engineers Association to attend their national conference, unless staff wouM pay for their own travel. Fehst spoke of anticipated State funding reductions and the effect this would have on services. Senator Chaudhary and Representative Goodwin will be asked how they can help us when Council meets with them February 3. Nawrocki indicated he has not seen a fist of budget cutbacks and that his attendance at the National League of Cities conference has been cut. The Council has delegated the City to be part of the City Council Minutes January 27, 2003 Page 11 of 13 National League and he has been appointed to the NLC Transportation Policy Steering Committee. He indicated the support gained through networking, along with the projects and funds that have been gained. NawrocM stated that all travel outside of the seven county metro area shouM be eliminated. He felt the Housing Assistant position couM be eliminated and had asked that attorney fees be reviewed. Fehst stated these fees have continued to go down over the last several years. Motion by Nawrocki that no travel or expenses be allowed for travel outside of the seven county metro area. Second by Williams. Fehst stated his support of the National League and Minnesota League of Cities and fisted the agencies that lobby our interests and the importance to keep in contact with them. Fehst indicated his discomfort to allow or disallow any travel for Councilmembers. He has tom staff that national travel wouM be restricted. Ericson stated she couM not support this motion for blanket prohibition, as it is reactionary. We gain from staff's education. Nawrocki indicated that when staff attends conferences their time is being paid, and his is not. It is important to make legislators aware of your needs. Ericson stated her appreciation for all Councilmember Nawrocki has done and the communications he has open. Her approach wouM be to use Council funds for staff to further their professional development. Wyckoff stated she wouM not support this motion, and as Mayor wouM not tell Councilmember Nawrocki not to attend the national conference, but let him choose the value, knowing current budget concerns. Fehst asked for clarification on the city manager's role regarding Councilmembers attending conferences. Nawrocki gave the history on conferences and travet Nawrocki expressed his disappointment on how this was handled. He requested information on "who and when "for every trip taken outside of the metro area Upon vote: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay 1 aye - 4 nays. Motion defeated. Report of the City Attorney Wyckoff questioned the status of Tycoons. dim Hoeft, City Attorney was not aware of any changes. A resident in the audience stated that the building is locked up. CITIZENS FORUM A resident questioned the plans for the two houses on Central Avenue that the City owns. Fehst stated they wouM be removed. The removal of Puerto Fallerta is possible and a developer is considering the entire area. The resident questioned progress at the former K-mart site. Fehst stated that Council wouM be discussing options for this site. Wyckoff stated she wouM like to see this redeveloped and not used as warehouse space. She wouM like to see Snyders expand in Columbia Heights. COUNCIL CORNER Nawrocki · Discussion at the Suburban Rate Authority meeting included utility relocation fees, franchise fees, and Qwest. He was elected chairperson of the SRA for coming year. · Referred to the Green Sheet comment on the Lions Club decision to raise the price of drinks. This is one-half the price of elsewhere and discussed the need to identify fake id's and insurance increases. City Council Minutes January 27, 2003 Page 12 of 13 · Questioned the study being done on Huset Park and asked that the Huset Park Neighborhood Group be involved in the study on an ongoing basis. Ha,sen stated the contract has just been received, and the RFP does include a meeting with this group. · Questioned the response to the Cheery Lane petition regarding snow plowing. Would like a response to this group. Hansen will return a call forwarded by the mayor and inform the residents. · Spoke of the work on Central Avenue and addressing Ms. Coopie's concerns. Hansen stated this wouM be revisited in the spring as part of a punch list of items for the contractor. It was left with an offer to do work on her property and the stoop, to which she has not responded. · Questioned the zoning of 3808 Reservoir and if a business is being run in the yard. Fehstfelt there was an error and the property is not zoned Retail. The business will be explored for legality. · Questioned the status of the burnt home on Gould, and the home on the south side. Fehst stated the insurance company has been a hoM up, and GMHC will tear down the unlivable portion of the other home and fund a portion to make it livable again. Ericson · Referred to values, respect and what a good job the Mayor has done beginning with a positive outlook. Discussed commission appointments and the Mayor's appreciation to residents who offer to serve. She apologized for a comment made by another Councilmember, with the hope that no offense was taken. · Thanked members of the community and staff, who attended the Central Avenue Design meeting and indicated that information would be compiled and added to the City web site. · April 6th there will be a housing fair, sponsored by "Rising to New Heights". Williams · Asked for the February Values First value. Staff will obtain this information. · Referred to available programs, ACCAP, and non-interest bearing grants. · Referred to the Recyclopedia, which has been distributed to residents and its importance. Encouraged residents to call the City if there are garbage issues. To have a first class city, we must respect our neighbors and residents. · Indicated that the Vi Tabb property was sold. · Tri-City Hockey FUN raiser is scheduled for Valentine's night at Murzyn Hall. Fehst receiveda raffle request and asked if Council wouM support the request. Council consensus showed their support. · Pray for the health, peace and prosperity of our City. Kelzenberg Thanked Councilmember Nawrocki for what he has done for our City. Indicated his hope that after this year our financial situation would be better and that Councilmember Nawrocki would again attend the national conference. Concerned that the park program coordinator position be part time only temporarily, because of program benefits to our children. Wyckoff Columbia Heights resident John Gordon will be a guest of the MN Historical Society on Sunday, February 2, 2003. Mr. Gordon is an Olympic Curler. Read from the green sheet regarding the Library's 75th Anniversary, and invited the Mayor and Council to participate in the activities. The Park Commission is upset that Council did not earmark sale proceeds from North Lomianki for parks. Fehst referred to the interest in building a skate park. Nclwrocki indicated funds may be necessary for development of the industrial area, and indicated the funds were for the sale of an industrial site. City Council Minutes January 27, 2003 Page 13 of 13 Nclwrocki referred to reactions he received regarding his comments' about the City Manager at the last City Council meeting. ADJOURNMENT Mayor Wyckoff adjourned the meeting at 10:04 p.m. Patricia Muscovitz, Deputy City Clerk