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HomeMy WebLinkAboutAugust 12, 2002 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. cohtmbia-heights.mn, us ADMINISTRATION August 9, 2002 The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m.. August 12, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Hc Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access t{ employment in, its services, programs, or activities. Upon request, accommodation will be provided to allox~ disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for di~ available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Law, Community Methodist 1. CALL TO ORDER/APPOINT SECRETARY PRO TEM/ROLL CALl, PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the a may be items brought to the attention of the Council under the Citizen Forum or items subm agenda preparation deadline.) PROCLAMATIONS, PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations - none B) Presentations - none C) Introduction of New Employees - none D) Recognition 1) Police and Fire Event Recognition and accept donation of $272.00 CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of l Agenda by one motion. Items removed from consent agenda approval will be taken up as th, business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the July 22, 2002, regular City Council presented. 2) Authorize financial assistance for the 2003 Columbia Heights Historical Society cale~ MOTION: Move to authorize financial assistance to the Columbia Heights Historica their 2003 historical calendar in the amount of $956.00, with funds to be repaid as cal allow. 3) Adopt Resolution No. 2002-51, being a resolution authorizing participation in the Sat Communities Grant Program for 2003 MOTION: Move to waive the reading of Resolution No. 2002-51, there being ample available to the public. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE ProvIsION EQUAl OPPORtUNItY EMPLOYER MaFor Gary L. Peterson Gouneilm,mbers Marlaine Szurek JuHenne Wyckoff Bruce Nawrocki Robert ~l. Williams City Manager Walter R. Fehst Monday, ~'ights, ,, or treatment or 'individuals with abled persons are at 763-706-3611, genda. These [tted after the he Consent next order of eeting as ldar Society for :ndar sales and Sobe~ :opies DF SERVICES City Council Agenda August 12, 2002 Page 2 of 4 MOTION: Move to adopt Resolution No. 2002-51, being a resolution authorizing participation in the Safe and Sober Communities grant program. 4) Approve Transfer of funds from General Fund to Police Department Budget to Reimburse Overtime Fund MOTION: Move to transfer $11,225.98, the total amount received from Unique Thrift Store, Columbia Heights High School, Columbia Heights Recreation Department, Valley View PTA, CHHS All Night Party Committee, and the Palace Bar for off duty security worked, from the General Fund to the Police Department 2002 Budget under line 1020, Police Overtime 5) Authorize Columbia Heights/NEI College of Technology lease agreement for use of west gymnasium from September 1, 2002 through May 31, 2003. MOTION: Move to approve lease agreement with NEI College of Technology for use of West Gymnasium from September 1, 2002 - May 31, 2003 upon terms stated in lease and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 6) Authorize NPDES Phase II Permit: LMC Guide Plan Agreement MOTION: Move to authorize the Mayor and City Manager to sign the Letter of Understanding with the LMC for the NPDES Phase II guide plan development; and furthermore, authorize payment not- to-exceed $5,000 from the Storm Water Utility Fund, 604-49650-3050. 7) Authorize Capital Equipment Replacement: Unit #309 Graco Linelazer III Line Striper MOTION: Move to authorize the Capital Equipment Replacement of Unit #309 with one (1) new Graco Linelazer III 5900, model 232662, 2 gun system complete from Diamond Vogel Paints, Minneapolis, MN in the amount of $4,984 plus sales tax, with fimding from the State Aid Maintenance Fund, 212-43190. 8) Approve Professional Services Agreement with American Engineering Testing for the Central Avenue Improvements MOTION: Move to approve the contract with AET, Inc. in an amount not-to-exceed $27,500 with funding designated from project fund 402-59912-3050, and furthermore; to authorize the Mayor and City Manager to enter into an agreement for the same. 9) Authorize final payment for 2002 Street and Parking Lane Striping MOTION: Move to accept the work for 2002 Street and Parking Lane Striping and to authorize payment of $4,541.34 to AAA Striping Service Company of Rogers, MN. 10) Adopt Resolution No. 2002-49, being a Resolution approving a lot split of the property at 325 Summit Street NE. MOTION: Move to waive the reading of Resolution No. 2002-49, there being ample copies available to the public. MOTION: Move to adopt Resolution 2002-49, being a Resolution approving a lot split of the property at 325 Summit Street NE. 11) Establish hearing date of August 26, 2002 for Revocation or Suspension of a license to operate rental property at 1224-1226 Circle Terrace Blvd., 1231-1233 40th Ave., 5101 7th St. & 3823 Polk St., 3740 2na St., 4536-4538 7th St., 1206-1208 Circle Terrace Blvd., and 4524 Monroe St. City Council Agenda August 12, 2002 Page 3 of 4 MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Salman Ali at 1224-1226 Circle Terrace Blvd NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Talmer Caraway at 1231-1233 40th Avenue NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zschokke at 5101 7t~' St. & 3823 Polk St. NE. MOTION: Move to Establish a Heating Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Lawerence Garner at 3740 2nd Street NE. MOTION: Move to Establish a Heating Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Donald Ferry. at 4536-4538 7th Street NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Jacobs at 1206-1208 Circle Terrace Blvd NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Ruben Cruz at 4524 Monroe Street NE. 12) Adopt Resolution No. 2002-50, being a Resolution adopting the 2003 Business License Fee Schedule as presented MOTION: Move to waive the reading of Resolution No. 2002-50, there being ample copies available to the public. MOTION: Move to adopt Resolution #2002-50 being a Resolution adopting the 2003 Business License Fee Schedule as presented. 13) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for August 12, 2002 as presented. 14) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached check register coveting Check Number 99149 through 99417 in the amount of $3,965,440.77. 6. PUBLIC HEARINGS - none 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business City Council Agenda August 12, 2002 Page 4 of 4 1) Authorization to reinstate Parking on the North side of 37th Avenue from Tyler Street to Hart Boulevard MOTION: Move to accept the petition from the abutting property owners along 37th Avenue requesting the removal of the No Parking Restriction on 37th Avenue from Tyler Street to Hart Boulevard. MOTION: Move to reinstate parking on the north side of 37th Avenue from Tyler Street to Hart Boulevard on a one (1) year interim basis, based on the petition received and a former recommendation (1999) of the Traffic Commission. 2) Accept proposal from BRA for the Huset Park Master Plan MOTION: Move to accept the proposal from BRA for the Huset Park Master Plan based upon their proposal dated June 28th 2002, in an amount not to exceed $19,467, and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. 3) Approve Ballot Language for three Charter Commission Referendum item~ for the Fall, 2002 General Election MOTION: Move to approve the ballot language for the three referendum charter issues as stated in the Council letter. 4) Purchase of property on University Avenue and 53rd Street for a Liquor Store MOTION: Move to authorize the Mayor and City Manager to enter into contingent purchase agreements for the two properties on 53rd and University for the future construction of a new liquor store. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attomey 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Pubhc Library Board of Trustees on July 2, 2002. 2) Meeting of the Housing and Redevelopment Authority on July 16, 2002 3) Meeting of the Telecommunications Commission on July 18, 2002 4) Meeting of the Planning and Zoning Commission on August 6, 2002 5) Meeting of the Charter Commission on July 18, 2002 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER 12. ADJOURNMENT Walt Fehst, City Manager CITY OF COLUMBIA HEIGHTS OFFICIAL MINUTES CITY COUNCIL MEETING JULY 22, 2002 THESE MINUTES HAVE BO'[ BEEN. AP_P_ROVED, Pastor Dave Briley of Oak Hill Baptist Church introduced Pastor Morris Leverty of Ireland, who gave the invocation. CALL TO ORDER The meeting was called to order at 7:08 p.m. by Mayor Gary Peterson. APPOINTMENT OF SECRETARY PRO TEM/ROLL CALL Motion by Councilmember Nawrocki, seconded by Councilmember Szurek, to appoint Carole Blowers as Secretary Pro Tem. Motion passed unanimously. Roll call: Present--Councilmembers Nawrocki, Szurek, Williams, Wyckoff, and Mayor Peterson. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA- None. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations The Mayor read the following proclamation regarding National Night Out: WHERAS: The National Town Watch Association is sponsoring a special coast-to-coast community crime prevention project on the evening of August 6, called "National Night Out," and "Minnesota Communities United Against Crime," and WHERAS: It is important that all citizens of Columbia Heights be aware of the importance of crime prevention programs and the positive impact that their participation can have on reducing crime and drags in our neighborhoods; and WHERAS: "National Night Out" provides an opportunity for Columbia Heights to join together with over 9,700 communities across the country in support of safer neighborhoods and to demonstrate the success of cooperative crime prevention efforts; and WHERAS: Neighborhood spirit and cooperation is the theme of the "National Night Out" project and plays an important role in helping the Columbia Heights Police Department fight the war against crime and drugs in our community. NOW, THEREFORE, I, Gary L. Peterson, Mayor of the City of Columbia Heights, do hereby call upon all the citizens of our community to join the Columbia Heights Police Department in supporting and participating in "National Night Out" on Tuesday, August 6, 2002. FUIiTHER, LET IT BE RESOLVED, that I hereby proclaim Tuesday, August 6, 2002 as "NATIONAL NIGHT OUT" in Columbia Heights. Corporal Paul Bonesteel from the Police D~empartment spoke briefly about National Night Out. Neighborhood parties are being held on August 6 from 6-8:30 p.m. He encouraged residents to contact City Council Minutes July 22, 2002 Page 2 of 15 Karen Olson in the Police Department to register their neighborhood party. Presentations Ran Rittmiller invited the public to the Police/Fire Appreciation Dance, which will be held this Friday, July 26, 2002, at Murzyn Hall. There will be music and snacks provided. This citizen-generated event is being done to show appreciation for our local heroes. Introduction of New Employees There were no new employees to introduce tonight. Recognition The Mayor acknowledged donations to the Columbia Heights fireworks show from Tri-City American Legion, Columbia Heights VFW Post 230, The Kordiak Company, Northeast Bank, First Community Credit Union, and the Columbia Heights Lions Club. The Mayor also acknowledged the donation of lighting to the Murzyn Hall flagpole from the Columbia Heights VFW Post 230. CONSENT AGENDA The City Manager briefly highlighted each consent agenda item for the council. Councilmember Nawrocki asked that the following items be removed from the consent agenda: · The second part of Item 2, establishing Work Session dates · Item 5, establishing employer match to deferred compensation for the Recreation Director · Item 7, authorizing purchase of administrative vehicle. Motion by Councilmember Nawrocki, seconded by Councilmember Wyckoff, and passed unanimously to approve the following Consent Agenda items: Minutes for Approval MOTION: Approve the minutes of the July 8, 2002, regular City Council meeting as presented. Adopt Resolution No. 2002-47 being a Resolution desi~ating elections judges for the 2000 Primary and General Elections MOTION: Waive the reading of Resolution No. 2002-47 there being ample copies available to the public. RESOLUTION 2002-47 BEING A RESOLUTION DESIGNATING ELECTIONS JUDGES FOR THE 2002 PRIMARY AND GENERAL ELECTIONS WHEREAS: There are scheduled elections in the City of Columbia Heights and the State of Minnesota; and WHEREAS: Pursuant to City Charter, Section 30, and M.S.S.204A, the Council shall appoint qualified voters of each election district to be judges of election. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does appoint the attached list of judges, by precinct, for the Primary and General Elections to be held on September City Council Minutes July 22, 2002 Page 3 of 15 10, 2002 and November 5, 2002, respectively, with an hourly remuneration of $9.50 for head judge and $9.00 for an election judge. Passed this 22nd day of July, 2002. 2002 ELECTION JUDGES FOR PRIMARY AND GENERAL Precinct 1-Murzvn Hall, 530 Mill Street HJ Faye Cleasby, Charlotte Zarich, Mona Lundholm, Fran Jensen, Wanda Heining, Darlene Bieljeski, Pauline Pafko, Mildred Peterson, Steve Emme, and Sandy Engquist Precinct 2-NEI College of Technology, 825 41st Avenue HJ Clara Shattuck, Mark Emme, Joann Kewatt, Frances Fleisher, Martin Heining, Steve Iserman, James McBroom, Gerry Mrozka, and Alpha Geslin Precinct 3 -Parkview Villa, 965 40th Avenue HJ Muriel Nichols, Laura Lindahl, Delores Jacobsen, Ruth Hillestad, Charles Helland, Otto Lausten, John Doan, Lorraine Malisheski, Patricia Klimek, and Barb Breen Precinct 4-Highland Elementary School, 1500 49th Avenue HJ Marsha Stroik, Mavis Sibell, Janis Larson, Cliff Pelton, Audrey Olund**, Mabel Jackson, Judy Dettman, Allison Rime, H Jaque Block, Marion Bernard, and Judy Schendel Precinct 5-First Lutheran Church, 1555 40th Avenue HJ Edna Miracle, Mayme Lyons**, Pat Weber, Nancy French, Irene Ricci, Dolores Roman, Richard Meixner, Sharon Ruettimann**, Lorrie Nalezny, and Gloria Helm Precinct 6-Highland Elementary School, 1500 49th Avenue HJ Judy Lee, LaVonne Seim, Barbara Elrod, Delores Marquette, Kay Mayer, Eva Pelton, Betty Doerner, Doris Sunheim, Marion Cellette, and Joanne Nelson Precinct 7-Valley View Elementary School, 800 49th Avenue HJ Kay Handley, Karin Mattson*, Rose Corbett*, Sylvia Weeks, Jeanette LeBlanc, Ann Kronstedt, Joan Fuhrman, William Burgoyne, Gloria Helm, and Bill Balamut Precinct 8-Valley View Elementary School, 800 49th Avenue HJ Pat Jindra, Mary Dowdle, Noranda Anderson, Ken Kronstedt, Ruby Hawkins, Dick Corbett, Margaret (June) Riley, James Davis, Irene Sunt, and Carol White** * Judges who will serve at Crestview Home voting. ** Part Time/On Call MOTION: Adopt Resolution No. 2002-47, being a Resolution designating election judges for the 2002 Primary and General Elections. Offer Long Term Care Insurance at employee expense through payroll deduction MOTION: Offer benefit eligible employees the option of obtaining, at their expense, the Municipal Pool's long-term care insurance through CNA, through payroll deduction. Uity Uouncfl Minutes July 22, 2002 Page 4 of 15 Accept 2002-2003 Federal Law Enforcement Equipment Block Grant MOTION: Accept the 2002-2003 federal law enforcement block grant in the amount of $17,241, with a 10 percent match in the amount of $1,916 to come from unexpended funds in the 2002 Police Department General Budget. Adopt Resolution 2002-44, being a Resolution approving a lot split of the property located at 2120 43rd Avenue NE MOTION: Waive the reading of Resolution 2002-44, there being ample copies available to the public. RESOLUTION NO. 2002-44 SUBDIVISION REQUEST I, Dave Linsk, Hereby request a split of PIN 36 30 24 14 0003 Legally described as: Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota. PIN 36 30 24 14 0002 Legally described as: That part of Lot 1, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, which lies West of a line drawn from a point on the North line thereof distant Sixty-seven and Eighteen hundredths (67.18) feet East of the Northwest comer thereof to a point on the South line thereof distant Twenty-five (25) feet East of the Southwest comer thereof. THE DESCRIPTIONS HENCEFORTH TO BE: That part of Lot 1, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, which lies West of a line drawn from a point on the North line thereof distant Sixty-seven and Eighteen hundredths (67.18) feet East of the Northwest comer thereof to a point on the South line thereof distant Twenty-five (25) feet East of the Southwest comer thereof. TOGETHER WITH: That part of Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, described as follows: Beginning at the Northeast comer of said Lot 2, thence Southerly on the East line a distance of 94.00 feet; thence Westerly and parallel with the North line a distance of 16.00 feet; thence Northeasterly to a point on the North line, distant 7.00 feet westerly of the Northeast comer, thence Easterly to the point of beginning. Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, Except the following: That part of Lot 2, Block 1, Auditor's Subdivision of Walton's Sunny Acres Fourth, Anoka County, Minnesota, described as follows: Beginning at the Northeast comer of said Lot 2, thence Southerly on the East line a distance of 94.00 feet; thence Westerly and parallel with the North line a distance of 16.00 feet; thence Northeasterly to a point on the North line, distant 7.00 feet westerly of the Northeast comer; thence Easterly to the point of beginning. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. City Counctl Minutes July 22, 2002 Page 5 of 15 Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (1) year of the date of the Council action. This 22nd day of July, 2002. MOTION to adopt Resolution 2002-44, a resolution approving a lot split of the property at 2120 43rd Avenue NE. Approve Business License Applications MOTION to approve the items as listed on the business license agenda for July 22, 2002 as presented. 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 98963 through 99148 in the amount of $1,672,666.72. The following items were removed from the consent agenda and were now acted upon: Work Session Meeting Dates for Monday, August 5, 2002 and Monday, August 19, 2002 Councilmember Nawrocki asked what the agenda items will be for the August 5th work session. The City Manager reported the following items would be on the agenda: NPDES LMC Guide Plan Agreement, Public Works equipment replacements, AET Engineering contract for Central Avenue soils and materials testing, NEI contract for rental use of gyms, "Safe and Sober" campaign presentation, reimburse police overtime fund from general fund, and declaration of a hazardous building at 1036 Gould, liquor store discussion, and possible purchase of 4828 5th Street. Councilmember Nawrocki asked what the agenda items would be for the August 19th work session. The City Manager stated that items are not known at this time for that meeting. Councilmember Wyckoff asked if there is a meeting scheduled for July 29th. The City Manager stated that there was not. Motion by Councilmember Szurek, seconded by Councilmember Williams, to establish work session meeting dates for Monday, August 5, 2002, and Monday August 19, 2002, to begin at 7:00 p.m. in City Hall Conference Room 1. Roll call vote: Ayes: Wyckoff, Szurek, Williams, Peterson Nays: Nawrocki. Adopt Resolution No. 2002-45, being a resolution establishing employer match to deferred compensation for Recreation Director Councilmember Nawrocki stated that he was against this motion. He stated that in all fairness, there are other employees, such as the Liquor Operations Manager who is responsible for a 5 million dollar budget, that should also get an increase in their deferred compensation, as well as others such as the Public Works Superintendent. He also stated that this action is in conflict with the bargaining process. Councilmember Wyckoff asked why this issue is being brought up now. The City Manager explained that the auditors brought this to the attention of city staff, as there was not a resolution on file approving this change. MOTION by Councilmember Szurek, seconded by Councilmember Williams, to waive the reading of the resolution, there being ample copies available to the public. Motion passed unanimously. City Council Minutes July 22, 2002 Page 6 of 15 MOTION by Councilmember Szurek, seconded by Councilmember Williams to adopt Resolution 2002-45, being a resolution establishing employer match to deferred compensation for Recreation Director. Roll call vote: Ayes: Wyckoff, Szurek, Williams, Peterson. Nayes: Nawrocki. RESOLUTION NO. 2002-45 RESOLUTION ESTABLISHING EMPLOYER MATCH TO DEFERRED COMPENSATION FOR RECREATION DIRECTOR WHEREAS, the position of Recreation Director reports directly to the City Manager, and WHEREAS, the position of Recreation Director reports information directly to a commission, and is responsible for making recommendations to the City Council, through the City Manager, for Recreation Department activities, and WHEREAS, it is the recommendation of the City Manager that the position of Recreation Director receive the same employer match to deferred compensation as the division heads under the Public Managers' Association. NOW, THEREFORE, be it resolved that the City Council of the City of Columbia Heights hereby establishes the same employer match for deferred compensation for the position of Recreation Director as the division heads under the Public Managers' Association. BE IT FURTHER RESOLVED THAT SUCH MATCH BE EFFECTIVE January, 2002. Passed this 22nd day of July, 2002. Authorization to purchase administrative vehicle Councilmember Nawrocki spoke against this motion, stating the department already has sixteen cars. Councilmember Williams stated this is for the Police Chief's car replacement, as he was involved in a rear end accident recently. MOTION by Councilmember Szurek, seconded by Councilmember Williams to authorize the purchase of one 2002 Ford Taurus from Superior Ford of Plymouth, Minnesota, with funding to come from the insurance payoff on squad 953 in the amount of $6,090 and the remainder from fund 431-42100-5150 in the amount of $9,551.66, including tax; and to authorize the Mayor and City Manager to enter into a contract for same. Roll call vote: Ayes: Szurek, Williams, Wyckoff, Peterson. Nays: Nawrocki. PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 4610-4612 Fillmore Street The Mayor closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Mohsen Dessouki Regarding Rental Property at 4610-4612 Fillmore Street in that the Property Owner has received an extension to complete the work on the outside of the building. City Council Minutes July 22, 2002 Page 7 of 15 Public Hearing called for Revocation/Suspension of Rental Housing License at 46374639 Pierce Street The Mayor closed the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Russell Waletski Regarding Rental Property at 4637-4639 Pierce Street in that the Property Owner has received an extension to complete the work on the outside of the building. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution 2002-48, approving, with conditions, application of AT&T Corporation for Approval of Transfer of Control Steve Guzzetta from the firm of Creighton, Bradley, and Guzzetta, the city's cable attorney, stated that AT & T Corporation has requested transfer of control to AT & T Comcast Corporation. He explained that this matter has been brought before the Telecommunications Commission for their review and approval. Mr. Guzzetta explained that per our agreement (with the conditions) there will be no increase in rates as a result of the transaction, and the city will be reimbursed for legal fees for this transaction. He also stated that the terms of the original agreement with AT & T Corporation do not change. The history of this merger began in December of 2001 when AT & T Corporation entered into an agreement and plan of merger. Under the merger agreement, AT & Broadband Corporation's and Comcast Corporation's respective cable television systems would be combined into a new company incorporated in Pennsylvania as AT & T Comcast Corporation. The proposed transaction requires changes in ultimate ownership and control of the franchise as well as the ultimate parent company. The entity actually holding the cable franchise in the City will not change as a result of the proposed transaction. Ashpaugh and Sculco, CPA's, were asked to analyze the Form 394 and to determine whether AT & T Comcast Corporation possessed the requisite financial, technical, legal, character, and managerial qualifications needed to control the cable franchise held by AT & T Broadband and to determine if the transaction would detrimentally impact services and rates. Their review determined that AT & T Comcast Corporation was not financially qualified to control the local franchise, and the proposed transaction would have a negative impact on the services and rates. AT & T Corporation and Comcast Corporation asked for additional time to provide information to our cable attorneys regarding this transaction. After consideration of additional information by Ashpaugh and Sculco, it was still recommended to deny approval of this merger. At the July 18, 2002, Columbia Heights Telecommunications Commission meeting, members voted (with one member voting against it) to recommend approval (with several conditions) of this transaction. Councilmember Nawrocki stated that he has had discussions with three different cable attorneys from other cities about this transfer of control. He stated that overall, cable companies are in financial trouble; there is no additional equity involved; and the issue of the transfer of existing stock is of concern. Councilmember Nawrocki stated that Ramsey-Washington was discussing this issue the same night as the last Telecom- munications Commission, and he wondered how they voted on this matter. Mr. Guzzetta stated that the resolution in front of the city tonight is virtually the same resolution as approved by Ramsey-Washington. Councilmember Nawrocki wondered what the percentage of the commissions around the country were that were recommending approval of the transfer of control. Mr. Guzzetta stated that he thought Pennsylvania and Ohio have denied the transfer of control. Councilmember Nawrocki stated that that if we don't approve this transfer, we could end up in a lawsuit. He asked for further elaboration on the "conditions". John Gibbs, attorney for AT & T Corporation, was present and available for questions, along with Kathi Donnelly-Cohen. City Council Minutes July 22, 2002 Page 8 of 15 MOTION by Councilmember Williams, seconded by Councilmember Szurek, to waive the reading of Resolution No. 2002-48, there being ample copies available to the public. Motion passed unanimously. RESOLUTION NO. 2002-48 A RESOLUTION GRANTING THE CONSENT OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE AND CABLE TELEVISION SYSTEM FROM AT&T CORPORATION TO AT&T COMCAST CORPORATION WHEREAS, MediaOne of Columbia Heights, Inc., d/b/a AT&T Broadband ("Franchisee") holds a franchise (the "Franchise") to operate a cable television system ("the System") in Columbia Heights, Minnesota pursuant to Chapter 11 of the City Code, as amended (the "Franchise Ordinance") and is an indirect subsidiary of AT&T Corp. ("AT&T"); WHEREAS, after a series of transfers, Franchisee was approved by Columbia Heights, Minnesota ("City") as the Franchise holder, pursuant to prior transfer resolutions (the "Prior Transfer Resolutions"). The Prior Transfer Resolutions, the Franchise, and the Franchise Ordinance, together with any applicable resolutions, codes, ordinances, acceptances, acknowledgments, guarantees, amendments, memoranda of understanding, social contracts and agreements, are collectively referred to as the "Franchise Documents"; and WHEREAS, Franchisee is a wholly-owned subsidiary of AT&T Corp. ("AT&T"); and WHEREAS, AT&T, the ultimate parent corporation of Franchisee, and Comcast Corporation have agreed to combine AT&T's and Comcast Corporation's respective cable television systems in a new company incorporated in Pennsylvania as AT&T Comcast Corporation (the "Proposed Transaction"); and WHEREAS, under the Proposed Transaction, the Franchisee will continue to hold the Franchise and to operate the System, but Franchisee's ultimate parent company will be different and, consequently, the ultimate ownership of the Franchise will change as well; and WHEREAS, AT&T filed a copy of Federal Communications Commission Form 394, together with certain attached materials with the City on March 5, 2002, which materials more fully describe the proposed merger and which form, with its attachments, contains certain promises, representations and warranties by Franchisee, Comcast Corporation and AT&T Comcast Corporation (the "Transfer Application"); and WHEREAS, Franchisee, and Comcast Corporation, through its Comcast Cable Communications, Inc. subsidiary, provided written responses to some of the data requests issued by the City (the "Data Request Response") and WHEREAS, Section 11.103(6)(B) of the Franchise Ordinance requires the City's prior consent to a fundamental corporate change, including a merger or a change in Franchisee's parent corporation; and WHEREAS, the City has reviewed the Transfer Application and considered all applicable and relevant factors; and City Council Minutes July 22, 2002 Page 9 of 15 WHEREAS, in reliance upon the representations made by and on behalf of Franchisee, Comcast Corporation, AT&T and AT&T Comcast Corporation, the City is willing to grant its consent to the Proposed Transaction, so long as those representations are complete and accurate; and WHEREAS, the City's approval of the Proposed Transaction is therefore appropriate if the Franchisee will continue to be responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA AS FOLLOWS: Section 1. The City's consent to, and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise Ordinance, subject to the following conditions: 1.1 Neither the Franchise, nor any control thereof, nor the System, nor any part of the System located in the City's public rights-of-way or on City property, shall be assigned or transferred, in whole or in part, without filing a written application with the City and obtaining the City's prior written approval of such transfer or assignment, but only to the extent required by applicable law. 1.2 The City's approval of the Transfer Application is made without prejudice to, or waiver of, the City's right to fully investigate and consider during any future franchise renewal process: (i) Franchisee's financial, technical, and legal qualifications; (ii) Franchisee's compliance with the Franchise Documents; and (iii) any other lawful, relevant considerations. 1.3 The City's approval of the Transfer Application is made without prejudice to, or waiver of, any right of the City to consider or raise claims based on Franchisee's defaults, any failure to provide reasonable service in light of the community's needs, or any failure to comply with the terms and conditions of the Franchise Documents, or with applicable law. 1.4 The City waives none of its rights with respect to the Franchisee's compliance with the terms, conditions, requirements and obligations set forth in the Franchise Documents and in applicable law. The City's approval of the Transfer Application shall in no way to deemed a representation by City that the Franchisee is in compliance with all of its obligations under the Franchise Documents and applicable law. 1.5 After the Proposed Transaction, Franchisee will be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise Documents and applicable law. The Proposed Transaction will have no effect on these obligations. 1.6 After the Proposed Transaction is consummated, the Franchisee will continue to be responsible for all past acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal to the same extent and in the same manner as before the Proposed Transaction. 1.7 Nothing in this Resolution amends or alters the Franchise Documents or any requirements therein in any way, and all provisions of the Franchise Documents remain in full force and effect and are enforceable in accordance with their terms and with applicable law. City Council Minutes July 22, 2002 Page 10 of 15 1.8 The Proposed Transaction shall not permit Franchisee, or AT&T Comcast Corporation to take any position or exercise any right with respect to the Franchise Documents and the relationship thereby established with the City that could not have been exercised prior to the Proposed Transaction. 1.9 The Franchisee will continue to abide by all terms of the Franchise Documents and applicable law after the Proposed Transaction, and will continue to assume the existing obligations, liabilities and responsibility for all acts and omissions under the Franchise Documents and applicable law, known and unknown, including (but not limited to) all acts and omissions of its predecessors in interest to the same extent as before the Proposed Transaction. 1.10 The City reserves all of its rights with respect to Franchisee's future compliance with the terms, conditions, requirements and obligations set forth in the Franchise Documents. 1.11 The City is not waiving any rights it may have to require franchise fee payments on present and future services delivered by Franchisee via the System. 1.12 The City is not waiving any right it may have related to any open access issue. 1.13 The City's approval of the Proposed Transaction and Transfer Application shall not constitute a waiver or release of any of the rights of the City under the Franchise Documents and applicable law, whether arising before or after the date of consummation of the Proposed Transaction. 1.14 MediaOne Group, Inc., acknowledges that Franchisee will be responsible for performance of the obligations required by the Franchise Ordinance, and MediaOne Group, Inc., further acknowledges its obligations to take no action to prevent Franchisee from fulfilling its aforesaid obligations. 1.15 MediaOne Group, Inc., assures that it will cause to be made available adequate financial resources to allow Franchisee to meet its current obligations under the Franchise Ordinance and enable Franchisee to maintain through 2005 the current operational and customer service levels taken as a whole. 1.16 The Franchisee represents and warrants that the Proposed Transaction and the fact that as a result thereof AT&T Broadband and Comcast Corporation are thereby merged will not result in any increase in subscriber rates; provided, however, that the Franchisee reserves the right to make lawful changes in subscriber rates in the ordinary course of business. Section 2. If any of the conditions or requirements specified in this Resolution are not satisfied, then the City's consent to, and approval of, the Transfer Application and Proposed Transaction is hereby DENIED and void as of the date hereof. Section 3. The Franchisee shall reimburse the City in accordance with prior agreements with the Franchisee. The City will present a single invoice to the Franchisee itemizing the costs and expenses incurred. The Franchisee shall remit payment for such costs and expenses within thirty (30) days of its receipt of the invoice. Such payment shall be made directly to the City, and not through payment to any other entity. The Franchisee shall not assert its right to claim that the reimbursement made under this Resolution shall be considered a franchise fee. City Council Minutes July 22, 2002 Page 11 of 15 Section 4. If any of the oral or written representations made to the City by (i) the Franchisee, (ii) Comcast Corporation (iii) AT&T Comcast Corporation or (iv) any subsidiary or representative of the foregoing prove to be materially incomplete, untrue or inaccurate in any respect, it shall be deemed a material breach of the Franchise Documents and applicable law, including, without limitation, revocation or termination of the Franchise. Section 5. This Resolution shall not be construed to grant or imply the City Council's consent to any other transfer or assignment of the Franchise or any other transaction that may require the City's consent under the Franchise Ordinance, or applicable law. The City reserves all its rights with regard to any such transactions. Section 6. This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S.C.§ 537. Section 7. The transfer of control of the Franchise from AT&T to AT&T Comcast Corporation shall not take effect until the consummation of the Proposed Transaction. Section 8. This Resolution shall be effectively immediately upon its adoption of the City. Adopted by the Columbia Heights City Council this 22nd day of July, 2002. Passed this 22nd day of July, 2002. MOTION by Councilmember Williams, seconded by Councilmember Szurek, to adopt Resolution No. 2002-48, a Resolution granting the consent of the City of Columbia Heights, Minnesota, to the Transfer of Control of the Cable Television Franchise and Cable Television System from AT&T Corporation to AT & T Comcast Corporation. Motion passed unanimously. There were no bid considerations. OTHER BUSINESS Financial Analysis Professional Services Contract At the City Council meeting of June 24th, staff proposed entering into a financial analysis contract with Springsted for review of the city's proposal to purchase property to relocate the City's liquor store(s). Per the request of Councilmcmber Nawrocki, an alternate bid was sought on this proposal. Tonight, the council has the option to choose between the bid from Ehlers and Associates or Springsted. Finance Director, Bill Elrite, explained that both companies are well qualified and would provide good service to the city. Ehlers and Associates' proposal goes beyond the bid from Springsted, as it covers the evaluation of both the relocation of the Central Avenue and University Avenue stores. Ehlcrs plans to complete thc work in four to six weeks vs. Springsted's plan to complete the work is 8-10 weeks. Ehlers' proposal range is from $3,500 to $7,500, with an allowance of $3,500 credit to the initial analysis if we utilize them for issuance of debt service. Councilmember Szurek stated our staff is not qualified to do this evaluation. Councilmember Nawrocki stated it was good to get another bid, so we can compare/contrast them. He stated he is not in favor of building new stores. Mayor Peterson stated that $3,500-$7,500 is a small price to pay for this important evaluation to be done. MOTION by Councilmember Szurek, seconded by Councilmember Williams to authorize the Mayor and City Manager to enter into an agreement with Ehlers and Associates based on their proposal to evaluate the City's plan to relocate the City's liquor stores on Central and University Avenues. Roll call vote: Ayes: Szurek, Williams, Peterson. Nays: Nawrocki, Wyckoff. City Council Minutes July 22, 2002 Page 12 of 15 Purchase of Property_ for Central Avenue Liquor Store In September of 2001, the city entered into an agreement with TGS Partnership to research and locate possible properties for a new liquor store location on Central Avenue and University Avenue. In reviewing results of their search, the only real feasible altemative is on Central Avenue (Savers's building). It was explained that by making a contingency offer for the Hollywood Video/Savers Central Avenue property, it would give the city up to 90 days to decide. With the contingencies included, the city could withdraw at any point during the contingency timeframe. The current liquor store location on Central Avenue has about a two-plus year lease left. Lee Stauch, 1155 Kyber Lane, spoke against the purchase of this property. He stated that the city is getting the most revenue from the University Avenue store. Mr. Stauch stated that he did not feel that taxpayers would vote for the 49th and Central Avenue location, as it is so close to the schools. The city would need to raise taxes to pay for a new building/location. As we are in a recession, he stated the city needs to look at how financially burdensome this purchase could be. He figured that $350,00 in principal and interest would be needed to pay for a new building for twenty years. Mr. Stauch reported on some financial information he had obtained from the city about the revenues of the past five years. Both the University and Central Avenue stores have been quite profitable. Mr. Elrite, Finance Director, stated that the bond debt service payment for principal and interest for the new proposed Central Avenue property is less than we pay for rent and taxes now at the current Central Avenue location. It was also stated that MGM Liquor is going into the Hilltop strip mall on Central Avenue. Teresa Sposito, 1015 Peters Place, stated she felt that it was an inappropriate place for a liquor store on Central Avenue and 49th Avenue N.E. because of the closeness to the schools. Diane Egli, 1036 Gould Avenue N.E., also stated she felt it was a poor location and didn't want to see Savers pushed out of that location. The Finance Director was asked how many times the liquor stores have been sued and how this situation is covered. The Finance Director stated that once 10-15 years ago, there was a case of the sale of liquor to an intoxicated person that was later dropped. Mr. Elrite stated the city has dram insurance for these types of claims. Larry Scott, Liquor Operations Manager, was available for questions and comments. He stated that he is proud of the municipal liquor stores and how they operate. He reiterated some of the policies that are in effect: minors are not allowed in municipal liquor stores unless they are accompanied by a parent or guardian; no consumption is allowed on premises; and that carding is done on anyone 30 years old or less and if someone is underage, they are asked to leave. Mr. Scott further stated that his employees take special training, and they do not sell to persons who appear under the influence of alcohol or mind-altering substances. Deb Johnson, 4638 Pierce Street, inquired how an intoxicated person in the store is handled. When asked if the city would do any landscaping around the building if purchased, Mr. Scott stated fencing and/or shrubs could be installed to shield the property. It was questioned why the city would want to get rid of Savers. The question was asked if the city has an ordinance on the books that states that a liquor store must be in excess of so many feet of a public school. The City Manager stated he believed it was 300 feet from door to door. It was also questioned if liquor stores had to be a particular number of feet away from a residential area zoned R- 1. It was explained that if the City Council is not receptive to the results and evaluation of the financial feasibility of this location, we can withdraw from the contingent offer and get our promissory note back. City Council Minutes July 22, 2002 Page 13 of 15 The list of contingencies for the offer for the Central Avenue property were read for the public by Council- member Nawrocki. They are: 1. Acceptance by Savers to give up 4,000 square feet to allow retail and storage space for liquor store of 12,000 feet. 2. Acceptance by Hollywood Video to find space elsewhere or to move into a new building to be erected on the comer pad space at 49th and Central. 3. Up to a 90 day window to satisfy the above contingencies. 4. The evaluation of leases, relocation costs, and other information provided by owner will result in a project that is financially feasible for the City of Columbia Heights. MOTION by Councilmember Szurek, seconded by Councilmember Williams, to authorize the Mayor and City Manager to enter into a contingency offer for the Central Avenue property based on the contingencies listed on the attached document. Roll call vote: Ayes: Szurek, Williams, Peterson. Nays: Nawrocki, Wyckoff. Motion passed. Request for preliminary_ and final plat approval of Parkside Village, a 25 unit owner-occupied townhomc subdivision on 51 st Avenue. City Planner Tim Johnson stated that in 1998, a senior housing facility for this site was proposed, but the project never evolved. At this time, the owner, Bruce Nedegaard, is proposing to build a 25 unit owner-occupied townhome subdivision on 2.4 acres, split off from the St. Timothy's Lutheran Church property. The church recently decided to sell the property to Bruce Nedegaard for townhome development. Mr. Johnson reviewed details of the plans for Parkside Village, covering such items as pathways, additional visitor parking added, parking space available in driveways, garage space for each unit, overflow parking on 51 st Avenue, park dedication, and estimate of improvements. Park dedication fees will be used to improve Sullivan Lake. Mr. Johnson also stated the project meets zoning and comprehensive plan requirements. With Sullivan Lake and trails nearby, it is a very desirable location for this project. The Planning and Zoning Commission reviewed the proposal on July 9, 2002, and recommends council approval of the preliminary and final plat subject to certain conditions. One of the conditions is that the developer will be required to make a connection on the north side of the development to the Medtronic walking pathway that connects to the Sullivan Lake pathway. Councilmember Nawrocki asked the Public Works Director, Kevin Hansen, whether or not the revised plans as presented this evening covered all public works requirements. Mr. Hansen stated that they did. It was also questioned who will maintain the fences along the park and north side of the property, and who will be responsible for the streets, storm sewer (privately owned), and water/sanitary sewer development (publicly owned). Councilmember Nawrocki still felt more parking needed to be available. Reference was made to the Sullivan Shores unit and parking layout. The architect (John Feges, ESG Architects) was present and had an architect's rendering of the project available to show the council. MOTION by Councilmember Williams, seconded by Councilmember Szurek, to approve the preliminary and final plat for Parkside Village, as the proposal is consistent with the City Subdivision Ordinance, and is consistent with the City Comprehensive Plan. Motion passed unanimously. MOTION by Councilmember Williams, seconded by Councilmember Szurek, to approve the preliminary and final plat for Parkside Village, and all that identified on the plat submitted at 825 51 st Avenue NE, subject to the following conditions: c~ty Council Minutes July 22, 2002 Page 14 of 15 1) City Engineer review and approval of Final Plat, and any changes deemed necessary. 2) Park dedication fees of $750.00 per unit, and that such fees be used to improve Sullivan Lake Park. 3) Fire Department review and approval of Final Plat, and any changes deemed necessary. 4) Development Agreement defining requirements and responsibilities of City and Developer. 5) Developer required to make a trail connection to the Medtronic and Sullivan Lake pathways. Motion passed unanimously. ADMINISTRATIVE REPORTS The City Manager reported the upcoming work session items earlier in this meeting. The public was again invited to the Police/Fire Appreciation Dance on July 26, 2002, at Murzyn Hall from 7:30-10 p.m. The City Attorney had nothing to report. GENERAL COUNCIL COMMUNICATIONS The minutes of the following boards/commissions were received: the July 9th Planning and Zoning Commission meeting; the June 18th Economic Development Authority meeting; the May 23rd Charter Commission special meeting; and the April 16th Housing and Redevelopment Authority meeting. CITIZENS FORUM At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Diane Egli, 1036 Gould Avenue N.E., spoke about a problem she is having with a neighbor planting vegetable plants on her property and also wanting to take her handicapped permit fi.om her. The City Manager was instructed to provide the phone number for Mediation Services for Ms. Egli. The Mayor suggested she contact them for assistance in resolving this problem with her neighbor. Diana Ame, a Top Valu Liquor Store employee, spoke about the responsible and trained staff at the municipal liquor stores. Teresa Sposito, 1015 Peters Place, stated the neighboring apartment building next to her either needs additional dumpsters for garbage or an additional pick up. She had pictures for the council to view. Motion by Councilmember Nawrocki, seconded by Councilmember Wyckoffthat the City Manager be directed to review this situation, take corrective action, advise the resident, and report back to the City Council. Motion passed unanimously. COUNCIL CORNER Councilmember Nawrocki: expressed approval of the Police Department's actions at Murzyn Hall in the early hours of Saturday morning during a wedding reception. asked if the water at Sullivan Lake should be aerated; item to be referred to the Park and Recreation Commission. · noticed signs were taken down around Sullivan Lake (5 lSt-53rd) that no bikes are allowed; item to be referred to the Park and Recreation Commission. · asked if letters were sent to all property owners that were affected by the emergency ordinance passed at the last council meeting. City Council Minutes July 22, 2002 Page 15 of 15 · stated that the list of candidates who filed for office was not in the green sheet or on cable and requested that information. Linda Magee had that information with her and informed Councilmember Nawrocki of the names of the candidates. requested that agendas for all boards/commissions be placed on cable. requested that the list of candidates for office be placed on cable TV. stated, "Practice what you preach". Councilmember Wyckoff: · reiterated the statements of Councilmember Nawrocki that the Police Department did a great job at Murzyn Hall this past weekend. · stated she had attended a Three Rivers Project meeting at the Salvation Army Camp. She reported the camp will be there until September of this year or later. She talked about the Indian mounds from the 1800's located in the camp. · reported the Columbia Heights Historical Society will be meeting at 7 p.m. Thursday at the Library. Councilmember Szurek: · stated that a talk show was giving a different account of what exactly had happened at Murzyn Hall over the weekend, and that after reading the police reports, she wanted to express praise for the Police Department and their actions. · stated she is excited about the 51 st Avenue Project going ahead. Councilmember Williams: · expressed approval of the housing project just approved for 51 st Avenue. · stated, "Not all those who wander are looking behind the cloud--the sun is still shining." · stated, "It takes all sorts to make a world." Mayor Peterson: · expressed support to the Police Chief and Police Captain and the City Manager for the manner in which things were handled at Murzyn Hall over the weekend. He noted that Channel 5 changed their original reporting of the incident after they received and read the police reports. · urged residents to attend the Police/Fire Recognition Event on Friday, July 26th at Murzyn Hall. · Stated, "Don't take ourselves seriously; enjoy life; do a random act of kindness; and love your neighbor." ADJOURNMENT The meeting adjourned at 10:14 p.m. Q-~role J. Blo~s~ Secretary Pro Tern COLUMBIA HEIGHTS - CITY COUNCIL I,ETTER Meeting of: August 12, 2002 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS NO: 5 - A - ~ CITY MANAGER APPROVAl_/ . / NO: DATE: August 7, 2002 DA'i'E: Background: Katherine Vesley, President of the Columbia Heights Historical Society, has requested an up front loan fi-om the City to help defray the printing costs for calendars with historical data and pictures of Columbia Heights. (See attached samples) The calendars would sell for approximately $6.00 and funds would be repaid to the City if and when all calendars are sold, or at some point in the future. The immediate request would be for $956.00 and hopefully be repaid in a short period of time. Recommendation: Direct staff to work with the Historical Society to complete this calendar, with appropriate dates, and loan money needed to print copies of a 2003 calendar. Recommended Motion: Move to authorize financial assistance to the Columbia Heights Historical Society for their 2003 historical calendar in the amount of $956.00, with funds to be repaid as calendar sales allow. COUNCIL ACTION: Columbia Heights Historical Society C/O Columbia Heights Public Library 820 40th AVE NE Culumbia Heights MN (763) 706-3690 55421-2996 Board of Directors: Directors: Catherine Vesley President Julienne Wyckoff Vice Pres Gall Olaon Secretary JoAnne Student Treasurer Becky Loader Library Liaison Harold Netkow Bob Buboltz Delores Strand Melanle Anton Patricla Sowada July 29,2002 Columbia Heights City Council City Hall. Columbia Heights,MN 55421 Dear Councilmembers & City Manager, The Columbia Heights Historical Society would like to put together a Calendar for the coming year featuring Historic Photos of the Heights. it would be patterned after the Anoka example and include the schedule of meetings/activities for the Society, City Hall, the Schools and the Community; as well as pertinent phone numbers etc ...... I have enclosed a cost estimate from IPC printing for 1,500 Calendars. We have a limited bank account so a $3000 + project is out of the question. We could afford to do a printing of 500 if the City would be willing to pick up half of the cost. The Historical Soc has 96 members and those who renew their membership would receive a calendar. The rest could be sold at $6 each (the Anoka Co Hist $oc wants some) and the money returned to the City. Anything over & above the City investment would go to the Historical Soc Treas. This is a trial project, so we have no information on demand for the Calendar, though our City Manager did say that some places print one instead of a newsletter issue, and the investment for the city is very small ($956). ! hope this is reasonably clear, and we would appreciate any help or advice you Catherin~"Vesley 763-574-1707 -C~~ 1 Julienne Wycoff Columbia Heights Historical Society 5192 Central Avenue N.E. Columbia Heights, MN 55421 763-574-1231 FAX: 763-574-1252 Estimate E#661 7/26/02 1,500 Please remit to all payments to: P.O. Box 18310 Minneapolis, MN 55418 Calendar, 11 x 17 Colors 60~ Parchment Text, 7 originals, printed 1 color front in Brown PMS ink 3,381.45 I color back in Brown PMS ink ~ 4:00 Typeset (Time) Pms match 10,500 Fold 11x17 Hand gather Saddle stitch Sales Rep: Taken by: Wanted: Wed 7/31 Calendar This estimate is based on information received by IPC Printing, and is subject to revision upon receipt of the actual job. Customer will be notified of additional charges before work is started. Charges for corrections or customer alterations will be added to the estimate. SUBTOTAL TOTAL AMOUNT DUE All invoices are due upon receipt. Past due invoices will be charged a finance charge of 1.5% per month. (18% annually) 3,381.45 3,381.45 3,381.45 lee 8 CITY COUNCIL LETTER ~vxw~un~ AGENDA SECTION: Consent NO.~/~ _ ~ O~G~AT~G DEPT. C~ ~AGER POLICE ITEM: Resolution authorizing participation in the BY: Thomas M. Johns~ NO Safe ~d Sober Co--unities Grant Pro.am DATE August 6, 20~ DATE: for 2003 BACKGROUND The Columbia Heights Police Department has been invited by Minnesota Safe and Sober to join the Coon Rapids Police Department, Anoka Police Department, and Ramscy Police Department to apply for the 2003 Safe and Sober grant. This grant allows thc departments involved to place additional officers on the streets of our cities in four-hour increments in order to detect, deter, and cite for moving traffic violations in our city. Emphasis is placed on seat belt use, which wc know saves lives, and arresting impaired drivers. ANALYSIS/CONCLUSION The Columbia Heights Police Department has trained our personnel to the level required by the Safe and Sober program in order to participate in this program. Wc have researched the program and wc have obtained a commitment from our officers that they will make themselves available to participate in this program by signing up for overtime shifts during their offduty times. The Columbia Heights Police Department believes that this program will benefit our city and its citizens. RECOMMENDED MOTION: Move to waive the reading of Resolution #2002-51, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution #2002-51 authorizing participation in the Safe and Sober Communities grant program. TMJ:mld 02-136 COUNCIL ACTION: RESOLUTION NO. 2002-51 RESOLUTION AUTHORIZING PARTICIPATION IN THE SAFE AND SOBER COMMUNITIES GRANT PROGRAM WHEREAS, the mission of the Columbia Heights Police Department is to ensure the safety and security of the community. In fulfilling this mission, the Police Department engages in numerous activities including traffic safety education and enforcement; and WHEREAS, the State of Minnesota, Minnesota Department of Public Safety, Office of Traffic Safety recognizes the importance of traffic safety education and enforcement and has developed a grant program called SAFE & SOBER COMMUNITIES to encourage and supplement such efforts; and WHEREAS, the Columbia Heights Police Department wishes to participate with other Anoka County law enforcement agencies in the current SAFE & SOBER COMMUNITIES grant program which will mn from October 1, 2002, through September 30, 2003. NOW, THEREFORE BE IT RESOLVED that the Chief of Police of the Columbia Heights Police Department or his designee is hereby authorized to exercise such agreements and amendments as are necessary to implement the SAFE & SOBER COMMUNITIES project on behalf of the City of Columbia Heights and the Columbia Heights Police Department. Passed this ~ day of 2002. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meetin ffAu[ust 12, 2002 AGENDA SECTION: Consent A NO. 5-' [-( ORIGINATINGpoLicEDEPARTMENT CITY MANAGER APPROVAL:~, / / ITEM: Transfer ofFunds from General Fund to eolice BY: ThomasM. Johnson ~\ BY: ~f/,~'~ NO. Dept. Budget to Reimburse Overtime Fund DATE: August 7, 2002 C~.~t~ DATE: BACKGROUND: During the past four months, the Police Department has been involved in off duty employment details that are handled through the department. These details were for security at unique Thrift Store, Columbia Heights High School events, Columbia Heights Recreation Department events, Valley View Elementary PTA, Columbia Heights High School All Night Party Committee, K-Mart closing security, and parking lot surveillance of the Palace Bar. Since this type of off duty employment is handled through the department, officers have signed up and worked these details since March 1, 2002. We have received checks from the following entities: Unique Thrift in the amount of $8,519.98, Columbia Heights High School in the amount of $1,190, Columbia Heights Recreation Department in the amount of $150, Palace Bar in the amount of $800, Valley View Elementary PTA in the amount of $130, Columbia Heights All Night Party Committee in the amount of $156, and K-Mart closing in the amount of $280. According to the City Finance Director, this money is considered revenue and must be placed in the City General Fund. ANALYSIS/CONCLUSION The Police Department is requesting the City Council pass a motion requiring the $11,225.98 received fi:om Unique Thrift, Columbia Heights High School, Columbia Heights Recreation Department, Valley View PTA, CHHS All Night Party Committee, and the Palace Bar to cover the cost ofoffduty officers working security at these locations be returned to the 2002 Police Department budget line 1020. RECOMMENDED MOTION: Move to transfer $11,225.98, the total amount received fi:om Unique Thrift Store, Columbia Heights High School, Columbia Heights Recreation Department, Valley View PTA, CHHS All Night Party Committee, and the Palace Bar for off duty security worked, from the General Fund to the Police Department 2002 budget under line 1020, Police Overtime. TMJ:mld 02-139 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: August 12, 2002 -- ORIGINATiNG DEPT.' CITY MANAGER AGENDA SECTION: Consent ~ A -~" Recreation APPROVAL NO: ITEM: Staff seek authorization to accept City of BY: Keith Windschitl '~ BY:j// Columbia Heights/NEI College of Technology Recreation Director lease agreement for use of west gymnasium from September 1, 2002 through May 31, 2003. DATE: July 31, 2002 NO: BACKGROUND: Recreation staff is seeking authorization to accept the City of Columbia Heights / NEI College of Technology lease agreement for use of the west gymnasium Mondays through Thursdays from 6:00p.m. - 10:00p.m. from September 1, 2002 through May 31, 2003. The facility will be used for both youth and adult basketball, volleyball and other similar activities suitable to a gymnasium. The lease will remain constant compared to the 2000- 2002 lease agreement. Attached is a copy of the prospective lease agreement dated September 1, 2002 through May 31, 2003 and a copy of an approved agreement dated September 1, 2000 through May 31, 2002. Also attached is a letter dated September 19, 2001 from Harry Wilcox regarding the cost increases due to utility cost increases. There are several minor changes in the new lease. NEI is now requiring us to provide more supervision. They also will no longer allow usage of the East (small) Gymnasium due to their safety and liability concerns. The cost of the West Gymnasium is the same as it was last year. The cost for gymnasium usage in the past two years has averaged approximately $2800 per year. The City Attorney has reviewed the new contract and finds it to be satisfactory. It should be noted that the Recreation Department will try to keep the usage of the NEI Gymnasium to a minimum due to the high cost. This, in turn, means that our traveling teams will be forced to use the less than adequately sized school gymnasiums. RECOMMENDED MOTION: Move to approve lease agreement with NEI College of Technology for use of West Gymnasium from September 1, 2002 - May 31, 2003 upon terms stated in lease and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: July 1, 2002 City of Columbia Heights 590 40th Ave. NE. Columbia Hts. Mn. 55421 Attn: Keith Windschitl Dear Keith; Enclosed you will find the new lease as we discussed. The changes are as follows: 1. Paragraph 1&2 substitutes large gymnasium. 2. Paragraph 4 deletes hot and cold running water. 3. Paragraph 8 defines supervision and entrance/exit to the building in detail. 4. Paragraph 13 increased limits of Liability. 5. Paragraph 18 refers back to Paragraph 2. My hope is that the Mayor and Council will review and sign the agreement at the next council meeting. If I can be of any further help to you please feel free to contact me. Respectfully Yours Harry R. Willcox Facilities Mgr. NEI College of Technology 825 41st Ave NE Columbia Hts. MN 55421 763-782-7340 CITY OF COLUMBIA HEIGHTSfNEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT LF::AR~ AGRFFMFNT CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY This lease agreement, made in duplicate this 1" day of July 2002 by and between NEI COLLEGE OF TECHNOLOGY, hereinafter referred to as "Lessor", and CITY OF COLUMBIA HEIGHTS, hereinafter referred to as 'q'enant" or as "Lessee", for the benefit of the Columbia Heights Parks and Recreation Commission. Witnesseth: That the Lessor in consideration of the rents and covenants hereinafter mentioned, to be paid and performed by the Tenant, does hereby demise, lease, and let unto the Tenant, and the Tenant does hereby hire and take from the Lessor, the premises described herein situated in the City of Columbia Heights, County of Anoka, State of Minnesota. 1. Description of Premises The leased premises consists of both the large and small gymnasiums located in the building known as NE! COLLEGE OF TECHNOLOGY, located at 825 - 41st Avenue Northeast, Columbia Heights, Anoka County, Minnesota. The large gymnasium is located on the west side of the building. 2. Time.~ and Dates of Rental The aforementioned large gymnasium is leased by Lessor to the Tenant Mondays through Thursdays from 6:00 p.m. to 10:00 p.m. from September 1, 2002, through May 31, 2003. 3. Nature of Occupancy Tenant shall use the facilities for basketball, volleyball, and similar athletic activities suitable to a gymnasium. 4. R~-spnn~ihilitie.~ of Lessor Lessor shall provide adequate heating, lighting, so that the leased premises may be used by Tenant for its intended purpose. Lessor shall permit Tenant to use the basket, ball baskets, scoreboards, and volleyball standards now in place on the premises. Lessor shall provide routine maintenance and cleaning services for the gymnasium. 5. Tennnt'~ Fquipment ReSpnnsihilitie.~ Tenant shall provide all equipment of every kind needed for its use of the gymnasium except for those items for which lessor is responsible pursuant to paragraph 4 above. 6. Tenant's Iltilitie.~ Re~.nonsihilitie.~ Tenant agrees to reimburse the Lessor, on a pass through cost basis, for Lessor's out of pocket utility expenses monthly. The CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT cost is as follows: The West Gym $19.05 per hour. These charges will be reviewed yearly. The base year for the utility expenses is 1994/95. Any increases above the base year will be passed on. 7. Tenant's Gym Flnor Rn~pc)n~ihilitin.~ Tenant acknowledges that they are the primary user of the Gyms. Accordingly the Tenant will be responsible for sharing the cost of resurfacing the wooden gym floors with the Lessor and the other primary user of the gyms, Columbia Heights School District 13. The Tenant and Columbia Heights School District 13 shall share in the cost of the resurfacing supplies (i.e., polyurethane) on a pro rata basis, and the Lessor shall provide the labor and equipment to perform the resurfacing. 8. Supe, z:y.j,s.~ Tenant covenants that it will provide adequate adult supervision of all activities at all times it is leasing the leased premises and they will enter and exit thru the Main Entrance on the South East end of the Building. Participants will have use of the West Gym and bathrooms on the West end of the building on the Second Floor only. They must confine themselves to that area. Tenant covenants that Adult Supervision will arrive 10 minutes before participants. Tenant covenants that said supervisors will display proper Identification and a verifiable roster of participants. 9. Tnnant'~ RP-.~ponsihility fnr Dnmag~ Tenants shall be responsible for the costs of repair of any damages occurring to the gymnasiums and lockers during its leasing of the same, excepting normal wear and tear. Tenant shall promptly notify Lessor of any damage that occurs during Tenant's use of the leased premises. Lessor shall promptly notify Tenant of any damage which Lessor observes and which occurred during the use of the leased premises by Te,nant Lessor shall repair such damage and bill the cost of said repair to Tenant, who shall promptly pay the same. Tenant further covenants and agrees not to waste or misuse water, electricity, or any other utility which is or may be furnished by Lessor. 10. Cnmplinnc~. with lnws Tenant covenants that it will not use said leased premises or permit the same or any part thereof to be used for any purpose or in any way contrary to the laws, ordinances, or regulations of the United States of America, the State of Minnesota, or the City of Columbia Heights, or of any boards or officers of CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT said city. 11. Condition of Premise.~ Tenant acknowledges the receipt of the demised premises and the same to be in good and sanitary condition, and in good repair, and the taking of possession of the demised premises by the Tenant shall be conclusive evidence that the demised premises and all equipment, plumbing fixtures, and other items appurtenant thereto, were in good clean and tenantable condition and in ali respects were satisfactory and acceptable to Tenant, at the time Tenant took possession of the lease premises. 12. ~ Tenant agrees not to sublease the demised premises, or any part thereof, or assign this lease or any interest therein, or permit any such lease to become transferred by operation of law or otherwise, and Tenant agrees that no act or acts will be done or permitted whereby the same may be or become sublet or assigned in whole or in part, unless the written consent of the Lessor endorsed thereon is first obtained in each and every case of subletting or assignment. The Lessor shall have sole and absolute discretion to refuse or approve any particular subletting or assignment. 13. Liability of I es~or and Tenant Tenant agrees that the Lessors shall not be liable for any damage, either to persons or to property or the loss of property sustained by the Tenant or by any other person, arising out of the state of repair of or a defect in the leased premises, or due to any accident, or due to the actions or negligence of the Tenant. Tenant covenants that it will purchase at its own expense general liability insurance in the amount of at least $500,000.00 per person and $1,000,000.00 per occurrence, which insurance will cover any person or persons in or on or using the leased premises during the time the leased premises are used by Tenant. Said policy shall name NEI College of Technology as an additional insured under said policy. A copy of said policy containing the endorsement will be provided to NEI College of Technology prior to the commencement of Tenant's use of the lease premises. 14. Notice Any notice from Lessor to the Tenant will be served on the Tenant by mail as follows: City of Columbia Heights CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT 590 - 40th Avenue N.E. Columbia Heights, MN 55421 with a copy to: Attn: Jim Hoeft Barna, Guzy, & Steffen LTD 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Mpis., MN 55433 Any notice from the Tenant to the Lessor shall be served on Lessor by mail as follows: NEI College of Technology 825 - 41st Avenue N.E. Columbia Heights, MN 55421 with at copy to: Jerrod F. Bergfalk, Esq. Lindquist & Vennum 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 15. Fire It is further agreed between Lessor and the Tenant that if during the term of the lease the leased premises shall be damaged or destroyed by fire or the elements, or through any other cause, so as to render the leased premises unfit for Tenant's use of the leased premises as stated herein, or to such an extent that the premises cannot be repaired with reasonable diligence within thirty days from the occurrence of such damage, then the Lessor may terminate this lease and the Tenant shall immediately surrender the demised premises and ali interest therein to the Lessor. If, however, the leased premises is not rendered unfit for use by the Tenant for its activities as a result of said damages, then the Lessor shall repair the same with reasonable promptness. 16. Quiet Fnjoymeot The lessor agrees and covenants that the Tenant shall and may peaceably and quietly have, hold and enjoy said leased premises for the term of this lease as set forth herein. 17. Right of Reentry. Lessor and Tenant agree that this lease is made upon CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT the condition that if the Tenant shall neglect or fail to keep, observe, and perform any of the covenants and agreements contained in this lease which it is obligated to keep, observe, or perform, or if the leasehold interest of the Tenant shall be taken on execution or other process of law, or if the Tenant shall cease to exist as a legal entity, or if the Tenant shall vacate said premises or abandon the same during the term of this lease, then and in any of said cases the Lessor may at its election, and upon written notice to the Tenant, declare this lease forfeited and void, and may thereupon reenter and take full and absolute possession of said premises as the owner thereof, free from any right or claim of the Tenant or any person or persons claiming through or under the Tenant; and such reentry shall be and constitute an absolute bar to any right by the Tenant. 18. Acces~ ti3 Premi.~.S Tenant shall have access to the premises at hours, pursuant to paragraph 2 above, necessary for it to carry on its occupancy thereof. The Lessor shall designate the entrances, stairways, and halls of the building in which the leased premises are located which Tenant shall use in entering and leaving the leased premises. The use of such entrances, stairways, and halls shall not be exclusive, nor shall it be unreasonable in nature. 19. Right nf Inspectinq The Lessor shall at all times have the right to enter upon the leased premises to inspect their condition and, at its election, to make reasonable necessary repairs thereon for the protection and preservation thereof. 20. Rent As and for rent for the premises, Tenant shall pay to Lessor the sum of $1.00 on or before July 1. 21. Use of Gymnasiums After May 31, 2003. This lease terminates unconditionally and absolutely ,as of the end of May 31, 2003. However conditions permitting, Lessor expresses its willingness to negotiate with Tenant upon the termination of this lease, for a new lease of the premises for the period from September 1, 2003 to May 31, 2004. CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT IN TESTIMONY WHEREOF, Lessor and Tenant have hereunto set their hands the day and year first above wri~en. NEI COLLEGE OF TECHNOLOGY, Lessor CITY OF COLUMBIA HEIGHTS, Tenant By By Charles R. Dettmann President Gary Peterson Mayor By, Jerrold F. Bergfalk Secretary By Walt Fehst City Manager By¸ Approved as to form City Attorney NEI COLLEGE OF TECHNOLOGY CITY OF COLUMBIA HEIGHTS/NE1 COLLEGE OF TECHNOLOGY LEASE AGREEMENT LEASE AGREEMENT CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY This lease agreement, made in duplicate this 10th day of January, 2001, by and between NEI COLLEGE OF TECHNOLOGY, hereinafter referred to as "Lessor", and CITY OF COLUMBIA HEIGHTS, hereinafter referred to as ~Tenant" or as "Lessee", for the benefit of the Columbia Heights Parks and Recreation Commission. Witnesseth: That the Lessor in consideration of the rents and covenants hereinafter mentioned, to be paid and performed by the Tenant, does hereby demise, lease, and let unto the Tenant, and the Tenant does hereby hire and take from the Lessor, the premises described herein situated in the City of Columbia Heights, County of Anoka, State of Minnesota. 1. Description of Premises The leased premises consists of both the large and small gymnasiums located in the building known as NEI COLLEGE OF TECHNOLOGY, located at 825 - 41st Avenue Northeast, Columbia Heights, Anoka County, Minnesota. The large gymnasium is located on the west side of the building and the small gymnasium is located on the east side of the building. 2. Times and Dates of Rental Ihe aforementioned large and small gymnasiums are leased by Lessor to the Tenant Mondays through Thursdays from 6:00 p.m. to 10:00 p.m. from September 1, 2000, through May 31, 2002. 3. Nature of Occupancy Tenant shall use the facilities for basketball, volleyball, and similar athletic activities suitable to a gymnasium. 4. Responsibilities of Lessor Lessor shall provide adequate heating, lighting, and hot and cold running water for the leased premises, §o that the leased premises may be used by Tenant for its intended purpose. Lessor shall permit Tenant to use the basketball baskets, scoreboards, and volleyball standards now in place on the premises. Lessor shall provide routine maintenance and cleaning services for the gymnasiums. 5. Tenant's Equipment Responsibilities Tenant shall provide all equipment of every kind needed for its use of the gymnasium except for those items for which lessor is responsible pursuant to paragraph 4 above. 6. Tenant's Utilities Responsibilities Tenant agrees to reimburse the Lessor, on ~i pass 825 41STAVE NE q COLUMBIA HEIGHTS ~1 MN 55421-2974 ~TELE 763.781.4881 ~ FAX 763.782.7329 I TOLL-FREE 800.777.7634 I WWVV. NEICOLLEGE.ORG 1 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT through cost basis, for Lessor's out of pocket utility expenses monthly. The cost is as follows: The East Gym $4.30 per hour; the West Gym $8.30 per hour. These charges will be reviewed yearly. The base year for the utility expenses is 1994/95. Any increases above the base year will be passed on. 7. Tenant's Gym Floor Responsibilities Tenant acknowledges that they are the primary user of the Gyms. Accordingly the Tenant will be responsible for sharing the cost of resurfacing the wooden gym floors ~,ith the Lessor and the other primary user of the gyms, Columbia Heights School District 13. The Tenant and Columbia Heights School District 13 shall share in the cost of the resurfacing supplies (i.e., polyurethane) on a pro rata basis, and the Lessor shall provide the labor and equipment to perform the resurfacing. 8. Supervisor Tenant covenants that it will provide adequate adult SUl:ervision of all activities at all times it is leasing the leased premises. 9. Tenant's Responsibility for Damage Tenants shall be responsible for the costs of repair of any damages occurring to the gymnasiums and lockers during its leasing of the same, excepting normal wear and tear. Tenant shall promptly notify Lessor of any damage that occurs during Tenant's use of the leased premises. Lessor shall promptly notify Tenant of any damage which Lessor observes and which occurred during the use of the leased premises by Tenant. Lessor shall repair such damage and bill the cost of said repair to Tenant, who shall promptly pay the same. Tenant further covenants and agrees not to waste or misuse water, electricity, or any other utility which is or may be furnished by Lessor. 10. Compliance with Laws Tenant covenants that it will not use said leased premises or permit the same or any part thereof to be used for any purpose or in any way contrary to the laws, ordinances, or regulations of the United States of America, the State of Minnesota, or the City of Columbia Heights, or of any boards or officers of said city. 11. Condition of Premises Tenant acknowledges the receipt ofthe demised premises and the same to be in good and sanitary condition, and in good repair, and the taking of possession of the demised premises by the Tenant shall be conclusive evidence that the demised premises and all equipment, plumbing fixtures, and other items appurtenant thereto, were in good clean and tenantable condition and in all respects were satisfactory and acceptable to Tenant, at the time Tenant took possession of the lease premises. 12. Subleasing Tenant agrees not to sublease the demised premises, or any part 2 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT thereof, or assign this lease or any interest therein, or pemfit any such lease to become transferred by operation of law or otherwise, and Tenant agrees that no act or acts will be done or permitted whereby the same may be or become sublet or assigned in whole or in part, unless the written consent of the Lessor endorsed thereon is first obtained in each and every case of subletting or assignment. The Lessor shall have sole and absolute discretion to refuse or approve any particular subletting or assignment. 13. Liability of Lessor ahd Tenant Tenant agrees that the Lessors shall not be liable for any damage, either to persons or to property or the loss of property sustained by the Tenant or by any other person, arising out of the state of repair of or a defect in the leased premises, or due to any accident, or due to the actions or negligence of the Tenant. Tenant covenants that it will purchase at its own expense general liability insurance in the amount of at least $200,000.00 per person and $600,000.00 per occurrence, which insurance will cover any person or persons in or on or using the leased premises during the time the leased premises are used by Tenant. Said policy shall name NEI College of Technology as an additional insured under said policy. A copy of said policy containing the endorsement will be provided to NEI College of Technology prior to the commencement of Tenant's use of the lease premises. 14. Notice Any notice from Lessor to the Tenant will be served on the Tenant by mail as follows: City of Columbia Heights 590 - 40th Avenue N.E. Columbia Heights, MN 55421 with a copy to: Attn: Jim Hoefi Barna, Guzy, & Steffen LTD 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Mpls., MN 55433 Any notice from the Tenant to the Lessor shall be served on Lessor by mail as follows: NEI College of Technology 825 - 41st Avenue N.E Columbia Heights, MN 55421 3 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT with at copy to: Jerrod F. Bergfalk, Esq. Lindquist & Vennum 4200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 15. Fire It is further agreed between Lessor and the Tenant that if during the term of the lease the leased premises shall be damaged or destroyed by fire or the elements, or through any other cause, so as to render the leased premises unfit for Tenant's use of the leased premises as stated herein, or to such an extent that the premises cannot be repaired with reasonable diligence within thirty days from the occurrence of such damage, then the Lessor may terminate this lease and the Tenant shall immediately surrender the demised premises and all interest therein to the Lessor. If, however, the leased premises is not rendered unfit for use by the Tenant for its activities as a result of said damages, then the Lessor shall repair the same with reasonable promptness. 16. Quiet Enjoyment The lessor.agrees and covenants that the Tenant shall and may peaceably and quietly have, hold and enjoy said leased premises for the term of this lease as set forth herein. 17. Right of Reentry Lessor and Tenant agree that this lease is made upon the condition that if the Tenant shall neglect or fail to keep, observe, and perform any of the covenants and agreements contained in this lease which it is obligated to keep, observe, or perform, or if the leasehold interest of the Tenant shall be taken on execution or other process of law, or if the Tenant shall cease to exist as a legal entity, or if the Tenant shall vacate said premises or abandon the same during the term of this lease, then and in any of said cases the Lessor may at its election, and upon written notice to the Tenant, declare this lease forfeited and void, and may thereupon reenter and take full and absolute possession of said premises as the owner thereof, free from any right or claim of the Tenant or any person or persons claiming through or under the Tenant; and such reentry shall be and constitute an absolute bar to any right by the Tenant. 18. Access to Premises Tenant shall have access to the premises at all hours necessary for it to carry on its occupancy thereof. The Lessor shall designate the entrances, stairways, and halls of the building in which the leased premises are located which Tenant shall 4 of 5 CITY OF COLUMBIA HEIGHTS/NEI COLLEGE OF TECHNOLOGY LEASE AGREEMENT use in entering and leaving the leased premises. The use of such entrances, stairways, and halls shall not be exclusive, nor shall it be unreasonable in nature. 19. Right of Inspection The Lessor shall at all times have the right to enter upon the leased premises to inspect their condition and, at its election, to make reasonable necessary repairs thereon for the protection and preservation thereof. 20. Rent As and for rent for the premises, Tenant shall pay to Lessor the sum of $1.00 on or before July 1. - 21. Use of Gymnasiums After May 31, 2002. This lease terminates unconditionally and absolutely as of the end of May 31, 2002. However conditions permitting, Lessor expresses its willingness to negotiate with Tenant upon the termination of this lease, for a new lease of the premises for the period from September 1, 2002 to May 31, 2003. IN TESTIMONY WHEREOF, Lessor and Tenant have hereunto set their hands the day and year first above written. NEI COLLEGE OF TECHNOLOGY, Lessor Charles R. Dettmann President Tenant CITY OF COLUMBIA HEIGHTS, Mayor By Walt F~t ' City Manager By ~ 5 of 5 September 19, 2001 Park and Recreation Dept. City Of Columbia Hts. 590 40~ Ave NE Columbia Hts. MN, 5542 ! Attn: Keith Windschitl De~ Kdth; As per our conversation with respect to Utility cost inv'reases for gym use effective 9/1/01. 1, The Ea~ Gym will be $10,58 per hour 2. The West Gym will be $19,05 per hour. As you know I am only passing on the increases in my cost ofoperatlon. De.spite reports tO the Contrary I do not expect any decrease in cost due to fact we Could have a normal winter with 8000 to 10,000 degree days. The most we can hope for is the same cost of operation as last year. If someone would likc to verify the costs feel ~ree to call me and I will fax over the worksheets. Based on the schedule you sent me, it will now cost .$103.70 pet evening u~ing both the East & West Gyms for 3hrs. each. Respectfully Yours Harry R, Willcox NEI Co!!e8¢ of Technology 825 41'~ Ave NE Columbia Hts ~ 55421 CITY COUNCIL LETTER Meeting of: 8/12/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: NPDES PHASE II PERMIT: LMC GUIDE BY: K. Hansen ,~,, j PLAN AGREEMENT DATE: 8/6/02"~,/ DATE: Background: As required by the Federal EPA, cities with populations greater than 10,000 and operating Municipal Separate Storm Sewer Systems (MS4's) are required to have a Phase II permit by March 10, 2003. MS4's with populations greater than 100,000 (St. Paul and Minneapolis) have already been permitted (see Attachment 1). Analysis/Conclusions: The NPDES Phase II regulation set forth six minimum steps: 2. 3. 4. 5. 6. Public education and outreach on stormwater impacts; Public involvement/participation; Illicit discharge detection and elimination; Construction site stormwater runoff c6ntroi; Post construction stormwater management in new development and redevelopment; Pollution prevention/good housekeeping for municipal operations. The MN PCA has developed a general permit and issued the final version on June 25, 2002. Public Works established 5;10,000 in the 2002 budget and is proposing the same in the 2003 budget to accomplish the NPDES Phase II permit requirements. In an effort to help Minnesota cities comply with this unfunded mandate, the League of Minnesota Cities has sponsored the development of a "guide plan" that would be applicable to all Minnesota cities. The guide plan would allow the city to complete 50-65% of the NPDES Phase II permit while using in-house resources or minimizing consultant services to complete it by the March 10, 2003 deadline. (See attached letter dated June 7, 2002, Attachment 2.) Attached please find a Letter of Understanding from the LMCs for the NPDES Phase II Guide Plan (Attachment 3). It outlines the content and deliverables for the guide plan and estimated fee of $5,000. As of July 26, 2002, 79 cities have signed onto the development of the guide plan, which may lower the individual city fees. Staffbelieves the guide plan is an excellent resource to help Columbia Heights complete the NPDES Phase II permit requirements and recommends entering into an agreement with the LMC for a NPDES Phase II Guide Plan. Recommended Motion: Move to authorize the Mayor and City Manager to sign the Letter of Understanding with the LMC for the NPDES Phase II guide plan development; and, furthermore, authorize payment upon billing from the LMC in an amount not-to-exceed $5,000 from the Storm Water Utility Fund, 604-49650-3050. Attachment 1: Attachment 2: Attachment 3: MPCA Letter dated February 13, 2002 LMC Letter dated June 7, 2002 LMC Letter of Understanding dated July 15, 2002 COUNCIL ACTION: ATTACHMENT Minnesota Pollution Control Agency February 13, 2002 RE: Phase II Storm water Program Dear Storm Sewer System Operator: You are receiving this letter (electronically and in hard copy) from the Minnesota Pollution Control Agency (MPCA) because the new Federal Phase II National Pollutant Discharge Elimination System (NPDES) requirements may pertain to you. The purpose of this letter is to provide you with some general information about the Phase II NPDES requirements that address storm water discharges from Municipal Separate Storm Sewer Systems (MS4's) and industrial activity. The Phase II storm water program is intended to further reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. Please forward this letter to the person(s) responsible for Storm water activities in your organization. As you may know, the Clean Water Act was amended in 1987 to require implementation of a comprehensive national program for addressing storm water discharges. Phase I of the program required NPDES permit coverage for storm water discharges from large and medium MS4's serving populations of 100,000 or greater. The Phase I NPDES permit for these MS4's (Minneapolis and St. Paul) required them to develop and implement a storm water management program for their storm water. The Phase II storm water program is expanding by requiring small MS4's to obtain coverage under an NPDES permit and to develop and implement programs and practices to control impacted storm water runoff. The Phase II regulations "automatically" designate municipal storm water dischargers on a nationwide basis. Small MS4's are defined as any city that was not. a large or medium MS4. The regulated small MS4 definition is further defined, for this program, as any area that is located within the boundaries of a Federal Bureau of Census-delineated "urbanized area" based on the latest decennial census. This "urbanized area" is defined as a land area comprising one or more places ("central places") and the adjacent densely settled surrounding area ("urban fringe") that together have a residential population of at least 50,000 and a density of at least 1000 people per square mile. This automatic designation will also include highway departments, universities, hospitals, and any other operator of a storm sewer system that is located fully or partially within an urbanized area. Operators of designated small MS4's must obtain NPDES permit coverage by March 10, 2003. 520 Lafayette Rd. N.; St. Paul, MN 55155-4194; (651) 296-6300 (Voice); (651) 282-5332 (TTY) St. Paul · Brainerd · Detroit Lakes · Duluth · Mankato · Marshall · Rochester · Willmar; www. pca.state.mn.us Equal Opportunity Employer · Printed on recycled paper containing at least 20% fibers from paper recycled by consumers. ATTACHMENT 2 145 University Avenue West, St. Pa~l, MN 55103-2044 Phone: (6S1) 281.1200 ° (800) 925-1122 TDD (6S1) 281-1290 LMC Fax~ (651) 281-1299 ° LMCIT Fax: (6S1) 281-1298 Web Site: http://www, lmnc.org June 7,2002 Dear Mayor, City Engineer and City Administrlm:rrTClerk: Your NPDES Phase II Permit Application will be due on March 10~ 2003. Will you be ready? The League of Minnesota Cities can help. A group of Leaguc members concerned about this stormwater regulation has met and decided to explore the possibility of developing a Permit "Guide Plan". This Guide Plan would be designed to help MS4 cities complete 50% to 65% of their NPDES Phase II Permit Application and Storm Water Pollution Prevention Program (SWPPP) using in-house resources. A rough estimate of the cost to develop the Guide Plan is $250,000. This cost would need to be split between 50 or more permitees to make it affordable and cost-effective - $5,000 per city. If more cities join this effort, the cost for each city will be lower. If enough cities express an interest in the project, a steering committee will be formed to dirtct the project. The steering committee would be involved in selecting a consultant and providing assistance to the League in managing the endeavor. The reasons to develop the Guide Plan are: · Efficiency Instead of every city straggling to start from the beginning, the League could develop the Guide Plan and distribute it to many MS4 cities. · Cost savings Some cities have estimated their total NPDES Phase II Permit development cost at $50,000 or more. Using the Guide Plan at a cost of only $5,000, a city could complete half or more of the Permit and SWPPP using in-house resources. · Support from the MN Pollution Control Agency (MPCA) The MPCA strongly supports this effort by the League. MPCA staff will review and "pre-approve" the Guide Plan. The MPCA considers the Guide a significant step in moving this entire program forward quickly and effectively. AN EQUAL OPPORTUNITY/AFItlRMATIVE AC'rlON EMPLOYER What do we need from your city? If the Guide is to be useful, we need to move ahead quickly. We need funding to pay for the development of the Guide Plan. We need representatives from cities to join the Steering Committee. Most importantly, we need responses quickly from the cities regulated under this program to the following questions: 1. Is your city interested in joining with other cities to develop the Guide Plan? 2. Will your city contribute approximately $5,000 to the development of the Guide Plan? 3. Will a representative from your city participate on the Steering Committee? Please respond to Remi Stone at the League of Minnesota Cities before June 28, 2002 at 651- 281-1256 or rstone ~lmnc.org. The Steering Committee will meet during July. For additional information about NPDES Phase II and the Guide Plan, please attend the session on these subjects at the LMC Annual Conference - June 19, 2002, 10:45 AM to 12:00 noon. Sincerely, Jim Miller Executive Director Cc~ Commissioner Karen Studders, MPCA Don Jakes, MPCA Gene Ranieri, AMM Christopher Hood, Flaherty & Hood Janette Brimmer, MCEA 3 C ATTACHMENT 3 145 University Avenue West, St. Paul MN 55103-2044 Phone: (651) 281-1200 (800) 925-1122 Fax: (651) 281-1299 TDD (651) 281-1290 July 15, 2002 Letter of Understanding Re: NPDES Phase II Stormwater Guide Plan - Letter of Understanding Dear Kevin Hansen, Director of Public works Thank you for your city's interest in joining with other communities and the League of Minnesota Cities (LMC) to build the NPDES Phase II Storrnwater Guide Plan (Guide Plan). The goal of the Guide Plan is to provide your city with a tool to allow it to complete 50% - 65% of your NPDES Phase II Notice of Intent and a Storm Water Pollution Prevention Plan using in-house resources. Based on the significant number of cities responding to the LMC's June 7, 2002 letter, we are moving ahead to have the LMC Board approve a contract with a consultant to develop the Guide Plan. Due to the time sensitive nature of this project, please sign and return one copy of this Letter of Understanding to the LMC no later than August 15, 2002. LMC will not enter into an agreement with a consultant until it has received sufficient written city commitments to cover the cost of the project. This Letter of Understanding is intended to describe the scope and nature of the project. The Guide Plan elements will include the following: permit application components meeting the six minimum measures required by the USEPA and MPCA; a permit task check list; a check list for existing city programs; a list of acceptable Best Management Practices (BMPs); ordinances; employee training; educational materials & programs; access to state and county programs, and requisite contact information; form letters and agreements for outside providers; and details and options for funding mechanisms to comply with this regulatory program. Estimates to develop the Guide Plan range from approximately $100,000 to $350,000. This cost assumes that a large portion of the work plan will be coordinated by and implemented through League staff. By approving this Letter of Understanding, your city agrees to contribute $5,000 to help make the Guide Plan a reality. The process for developing the Guide Plan will include the following components. Steering Committee: The Steering Committee consists of 15 voting members, all of who are city officials and Were selected as volunteers to represent their communities. The first meeting of the Steering Committee is July 16, 2002. The Steering Committee will make a recommendation regarding a consultant for the project and will provide direction for the project as it moves forward. There will be a sub-committee of the Steering Committee that will help LMC short-list firms for interview. Request for Qualifications ! Statement of Qualification: The LMC issued a modified Request for Qualifications (RFQ) on July 12, 2002. The LMC targeted the RFQ to firms that have expressed interest in the project. Additionally, the project was noticed to the City Engineers Association of Minnesota and to the American Council of Engineering Companies of Minnesota Statements of Qualifications (SOQs) are not to exceed 15 pages, however, if necessary appendix materials including resumes may be unlimited. Firms are asked to provide 10 copies that LMC can have delivered over-night to key the Steering Committee members. Since the RFQ was mailed out on July 12, 2002, the SOQs will be due July 26, 2002, giving firms a two-week turn around. LMC Board Action: The LMC Board will review and approve the suggested process at their July 25, 2002 Board Meeting. Interview ! Selection of Consultants: Based on the SOQs, the sub-committee of the Steering Committee will develop a short list (3-5 firms) of eligible engineering firms that will be invited to make presentations during the week of August 5, 2002 to the full Steering Committee. The Steering Committee will then make a recommendation to the LMC Board. At its July 25 meeting, the LMC Board may choose to delegate to its Executive Committee the authority to select and contract with the consultant. LMC enter into contract / Deliverable October 15, 2002: On behalf of the participating cities in the Guide Plan project, the LMC will enter into a contract xvith a selected consulting firm to produce the final copywritten Guide Plan. The budget has not yet been set, but we anticipate the cost to be about $200,000. It is anticipated the contract will be let in early August, 2002. The Guide Plan will be due no later than October 15, 2002 and will have a "not to exceed" clause based on the number of communities that agree to participate in the project. In the event the project is completed and delivered for less than the estimated $5,000 per community, the LMC will make an equitable remittance to all participating communities. AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 2 Training / Construction of Permit Application: The Steering Committee will meet at least two times in person with the selected consultant to review the Guide Plan's progress and the final draft. We anticipate the Steering Committee and all participating cities will be given weekly or bi-weekly updates prepared by LMC staff and the consulting finn. Upon delivery of the Guide Plan, it is our expectation that the consulting firm will provide at least two training and education opportunities to participating cities in the use and implementation of the Guide Plan. Ownership: The final Guide Plan will be the property of LMC, although all participating cities will receive copies of the completed Guide Plan. LMC may provide a copy of the completed Guide Plan to non-participating cities upon payment of an appropriate fee, as determined by LMC. Revenue from the sale of the Guide Plan shall belong to the LMC, to compensate it for the cost and staff time involved in coordinating this project. The LMC Board of Directors understands the importance of using your city's resources wisely. We support your desire to collaborate with other communities to develop the Guide Plan. As indicated above, LMC will not enter into an a~eement with a consultant until it has received sufficient written city commitments to cover the cost of the project. You may include your $5000 contribution with the signed Letter of Understanding or we will invoice your city for the amount. If you have any questions about this project or the contract, please contact Remi Stone at (651) 281-1256 or email: rstone@lmnc.org; or Tom Grundhoefer at (651) 281-1266 or email: tgrundho @ lmnc.org. Sincerely, James F. Miller Executive Director Agreed to on this date Attest: by the city of Mayor Clerk AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER 3 CITY COUNCIL LETTER Meeting of.' 8/12/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ,et~ ~ ~3 PUBLIC WORKS ITEM: CAPITAL EQUIPMENT REPLACEMENT: BY: K. Hanse BY: UNIT #309 GRACO LINELAZER III LINE STRIPER DATE: 8/6/02 ~_~ DATE: Background: Unit # 309 is a Graco Linelazer III Line Striper used for painting cross walks, parking lots, parking spaces, bike paths, and curb lines. The unit was purchased in 1995 for $4,500 with a projected life expectancy of 7 years. This trait is powered by a 4.0 hp gasoline engine. Unit # 309 is in service approximately 6 months out of the year and averages between 500 & 600 hours of use per year. Maintenance and repair records indicate that $1,000 has been spent on repairs. The engine is using oil, the filtering system is prone to clogging, and the clutch assembly was reconditioned in 2000. The Shop Foreman has rated the mechanical condition as fair. State Aid Maintenance Funds have been budgeted in 2002 for the replacement of Unit # 309. Analysis/Conclusions: The line striper is an essential piece of equipment serving multiple purposes: it directs and controls the flow of traffic, provides public safety, and enhances the overall appearance of the city. It is very dangerous to engage in equipment repairs while working in the street, making it imperative that striping equipment perform without downtime while on the street for the safety of the employees. The new line striper is equipped with operator friendly controls, (no tool adjustments needed) and advanced technology that electronically monitors pressure, speed, material thickness, distance and material used. This should equate to less down time and less material use. Staffrecommends replacement of Unit # 309 with a Graco Linelazer III 5900, model 232662, 2-gun system complete. Public Works has received the following quotes: Diamond Vogel Paints Sherwin Wilhams Hershfield's P/M Division $4,984 plus sales tax $5,150 plus sales tax $5,260 plus sales tax Estimated trade-in or auction value of Unit #309 is $700. Staff recommends disposing of Unit # 309 by auction to obtain the highest value. Recommended Motion: Move to authorize the Capital Equipment Replacement of Unit # 309 with one (1) new Graco Linelazer III 5900, model 232662, 2-gun system complete from Diamond Vogel Paints, Minneapolis, Minnesota in the amount of $4,984 plus sales tax, with funding from the State Aid Maintenance Fund, 212-43190. KH:jb COUNCIL ACTION: per,~eve :] NEW Easy OutTM Filter .... , .~ <~:'~': Graco Quality and Technology- Inside The New LineLazer III gives you industry-changing features~ all at LineLazer III is loaded with features, both familiar and brand-new, that that are designed to make your job easier. We've pla where they're easily accessible from the striping position - you can change settings as you go! Watch downtime shrink awa Pure Genius. SmartControl, with Digital Tracking System keeps you ,~ SmartControl Pressure Speed Material Thickness Distance · Accurately set system pressure to desired level · See your spraying pressure as you work Track, measure and control various aspe~,s 6f yo6r job£ YOU;# ~ e~azed wh~t' knowledge'at yobr £nge nlp s con do for YOur busi/~esst o · Displays striping speed · Records average wet film · Resettable distance build of striped lines meter tracks actual · A/lows you to monitor striping distance and your speed for precise, · Allows you to monitor I~hear feet applied even and accurate lines amount of material being used and adjust · Tracks distance by job · Match your striplhg if needed or project speed to your tip size · Helps determine your tip wear and its effect on material usage SmartControl MicroProcessor · Provides consistent spraying pressure, reducing pulsation and line variations · Ensures maximum performance and reliabllig'/ with all materials Remote Safety Shut Off Easy C · C/ear · Nave,*' · Large Fat Track System The more stable the striper, the straighter and sharper the lines will be. Fat Track derivers sure footing that narrow and dual wheel units can't match/ · $~hgle $.5 in (89 mm) wide wheel won't follow surface cracks · Tapered Iocklhg pin prevents wheel play · Inhhite Radius Lock-In"" for precise arcs and circles Engine Speed Comfort Grips · Contoured ~o comfortably fit your hands · One finger pc'!,'-Sack reduces fatigue Pump Pressure On/Off Adjustment Switch Prime/Spray Selector Adjustable Handle Bars 3 different positions customizable to o~erator's height to reduce fatigue and Out finger tips! ed all the major controls ~s your productivity soars! formed. Material Used II- · Resettab/e mater/o/ counter tracks the amount of material applied · Tracks material used by job or project ~t Filter from the inside out ,'ets stuck ',/taring area Easy Reach Controls A//ows qu~ck Me-tuning of system se~,,hgs without stopping product/on SmartControl monitors, tracks and displays eV~ aspect of your job, making your bidding process easier and much more accurate. This technology also gives you a valuable competitive advantage over other contractors, allowing you to share vital information with property managers as assurance that the job was done right. GMax Advantage Drive System ~/ · Heavy-duty clutch automatically adjusts and ah~ns for long life and maximum performance · Hardened hehcol gears offer proven durability with quiet, effio'ent operation · EnduranceTM Piston Pump featuring the NEW Xtreme" rod sets t,fe industry standard for convenience, ease of use, and long life. QuikSelect' ~un Selector · Allows easy switching between one- and two*gun striping · Dual position gun se/ector enables easy, no-too/s switching between: Solid Lines Solid-Skip Lines t ~renr Fend, Tv CITY COUNCIL LETTER Meeting of: 8/12/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER AGREEMENTNO: ~--/~ ~ PUBLIC WORKS...-. ~I~E..~f~ ITEM: APPROVE PROFESSIONAL SERVICES BY: K. Hansen\~ WITH AMERICAN ENGINEERING DATE: 8/6/02 ~ TESTING FOR THE CENTRAL AVENUE IMPROVEMENTS Background: On State Aid and Cooperative Agreement Construction projects, Mn/DOT requires very specific testing be performed and documented as it relates to materials and specification compliance standards. These standards may include soil density, soil gradiations, soil types, on-site testing of concrete and bituminous and preparations of test reports. Please see the attached Scope of Services for a complete detail of the proposed work. Analysis/Conclusions: Staff received fee schedules from AET and Braun Intertec to perform construction testing services. With the published rates very similar, the project engineer, URS and City staff recommend using AET to perform the construction testing since they also performed the preliminary and design soils investigations. The estimated cost of $27,500 will be provided from the Central Avenue project funds. Sufficient funds are currently available from the project contingency fimds. RECOMMENDED MOTION: Move to approve the contract with AET, Inc. in an amount not-to-exceed $27,500 with funding designated from project fund 402-59912-3050; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. K~I.'jb Attachment: AET Scope of Work COUNCIL ACTION: DAMERICAN ENGINEERING TEsting, INC, CONS ULTA,WI'S · GEOTECHNICAL · I=NV]RONM ENTAL Mr, Kevi.u Kielb Ch'y of Col-~hia .H. eight~ C/O URS-BRW 700 Tl~rfl $~r~ $ou~ Mi_.nCa.l:~liz, ~ 55415-1199 Project Testin~ Services Central Avenue Improvement~ ~Betwcen 37~ a~l 44" Avenue A.~T l:)ropos~3 #20-02-174 (A. ET 3ob lqo. 20-02332) Dear M.r.l. Ci~lb: American Eng'inccrimg 'l-estiug, Inc. (AET) is pleased to provizle you wi~ this proposal for project testing services at the Central Avenue Improvements project i.u Cob'-ru_bia H~ighm, M~o=sota. h~tv'~ revie, we.d th-_ proj ecl plans and spcci:ficadons supplied by U'RS-BRW to ~sist us in preparing proposal which includ~a applicable unit rates,. ~o.~k Scope Thk proposal defines our understanding of the work scope based on the in.formation provided by the project documen~_~ ~na you, AET will provide th; followi~z Lu~:rmit-ten~ project - ' ~, t~stm= .~ervic¢$: Density T e~LLug Sieve nna~ysls t~fi.ug Plastic co=tccete t~ting Compression tesliug of hazdehed concrete cylinders ]3 itumiaou.s testing Bituminous B~tch Plant Inspections Please refer to the foUowbag section~ for more specific ~,~onxazfion regarding our approach to each o[ thes~ tasks. During pLak-emend, of f'fll in the u~dlity trench~s and base ad,reda.'.:, an EngLueering Tecbaician fro~ A.ET will visit the site on a will-call basis when requ~t.M by the R. esident Project Engineer. services will Luclud¢ th~ following: Compaction tests in lke soils to evaluate the in-pLace. ~-; d_,,...t-y. The compaction t.~sts wLL1 b~ taken using either the sand cone m~thod (ASTi~,i:D1556) or the nnclear density method (ASTM:D2922). It is our understanding that tb~_~ proj~.ct h~_~ state mo~y and city znoney, Cleveland Avenue No~h. St. Paul, fdN 55114, ~51~9001 · F~ 651.65~137~ Dulum · M~nkato · Ma r.~hall, R~ha~ler, Wau~, R aaid Ci~. Ple-e C~ut~a~ A~eaUe Improvements J~BT Proposal F20-02-174 A.ET will rely on thc URS-BRW Resident Project Enlineer to relay the information to us o when sand cones will be laecded on the mate portion of the job. Pcrform smndaxd Proctor tests (ASTM:D698) for every different type of fill used. Sieve analysis of sand fill and class $ aggregate base. Intermittent msti.ng will be performed or~ utilities, and base grade. Moreover, we wi1.! perform siev ~. alysis (ASTM:C136,117) on aggrcgat~ base, select granulzr borrow, ,ngl gr~mulzr borrow materi~ to document their compliance with the project specifications. The. se locafion~ and quanfitie.~ will I: suppli~ to our technicians by the Resident Project ~nL"ineer, Periodic reports wlll be Jasue. presenting th~ results of our. tests. _C~_on_cr et e Te.s'tiu ~ We will perform tests of plastia concre~ during construction on a will-call bash when requested the R~ident Project Engine~, As a general procedure, our t~chnlcian will cheek the delivery slfp e each truckload of concrete d~hvercd during our time on thc .~te to ¢onfum the correc~ m~x has bee delivered tO the site. Once the correct mix has been documented, om' u:¢hniciam will test the slump concrete temperature, and the air content of the mix, as wet1 as casHng the necessary test cylinders Any deviation from the specified range will be brought to the t~nmedia, fe attent/oa Of the Project Engineer and the Contractor. We understand that a cortcrete plant inspection will not be needed on this project. Il' Mn/DO~. determines tha~ one is required AET wi.Il provide a Mn/DOT level ri Ce:-tSfied Concrete Engineer~ Teclazdcia~. We have included em' fees for this testing. Bit_uminous h,Iixtur_e Production During placemv, nt of the bit~mlnou$ bas~ and wear layer.% a Level II M~OT certified Eng[n~rim; Techn_;c~an will rmake production plant vLsits for observations of c/ual.iD' control activities, We hay. assumed that t~n (10) trips may be made to the pla.ut, The ~echnicizn will perform the followln': se..twiccs: ¥crify calibration of plant laboratory testing equipment. Moaitor the plant QC sunn-nary sheets and com:rol charts. Observe .qampling and tesu perform~ by the plants QC personnel. Obtain samples of the bitu.minou~ fcrr laiooratory testing, A daUy test log will be kept notig, g te~xs observed on each sample. Malutaln records on Mn/DOT report forms. Corn _rm.mlcate plant inspec~on results to the Engineer. Bituminous M. Lxxk~e TesJd. 'ng (0~) Samples will also be uaken by the contractor on a random basis during placement, A split porrio~ each ~ample will be delivered to our laboratory By your field personal or it can be mr;mgM to A.ET personnel pick them up. The satnpl--m will be tested in our laboratory for th~ following: Central Avenue Impr~rvements AET Proposal #20-02-174 Sample z~ass shall be a min~um of 20,000 grams Bulk specific gravity and maximum ~pecific gravity. Asphalt extraction and aggregate gradation. Percent crushing. After the completion of c~eh c~ays paving, your field enD:tin-*er ~ lay out coring location.~ for the contractor. The companion cores from sublot will be delivered by your field persotml to our laboratory for testing or once again you can have A.ET pick the samples up. We have assumed that 25 cores wi~ be delivered for testhag, th~ number may change depending on the contractors placement schedule. This testing witl include the following: 'i'he thickness of each layer of the core sample. Thc density of each layer of the core sample. Determination of thc percent of ,'~x. imum (Gram) d¢-nsiw of each layer of the core sample. The result_~ of our field and laboratory testing will bc presemed in a written report at the completion of our services. ~r.g.~ct A _~ ~r o~c.h/Commu~fi cz_ flor, The staff of AET has been involved in a numb:r of proj e~ts which have sim~I~r tasting recponsibilides to this project. For your project, we envision t~sting will be performed on a w-iH-call basis and have structured our proposal as such. I.ntcrm~ttent services will require the site representativ~ to con, act us to schedule the necessary testing services. A well established mea:-us of communication will b~ necessary for smooth coordk~fion of tesfi.ug se~ice~. The prin~ipal.s and staff of AET are decticatnd to the tin~Iy and successful completion of your project. As such, Nfr..Joseph Janssen, 651-fi59-i3~1 will be established as our Project Mana~'~r a¢¢l Liaiso~ to you for tb~ work. Mr. $oseph ~'anssen wgJ coordinate our work on the project and comr0_uu/cat~ with you on a regular basis. Thc above services will require good commtu:fication between our field personn.-1 and the R~sident Project Engineer, We reque.~ the site persounM attempt to give us 24 hours advance notice o~' th,_ need [or testin£ sea-vices. I-Iowever, there may be dines when testing services will b~ nccded on very short notice. We will make every attempt to rcs-pond as quicldy as poss~b~ in these sima~ons. CITY COUNCIL LETTER Meeting of: 8/12/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AUTHORIZE FINAL PAYMENT FOR 2002 BY: K. Hansen ~ STREET AND PARKING LANE STRIPING DATE: 8/6/02 ~ . Background: Attached is the final request for payment for the 2002 Street and Parking Lane Striping in the original contract amount of $4,541.34. The total is comprised of $3,960.08 for striping the State Aid Streets and $581.26 for striping the local streets. The State Aid street striping is paid for with State Aid Maintenance funds. The local street striping is paid for with General Funds. Analysis~Conclusions: The work has been completed in accordance with the project specifications and staff is recommending acceptance and final payment to the contractor. Recommended Motion: Move to accept the work for 2002 Street and Parking Lane Striping and to authorize payment of $4,541.34 to AAA Striping Service Company of Rogers, Minnesota. Attachments: Engineer's Report of Acceptance Invoice dated July 15, 2002 COUNCIL ACTION: To: AAA STRIPING SERVICE CO. 5392 QUAM AVENUE PO BOX 339 ROGERS, MN 55374 RECEIVED JUL ZOO?. PUBLIC WORKS CITY OF COLUMBIA HEIGHTS 637 38TH AVE NE COLUMBIA HEIGHT, MN 55421-3806 Invoice Date 07-15-2002 Draw ID 1 Job Location: Customer ID 99COLU Work Order Invoice ID 93619 Ship Date CITY OF COLUMBIA HEIGHTS 2002 CITY STRIPING , MN Ship Via None 1 2 3 4 5 6 4" BRKN LINE YELLOW PAINT 4" BRKN LINE WHITE PAINT 4" SOLID LINE WHITE PAINT 8" SOLID LINE WHITE PAINT 4" SOLID LINE YELLOW PAINT 4" DBL SOLID LINE YELLOW PAINT 12.13 .41 5.88 .07 .24 .38 MI 15600 1,892.28 MI 188.00 77.08 MI 375.00 2,205.00 MI 814.00 56.98 MI 310.00 74.40 MI 620.00 235.60 Amount Billed $4,541.34 Retainage Held 08-14-2002 $4,541.34 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 2002 STREET AND PARKING LANE STRIPING August 6, 2002 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to AAA Striping Service Company. The work consisted of street and parking lane striping on the State Aid Streets and several local streets. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to thc contractor in the amount as follows: ORIGINAL CONTRACT PRICE FINAL WORK APPROVED BALANCE DUE Sincerel~ CIT~ G~ COLUM~ HEIGHTS I4.e~in R. Ha't'men ' City Engineer $ 4,541.34 $ 4,541.34 $ 4,541.34 CITY COUNCIL LETTER Meeting of: August 12, 2007, AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: ~--- A-t() Community Development APPROVAL ITEM: Resolution 200249, Lot Split BY: Tim Johnson ,~/)"' NO: Case # 2002-0807, 325 Summit Street NE DATE: August 6, 2002 Issue Statement: A request for a lot split of the property located at 325 Summit Street NE. The City is proposing to split off a portion of the property it owns, which will be used for a future street and alley reconfiguration. Back~round: Section 9.410(4) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. There are no previous Planning and Zoning Commission cases on this site. Analysis: The proposed lot split meets the minimum requirements of the Zoning and Subdivision Ordinances. The proposed split would still allow for the resulting parcels to be in conformance with City requirements. This split will allow for the existing single-family home parcel to be reduced in size, and additional land (Tract B) to be used for right-of-way and/or a portion to be combined with the abutting City-owned parcels on Lookout Place and University Avenue. The City currently owns the vacant parcels at 3944 and 3950 Lookout Place, and the vacant gas station at 3955 University Avenue. The intent is to vacate a portion of Lookout Place, and reconfigure the east-west alley that currently has access to Lookout Place (see survey). The lot split and street and alley reconfiguration will allow for a City-owned redevelopment parcel of approximately one acre is size. Recommendation: The Planning and Zoning Commission held a Public Heating for the request on August 6, 2002. They voted to recommend City Council approval of the lot split at it is consistent with City zoning and subdivision standards. Recommended Motions: Move to waive the reading of Resolution 2002-49, there being ample copies available to the public. Move to adopt Resolution 2002-49, a resolution approving a lot split of the property at 325 Summit Street NE. Attachments: Staff Report; Resolution 2002-49, Completed application form; Cert~cate of Survey; Area map; and Notice of Public Hearin$ COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 7f)6-3692 Visit Our Website at: www. ci. colu.tbia-heights, mn. us Ca~e: 2002-0704 Page: I STAFF REPORT TO ~ PLANNING AND ZONING COMMISSION FOR ~ AUGUST 6, 2002 PUBLIC H. EARING Case #: 2002-0807 Owner: Address: GENERAL INFORMATION City of Columbia Heights Applicant: 590 40th Avenue NE Columbia Heights, MN Phone: Parcel Address: 325 Summit Street NE Zoning: R-3 Multi-Family Residential Comprehensive Plan: TOD, Transit-Oriented Development sarrle 763 706-36OO Surrounding Zoning and Land Uses: Zoning North: GB South: R-3 East: R-3 West: GB BACKGROUND Land Use North: Commercial South: Residential East: Residential West: Commercial Explanation o_f Request: A request for a lot split of the property located at 325 Summit Street NE. Currently 325 Summit Street consists of three lots (Lots 16, 17, 18) and measures approximately 11,730 square feet in size. The City is proposing to split offa portion of this property (Tract B), which will be used for a street and alley reconfiguration. Case History: There are no previous Planning and Zoning Commission cases on this site. .A~NALYSIS Surrounding Property: The surrounding property to the north is a commercial business. The properties to the south and east are single and multi-family residential. The properties to the west are City-owned properties and are vacant. THE CITy Ol= COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF E}ISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS 590 401h Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD f763) 706-3692 Visit Ottr Website at: www. ci. cohtmbia.heights, mn.us Case: 2002-0704 Page: 2 Technical Review: Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, setback, height and lot coverage requirements in the Residential Districts, and Section 9.603 regulates accessory structures and lot coverages. Applicable requirements are as follows. Minimum lot size shall be 6,500 square feet for a single family home - the proposed split will provide 325 Summit Street consisting of Lots 17 and 18, with 8,410 square feet (Tract A), and will allow for Lot 16 (Tract B) with 3,320 square feet, to be separated from Tract A. A portion of Tract B will actually be used for the proposed street and alley reconfiguration, and a portion is proposed to be combined with adjacent City-owned properties for redevelopment purposes. Any lot over 6,500 square feet may have a lot coverage of up to 30% - the lot coverage : will be well under 30%, so the proposal meets these requirements. The City currently owns 3944 and 3950 Lookout Place, which are vacant commercial properties. The City has purchased the former Conoco gas station property at 3955 University Avenue, and is closing on the property by September. The City also owns 325 Summit Street, and with the proposed lot split a portion of Lookout Place would eventually be vacated, and the adjacent alley reconfigured. This reconfiguration would allow for a functional future redevelopment site of approximately one acre. The City is also currently negotiating to purchase the commercial business at 322 40th Avenue NE, thereby creating a more usable, larger and functional property. A future vacation of a portion of Lookout Place would create a safer intersection and open up a future redevelopment oppommity for the 40th and UniversitY Avenue corridor. .Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future transit-oriented development, and the intended redevelopment of this area is consistent with the Comp Plan. The proposal is consistent with the City Comprehensive Plan and meets the minimum requirements of the Columbia Heights Zoning Ordinance. CONCLUSION Staff Recommendation: Staffrecommends approval of the lot split as it meets the technical standards of the Zoning Ordinance and is consistent with the City Comprehensive Plan. Recommended Motion: Move to recommend City Council approval of Resolution 2002-49, as the lot split is consistent with City subdivision standards. Attachments: Completed application form; Certificate of S ur~ey; Area map; Resolution; and Notice of Public Hearing THE CitY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY in EMPLOYMENT OR THE PROVISion OF SERVICES EQUAL OPPORTUNITY EMPLOYER S SE 4117 4105 4051 4045 4035 4029 500 4021 4040 4041 AVE 212 ~ 3948 3940  ~1 222 226 228 230 ~ · ~3929 3934 5925 3930 3925 3915 3915 5919 3907 5901 3865 3859 3855 3858 3851 3850 3847 3848 3900 3909 3853 4120 41 O0 4055 4042 4049 4040 4036 4039 4034 4037 4028 4024 4025 4018 4014 4010 4001 4006 .oo.,. 4002 4109 4108 4105 4104- ~ 401 4100 12~.~' '2"J.~' ~ 4059 4050 4051 4044. 4045 4039 4038 4033 4034 4031 4030 4025 4024 4025 4018 4017 4013 4012 4009 411 423 432 398C 3901 25 ~.tg g = 3970"' 3966 3891 I SUMMIT 3962 3952 394~ 3800 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Ottr Website at: ww}~:ci, columbia-heights.mn, us Oonna Schmitt Stephan JohAson Tamara PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, August 6, 2002. The order of business is as follows: A request for a lot split of the property located at 325 Summit Street NE. The current property consists of 3 lots, and measures approximately 11,730 square feet in size. The proposal will split off a portion of this property (Tract B} measuring 3,320 square feet, which will be used for a proposed street and alley reconfiguration. Section 9.410 of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission, which shall submit its findings and provide a recommendation to the City Council. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS 0 0 \ 0 THE ~_.ITY OF' ~.O/UMBiA J'~'IGHT500[S NOT OI$(~RqMINATE ON THE BASIS OF' Ol¢~A~ILiTY it~ [MPLOYMENT OR THE PROVISION OF' $~.~'11CE$ ~OUAL C, PPORTI~NITY ~'MPLOYER CITY Of COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 The City of Columbia Heights, Hereby requests a split of PIN 35 30 24 31 0119 Legally described as: Lots 16, 17, 18; Block 68, Columbia Heights Annex to Minneapolis; Anoka County, Minnesota. THE DESCRIPTIONS HENCEFORTH TO BE: Tract A: Lot 18 & that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northeasterly of the following described "Line 1" and southeasterly of the following described "Line 2". Tract B: Lot 16 and that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying southwesterly of the following described "Line 1" and northwesterly of the following described "Line 2". "Line 1" Beginning at a point on the south line of said Lot 17, distant 21.00 feet westerly of the southeast corner; thence northwesterly to a point on the west line, said point being 100.00 feet southerly of the northwest corner and there terminate. "Line 2" Beginning at a point on the north line of said Lot 17, distant 10.00 feet easterly of the northwest corner; thence southwesterly to a point on the west line, said point being 10.00 feet southerly of the northwest corner and there terminate. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: This ~ day of ,2002 Offered by: Seconded by: Roll Call: Zoning Officer Signature of Owner, Notarized Owner's Address Telephone No. SUBSCRIBED AND SWORN TO BEFORE ME this day of ,2002 CiTY COUNCIL ACTION: Notary Public This. day of ,2002. Offered by: Seconded by: Roll Call: Secretary to the Council Gary Peterson, Mayor [,-,-,n CERTIFICATE OF SURVEY [ I-I,./I-~ c~H o0. coLo~,~ ~-tGt~WT.~ ~AS~E~N~S Sl~ IN FEET A~ DECI~LS ~ A F~T~ I I~REBY CERIIFY 11~T 1111S S~Y. ~ ~ VAS PREPAAED ~Y ~ ~ L~Eff ~Y ~I~ECI S~ERVISI~ 0 ~0 ~ II~T I ~ A ~Y LIC~NSE~ L~ ~VEY~ ~Uss. II J. Kurlh. L.L.S. No. 4O02 ,JEFFEnSON ST. NE. COLLI,,OA TEI~ ITS. k14 t612) 788-~/~9 FAX (§l;p) I ROi',l MOi~t~Ea r O ; PROPOSED DF. SCRIP'lION OF TRACT A · Lo~ 18 & iht pMt oF Lot ! 7, Block 6S, Columbia ~ Amex to Mimmpolis, Anoks County, Mis~so~ ~ nortlmsteriy ofihe fi211awing doscribed "Line l' md southeastmty oFthe followin8 dmcribed "Line 2'. PROPOSED DESCRIPTION OF TRACT B Lot 16 & ~ pna of Lot 17, Block 6~, Columbia ~ Ann~ to Mir~qx~is, AnokJ County, Mir~,,mota, lyes soathv~ty cf the follawin8 described "Line !" m~d ncnthw~terly of the foBowin8 dmcrib~l "Line 2'. Besimins at a point on the south line o~ .~id l.ot 17, distant 21.00 ~ wemdy ofthe southern comec thence northwesterly to a poin~ ~n the we~ line, hid point bein8 1 ~0.00 Fee~ southefl~ oFthe noflhwe~ c~meF .nd them tf~mbmte. "LI]qE 2'* Be~nni~8 st · point on tho noflh llno of'#id ~ 17, 4_;.t~t l 0.00 ~ ettterly of*the noflhwes~ comer; t.h~ce souehwe~ly to · point m the we~ line, hid point binS lO.IX) h southerJy of the northwest comer md the~ termituM. RESOLUTION NO. 2002-49 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 The City of Columbia Heights, Hereby requests a split of PIN 35 30 24 31 0119 Legally described as: Lots 16, 17, 18; Block 68, Columbia Heights Annex to Minneapolis; Anoka County, Minnesota. THE DESCRIPTIONS HENCEFORTH TO BE: Tract A: Lot 18 & that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying northeasterly of the following described "Line 1" and southeasterly of the following described "Line 2". Tract B: Lot 16 and that part of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying southwesterly of the following described "Line 1" and northwesterly of the following described "Line 2". "Line 1" Beginning at a point on the south line of said Lot 17, distant 21.00 feet westerly of the southeast corner; thence northwesterly to a point on the west line, said point being 100.00 feet southerly of the northwest corner and there terminate. "Line 2" Beginning at a point on the north line of said Lot 17, distant 10.00 feet easterly of the northwest corner; thence southwesterly to a point on the west line, said point being 10.00 feet southerly of the northwest corner and there terminate. Be it further resolved that special assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Signature of Owner, Notarized This ~ day of ,2002 Owner's Address Offered by: Telephone No. Seconded by: Roll Call: Zoning Officer SUBSCRIBED AND SWORN TO BEFORE ME this ~ day of ,2002 CiTY COUNCIL ACTION: Notary Public This ~ day of Offered by: Seconded by: Roll Call: ,2002. Secretary to the Council Gary Peterson, Mayor CITY COUNCIL LETTER Meetin AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL NO: ..5-- {~ ~ {{ Fire ITEM: Establish Hearing Dates BY: C harlie Thompson BY' .~//~ License Revocation, Rental Properties DATE: August 7, 2002 DA~'E. NO: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Salman Ali .................................................................... 1224-1226 Circle Terrace Blvd NE 2. Talmer Caraway II ........................................................ 1231-1233 40th Avenue NE 3. Robert Zschokke ........................................................... 5101 7th Street, 3823 Polk St. NE 4. Lawerence Garner ......................................................... 3740 2na Street NE 5. Donald Ferry ................................................................. 4536-4538 7th Street NE 6. David Jacobs ................................................................. 1206-1206 Circle Terrace Blvd NE 7. Ruben Cruz ................................................................... 4524 Monroe Street NE MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Salman Ali at 1224-1226 Circle Terrace Blvd NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Talmer Caraway at 1231-1233 40th Avenue NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Robert Zschokke at 5101 7th St. & 3823 Polk St. NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Lawerence Garner at 3740 2nd Street NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Donald Ferry. at 4536-4538 7th Street NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Jacobs at 1206-1208 Circle Terrace Blvd NE. MOTION: Move to Establish a Hearing Date of August 26, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Ruben Cruz at 4524 Monroe Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: August 12, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: fi-//~-I-h~- License Department~)~ ~~~ ITEM: 2003 Business License Fees BY: Shelley Hanson / /3'" BY: NO: DATE: August 8, 2002 BACKGROUND Attached is the proposed business license fees for the 2003 license year and a resolution for the same. These fees on the attached schedule are the same as for calendar year 2002. The fees charged are to cover time staff spends in reviewing, processing, and performing record checks, etc. ANALYSIS/RECOMMENDATION The fees for Cigarette/Tobacco Sales and Beer and Liquor were increased in 2000 as recommended by the License Review Committee. Staff is recommending the license fees remain the same for 2003. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2002-50, as there are ample copies available to the public. RECOMMENDED MOTION: Move to approve the Resolution #2002-50 being a Resolution adopting the 2003 Business License Fee Schedule as presented. COUNCIL ACTION: attachments: Resolution 2002-50 Fee schedule RESOLUTION NO. #2002-50 ADOPTING 2003 BUSINESS LICENSE FEE SCHEDULE WHEREAS: Ordinance No. 853, City Code of 1977, pertaining to commercial licensing regulations provides for the establishing of annual license fees; and WHEREAS: The City has participated in a survey of metropolitan municipalities regarding business license fees charged by other communities; and WHEREAS: The City is attempting to maintain business license fees which are comparable to other communities; and WHEREAS: The City annually reviews its business license fee schedule and has concluded that our fees are comparable to other communities in the metro area; NOW, THEREFORE, BE IT RESOLVED that the attached proposed license fee schedule be adopted and effective January 1, 2003. Passed this Offered by: Seconded by: Roll Call: day of ., 2002. Mayor Gary L. Peterson Patricia Muscovitz, Council Secretary 2003 BUSINESS LICENSE FEES Effective January 1, 2003 through December 31, 2003. CATEGORY FEES Amusement Centers/Arcades ($5,000 Bond/S100 Inv. Fee) (PD) $500 $500 Auto Recycling Dealer/Yard ($1000 Bond) PD,FD, ZA Beer Sales (PD, BI, FI) On Sale ($150 Inv. Fee 1st time appl.) OffSale ($150 Inv. Fee 1st time appl. Temporary Beer (per day basis) ($500 Appl. Fee; $150 Investigation Fee) $4O0 $150 $100 Carnivals ($500 deposit & insurance) (PD) $50/day $50 Christmas Tree Sales (FI) (P&Z Comm) ($200 Clean-up Deposit) Cigarettes/Tobacco Sales (S&H) $200 Contractors (Bond and Insurance) General (if not licensed by State) Blacktop Excavator Masonry/Concrete Moving Demolition Plaster/Stucco Heating/Cooling Gas Piping Plumbing Sign Installation $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 Courtesy Benches (Insurance)(Eng. Dept.) $25/each Games Of Skill (PD) $15/Location Plus $15/machine Kennels, Commercial (PD) Plus, per cage $5O $10 ARTICLE IV V V llI VI IV VI SECTION 2 2 8 6 2 7 6 4 Page 2 CATEGORY Liquor Sales (PD, FI, BI) Class A (Inv. Fee $500-$2000) Class B (Inv. Fee $500-$2000) Class C (Inv. Fee $500-$2000) Class D (Inv. Fee $500-$2000) Class E (Inv. Fee $500-$2000) On Sale Wine (inv. Fee $500-$2000) Sunday Liquor Sales Temporary On Sale (Inv. Fee $500-$2000) "Club On Sale Liquor (Inv. Fee$500-$2000) up to 200 members 201 to 500 members 501 to 1,000 members 1,001 to 2,000 members 2,001 to 4,000 members 4,001 to 6,000 members Over 6,000 members Massage Therapist Business (PD,ZA) ($250 Investigation Fee) Massage Therapy, Individual (PD, ZA) ($250 Investigation Fee) Motor Vehicle Fuel Dispensing Stations (FI) First Metering Device Each Add'l. Metering Device L.P. Gas Per Metering Device Motor Vehicle Rental/Leasing (ZA) A. New Application B. Renewal Application Motor Vehicle Sales (New & Used) (PD) Pawnbroker ($5,000 Bond/$100 Inv. Fee) (PD) FEES ARTICLE $8,000 $6,500 V $6,500 V $8,000 V $5,5OO V $2,00O V $200 V $100/day Per membership V $ 300 $ 500 $ 650 $ 800 $1,000 $2,000 $3,00O SECTION 3 3 3 3 5 6 $500 V 12 $100 V 12 II $50 $10 $50 VI $75 $5O 4 $200 II 7 $12,000 H 5 8 Pet Shop (PD)(Humane Officer) $50 VI 9 Pool/Billiard Hall ($100 Inv. Fee) (PD) $100 IV 2 CATEGORY Popcorn, Candy, Food Catering Vehicles (PD) (Insurance - Public & Vehicle Liability) Precious Metal Dealers ($5,000 Bond)(PD) ($100 Investigation Fee) New Applicant Renewal FEES $5O $300 $200 ARTICLE VI VI Page 3 SECTION 6 2 Secondhand Merchant Business ($5,000 Bond) $100 (Investigation Fee $100) (PD, FI, BI) Exhibition/Convention/Shows/Expos(S5,000 Bond) First Day $50 Each Additional Day $10 II II 4 4 Sexually Oriented/Adult Business (PD,FI,ZA,AC) $10,000 (Investigation Fee $500-$10,000) V Transient Merchant/Peddlers (PD) A. Itinerant Hawker/Peddler B. Transient Merchant II $ 5 O/day; $100/mo.; $500/yr. $50/day; $100/mo.; $500/yr. Tree Removal & Treatment (Ins.) (PWD) $50 VI 10 LATE PENALTY ON ALL ANNUALLY RENEWABI,E FEES FEE FEE BEGUN. 1 - 15 DAYS LATE 16-30 DAYS LATE OVER 30 DAYS LATE 25% PENALTY OVER ORIGINAL 50% PENALTY OVER ORIGINAL LEGAL PROCEDURES DEPARTMENTS RESPONSIBLE FOR APPROVAL OF LICENSE PD BI S&H ZA Police Department Building Inspector Safety and Health Inspector Zoning Administrator FI - Fire Department PWD - Public Works Dpt CF - City Forestor AC - Anoka County All New Licenses Must Have Zoning Administrator's Approval. CITY OF COLUMBIA HEIGHTS LIQUOR LICENSE CLASSIFICATIONS AND FEE~ CLASS A: Percent of food in Food/Liquor split less than 60%. Investigation fee where all applicants are in-state: Investigation fee where any applicant is out of state: ~8,000 8 500 82,000 CLASS B: Percent of food in Food/Liquor split 60 % or higher. Investigation fee where all applicants are in-state: Investigation fee where any applicant is out of state: 86,500 8 500 82,000 CLASS C: 86,500 Percent of food in Food/Liquor split 60% with primary business other than restaurant, such as a hotel or bowling alley. Investigation fee where all applicants are in-state: 8 500 Investigation fee where any applicant is out of state: 82,000 CLASS D: ~8,000 Probationary license for establishments who have not been in business long enough to have an established Food/Liquor split ratio. Investigation fee where all applicants are in-state: 8 500 Investigation fee where any applicant is out of state: 82,000 CLASS E: 85,500 Limited Intoxicating Liquor for restaurants that do not contain an elevated counter, commonly known as a bar. Investigation fee where all applicants are in-state: ~ 500 Investigation fee where any applicant is out of state: 82,ooo SUNDAY LICENSE: Must have a Class A through E license to qualify. 200 TEMPORARY ON-SALE INTOXICATING LIQUOR' Maximum of four days with a maximum of twelve days per year. Investigation fee where all applicants are in-state: Investigation fee where any applicants are out of state: 100 per day 500 2,000 .ON-SALE WINE LICENSF Investigation fee where all applicants are in-state: Investigation fee where any applicant is out of state: 2,000 500 2,000 CLUB ON-SALE INTOXICATING LIQUOR LICENSE: Up to 200 Members 201 to 500 Members 501 to 1,000 Members 1,001 to 2,000 Members 2,001 to 4,000 Members 4,001 to 6,000 Members Over 6,000 Members Investigation fee where all applicants are in-state: Investigation fee where any applicant is out of state: (Per State Statute) 300 500 650 800 1,000 2,000 3,000 500 2,000 ON-SALE 3.2 MALT LIQUOR (BEER): .OFF-SALE 3.2 MALT LIQUOR (BEER) Annual rdew License Investigation Fee Temporary License Application Fee Investigation Fee Annual Investigation Fee 4OO 150 100 per day 500 150 150 150 CITY COUNCIL LETTER Meeting off August 12, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~'-- -//~ - 13 License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson ~.,,. DATE: NO: DATE: Aug. 8, 2002 BACKGROUND/ANALYSIS Attached is the business license agenda for the August 12, 2002 City Council meeting. This agenda consists of applications for Contractor licenses for 2002. At the top of the license agenda you will notice a phrase stating *Signed Waiver Form Accompanied Application. This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for August 12, 2002 as presented. COUNCIL ACTION: TO CITY COUNCIL August 12, 2002 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Oakwood Builders Inc. Card Construction Co. Andlar Construction Inc *ABC Plumbing*Alpha Mechanical*Maple Grove Heating*Premier Heating*DeCheney Roofing Grand Fire & Safety 12901 Pioneer Trail, Eden Prairie $50.00 644 Brookside Ln, Mendota Heights $50.00 12000 Sunset Ave NE, Ch' Pines 8609 Lyndale So. Bloomington 15167 Fillmore St NE, Ham Lake 401 County Rd 81, Osseo 17123 Round Lk Rd. Eden Prairie 18520 Ivaro St NW, Oak Grove 1383 Grand Ave, St Paul $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: ~~c /~ ~9.00~;~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number ~/t./~ through ~/7 in the amount of$ ~t ~(~t ~D. 77. These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 08/08/2002 14:33:46 Check History GL050S-V06.40 COVERPAGE GL540R * *** C 0 U N C I L *** * * *** C O U N C I L *** * * *** C 0 U N C I L *** * * *** C 0 U N C I L *** * ******************************************************************************* Report Selection: Optional Report Title ....... 08/12/02 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ thru thru thru thru 099149 thru 099417 Project N .............. Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space J COUNCIL 02 P4 N S LPI Lines CPI 6 066 10 ACS FINANCIAL SYSTEM 08/08/2002 14 Check History 08/12/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 1 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT NORTHEAST STATE BANK AID ELECTRIC SERVICE INC AT & T CONSUMER LEASE BRAY/LIZ BRIN NORTHWESTERN GLASS CADD/ENGINEERING SUPPLY CLARK PRODUCTS INC DANKA DISCOUNT SCHOOL SUPPLY DOYLE LOCK SUPPLY FADINA/MOJI FIRCHOW/RACHEL FLOORS NORTHWEST INC G & K SERVICES GENUINE PARTS/NAPA AUTO GIGUERE/BEP~ICE HANKS SPECIALTIES HANSEN/KEVIN JENSEN/RITA MARKOW/JENNIE MUNICIPAL SOFTWARE COMPA NORTHEAST STATE BANK PEPSI-COLA- 7 UP PE~?Y CASH - CHERYL BAKK PETTY CASH - KELLY BECKE QWEST CO~fJNI CATIONS RELIANT ENERGY MINNEGASC SUNG/WY THATSEKHANGSAR/TSER ING D UNIVANCE - ACCTS RECEIV VIKING ELECTRIC SUPPLY VOIGTS BUS COMPANIES WILSON/JANE XCEL ENERGY (N S P) AFFINITY PLUS FEDERAL CR AFSCME DELTA DENTAL FIRST COMMINITY CREDIT U ICMA RETIREMENT TRUST 45 MEDICA SENIOR MN CHILD SUPPORT PAYMENT NCPERS GROUP LIFE INS 39 ORCHARD TRUST COMPANY PERA RAMSDELL SCHOLARSHIP FUN RELI~TAR EMPLOYEE BENEF UNION 49 99149 750,000.00 99150 202.75 99151 47.82 99152 50.34 99153 18.65 99154 254.54 99155 355.88 99156 270.00 99157 18.95 99158 82.93 99159 30.00 99160 17.66 99161 226.31 99162 20.88 99163 73.56 99164 135.00 99165 23.80 99166 15.33 99167 50.00 99168 250.00 99169 3,452.77 99170 47,290.00 99171 465.00 99172 300.00 99173 22.60 99174 1,728.52 99175 928.26 99176 21.00 99177 500.00 99178 35.04 99179 20.53 99180 2,111.00 99181 225.39 99182 22,200.42 99183 400.00 99184 1,032.50 99185 5,266.30 99186 2,500.00 99187 11,056.77 99188 846.60 99189 707.43 99190 434.00 99191 6,675.50 99192 27,294.12 99193 54.25 99194 2,060.50 99195 600.00 ACS FINANCIAL SYSTEM 08/08/2002 14 Check History 08/12/02 COUNCIL LISTING CITY OF COLL~4BIA HEIGHTS GL540R-V06.40 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT UNITED WAY VANTAGEPOINT TPO~NSFER - WELLS FARGO - PAYROLL AC ri DEPARTmN~ OF REVm~E COLUmIA NEIGHS CraVER, ~Em~/JEm~ EAGGENSTOSS/GARY BRADLEY REAL ESTATES INC COLUMBIA HEIGHTS I COLUMBIA PARK MEDICAL GR EDLUND/DORINDA FINE WINES FROM EUROPE FRITZ COMPANY INC GENUINE PARTS/NAPA AUTO GIRI/MAHESH & NORINA GRIGGS-COOPER & CO IKON OFFICE SOLUTION JERRY'S SIGNS INC JOHNSON BROS. LIQUOR CO. JOUNSON/T~OMAS M MARSH/DONNA METROCALL - ATT MESSAGIN MN-HTCIA NATW OFFICE DEPOT ORTTEL/CAROLYN PETTY CASH - KELbY EECKE PHILLIPS WINE & SPIRITS PIONEER DRAMA SERVICES QUALITY WINE & SPIRITS REFRIGERATION SERVICES VALLEYFAIR NORTHEAST STATE BANK ACS ALBERICO/NORM ASSOC OF MN EMERGENCY MA BIAKE/VIRGINIA EAST SIDE BEVERAGE CO G & K SERVICES GENUINE PARTS/NAPA AUTO HA~SEN/KEVIN HmTZ/~ F.C.CELTIC LLC HOHENSTEINE INC HOME DEPOT #28O2 IKON OFFICE SOLUTION JOHNSON/BERNICE KUETHER DIST. CO. 99196 39.00 99197 225.00 99198 159,211.94 99199 291.22 99200 2,250.00 99201 20.00 99202 7.60 99203 11,344.47 99204 4,520.46 99205 12,924.19 99206 968.18 99207 679.96 99208 9,420.50 99209 80.65 99210 116.92 99211 9,982.84 99212 155.79 99213 175.00 99214 75,984.78 99215 225.00 99216 128.90 99217 71.53 99218 150.00 99219 8.90 99220 52.63 99221 250.00 99222 48.41 99223 16,400.25 99224 35.68 99225 12,462.67 99226 232.15 99227 1,764.00 99228 1,100,000.00 99229 545.70 99230 36.00 99231 100.00 99232 25.00 99233 80,550.50 99234 5.22 99235 41.67 99236 50.81 99237 200.00 99238 1,994.25 99239 63.73 99240 155.79 99241 35.52 99242 27,312.85 ACS FINANCIAL SYSTEM 08/08/2002 14 Check History 08/12/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT KURAS/JOSEPH METRO COUNCIL ENVIROMENT MINNESOTA STATE TREASURE MN CHIEFS OF POLICE EDUC MNREC & PKASSOC - MEP MOELLER/KAREN MURLOWSKI/J~IFER PETTY CASH - KAREN MOELL PETIY CASH - KELLY BECKE PETTY CASH - ~LIRY DUGDAL PURTLE/DAVID THREE RIVERS PARK DISTRI VERIZON WIRELESS VIKING ELECTRIC SUPPLY VOSS ELECTRIC VOSS LIGHTING WEIST/PAUL XCEL ENERGY (N S P) AFFINITY PLUS FEDERAL CR FIRST COMMUNITY CREDIT U HEALTH PARTNERS ICMA RETIREMENT TRUST 45 JEFFERSON PILOT MN CHILD SUPPORT PAYMENT ORC}LIRD TRUST COMPANY PERA PUBLIC MANAGERS ASSOCIAT UNION 320 UNITED WAY VANTAGEPOINT TRANSFER - WELLS FARGO - PAYROLL AC WI DEPARTMENT OF REVENUE ACE HARDWARE AID ELECTRIC SERVICE INC ALEX AIR APPARATUS INC ALL SAINTS BRAND DISTRIB AMERICAN FLAGPOLE AND FL AMERICAN STORE/THE AMERIPRIDE ANCOM COMMUNICATIONS INC ANOKA COUNTY LIBRARY ANOKA CTY - CENTRAL COMM ARCH WIRELESS ARCTIC GLACIER ASPEN MILLS, INC. ASPEN PUBLISHERS INC ATHLETIC OUTFITTERS 99243 114.29 99244 1,188.00 99245 354.97 99246 100.00 99247 440.00 99248 18.90 99249 50.00 99250 96.46 99251 47.55 99252 107.40 99253 1,869.00 99254 201.29 99255 342.06 99256 805.42 99257 396.38 99258 52.19 99259 72.00 99260 50.28 99261 400.00 99262 2,500.00 99263 59,936.50 99264 11,060.29 99265 632.39 99266 707.43 99267 6,675.50 99268 27,220.01 99269 40.00 99270 1,257.16 99271 39.00 99272 225.00 99273 164,241.08 99274 300.01 99275 345.55 99276 407.00 99277 66.03 99278 550.30 99279 1,947.89 99280 12.38 99281 127.87 99282 952.11 99283 2,294.28 99284 61.27 99285 21.32 99286 2,641.48 99287 127.00 99288 114.18 99289 825.00 ACS FINANCIAL SYSTEM 08/08/2002 14 Check History 08/12/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BAKER & TAYLOR 99290 4,848.77 BATTERY CITY INC 99291 30.84 BELLBOY CORPORATION 99292 4,353.70 BFI/WOODLAKE SANITARY SE 99293 104,667.42 BIFF'S,INC. 99294 3,324.60 BIGS EASY LIFT 99295 456.33 BITUMINOUS ROADWAYS, INC 99296 2,073.14 BLACKBOURN MEDIA PACKAGI 99297 49.00 BLUE OCEAN SOFTWARE 99298 554.00 BLUEMELS TREE SERVICE 99299 10,978.91 BOOK WHOLESALERS INC 99300 208.08 BOYER TRUCK PARTS 99301 50.99 BROWNELL'S INC 99302 31.70 BUILDING FASTENERS 99303 84.45 CAMDEN PET HOSPITAL 99304 439.00 CATCO PARTS SERVICE 99305 68.59 CDW-G 99306 1,064.45 CHISAGO LA/lES DISTRIBUTI 99307 3,745.05 CITIES 97 99308 2,964.00 CITY PAGES 99309 433.00 CITY WIDE LOCKSMITHING 99310 33.45 CITY WIDE WINDOW SERVICE 99311 40.47 COMPUTERIZED FLEET ANALY 99312 895.00 CONTINENTAL SAFETY EQUIP 99313 98.46 CUMMINS NORTH CENTRAL 99314 19.16 DANKA OFFICE IMAGING 99315 35.94 DAVIES WATER EQUIPMENT C 99316 322.75 DCI INDUSTRIES LTD 99317 256.00 DE~CO 99318 66.92 DEMCO MEDIA 99319 155.37 DOUGS TV & AFPLIANCE 99320 21.33 F~T SIDE BEVERAGE CO 99321 59,799.60 FIDELITY SERVICES INC 99322 4,728.22 FLEX COMPENSATION, INC 99323 178.50 G & K SERVICES 99324 279.74 GALE GROUP/THE 99325 117.51 GENERAL ELECTRIC CO 99326 783.84 GENUINE PARTS/N~A AUTO 99327 174.44 GREENER P~TURES 99328 15.97 HACH COMPANY 99329 44.84 HAPPEL DBA PLANSIGHT/JER 99330 9,434.63 HATCH SALES/JIM 99331 181.58 HOHENSTEINS INC 99332 6,746.10 HOME DEPOT #2802 99333 236.37 HYDRkNT SPECIALIST 99334 1,125.00 IKON OFFICE SOLUTION 99335 136.00 INGEAM LIBRARY SERVICES 99336 22.75 ACS FINANCIAL SYSTEM 08/08/2002 14 Check History 08/12/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT INSTRUMENTAL RESEARCH IN 99337 440.00 INTEGRATED LOSS CONTROL 99338 602.00 IPC PRINTING 99339 262.83 JINDRA/PATRICIA 99340 35.00 JOHNSON PAPER & SUPPLY C 99341 430.55 KENNEDY & GRAVEN 99342 240.85 KOCH REFINING 99343 1,436.79 KRONER COMPANY 99344 25.17 KUETHER DIST. CO. 99345 87,347.40 LAKE RESTORATION INC 99346 385.00 LANCASTER CNTY COb'RT 3RD 99347 7.75 LEAGUE OF MINNESOTA CITI 99348 75.00 LEAGUE OF MN CITIES INS 99349 59,035.25 LOFFLER BUSINESS SYSTEMS 99350 298.43 LUBE-TECH 99351 52.13 MAC QUEEN EQUIPMENT CO. 99352 2,069.11 MARK VII DIST. 99353 16,824.93 MCI WORLDCOM COMM SERVIC 99354 12.02 NENARDS - COON RAPIDS 99355 10.64 MENARDS CASHWAY LUMBER-F 99356 234.54 NERCURY TOOL & ENGINEERI 99357 15.00 NERIT RECOGNITION 99358 6.05 NETRO CASH REGISTER SYST 99359 172.44 NETRO FIRE 99360 7.06 METRO WELDING S~PLY 99361 22.37 NETROCALL - ATT NESSAGIN 99362 22.10 MID-NORTHERN ELECTRIC 99363 220.52 MIDWAY FORD 99364 18.95 MIDWEST ASPHALT CO. 99365 715.04 MIDWEST LOCK & SAFE 99366 223.57 MIDWEST TAPE 99367 49.99 MINNEAPOLIS FINANCE DEPT 99368 162,763.52 MINI~OLIS SAW CO. 99369 162.47 MN DEPT OF ADMINISTRATIO 99370 37.00 MTI DISTRIBUTING 99371 43.60 NATIONAL ARBORIST ASSOCI 99372 15.95 NEEHAN FOUNDRY CORP 99373 536.76 NORTH CENTRAL AMBULANCE 99374 154.04 NRG PROCESSING SOLUTIONS 99375 220.46 O'GARA/ANDREW 99376 210.76 OFFICE DEPOT 99377 673.82 OWE-CALL CONCEPT-GOPHER 99378 227.85 OPERATING ENGINEERS LOCA 99379 1,200.00 ORIENTAL TRADING COMP~Cf 99380 47.15 PARK CONSTRUCTION COMPAN 99381 179,817.94 PARK SUPPLY INC 99382 72.31 PC MAGAZINE 99383 39.97 ACS FINANCIAL SYSTEM 08/08/2002 14 Check History 08/12/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 6 BANK VE/CDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PC SOLUTIONS 99384 1,057.01 PLUNKETT' S, INC 99385 89.67 RADIO SHACK 99386 29.78 RELIANT ENERGY MINNEGASC 99387 588.24 RESOURCE DOCUMENTS & ADV 99388 350.43 RETAIL DATA SYSTEMS OF M 99389 1,017.83 ROBINSON LANDSCAPING INC 99390 147.80 ROSEDALE CHEV 99391 40.53 RURTTIMANN/ROBERT 99392 35.00 S & T OFFICE PRODUCTS IN 99393 24.34 SAM GIBSON SEWER COMPANY 99394 282.00 SCHERER BROS LUMBER 99395 23.28 STANDARD & POOR'S CORP. 99396 501.67 STREICHER'S GUN'S INC/DO 99397 4,139.32 SYSTEMS SUPPLY INC. 99398 56.85 TELEPHONE ANSWERING CENT 99399 83.40 THOMAS AND SONS CONSTRUC 99400 457,839.65 THUGREEN CHEMLAWN 99401 434.19 I~3BBS/MARSHA 99402 77.21 TULL BEARING 99403 61.64 UNITED RENTALS 99404 32.12 URS BRW INC 99405 37,634.05 US FILTER/WATER PRO 99406 1,445.70 VECTOR INTERNET SERVICES 99407 150.00 VERIZON DIRECTORIES CORP 99408 35.65 VERIZON WIRELESS 99409 357.91 WELLS F~GO 99410 750.00 WERNER ELECTRIC S~PLY C 99411 31.66 ~EST WELD 99412 189.25 WORKING SMART 99413 139.90 WURTH USA 99414 55.31 ~ GRAINGER, INC 99415 43.02 XPECT FIRST AID 99416 14.36 ZIEGLER INC 99417 31.18 3,965,440.77 *** ACS F~N~CZAL SYSTm 08/08/2002 14 Check History 08/12/02 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 7 BANK VENDOR CHECK NUMBER AMOUNT REPORT TOTALS: 3,965,440.77 RECORDS PRINTED - 001518 ACS FINANCIAL SYSTEM 08/08/2002 14:33:48 FUND RECAP: FUND DESCRIPTION ................................ GENERAL COMMUNITY DEVELOPMENT FUND ANOKA COUNTY CDBG PARKVIEW VILLA NORTH ECONOMIC DEVELOPMENT AUTH STATE AID MAINTENANCE PARKVIEW VILLA SOU~fH CABLE TELEVISION RENTAL HOUSING LIBRARY COL HGHTS A~TER SCHOOL ENRI LOCAL LAW ENFORCE BLK GRANT TAX INCH CAP APPREC OF 1990 G.O. IMPROVEMENT BOND 1999A CAPITAL IMPROVEMENTS STATE AID CONSTRUCTION DO~r~OWN MAINTENANCE CAPITAL IMPROVEMENT - PIR WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR WATER FUND DEBT SERVICE SEWER FUND DEBT SERVICE STORM SEWER DEBT SERVICE CENTRAL GARAGE DATA PROCESSING PEEMIT SURCHARGE INSURANCE ESCROW INVESTMENT TRUST ~LEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 47,381.75 195.16 8.50 5,969.11 1,271.14 832.45 2,875.08 3,452.77 87.89 11,904.28 4,232.09 3,936.12 750.00 14,095.00 1,947.89 497,803.17 12,924.19 180,078.68 169,510.36 1,641.96 104,673.68 1,563.84 442,501.03 17,342.27 657.95 15 194.78 6 895.25 2 049.30 1 542.97 59 035.25 490 405.25 1,850 000.00 12 681.61 3,965,440.77 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT 3,965,440.77 ACS FINANCIAL SYSTEM 08/08/2002 14:33:48 FUND DESCRIPTION ................................ Check History DISBURSEMENTS CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R TOTAL ALL BANKS 3,965,440.77 CITY COUNCIL LETTER Meeting of: 8/12/02 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: ~-d- [ PUBLIC WORKS .~/~ ITEM: AUTHORIZATION TO REINSTATE PARKING BY: K. Hansen\L~ ON THE NORTH SIDE OF 37TM AVENUE FROM DATE: 8/6/02 ~ g[~E. T ER STREET TO HART BOtmEVnm Background: Staffreceived a petition signed by fronting property owners on 37th requesting the reinstatement of parking on the north side of 37th from Tyler Street to Hart Boulevard (petition attached). An identical request was made and presented to the Traffic Commission in 1999. The Traffic Commission held a public hearing in October of 1999 and recommended to the City Council to reinstate parking on the north side. The Council considered the request and recommendation on October 11, 1999 and voted to retain the parking restriction. The City of Mirmeapolis reinstated parking on the south side of 37th Avenue in 1997-1998. Analysis/Conclusions: (Background) In 1989, 37th Avenue was changed from a two-lane street with parking on both sides to a four-lane street with no parking allowed. This was done in order to obtain State Aid funds to replace the deteriorated concrete street panels. Since 1989 the State Aid rules have changed the width requirements for streets. Currently a street carrying over 10,000 ADT with 2 lanes of traffic and 2 parking lanes must be a minimum of 42' wide from face of curb to face of curb. The width of 37th Avenue is 44'.A letter was sent to the State Aid Office in 1999 requesting information on what would be required to reinstate parking on the north side of 37th Avenue from Tyler Street to Hart Boulevard. The reply was that there is no specific procedure to request the change but all State Aid roles and policies must be followed. Residents along 37th Avenue who were present at the 1999 Traffic Commission Public Hearing were in favor of reinstating parking on the north side of 37t~ Avenue from Tyler Street to Hart Boulevard. The main concern expressed revolved around the perceived travel speed in excess of the posted speed along 37th Avenue. It was discussed that narrowing the travel way with a parking lane would slow traffic down. It was also expressed that it is dangerous being right next to the travel lane when mowing the lawn and shoveling snow in the driveway. Staffbelieves traffic will flow equally well with one or two travel lanes. Street parking could be reinstated on the north side of 37th Avenue until the street is reconstructed; however, parking along 37th Avenue will increase visibility problems with the number of driveways and skewed intersections. If ordered by the Council, staff will submit a formal request to the Office of State Aid and propose that the work could be completed in approximately 6-8 weeks. It is also staff's recommendation that the initial parking lane striping be placed on a trial basis until next smmner and reviewed by the council for safety and speed. A permanent lane marking would then be placed requiring sand blasting the existing striping and placing a new parking lane stripe at 8 feet from face of curb. Recommended Motion: Move to accept the petition from the abutting property owners along 37th Avenue requesting the removal of the No Parking Restriction on 37th Avenue from Tyler Street to Hart Blvd. Recommended Motion: Move to reinstate parking on the north side of 37th Avenue from Tyler Street to Hart Boulevard on a 1 year interim basis based on the petition received and a former recommendation (1999) of the Traffic Commission. KH:jb Attachment: Petition COUNCIL ACTION: 1'7.5 ~ 37~>'/qvc N. >5 .4 i /¢v¢. CITY COUNCIL LETTER Meeting of: 8/12/02 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: CITY MANAGER NO: -~ -~_~ '~-- PUBLIC WORKS~? ~y~.~ ITEM: HUSET PARK MASTER PLANNING BY: K. Hanseriwt/,,~... BY: PROPOSALS DATE: 8/6/02 ~ DATE: Background: The Park & Recreation Commission directed staffto prepare Request for Proposals (RFP) at their July 2001 regular meeting. Staff prepared and sent out copies of the RFP to eight from, a copy of which is attached. Three proposals were submitted meeting the requirements stated in the RFP. Twenty thousand dollars has been budgeted in the 2002 Public Works Parks budget for this work. Analysis/Conclusions: The intent of a Master Plan for Huset Park is to provide a detailed plan of the entire park to work from. With financial constraints, complete redevelopment of the park is unlikely. Therefore, it is the desire of the Park and Recreation Commission and City Staff to have a detailed working plan to rehabilitate or rebuild elements of the park in phases, as funding becomes available. The Master Plan will also provide cost estimates of each park element or amenity and provide an evaluation of financing options for the short and long term redevelopment plan. A primary component of the plan will include public participation in development and review of site layouts. These will ultimately be narrowed down, refined, and then reviewed by the Park & Recreation Commission for recommendation on to the City Council. An additional component of the plan will be an initial review of the surface hydrology and how those needs, such as storm water ponding, will fit into the park setting. Based upon the final Master Plan, staff has also requested assistance for the preparation of a grant application to the MNDNR through one of their annual funding programs. Staffhas reviewed each of the proposals and prepared a ranking grid based upon the criteria given in the RFP. On this basis, city staff and the Park & Recreation Commission are recommending the fLrm of Bonestroo, Rosene and Anderlik (BRA) to complete the Huset Park Master Plan. We feel that BRA had the best understanding and approach to the Master Plan project, had excellent references and the best overall and/or related experience in the park planning and master planning as requested in the RFP. BRA has also performed the City's Storm water related engineering over the last 4 years and has performed study in the Van Buren and Huset area. Recommended Motion: Move to table the acceptance of proposals for a period of 60-90 days until additional information is available for the City of Columbia Heights' Industrial Area Market Study. Alternate Recommended Motion: Move to accept the proposal from BRA for the Huset Park Master Plan based upon their proposal dated June 28®, 2002, in an amount not exceed $19,467, and furthermore, authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachments: Ranking Grid COUNCIL ACTION: CITY COUNCIL LETTER Meeting off August 12, 2002 AGENDA SECTION: ORIGINATING CITY NO: ~- ~' 3 DEPARTMENT: MANAGER'S CITY MANAGER'S APPROVAL , ,, CHARTER COMMISSION REFERENDUM ITEMS COMMMISSION/CITY DAT FOR THE FALL, 2002, GENERAL ELECTION ATTORNEY NO: DATE: 8-7-02 Over the past year, the Charter Commission has presented to the City Council three different charter changes affecting five different parts of the City Charter. As these changes were not unanimously approved by the City Council, the Charter Commission has decided to place these items on the fall, 2002, general election ballot. The City Attorney has prepared the ballot language for the City Council's approval. Regarding the issue of control of the Police Department, it is proposed that the ballot language shall read: Under the current city charter, the Police Department is under the control of the Mayor. Shall the Home Rule Charter of the City of Columbia Heights be amended to place control of the Police Department under the City Manager? Regarding the issue of the reading of ordinances, it is proposed that the ballot language shall read: When considering a new or amended ordinance, shall the Home Rule Charter of the City of Columbia Heights be amended to require a four-fifths (4/5) rather than an unanimous vote of the City Council to waive the public reading of the ordinance, provided all other requirements of the Charter are met? Regarding the issue of the City Manager's spending limit, it is proposed that the ballot language shall read: Currently the City Manager must seek authorization from the City Council before spending more than $3,000. Rather than requiring a Charter amendment any time the City Manager's authorized spending limit is adjusted, shall the Home Rule Charter of the City of Columbia Heights be amended to authorize the City Council to adjust the City Manager's spending limit by resolution? RECOMMENDED MOTION: Move to approve the ballot language for the three referendum charter issues as stated above. COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: AUGUST 12, 2002 AGENDA SECTION: I ORIGINATING DEPT: CITY MANAGER NO: ~'-~ ('~" ~ [ FINANCE APPROVAL ITEM: PURCHASE OF PROPERTY ON BY: ~~TE ~~ UNIVERSITY AVENUE AND 53m) STREET FOR A LIQUOR STORE DATE: 08/07/2002 NO: At the City Council work session of August 5th staff reviewed the proposal to purchase two properties on 53rd and University to be used for the construction of a new liquor store. The current liquor store in that area was built in 1964. It has seen some significant deterioration and is in need of structural improvements. In addition to this, the store is inadequate in size to accommodate the level of business at that location. As the store was constructed in 1964, it does not meet current setback and zoning requirements. The construction of a new store would allow us to develop a site that would have proper screening from the residential property and be able to efficiently handle our current level of business. It would also allow for future increases in business. As was discussed at the work session, when the new Fridley store opened, we experienced a significant decrease in business at the University Avenue store. It is felt that this is primarily due to the fact that Fridley had a newer, larger, more attractive store with better merchandising. In developing a new store, we anticipate that we would recover this lost business and greatly increase our business at this location. At the present time, staff is recommending that the City Council authorize the Mayor and City Manager to enter into a contingency purchase agreement with the owners of the two properties, the properties being the Texaco station on 53rd and University and the laundromat immediately to the south of the gas station. The contingencies would be that the purchase of each property is contingent upon the purchase of the other property and that the buyer have the opportunity to evaluate all leases, relocation costs, and other financial information necessary to conclude the project. These contingencies are similar to the contingencies placed on the purchase agreement for the Central Avenue property. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into contingent purchase agreements for the two properties on 53rd and University for the future construction of a new liquor store. WE:sms 0208072COUNCIL Attachments COUNCIL ACTION: CITY COUNCIL LETTER ' MEETING OF: AUGUST 12, 2002 AGENDA SECTION: WORK SESSION ORIGINATING DEPT: CITY MANAGER DISCUSSION DOCUMENT FINANCE APPROVAL NO: UNIVERSITY AVENUE AND 53~'D STREET FOR A LIQUOR STORE DATE: 07/31/2002 NO: As a follow-up to our previous meetin,grdS and discussions with the Solz brothers of TGS Partnership, staff is proposing to purchase the property at 53 and University Avenue for a new liquor store. TGS Partnership, who was hired by the City in September of 2001, has researched several possible properties on University Avenue. At the present time, the owner of the Texaco Station on 53*d and University has indicated a willingness to sell his property. In addition to this, the Solz brothers have spoken with the owner of the adjacent building which houses a laundromat, a beauty shop, and the business offices for Galaxy Auto. The combination of these two properties would provide an excellent location for a new liquor store on University Avenue. The Texaco Station alone would provide a minimum amount of property for a liquor store. We could utilize this property by itself but we would have a limited amount of parking and the building design would be longer, narrower and less desirable. Subsequently, it is staff's recommendation to authorize the Solz brothers to pursue acquiring both properties. In relationship to acquiring this property, Larry Scott, Liquor Operations Manager, has done a rough site drawing that would indicate that on the Texaco property alone, we could have approximately 20 parking spots. However, Larry was vague as to the City requirements on setbacks and other crucial items. In reviewing this with the Community Development Department, Bob Streetar suggested that we hire a professional planner from an outside consulting finn to perform a formal site plan. If the council desires, we can hire a professional planning firm to complete a formal site plan. From a financial standpoint, relocating and building a new store on University Avenue could reduce net profits for the liquor operation. This is due to the low overhead and operating expenses of the current store, which is fully depreciated. However, the offset to this is that we definitely need a larger, better-designed facility on University Avenue to accommodate our level of business. Also, when the new Fridley store opened approximately two years ago, we did experience a significant decline in business. Staff feels that we could recover a considerable amount of this business with a new, more modem facility. This recovered business could greatly offset the additional costs of the new facility. Staffwill be available at the work session to discuss this item in greater detail. RECOMMENDED MOTION: Work session discussion only. WE:sins 0207311 COUNCIL Attachment COUNCIL ACTION: BEN. ESTATE PBOPEBTV iIOWISORS 3050 STINSON BOULEVARD NORTHEAST MINNEAPOLIS, MINNESOTA 55418-2322 Phone 612.789-7553 Fax 612-781-2002 July 21, 2002 TO: THE CITY OF COLUMBIA HEIGHTS SUBJECT: THE PURCHASE OF PROPERTY ON UNIVERSITY AVENUE N.E. ENCLOSED PLEASE FIND PROPOSALS FOR THE PURCHASE OF PROPERTY ON UNIVERSITY AVENUE TO BE USED BY THE CITY FOR RETAIL SALES. CONTrNGENCIES WOULD BE STATED IN THE PURCHASE AGREEMENTS TO GIVE PROTECTION TO THE CITY IN CASE EVERYTHING CANNOT BE WORKED TO THE SATISFACTION OF BOTH PARTIES. SINCERELY, C.K)RDON B. SOLZ THOMAS G. SOLZ PROPO,C~AL FOR PURCHA,C~E OF UNIVERSITY A VENUE PROPERTY PURCHSE PRICE PARAMETERS $1,000,000 TO $1,100,000 DOWN PAYMENTS $10,000 EACH (TO BE HELD IN ESCROW) CONTIGENCIES: 1. ACCEPTANCE BY THE CORNER PROPERTY OWNER OF AN OFFER BY THE CITY OF COLUMBIA HEIGHTS WITH A CONTINGENCY THAT THE PROPERTY TO THE SOUTH IS ALSO PURCHASED BEFORE THE SALE IS TO BE COMPLETED. e ACCEPTANCE BY THE SOUTH PROPERTY OWNER OF AN OFFER BY THE CITY OF COLUMBIA HEIGHTS WITH A CONTINGENCY THAT THE PROPERTY TO THE NORTH IS ALSO PURCHASED BEFORE THE SALE IS TO BE COMPLETED. IN THE EVENT THE TWO PROPERTIES CAN NOT BE PURCHASED, THE ESCROW FUNDS WOULD BE RETURNED TO THE CITY OF COLUMBIA HEIGHTS. PURCHA,¥E PROPONA L SOUTH PROPERTY THE PURCHASE OF THE SOUTH PROPERTY cOULD HINGE ON THE BUILDING TO THE SOUTH BEING REPLACED BY A NEW STRUCTURE TO BE CONSTRUCTED ON THE PRESENT SITE OF THE STORE WITH THE MONEY TO BE PAID FOR THE CONSTRUCTION AND AN EXCHANGE OF THE LAND. THE TWO PARCELS ARE BOTH 80' ON ~ FRONTAGE ROAD. THE BUILDING PRESENTLY IS 3600 SQUARE FEET. A SECOND PROBLEM EXISTS WITH THE TENANTS OF THE BUILDING TO THE SOUTH, ONE TENANT IS ON A MONTH TO MONTH LEASE BUT THE LARGER TENANT HAS $ OR 4 YEARS ON THEIR LEASE WITH AN OPTION FOR RENEWAL. IF THE NEW BUILDING IS CONSTRUCTED AND THE TENANTS ARE THEN MOVED IN, THE SOUTH BUILDING COULD THEN BE TORN DOWN. THE NEW STORE BUILDING COULD BE CONSTRUCTED BEFORE ALL OF THIS TRANSPIRES, BUT IT WOULD HAVE TO OPERATED WITH LIMITED PARKING WHILE THIS IS ALL TAKING PLACE. ALSO, THE AUTO REPAIR WOULD HAVE TO BE ASSURED THAT THEY WILL HAVE SUFFICIENT ROOM FOR ACCESS BY THEIR VEHICLES INTO THE BAYS. THESE PROPERTIES ARE THE BEST LOCATION FOR A NEW STORE WITH LIMITED EXPOSURE TO HOMES AND 53rd TO THE NORTH SIDE. COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES July 2, 2002 The meeting was called to order by Chair, Barbara Miller. Those present were Catherine Vesley, Julienne Wyckoff, Patricia Sowada, Nancy Hoium, Barbara Miller, David Holmgren and Becky Loader. It was moved, seconded, and passed to approve the minutes of the June 4, 2002, Board meeting as mailed. Bill list dated 6/24/02 was reviewed. It was moved, seconded, and passed that they be paid. Bill list dated 7/8/02 was also reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. The first CHASE aide payroll deduction has been posted. The CHASE accounting was reviewed. Old Business: 1. An update on 75th Anniversary plans was presented. a. The banner has been ordered. b. 75th Anniversary stickers to be placed on library cards have been ordered. c. 112 pictures have been taken for a slide show and work is progressing on this PowerPoint presentation. A Jamboree Parade report was given. All members who participated felt that there was very positive feedback from the public. The changed parade route may have contributed to the lower tumout rate. Plans for a 75th anniversary entry for the parade next year were briefly discussed. 3. Information concerning the reductions in LDS staffing was reviewed and discussed. There is no new information on how Federal funds and grant money will be administered. 4. The budget has been submitted to Finance in the format required. There is no update at this time. 5. A report on the new Intemet procedure was provided. There have been 11 non-resident temporary cards issued at this time. The Mady's site xvas discussed. The city is contracting with Shaffer Robinson for a proposal and analysis of a mixed-use facility. Bob Streetar, Community Development Director, will include the Library in the planning process. New Business: 1. Plans for the ILS (Integrated Library System) are progressing. remaining to be replaced with PC's. Columbia Heights has 5 "dumb" terminals 2. It was moved, seconded and passed to transfer $200.00 from line item 2 ! 71' General Supplies to line item 2010: Minor Office Equipment 3. Crossover statistics were reviewed. Two maintenance items were discussed. The air conditioning unit was affected by a fluctuation in voltage. Honeywell was called. The elevator has been out of service since June 21st. There was a problem with the hydraulics, and Schindler Elevator is working on correcting the problem. One of the princesses from the 2002 Jamboree, Joy Hill, came in and offered to donate some Community Service time to the library. She was asked to participate in several different library sponsored programs and to help at the fundraiser in November at Barnes & Noble. 6. The painting to be done on the exterior of the building is in progress. 7. The condition of the lawn was discussed. Alternatives will be explored after the painting is completed to "spruce up" the library's appearance. 8. The article that appeared on 6/24/02 in the Star Tribune concerning the Internet was reviewed. 9. The information about the search for a new Minneapolis Public Library Director that appeared in the Star Tribune on July 2, 2002, was discussed. 10. Catherine Vesley requested that a Foundation brochure be assembled as soon as possible. The Foundation Board will meet after the regular Library. Board meeting on August 6th to accomplish this task. There being no further business the meeting was adjourned at 8:20 p.m. R~spectfully submitted, Jeanine M. Schmidt Secretary to the Library Board of Trustees. The CiO' 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. HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JULY 16, 2002 CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Marlaine Szurek at 6:36 p.m., July 16, 2002, in the Park-view Villa Community Room B, 965 40t~ Avenue NE, Columbia Heights, Minnesota. : ROLL cALL Commission Members Present: Marlaine Szurek, Julienne Wyckoff, Bruce Nawrocki and Dennis Ecklund .Ir. Commission Members Absent: Staff Present: Gary Peterson and Bobby Williams Walt Fehst, Executive Director Robert Streetar, Deputy Executive Director Randy Schumacher, Comm. Dev. Assistant Anita Kottsick, Parkview Villa Housing Administrator Shirley Barnes, CEO, Crest View Corporation Cheryl Bakken, Secretary CONSENT AGENDA Approval of Minutes Approve the Minutes of Regular Meeting of April 16, 2002. MOTION by Nawrocki, second by Wyckoff, to approve the minutes from April 16, 2002, regular meeting as presented in writing. All ayes. Motion Carried. REPORT OF MANAGEMENT COMPANY Kottsick indicated the sump pump isn't working property in the south garage. Staff is working on replacement bids. Staff is still working to obtain bids for repair of the sidewalk area by the middle entrance to the building. Kottisk reported the new surge protectors are working well. There was a power surge last Friday at 3:30pm in the south building, which turned out that the battery was low and was replaced. One resident reported today, the entrance door hit her wheelchair as she entered the building. Staff will work with the resident to determine what the problem was and correct it as soon as possible. Kottsick will be on vacation July 20~ thru July 29'~, and that William Jones will be handling any issues that may arise at Parkview Villa. Barnes indicated that around September I't, Kottsick will be leaving her administrative position at Parkview Villa and going to the new senior assisted living building on 42~d and Central. She thanked Kottsick for all her hard work at Parkview Villa and then introduced the new administrator, William Jones. Jones stated he is from Chicago, has worked for the Crest View Corporation as their Environmental Services Director and that he loolc~ forward to working with the City of Columbia Heights and the residents of Parkview Villa. Jones, was also welcomed by Boardmembers and staff. Kottsick thanked the Board for giving her the opportunity to work with them, staff and the residents of Parkview Villa in the last year. The Boardmembers thanked Kottsickfor her understanding, cooperation and concerns of the residents of Parkview Villa. Housing & Redevelopment Authority Minutes July 16, 2002 Page 2 of 3 ITEMS FOR CONSIDERATION PARKVIEW VILLA NORTH AND SOUTH CAPITAL IMPROVEMENT PLAN Streetar stated at the April 16, 2002 HRA meeting, the board approved a $6, 700 contract with TKDA to prepare a 15-year Capital Improvements Plan for both the North and South buildings. The HRA has until September 30, 2002 to spend $108,000 remaining from the 2000plan or loose the funds. In TKDA's report two emergency issues are identified: 1) the replacement of the roof on the North building, which is 27years old; and 2) repairs to the leaking roof between the North and South buildings. Dean Johnson from TKDA was present and answered some of the questions relating to the CIP report. Johnson indicated the items are listed in the order of priority, felt they could develop plans and construction specifications for the roof projects in a timely manner so the 2000funds could be used for the projects, and explained the problems they found with the two buildings were moisture and basic aging issues. MOTION by Wyckoff, second by Szurek, to approve the five-year CIP for Parkview Villa North and South and authorize TKDA to develop plans and construction specifications for the Parkview Villa North roofing projects, with the roofing improvements to be paid for using year 2000 and 2001 HUD Capital Fund Program funds. Nawrocki asked if staff has obtained bids for the roof projects and if not, he would request a division of the motion. Streetar indicated staff has not gone out for bids yet due to the cut off time of September 30th for the funds to be used. Resident, Robert Ruettimann suggested the Board vote on the motion tonight and hold a special meeting in two weeks to review and approve the bids for the roofing, allowing time for the roofs to be repaired-prior to the winter season without loosing funding. MOTION by Wyckoff, second by Szurek, to approve the five-year CIP for Parkview Villa North and South. All ayes. Motion Carried. MOTION by Wycoff, second by Szurek to authorize staffto solicit bids for the drafting of specifications for the replacement of the Parkview Villa North roof and the repair of the roof area connecting Parkview Villa North and South. All Ayes. Motion Carried. RESOLUTION 2002-05~ APPROVING CALCULATION OF PERFORM.a~CE FUNDING SYSTEM OPERATING SUBSIDY SUBMITTAL TO HUD Streetar indicated HUD requires a Board Resolution for the submittal of the Calculation of Performance Funding System Operating Subsidy, Forms 52574 and 52723 prior to submittal. Staff has prepared Resolution 2002-05 along with the related forms for Board review. Housing & Redevelopment Authority Minutes July 16, 2002 Page 3 of 3 Nawrocla' indicated that on the Board Resolution forrn 52574, the spelling of Columbia should be corrected prior to submittal. Staff will make the change. Kottsick explained some of the line items to the Board. MOTION by Nawrocki, second by Wyckoff, to Approve Resolution 2002-05, being a Resolution of the Columbia Heights Housing & Redevelopment Authority confirming approval of the Calculation of Performance Funding System Operating Subsidy for 2002; and furthermore, to direct the Executive Director to forward same to the U.S. Department of Housing and Urban Development. All ayes. Motion Carried. ADJOURNMENT Chair, Szurek adjourned the meeting at 7:13 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:X~-IRAMinutes 2002\7-16-2002 THE MINUTES OF THE q-fit ~ TELECOMMUNICATIONS COMMZSSZONTHESE MINUTES HAV FROM THURSDAY, JULY18,2002 NOT BEEN APPP VED. The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Council Representative: City Representative: Legal Counsel: AT & T Broadband Rep: Dennis Stroik, Dave Mahoney, Bob Buboltz,, Reuben Ruen, Brad Peterson, Dan Swee Brace Nawrocki Linda Magee and Jean Kuehn Stephen Guzzetta Kathi Donnelly-Cohen Also present was Todd Hartman, Legal Counsel for AT & T Corp. APPROVAL OF MINUTES Motion by Bob Buboltz, second by Dave Mahoney, to approve the minutes from the meeting of June 20, 2002. AH ayes. OLD BUSINESS A. Channel Check Bo Everything was ok except for the following blank channels: 14, 18, 20, 28, 61, 68, and 69. All of the channels were former analog channels that have had their programming switched to digital, except channel 18, which is the educational access channel and is the responsibility of the school district. Correspondence Log and Complaint Follow Up. Complaint by Audra Legler, 3839 Hart Blvd #318-She thought she was being billed for service she had cancelled, but she actually had a credit balance that will be refunded to her. She was contacted and her billing was explained to her the same day. Kathi Donnelly-Cohen reported on the Digital Converters Safety Bulletin that was issued-We were notified 7/15/02 that Motorola Digital Converters may have a potential fire risk. This affects converters installed from April 1 to June 7. The company is sending out notices to those customers who may have had a converter installed during this time period. They are scheduling service calls at the customer's convenience to replace the converters. It should be noted that no fires have occurred thus far. Status of Cease and Desist Order to AT & T Steve Guzzetta stated that they are still waiting to review the new language being drawn up. Kathi reported that Dave Seykora and Thomas Creighton met and came to an agreement on this issue. She will report back to the Commission at a later time the details &the resolution. TELECOMMUNICATIONS COMMISSION MINUTES July 18, 2002 Page 2 D. AT & T's Current Reporting of Telephone Statistics Kathi has been working with Tim Finnerty on an acceptable format for reporting of telephone statistics. They have also been working with the call center to establish the most accurate detail for the reports. Old Business There was no other new business. NEW BUSINESS Resolution Denying without Prejudice, the Application of AT & T Corp for Approval of the Transfer of Control of the Cable Franchise of AT & T Broadband At this time we called Garth Ashpaugh, the CPA, who performed the review of the figures on behalf of the city. He was put on speaker phone so he could participate in the discussion that took place. Steve Guzzetta made his presentation first. He explained that the Commission's purpose is to make a recommendation to the City Council regarding the transfer of control from AT & T Broadband to a new corporation called AT & T Comcast Corporation. He explained that this is a merger of the #1 and #3 cable system operators in the country. He also explained that his law firm and Ashpaugh's Firm are separate and have no vested interest in each other or in each others findings. Steve then passed out an index of the materials reviewed. Motion by Bob Buboltz, second by Brad Peterson to accept the attorney's index list as presented and enter it into record. All ayes. AT & T's legal counsel stated there were some discrepancies in the index presented from the index they had in their records. However, amendments can be made to the index as necessary in the future. Guzzetta went on to state that reports from Creighton, Bradley & Guzzetta and from Ashpaugh & Sculco, CPA's were enclosed in the agenda packets. The analysis was prepared from detailed financial information provided by AT & T. He noted that not all the information requested was provided. The reports were prepared without projections on the performa of the new company. And there was a difference of opinion regarding the debt that will be incurred after the merger. AT & T claims that no new debt would be incurred. And Ashpaugh states in his report that significant debt would result by the merger of the two companies. Guzzetta stated that AT & T is asking the Franchise holders to base their decisions on reports done by Wall Street Analysts, such as Bernstein, Morgan Stanley, Bear Steams, and Merrill Lynch. Guzzetta felt the analysts doing the reports have a vested interest in the outcome of the transfer. The reports were prepared for investors, not for the Cities considering a merger, and each of the entities they represent stand to receive compensation as investors. Morgan Stanley had been contacted with questions of what they were basing their report on, and they failed to respond. TELECOMMUNICATIONS COMMISSION MINUTES July 18, 2002 Page 3 Guzzetta stated that other consultants working on this merger have questioned the financial ability of the two companies merging and moving forward as one. Even though they didn't go to the length of denying the transfer, none of them actually recommended approval either. Based on the information provided, it is evident there will be a negative cash flow for several years. They have a large debt load and will need to make further capital expenditures over the next few years. On page 18 of the May 29, 2002, Report submitted by CBG LLC, Ashpaugh responded to 13 questions regarding availability of funds for capital and operating expenditures, for upgrades, for support of access channels, for training of personnel and customer service staff, for improvements to call centers, maintenance of Emergency Alert Systems, to improve programming and services offered subscribers, how it will affect rates, etc. His response to all of these questions was that there would be a detrimental impact on subscribers, and possibly significantly. Based on the numbers and facts he was provided, he feels subscribers will be negatively impacted in regards to costs, service and technical upgrades. He stated in his supplemental report dated June 28, 2002 that his decision is not based on the recent events involving WorldCom or other companies in the news. It is based on a decision to protect subscribers and limit the adverse affects to their service provided under the current fi:anchises. AT & T claims that revenue growth was not considered for the report. Ashpaugh stated that he was not provided any projections from either company and that because of significant changes during the last few years in the customer base, he was unable to make a meaningful analysis of the numbers without adjusting for the changes. He had to go by the information supplied on the FCC Forms. He explained the burden of providing information is on the applicant, not on the City. AT & T claims their debt will be reduced if they could unload some of the entities they now have. However, they have been trying to sell some of these investments for the last 1 ½ years to no avail. So if they have no one willing to buy what they want to sell, this may not be a possible solution to their problem. AT & T currently has a good bond rating, but this can change as soon as the merger takes place. The bond rating means that they have met their debt payments in the past, but does not guarantee future fmancial stability or the fact that they won't raise rates to help offset those debts. Guzzetta said there is more than a reasonable basis to deny approval of the transfer based on the facts. He feels the large debt load that will come with AT & T will make both companies weaker. Customer Service may suffer due to combining services and personnel, and they are having trouble meeting the minimum standards now. He explained that if the application is denied, AT & T could keep the franchises or sell to someone else, but they are under legal obligation to keep providing service to our system. Todd Hartman, fi:om Roberts Kaplan Firm, the legal counsel for AT & T was introduced. He began by stating that AT & T has completed upgrades to our system and has provided new services to subscribers since purchasing the system several years ago. They are looking forward to partnering with Comcast and combining skills and specialties to provide subscribers with more services. He claims that no new debt will be created, but that they each have large debts that will be combined. AT & T Corp has assigned $15 billion to AT & T Broadband for this transaction for their operations and this amount will need to be re-paid over the next 5 years. The transaction itself does not increase the debt. He stated that this will be the most scrutinized merger to ever be reviewed because both companies are so large. He feels the response to the merger has been favorable by both Wall Street and the MN Public Utilities Commission. 90% of the communities have already approved the merger. He said Ashpaugh, the CPA, who reviewed the information for our system was the only consultant to recommend denial. He feels this was due to a misunderstanding regarding the projection figures and TELECOMMUNICATIONS COMMISSION MINUTES July 18, 2002 Page 4 other confidential information that cannot be shared by the two companies during the legal process. He said Ashpaugh's report indicates 0 growth and that it has affected the analysis overall. Hartman said the overall picture does not take into account the $22 billion in investments that could be sold to lessen the debt load. The ability is there, but nothing is in process at this time to do so. He said the debt to equity ratio would actually improve after the merger compared to AT & T's high debt ratio it currently has on its own. He claims rates would be more reasonable as they would be buying a larger market share and would get a better rate. Hartman feels that AT & T Broadband was found qualified to operate this system, and that Comcast has proven to be qualified to operate other systems, so why not together? Kathi Donnelly-Cohen stated that several systems in this area have approved the transfer with conditions. If we deny this transfer, our system could be isolated. The transfer may possibly go through without our approval and how it would affect call centers, customer service, programming, etc. is unknown. Guzzetta again reiterated that AT & T is in a negative cash flow situation, and that this debt will be assumed by the new AT &T Comcast Corp. The favorable reports Mr. Hartman refers to are not specific to this transaction, but to the Industry as a whole. He also read excerpts fi.om some of the other consultant's reports. While they didn't recommend denial, they did question the financial stability of the corporations and how this might adversely affect subscribers once the transfer is complete. He also stated that selling their investments may not solve their problems, as there is no one willing to purchase what they want to sell. It was also noted that in the first quarter 2002, AT & T Broadband has lost 149,000 subscribers, and most analysts do not project much growth. Ken Henke was unable to attend the commission meeting on Thursday evening. He sent the following comments that were read into the record: "Like Tom, I am concerned about the large debt load being assumed by the new combined cable company with no explanation as to how they plan to pay it off. As an analogy I point to AOL and their acquigition of Time Wamer. Almost immediately after the acquisition, the stock prices took a tumble and AOL's rates went up a little bit. Probably not as much as they would have gone up because there are a lot more intemet companies out there than there are cable companies. As a counter to the debt load problem, I would ask the question: was there a similar debt load in the other situations where the cable company changed ownership? I don't remember any, but then my memory tends to be a little faulty on such subjects. I don't think that there is any bank or lending institution out there that would provide anyone a loan without some reassurance that the loan would be paid off. In essence the cable company is getting a loan for $32 billion and I see no collateral or means of paying offthe loan other than selling off what I would see as questionable assets and the raising of rates to their customers. I am inclined to take the advice of our lawyer and accountant, that this merger is not in the best interest of the Citizens of Columbia Heights." TELECOMMUNICATIONS COMMISSION MINUTES July 18, 2002 Page 5 Nawrocki questioned the financial status of AT & T compared to that of the proposed new company of AT & T Comcast. He asked Mr. Ashpaugh if AT & T continued to mn the cable system what his answers to the 13 questions would be. Ashpaugh responded that he hadn't analyzed this prospect, and as he was not provided requested information by AT & T, it would have been hard to do so. He did state that AT & T is not in a good position financially in most facets of their corporate system. Nawrocki asked if AT & T is in a worse financial position than Comcast. The response was, for the most part, yes. Nawrocki felt if this was tree, than the merger would help the financial viability of the company to continue providing service better than if AT & T was standing alone. When asked his opinion, Ashpaugh said Charter is in the best fmancial situation, with Cox and Comcast in the middle, followed by AOL Time Warner, and AT &T being at the bottom financially. Dave Mahoney felt that AT & T wouldn't risk losing their cable system if they didn't think it would work and that they could get their $15 billion re-paid. Brad Peterson questioned whether their Board of Directors and CEO's were receiving huge compensations because of the merger that adds to the debt load of the two companies. Hartman addressed that topic and then went on to explain that the majority of Comcast stock is held by Brian Roberts, CEO of the company, and his family. He said that his reputation, and risk of the family fortune almost guarantee the merger's success, and that he must feel confident about taking on AT & T's debt, and the ability to pay it off. Dan Swee asked about how Columbia Heights would fare when outages occur and repairs are needed with a larger system. He also inquired whether franchise fees would be affected. Hartman responded that customer service and repairs to the system should remain the same and the percentage that franchise fees are based on would not change. Brad Peterson asked if we denied the transfer and the merger went through, would it be a violation of the franchise? AT & T Comcast would not have the rights to provide our service. However, an agreement dould be reached to continue service, and litigation would probably be pursued by one side or the other. Because the headend and infi'astructure would be owned by AT & T Comcast, a Shared Network Facilities Agreement would probably need to be drawn up. The Bell Phone Systems have operated under these an'angements in the break up of the phone company. As the merger is scheduled to close by the end of 2002, AT & T is hoping to get the necessary approvals shortly and then to obtain the FCC approval. Nawrocki stated that he had spoke with four other attorneys involved in this transfer issue for more information. He also stated that he feels there should be a good reason for denying the application, and in his mind, it boils down to the financial viability of the company to continue to provide service as required by our franchise. He feels the new AT & T Comcast Corp. is in a better position to do so. Swee said if the two companies want to merge, let them. If rates do increase, people will seek service elsewhere. It is a luxury item and if costs get too high, they will lose subscribers. This is already being evidenced by the loss of subscribers over the last year. Motion by Brad Peterson, Second by Bob Buboltz, to recommend the City Council adopt a Resolution approving Transfer of Control of the Cable Franchise of AT & T Broadband, subject to incorporating the conditions determined by legal counsel and staff. Mahoney, Buboltz, Ruen, Peterson, Swee-ayes. Stroik-nay. MOTION PASSED. TELECOMMUNICATIONS COMMISSION MINUTES July 18, 2002 Page 6 Bo Offering of Spanish Channel Package A copy of a letter dated July 1, 2002 was enclosed in the packets explaining the changes being made to Digital Services. They will begin offering a special package for Spanish speaking customers July 1, 2002. The package is available on an ala carte basis with any Digital package. The Pay Per View channel Playboy Espanol will not be offered as was originally planned. Co Other New Business There was no other new business. REPORTS A. Bo Co Do Report of Commissioners Education-Nothing to report Government- Nothing to report Library-Nothing to report Public-Nothing to report Report of AT & T Broadband- Kathi reviewed the reports and answered questions for June 2002. Report of the Cable Attomey There was nothing further to report. Report of the Assistant to the City Manager Linda had nothing further to report. Motion by Dave Mahoney, second by Brad Peterson, to adjourn the meeting at 10.'25 pm. Ail ayes. Respectfully submitted, Shelley Hanson Secretary PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 6, 2002 7:00 PM These.- minutes not approved. The meeting was called to order at 7:00 pm by Commission Member Ericson. Roll Call: Commission Members present-Ericson, Schmitt, and Yehle Commission members absent-Ramsdell and Johnson Also present were Tim Johnson (City Planner), and Shelley Hanson (Secretary). Motion by Yehle, second by Schmitt, to approve the minutes from the meeting of July 9, 2002. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #: 2002-0807 325 Summit St Lot Split City of Columbia Heights A request has been made for a lot split of the property located at 325 Summit Street NE. Currently 325 Summit St NE consists of three lots (Lots 16, 17, 18) and measures approximately 11,730 square feet in size. The City is proposing to split offa portion of this property (Tract B), which will be used for a street and alley reconfiguration adjoining an area which is being redeveloped. Section 9.410(4) of the Columbia Heights Zoning Ordinance requires that an application for a lot split be reviewed by the Planning and Zoning Commission which shall provide a report to the City Council either recommending approval or denial of the proposed lot split. There are no previous Planning and Zoning Commission cases on this site. The surrounding property to the north is a commercial business. The properties to the south and east are single and multi-family residential. The properties to the west are City-owned properties and are vacant. This parcel is part of a redevelopment area that has been under consideration for the last two years. Once all the parcels are obtained, the redevelopment area will be approximately one acre in size. Once the portion needed for reconfiguring the street and alley is split, the City intends to re-sell the remaining portion that has a house on it. Planner Johnson reviewed the resolution and the survey that was prepared for the purpose of establishing the new legal descriptions for the parcels in question. PLANNING & ZONING MINUTES AUGUST 6, 2002 PAGE 2 Technical Review: Section 9.903 of the Columbia Heights Zoning Ordinance regulates lot area, setback, height and lot coverage requirements in the R-1 District, and Section 9.603 regulates accessory structures and lot coverage. Applicable requirements are as follows. Minimum lot size shall be 6,500 square feet for a single family home - the proposed split would provide 325 Summit St. consisting of Lots 17 and 18, with 8,410 square feet (Tract A), and will allow for Lot 16 (Tract B) with 3,320 square feet to be separated from Tract A. A portion of Tract B will actually be used for the proposed street and alley reconfiguration, and a portion is proposed to be combined with adjacent City-owned properties for redevelopment purposes. Any lot over 6,500 square feet may have a lot coverage of up to 30%-the lot coverage will be well under 30%, so the proposal meets these requirements. The City currently owns 3944 and 3950 Lookout Place, which are vacant commercial properties. The City is closing on the property at 3955 University Avenue (The former Conoco Station) in September. The City also owns 325 Summit St, and with the proposed lot split, a portion of Lookout Place would eventually be vacated, and the adjacent alley reconfigured. This reconfiguration would allow for a functional future redevelopment site of approximately one acre. The City is also currently negotiating to purchase the commercial business at 322 40th Avenue, thereby creating a more usable, larger and functional property. A future vacation of a portion of Lookout Place would create a safer intersection and open up a future development opportunity for the 40th and University Avenue corridor. The City Comprehensive Plan designates this area for future transit-oriented development, and the intended redevelopment of this area is consistent with the Comp Plan. The proposal also meets the minimum requirements of the Columbia Heights Zoning Ordinance. Staff, therefore, recommends approval of the lot split. Yehle questioned whether we have had any interest in the one acre site as of yet. Planner Johnson stated that there have been inquiries, but it hasn't been marketed yet. The City has been waiting to get all the purchases completed prior to pursuing any specific developers or uses of the property. Motion by Schmitt, second by Yehle, to recommend City Council approval of Resolution 2002- 49for the lot split of 325 Summit Street, as it is consistent with City subdivision standards. All ayes. MOTION PASSED. NEW BUSINESS There was no other new business. PLANNING & ZONING MINUTES AUGUST 6, 2002 PAGE 3 MISCELLANEOUS ITEMS Upcoming First Ring Suburb Planning Forum: The Richfield Planning Commission and other suburbs are meeting to discuss issues relevant to cities surrounding the Minneapolis area. Issues being considered important to all the first ring suburbs include age of the current housing stock, redevelopment projects, funding concerns, etc. The City of Richfield is hosting a meeting on September 9, 2002, in the evening. Commission members thought the concept of discussing these issues with other cities in similar situations was a good idea and sounded very interesting. Several of the members plan on attending the meeting. Motion by Yehle, second by Schmitt , to adjourn the meeting at 7.'14 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary CHARTER COMMISSION MEETING MINUTES THURSDAY, JULY 18, 2002 8 P.M. GAUVITTE ROOM JOHN P. MURZYN HALL CALL TO ORDER The meeting was called to order at 8 P.M. by President Tami Ericson. ROLL CALL Members present: Bill Antzaras, Charles Christopherson, Mel Collova, Tami Ericson, Jim Fowler, Nancy King, Ted Landwehr, Tom Ramsdell, Clara Schmidt, Joe Sturdevant Members absent and unexcused: John Banyard, Bob Buboltz, Janis Larson, Theresia Synowczynski Members absent and excused: Mike Hartel Also present: Jim Hoeft, City Attorney; Councilmember Marlaine Szurek STATUS OF MEMBERSHIP President Ericson introduced and welcomed Nancy King, our newest commission member. introduced herself and told the commission about her background and interests. Nancy APPROVAL OF MINUTES Motion by Tom Ramsdell, seconded by Ted Landwehr, to approve the minutes of the May 23, 2002, meeting as presented. Motion passed unanimously. Commission members reviewed the new membership roster list for any corrections. It was noted that a correction needs to be made to the e-mail addresses of Theresia Synowcyznski and Mike Hartel. CORRESPONDENCE None reported. OLD BUSINESS City Attorney, Jim Hoeft, advised the commission that he is working on paraphrasing the proposed charter .am, endm?nt lan ,g,u.a. ge fo~ the ballot. He is checking into the legal .aspects of the wording. The target date to nave me woraing to me county is July 22 or 23, and no later man the end of next week for approval, with the intent to have it back from the county by the next city council meeting. Discussion was made on how to get this information out to the voters in a simplified version. Suggestions of publishing information in both local newspapers, the water bills, and cable TV were made. Commissioner Sturdevant volunteered to talk to the Water Department to see if they can be put into the water bills; however, the concern was they may not have another billing before the November election. Commissioner Landwehr volunteered to compose a condensed version of the three charter changes. President Ericson is checking into how and where to have it printed. Suggestions were either have the city print it or have it printed at Marudas. Commissioners Fowler and King volunteered to distribute reformation to senior centers, the City Hall, the public Library, and other business establishments. Discussion then took place regarding a cable panel to present a round table on the air with invited key guests such as ~e Chief of Police, the City Manager, Councilmembers, Mayor, etc. Commissioners Landwehr, Smraevant, and Schmidt will work on panel questions, and President Ericson volunteered to be the narrator. President Ericson is also checking with the local newspapers (Focus and Northeaster). NEW BUSINESS None. NEXT MEETING DATE The next regularly scheduled meeting will be Thursday, October 17, 2002, at 7 p.m. at Murzyn Hall. ADJOURNMENT Motion by Commissioner King, seconded by Commissioner Antzaras, to adjourn the meeting at 8:30 p.m. Respectfully submitted, Clara L. Schmidt Secretary Columbia Heights Charter Commission 7-18-02 Page 2