HomeMy WebLinkAboutFebruary 10, 2003 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: wwmci, cohunbia-heights, mn. us
ADMINISTRATION
February 5, 2003
Mayor
Julienne Wy&off
Councilmembers
Robert ~4. Williams
Bruce Nawrocki
Tammera Ericson
Bruce Kelzenberg
CitF Manager
Walter R. Fehst
The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday,
February 10, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
liThe City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or
employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with
disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are
available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611,~
to make arrangements. (TDD/706-3 692 for deaf or hearing impaired only)
Invocation: Pastor Peter Law, Community Methodist ~
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
41
ADDITIONS/DELETIONS TO MEETING AGENDA
(The Council, upon majority vote of its members, may make additions and deletions to the age~da. These
may be items brought to the attention of the Council under the Citizen Forum or items submittq[d after the
agenda preparation deadline.)
PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS - none
CONSENT AGENDA
(These items are considered to be routine by the City Council and will be enacted as part ofth~
Agenda by one motion. Items removed from consent agenda approval will be taken up as the
business.)
A) MOTION: Move to approve the Consent Agenda items as follows:
1) Approve City Council Meeting Minutes for January 27, 2003
MOTION: Move to approve the minutes of the January 27, 2003, regular City Council
presented.
2)
~, Consent
~ext order of
meeting as
Accept Boards and Commissions Meeting Minutes
a) MOTION: Move to accept the January 8, 2003 minutes of the Human Services Corr,mission.
b) MOTION: Move to accept the January 22, 2003 minutes of the Park and Recreatior Commission.
c) MOTION: Move to accept the February 4, 2003 minutes of the Planning and Zoning Commission.
3)
Establish Date for Annual Board of Review ;
RECOMMENDED MOTION: Move to set the Local Board of Review meeting for Monday, April
21, 2003, at 7:00 p.m. in the City Hall Council Chambers.
THE
ALTERNATE MOTION: Move to set the Local Board of Review meeting for Monda]y, May 5,
2003, at 7:00 p.m. in the City Council Chambers.
CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
City Council Agenda
February 10, 2003
Page 2 of 3
4)
Authorize Staff to accept the matching OSHA Grant for the MN Dept. of Labor
MOTION: Move to authorize Staffto accept the matching OSHA Grant from the MN Department of
Labor.
5)
Accept Application for one-time Gambling Request by Tri-City Hockey Association.
MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling
Control Board indicating that the City of Columbia Heights has no objection to a one-time raffle
event to be conducted by the Tfi-City Hockey Association on February 14, 2003, at John P. Murzyn
Hall, Columbia Heights, MN, and furthermore that the City of Columbia Heights hereby waives the
remainder of the thirty-day notice to the local governing body.
6) Approve Conditional Use Permit for 4300 Central Avenue - Linder's Greenhouses
MOTION: Move to approve the Conditional Use Permit to allow the operation of a temporary mini-
garden center at 4300 Central 'Avenue from April 15, 2003 through July 15, 2003, subject to the
following condition:
1. A $500 deposit shall be submitted to the License/Permit Clerk prior to install of the
structures on the site.
7)
Adopt Resolution 2003-04, being a Resolution Appointing Commissioners to the Economic
Development Authority
MOTION: Move to Adopt Resolution 2003-04, being a resolution approving the appointment of
Tammera Ericson, Bruce Kelzenberg and Julienne Wyckoff as Commissioners to the Columbia
Heights Economic Development Authority.
8)
Adopt Resolution 2003-05, being a Resolution Appointing Commissioners to the Housing &
Redevelopment Authority
MOTION: Move to Adopt Resolution 2003-05, being a resolution approving the appointment of
Tammera Ericson, Bruce Kelzenberg and Patricia Jindra as Commissioners to the Columbia Heights
Housing & Redevelopment Authority.
9)
Approve Business License Applications
MOTION: Move to approve the items as listed on the business license agenda for February 10, 2003
as presented, and to waive the fee of $100 for Immaculate Conception Church's Temporary
Wine/Beer license for a fundraising event being held March 29, 2003.
10) Approve Payment of Bills
MOTION: Move to approve payment of the bills out of the proper funds as listed in the attached
check register covering Check Number 101943 through 102151 in the amount of $1,151,79.24.
e
PUBLIC HEARINGS
A) Rental Housing License Revocation for 120t5-1208 Circle Terrace Blvd NE
MOTION: Move to Close the Public Hearing Regarding thc Revocation or Suspension of thc Rental
License Held by Estate of Susan Loewenthal Regarding Rental Property at 120(5-1208 Circle Terrace
Blvd in that the Property Owner has corrected numerous deficiencies inside the building and has
received an extension to complete thc mst of the work.
7. ITEMS FOR CONSIDERATION
A) Other Ordinances and Resolutions
B) Bid Considerations
City Council Agenda
February 10, 2003
Page 3 of 3
C) Other Business
1) Approve Conditional Use Permit for 3989 Central Avenue - Area Learning Center
MOTION: Move to approve the Conditional Use Permit to allow for the establishment of an Area
Learning Center for Northeast Metro School District 916 at 3989 Central Avenue NE, as the Area
Learning Center is a substantially similar and compatible use with the other uses in the Central
Business District as determined by the Zoning Official.
8. ADMINISTRATIVE REPORTS
A) Report of the City Manager
1) Upcoming Work Session Items
B) Report of the City Attorney
CITIZENS FORUM
(At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda.
Citizens are requested to limit their comments to five minutes.)
10. COUNCIL CORNER
11. ADJOURNMENT
Acting City l~mager [ ~
pvin
OFFICIAL PROCEEDINGS
CITY OF COLUMBIA HEIGHTS
CITY COUNCIL MEETING
JANUARY 27, 2003
'THESE MINUTES
NOT BEEN APPRQVLD,
The following are the minutes of the regular meeting of the City Council held at 7:00 p.m. on Monday, January
27, 2003 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN.
Pastor Dan Thompson, Assembly of God Church, gave the invocation.
CALL TO ORDER/ROLL CALL
Present: MayOr Wyckoff, Councilmember Kelzenberg, Councilmember Williams, Councilmember Ericson,
and Councilmember Nawrocki
PLEDGE OF ALLEGIANCE
ADDITIONS/DELETIONS TO MEETING AGENDA -none
PROCLAMATIONS, PRESENTATIONS~ RECOGNITIONS AND GUESTS - none
CONSENT AGENDA
Walt Fehst, City Manager, read through the consent agenda items.
1) City Council Meeting Minutes for Approval
Motion to approve the minutes of the January 13, 2003, regular City Council meeting as presented.
2) Accept Boards and Commissions Meeting Minutes
Motion to accept the December 2, 2002 minutes of the Traffic Commission.
Motion to accept the January 7, 2003 minutes of the Library Board of Trustees.
Motion to accept the January 16, 2003 minutes of the Charter Commission.
3) Establish Work Session Meeting Dates for Monday, February 3, 2003 and Tuesday, February 18,
2003 be,m.'nning at 7:00 p.m. in Conference Room 1 - removed
4) Establish the date of the Local Board of Review meeting for Monday, April 7, 2003 at 7:00 p.m. in
the City Council Chambers. - removed
5)
Approve one year extension of Agreement with the Center for Energy and Environment
Motion to approve the One Year Extension to the agreement for Administrative Services between
CEE and the City of Columbia Heights through December 31, 2003.
Fehst explained that this group provides financing for home improvements. The City has pledged
$50,000 to match a grant to improve our housing stock. There is $15,000 remaining in City funds,
which would fund approximately another 15 loans. After these funds are expended, the decision will
be made to continue with this group or work solely with Greater Metropolitan Housing Corporation.
6)
Approve agreement between the City of Columbia Heights and Columbia Park Medical Group for
the operation and maintenance of a public parking ramp located at 4011 Van Buren Street. -
removed
Wyckoff stated that Columbia Park Clinic is responsible for the maintenance of this ramp. Fehst
City Council Minutes
January 27, 2003
Page 2 of 13
stated we pay about 19percent of the upkeep, in that we use approximately 19percent of the ramp.
Wyckoff stated there have been complaints about debris in the ramp. Fehst stated there have been
complaints at both ramps because of graffiti and debris.
Nawrocki stated that the 19 percent was not listed in the contract. He referred to article #4 of the
agreement and confusion on how much the City is paying compared to the clinic. Fehst stated the
stipend paid by the City is $2,000, with the 19 percent referred to in the original agreement. Fehst
stated that we are currently operating without a contract and this contract is needed so they
continue insuring this building. NawrocM stated the language does not indicate we are not
responsible for all maintenance costs.
Jim Hoeft, City Attorney, stated that the contract was drafted to address indemnification relating to
the insurance coverage. He was not involved in negotiating operating expenses, as it is not a legal
issue. Nawrocki indicated the contract heading does not refer to insurance.
Williams referred to Section 6.1 of the contract indicating that if terminated we would be responsible
and liable for this ramp.
Wyckoff asked if the Council wished to table the item. Williams stated there are termination rights of
120 days written notice.
7)
Approve Anoka County Joint Powers Agreement Score Funds
Motion to authorize the Mayor and City Manager to enter into the 2003 Joint Powers Agreement
with Anoka County to provide cooperation between the City and the County in the implementation
of the Residential Recycling Program and to make funds of up to $53,410.60 available as
reimbursement for eligible expenses.
Fehst stated this was approximately $500 less than last year. The Governor may look to pull back
some waste management funds. Jean Kuehn, Special Project Coordinator, oversees this program
and we receive awards in this area each year. Fehst stated this reduces the cost to residents for
recycling. Nawrocki requested a report on the program.
8) Authorize to seek bids for Road Materials for 2003
Motion to authorize staff to seek bids for the purchase of road materials for 2003.
9) Authorize to seek bids for 2003-2004 Tree Planting
Motion to authorize staff to seek bids for the 2003 -2004 Tree Planting Program.
Fehst stated that tree planting has been substantially reduced in our budget.
10) Authorize Public Works Blanket Orders for 2003 Purchases of Satellite rental, road de-icing
chemicals and fuel purchase
Motion to authorize staff to process blanket purchase orders in an amount not to exceed the 2003
budget amounts for:
- Annual satellite rental for seven City parks with Biffs from the Hennepin County Cooperative
Purchasing Contract and,
- De-icing salt for salt/sanding operations purchased off the State of Minnesota Contract, and
-Fuel (unleaded and diesel) for City Vehicles from the Anoka County Cooperative Agreement.
City Council Minutes
January 27, 2003
Page 3 of 13
11) Authorization to seek bids for 2003 Miscellaneous Concrete Replacement and Installation Project.
Motion to authorize staff to seek bids for the 2003 Miscellaneous Concrete Replacement and
Installation Project.
12) Authorization to seek bids for 2003 Street and Parking Lane Striping
Motion to authorize staff to seek bids for the 2003 Street and Parking Lane Striping Contract.
13) Establish a Hearing Date of February 10, 2003 for revocation or suspension of rental property
license at 1206-12-8 Circle Terrace Blvd NE.
Motion to Establish a Hearing Date of February 10, 2003 for Revocation or Suspension of a License
to Operate a Rental Property within the City of Columbia Heights against the Estate of Susan
Loewenthal at 1206-1208 Circle Terrace Blvd NE.
Nawrocki stated he did not receive information on the reason this hearing was being set.
14) Approve Rental Housing License Applications
Motion to approve the items listed for rental housing license applications for January 27, 2003.
15) Approve Business License Applications
Motion to approve the items as listed on the business license agenda for January 27, 2003 as
presented, and to waive the fee for the Immaculate Conception Fun Fest.
16) Approve Pawnent of Bills
Motion to approve payment of the bills out of the proper funds as listed in the attached check
register covering Check Number 101722 through 101942 in the amount of $846,849.66.
Nawrocki questioned if the fee reduction for Immaculate Conception's event should be part of the
motion to approve the consent agenda. Fehst agreed.
Motion by Nawrocki to approve the consent agenda items, except items #3, 4, 6, and to include
waiving the fee for the Immaculate Conception Fun Fest. Second by Williams. Upon vote: All ayes.
Motion carried.
#3 Establish Work Session Meeting Dates for Monday, February_ 3, 2003 and Tuesday, February 18,
2003 be,m.'nning at 7:00 p.m. in Conference Room 1
Fehst listed items for the February 3rd work session.
- Capital Improvement Bond - Ehlers and Associates will be present
- Credit card payments for utility bills
- Meeting with Chaudhary and Goodwin at 8:30 p.m.
- Fire Department matching Safety Grant project for replacement of turn out gear.
Sister City Committee request of funds for a welcoming reception for visiting dignitaries
from Lomianki. There may be five to seven people visiting who will be boarding at Totino
Grace.
Nawrocki referred to a meeting with State Legislators and handed out information received. He
asked if there was agenda for the proposed Februaryl 8th work session.
Motion by Nawrocki to set a work session meeting date of February 3, 2003 at 7:00 p.m. Second by
Kelzenberg. Upon vote: All ayes. Motion carried.
City Council Minutes
January 27, 2003
Page 4 of 13
Motion by Williams to set a work session meeting date of February 18th at 7 p.m. Second by
Ericson.
Nawrocki indicated that Parliamentary Procedure states an agenda should be given when calling a
meeting. Williams indicated this has been past practice allowing Councilmembers to set their
schedules, and that the City Attorney has agreed. Ericson stated that an agenda for the February
18th work session wouM be announced at the February 10, 2003 City Council meeting.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1
nay. Motion carried.
#4 Establish the date of the Local Board of Review meeting for Monday, April 7, 2003 at 7:00 p.m.
in the City Council Chambers.
Nawrocki indicated there are not several options for dates as in the past. Linda Magee, Assistant to
the City Manager, indicated the County has specific dates set aside to meet with municipalities and
this was the date they requested.
Motion by Williams, second by Kelzenberg, to set the date of the Local Board of Review meeting
for Monday, April 7, 2003 at 7:00 p.m. in the City Council Chambers.
Nawrocki referred to scheduling the 5th Monday of the month, allowing the following Monday to be
free of meetings.
Motion by Nawrocki to table the motion and to attempt to schedule the Board of Review for the fifth
Monday of March.
Ericson questioned Nawrocki as to why he was willing to set a year's worth of meetings when he
would not agree set a work session without an agenda. Nawrocki indicated his proposed schedule
was of suggested meeting dates. Fehst will check if March 31st would be acceptable to Anoka
County. Nawrocki indicated his disfavor of work sessions.
Motion by Nawrocki, second by Williams, to table setting a date for the Board of Review. Upon
vote: All ayes. Motion carried.
#6 Approve agreement between the City of Columbia Heights and Columbia Park Medical Group
for the operation and maintenance of a public parking ramp located at 4011 Van Buren Street.
Motion by Nawrocki to table the agreement for the public parking ramp for additional information.
Second by Williams.
Ericson asked how our liability would be affected. Hoer stated that it is our ramp and we do not
know if the clinic is maintaining insurance on it or not. Ericson stated that in light of this she could
not support tabling this item. Fehst stated these discussions have been ongoing since last summer
and that maintenance costs are still an issue, but indemnification should be settled as soon as
possible.
Upon vote: Kelzenberg, aye; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay. Motion
failed 2 ayes - 3 nays.
City Council Minutes
January 27, 2003
Page 5 of 13
Motion by Ericson, second by Williams, to approve the agreement between the City of Columbia
Heights and Columbia Park Medical Group for the operation and maintenance of the public parking
ramp located at 4011 Van Buren Street.
Williams indicated that we do have a 120 day cancellation period and this agreement would
indemnify us. Ericson stated it is a 120 day notice. Hoeft stated as there is a lapsed contract, the
issue should be resolved and the maintenance issue should be addressed. Nawrocki indicated that
the existing agreement expired in July of 2000. Wyckoff stated that as of September 6th, the
agreement has remained in place. Nawrocki requested the motion include responsibilities. Ericson
was in favor of the agreement, and requested staff maintain ongoing negotiations with the clinic.
Kelzenberg questioned language that discussed indemnification.
Amendment to the Motion by Ericson, second by Kelzenberg, with additional instructions to staff
to continue negotiations on maintenance with the clinic. Upon vote of the amended motion: All ayes.
Motion carried.
PUBLIC HEARINGS - none
ITEMS FOR CONSIDERATION
Other Ordinances and Resolutions
1. Adopt Resolution No. 2003-01, being an Order regarding the Maximum permitted basic
programming service rate set forth in thc Federal Communications commission Form 1240 filed
by AT&T Broadband on or about March 1, 2002 and Adopt Resolution No. 2003-02, being an
Order regarding the maximum permitted equipment and installation rates set forth in the Federal
Communications Commission Form 1205 filed by AT&T Broadband on or about March 1, 2002.
Magee stated that on or about March 1, 2002 notice was received from AT&T Broadband of a rate
increase with Federal law requiring a public hearing. This was hem on Monday, December 16,
2002. The two resolutions are for maximum permitted service rates and maximum installation rates.
Magee indicated that Cable Attorney Steve Ouzzetta and A T&T Broadband Director of Affairs Kathi
Donnelly-Cohen were present to answer questions.
Guzzetta stated this allows the rate increase of $.50 that was implement in 2002 to remain in effect
for service and equipment rates. This serves as the springboard for next year 's filing. Guzzetta
referred to rates listed in the Council letter. Wyckoff asked if the Telecommunications Commission
reviewed this. Magee stated the Commission did so in October.
Williams referred to past discussions about Universal Service. Donnelly-Cohen stated the service
rate was implemented in July, with one year to be reviewed. Universal service is one part of the
original franchise negotiations. The cost for Universal Service is subsidized by regular subscribers.
Donnelly-Cohen described installation and limited special problems for apartments. She indicated
that only 3 7 cities have this service and has lead to a great deal of piracy.
Nawrocla' gave his history with the cable franchise deal. He referred to a newspaper article on the
high cost of cable. He stated that this motion only indicates that we have received notice and
acknowledge it.
Guzzetta indicated this reserves the right to look at future rate filings and to possibly look at a rate
analysis.
City Council Minutes
January 27, 2003
Page 6 of 13
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution 2003-01, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution 2003-01, being an Order regarding
the maximum permitted basic programming service rate set forth in the Federal Communications
Commission Form 1240 filed by AT & T Broadband on or about March 1, 2002. Upon vote: All
ayes. Motion carried.
RESOLUTION NO. 2003-01
ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN
THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY AT&T BROADBAND ON OR
ABOUT MARCH 1, 2002
WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended,
the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and
WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications
Commission (hereinafter "FCC"); and
WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. d/b/a
AT&T Broadband (hereinafter "AT&T"), the current franchise holder, filed with the City an FCC Form 1240 "Updating
Maximum Permitted Rates for Regulated Cable Services", dated March 1, 2002, purporting to set forth and justify the rate
it proposed to charge to subscribers in the City for basic cable service (hereinafter the "2002 FCC Form 1240"); and
WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2002 FCC
Form 1240; and
WHEREAS, the rate set forth herein will govern AT&T's basic service rate until AT&T lawfully implements a
further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved:
1. AT&T's maximum permitted rate for basic cable service, as calculated in the 2002 FCC Form 1240, is
neither approved nor denied, but may: (i) function as a basic service rate ceiling during the relevant rate period; and (ii)
be utilized in future basic service rate filings, to the extent permitted by and consistent with FCC rules and decisions.
2. AT&T shall not charge any rate higher than the maximum permitted rate set forth in the 2002 FCC Form
1240, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law
and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.932, or as otherwise
expressly permitted under applicable law and regulations.
3. AT&T may charge rates less than the lawful maximum permitted rate for basic service, as long as such
rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and
regulations. The City, however, shall not be deemed to have approved such rates.
4. This Order is based on the representations made by AT&T in its 2002 FCC Form 1240. Should
information come to the City's attention that these representations were inaccurate in any material way, the City reserves
the fight to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any
specific entry, explanation, calculation or rate in the 2002 FCC Form 1240.
5. The City reserves all of its fights with respect to rate regulation, including (but not limited to): (i) the
fight to request and review data, and documents concerning the 2002 FCC Form 1240 in order to determine the impact, if
any, such data and documents have on rates proposed in future basic service rate filings; (ii) the fight to address issues
raised in the 2002 FCC Form 1240 that are relevant to any City review of subsequent basic service rate filings; and (iii)
the fight to request additional information concerning the 2002 FCC Form 1240 that is relevant to any City review of
subsequent basic service rate filings.
6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a).
7. This Order shall be effective immediately upon its approval by the City.
8. This Order shall be released to the public and to AT&T, and a public notice shall be published stating that
this order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b).
Motion by Williams, second by Ericson, to waive the reading of Resolution 2003-02, there being
ample copies available to the public. Upon vote: All ayes. Motion carried.
City Council Minutes
January 27, 2003
Page 7 of 13
Motion by Williams, second by Kelzenberg, to adopt Resolution 2003-02, being an Order regarding
the maximum permitted equipment and installation rates set forth in the Federal Communications
Commission Form 1205 filed by AT & T Broadband on or about March 1, 2002. Upon vote: All
ayes. Motion carried.
RESOLUTION NO. 2003-02
ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH
IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY AT&T BROADBAND ON OR
ABOUT MARCH 1, 2002
WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended,
the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and
installations; and
WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications
Commission (hereinafter "FCC"); and
WHEREAS, MediaOne North Central Communications Corp., now known as Comcast of Minnesota, Inc. d/b/a
AT&T Broadband (hereinafter "AT&T"), the current franchise holder, filed with the City an FCC Form 1205
"Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2002 FCC Form 1205"),
dated March 1, 2002, purporting to set forth and justify the rates it proposed to charge to subscribers in the City for
equipment and installations; and
WHEREAS, the City held a public hearing to solicit the views of interested persons concerning the 2002 FCC
Form 1205; and
WHEREAS, the rates set forth herein will govern AT&T's equipment rates and installation charges until AT&T
lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved:
1. AT&T's maximum permitted rates and charges for equipment and installation, as calculated in the 2002
FCC Form 1205, are neither approved nor denied, but may function as a rate ceiling during the relevant rate period.
2. AT&T shall not charge any rates higher than the applicable maximum permitted rates set in the 2002 FCC
Form 1205 nor increase those rates, unless such rates are first filed with and approved by the City, in accordance with
applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.932, or as
otherwise expressly permitted under applicable law and regulations.
3. AT&T may charge rates less than the lawful maximum permitted rates for equipment and installation, as
long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws
and regulations. The City, however, shall not be deemed to have approved such rates.
4. This Order is based on the representations made by AT&T in its 2002 FCC Form 1205. Should
information come to the City's attention that these representations were inaccurate in any material way, the City reserves
the right to take appropriate action. This Order is not to be construed as a finding that the City has accepted as correct any
specific entry, explanation, calculation or rate in the 2002 FCC Form 1205.
5. The City reserves all of its rights with respect to rate regulation, including (but not limited to): (i) the
right to request and review data, and documents concerning the 2002 FCC Form 1205 in order to determine the impact, if
any, such data and documents have on rates proposed in future equipment and installation rate filings; (ii) the right to
address issues raised in the 2002 FCC Form 1205 that are relevant to any City review of subsequent equipment and
installation rate filings; and (iii) the right to request additional information conceming the 2002 FCC Form 1205 that is
relevant to any City review of subsequent equipment and installation rate filings.
6. This Order constitutes a written decision for purposes of 47 C.F.R. § 76.936(a).
7. This Order shall be effective immediately upon its approval by the City.
8. This order shall be released to the public and to AT&T, and a public notice shall be published stating that
this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b).
2)
Adopt Resolution No. 2003-03, being a Resolution setting the City Manager's spending authority.
Ericson stated that one of the questions placed on the ballot by the Charter Commission was to have
the City Manager's spending limit set by Council and not by the City Charter. This only took the
authority from the Charter and did not set a specific amount. She indicated that review showed the
City Council Minutes
January 27, 2003
Page 8 of 13
statutory cities average limit was $15,000 and other Cities averaged $25,000. Charter Commission
members felt the current $3,000 amount was very low.
Wyckoff referred to bills for Liquor purchases that were over the set amount and were being signed.
Elrite stated that other cities surveyed were at $28,000 to $30,000. The proposed $15,000 is
significantly under the average and significantly over the current amount.
Ericson clarified that Council would continue to received a list of checks for approval every two
weeks.
Nawrocki stated the resolution should include language about reporting to Council. The liquor
expenditure should have a maximum amount also. Nawrocki felt there have been no problems with
the current system. He referred to questioning a $100,000 bill that no one could tell him what it was
for. He speaks to the Finance Director about the bills prior to every meeting.
Ericson gave an example of when waiting two weeks to approve a bill would be a problem.
Motion by Williams, second by Kelzenberg, to waive the reading of Resolution No. 2003-03, there
being ample copies available to the public. Upon vote: All ayes. Motion carried.
Motion by Williams, second by Kelzenberg, to adopt Resolution No. 2003-03, being a Resolution
setting the City Manager's spending authority.
Motion to amend by Nawrocki, that the amount be changed to $1,500. No second was received.
Kelzenberg indicated that the original amount recommended at the work session was $25,000 and
following discussion the amount was reduced by $10,000, which the City Manager agreed upon.
Upon vote: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay; Wyckoff, aye. 4 ayes - 1
nay. Motion carried.
RESOLUTION NO. 2003-03
RESOLUTION SETTING THE CITY MANAGER'S SPENDING AUTHORITY
WHEREAS, the City Charter has previously established purchase and contract spending amounts for the City Manager;
and
WHEREAS, at the November 5, 2002 General Election the voters approved setting the City Manager spending limit by
resolution:
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights City Council that the established purchase
and contract spending amount be increased to $15,000 for the City Manager of Columbia Heights; and
BE IT FURTHER RESOLVED that the City Manager is authorized to purchase merchandise for resale in the liquor
operation over and above the $15,000 spending limit; and
BE IT FURTHER RESOLVED that this resolution supersedes the amount set in Chapter 6, Section 56. PURCHASES
AND CONTRACTS of the City Charter; and
BE IT FURTHER RESOLVED that the City Council delegates to the City Manager the authority to pay claims for goods
and services that is within the City Manager's spending limit or where the contract for the purchase of goods or services
has received prior City Council approval.
City Council Minutes
January 27, 2003
Page 9 of 13
Bid Considerations
1) Award of Proposal for Utility Rate Study
Kevin Hansen, Public Works Director, gave background on the request for proposal sent to nine
.firms. Seven proposals were submitted. Staff's recommendation is SEH. The City Engineer, Assistant
City Engineer, and Public Works Superintendent, did the formal review, and the Finance Director
did a verbal review. He described the difficult process to evaluate these proposals. Funding wouM
be provided equally from the three utility funds.
Wyckoff indicated that a survey would look at rates and infrastructure. Hansen indicated this would
include a .five-year projection, look at past costs~payments for water and collections, look at
improvements projected in our Capital Improvement Program, and determine the rates to provide
these services.
Nawrocki indicated he would not vote for the proposal, as the cost is twice as much as the low
responsive bidder. It is obvious there will be rate increases as Met Council rates to treat sewage go
up and that the City of Minneapolis will increase water rates. He indicated the study should include
a review ofourpractices andpersonnelfor upkeep.
Ericson asked ifa rate study had ever been done. Elrite replied that in the past staff has done
research, but he is not aware of an outside service rate study, or a long-term rate study such as this.
Ericson indicated the need to see this as being responsible. By having an outside firm come in and
analyze our system and help us come up with a plan, it will help avoid running into problems in the
future.
Williams agreed with Ericson, and referred to the fantastic filtration plant, which Minneapolis will
build in our city. Our water will be 99.999 percent pure. Williams questioned the dollar difference in
the proposals, and the difference between the financial and engineering aspects. Hansen referred to
the difference in proposed hours and the level of staff working on the project. He described the
greater detail offered by SEH, and the greater engineer aspect that we would like to have addressed.
Kelzenberg referred to the scope and detail of the proposals. His initial reaction was to choose the
low bid, but following discussion believes the recommended firm is the best. Fehst referred to the
cost and water quality of the proposed filtration plant, and felt our water and sewer rates are
comparable to other similar size cities.
Mark Hinrichs, 4440 Stinson Boulevard, asked if the City of Minneapolis pays any property taxes on
the Water Works property. Staff indicated they do not.
Nawrocla' gave the history on the decision to purchase water from Minneapolis and his opinion on
several of the firms that submitted proposals. Nawrocki asked the difference in proposed completion
dates. Hansen stated SEH proposed 8-10 weeks and TKD was 12-14 weeks.
Ericson questioned where the funds would come from. Hansen replied from the rates that citizen's
pay. Fehst stated the cost is relatively small considering fees collected are over $1 million in water
fees, $1 million in sewer fees, and $150,000 in sanitary sewer fees.
Wyckoff stated that the water in our tap is one of the most important things to our city. She referred
to trusting Hansen's choice because of his background and how strongly he believes SEH would do
the best job for the City.
City Council Minutes
January 27, 2003
Page 10 of 13
Motion by Williams, second by Kelzenberg, to accept the proposal from SEH for the Utility Rate
Study based upon their proposal dated December 27, 2002, in an amount not-to-exceed $26,000;
and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same.
Motion to amend by Nawrocki to substitute the proposal for $16,500 to save the City $9,000.
No second was received.
Upon vote of the original motion: Kelzenberg, aye; Williams, aye; Ericson, aye; Nawrocki, nay;
Wyckoff, aye. 4 ayes -1 nay. Motion carried.
Other Business
1) Approve Appointments to the Planning and Zoning Commission, the Economic Development
Authority, and the Human Services Commission
Wyckoff explained available appointments, and thanked Council for taking the time to interview
thirteen individuals on a Sunday afternoon. She thanked the residents for applying. Wyckoff
indicated that Williams spoke about involving youth on commissions and so would only recommend
one appointment to the Planning and Zoning Commission.
Motion by Wyckoffto appoint former Mayor Gary Peterson to the Planning and Zoning
Commission, Donald Murzyn Jr. to the EDA, and Terry Lee Hoppenrath and Sarah Kogut to the
Human Services Commission to the unexpired terms of Steve Johnson from Planning and Zoning
and Bob Ruettimann fi:om the EDA. Second by Williams.
Nawrocki questioned the length of the unexpired terms to be filled. Fehst stated that the EDA term
would be a 6 year term. Staff will determine the other term lengths.
Upon vote: All ayes. Motion carried.
Nawrocki questioned if other persons interviewed were interested in serving on the Human Services
Commission. Ericson indicated that only two candidates chose that category as their first choice.
Wyckoff stated this suggestion could be looked at.
ADMINISTRATIVE REPORTS
Report of the City Manager
Fehst stated the February 18, 2003 work session will include Goals and Objectives, updates,
feedback, shifting of goals, and discussions on properties such as K-Mart and the First Lutheran
Church proposed development.
Fehst spoke of budget reductions, possibly reducing a Park and Recreation position to ~ time, and
current reductions to the Police Department, Administration Department, and to a ~ time building
inspector. He suggested that any request to waive inspection fees on the Minneapolis Water
Treatment plant be denied. He has indicated to staff that out of state travel will not be approved with
the exception of Kathy Young who is the current President of the Engineers Association to attend
their national conference, unless staff would pay for their own travel.
Fehst spoke of anticipated State funding reductions and the effect this would have on services.
Senator Chaudhary and Representative Goodwin will be asked how they can help us when Council
meets with them February 3.
Nawrocki indicated he has not seen a list of budget cutbacks and that his attendance at the National
League of Cities conference has been cut. The Council has delegated the City to be part of the
City Council Minutes
January 27, 2003
Page 11 of 13
National League and he has been appointed to the NLC Transportation Policy Steering Committee.
He indicated the support gained through networking, along with the projects and funds that have
been gained. Nawrocki stated that all travel outside of the seven county metro area shouM be
eliminated. He felt the Housing Assistant position could be eliminated and had asked that attorney
fees be reviewed. Fehst stated these fees have continued to go down over the last several years.
Motion by Nawrocki that no travel or expenses be allowed for travel outside of the seven county
metro area. Second by Williams.
Fehst stated his support of the National League and Minnesota League of Cities and listed the
agencies that lobby our interests and the importance to keep in contact with them. Fehst indicated
his discomfort to allow or disallow any travel for Councilmembers. He has told staff that national
travel wouM be restricted.
Ericson stated she could not support this motion for blanket prohibition, as it is reactionary. We
gain from staff's education.
Nawrocki indicated that when staff attends conferences their time is being paid, and his is not. It is
important to make legislators aware of your needs. Ericson stated her appreciation for all
Councilmember Nawrocki has done and the communications he has open. Her approach would be to
use Council funds for staff to further their professional development.
l~yckoff stated she would not support this motion, and as Mayor would not tell Councilmember
Nawrocki not to attend the national conference, but let him choose the value, knowing current
budget concerns.
Fehst asked for clarification on the city manager's role regarding Councilmembers attending
conferences. Nawrocki gave the history on conferences and travel. Nawrocki expressed his
disappointment on how this was handled. He requested information on "who and when "for every
trip taken outside of the metro area
Upon vote: Kelzenberg, nay; Williams, nay; Ericson, nay; Nawrocki, aye; Wyckoff, nay 1 aye - 4
nays. Motion defeated.
Report of the City Attorney
Wyckoff questioned the status of Tycoons. Jim Hoefi, City Attorney was not aware of any changes. A
resident in the audience stated that the building is locked up.
CITIZENS FORUM
A resident questioned theplansfor the two houses on Central Avenue that the City owns. Fehst stated they
would be removed. The removal of Puerto Vallerta is possible and a developer is considering the entire
area. The resident questioned progress at the former K-mart site. Fehst stated that Council would be
discussing options for this site. gryckoff stated she would like to see this redeveloped and not used as
warehouse space. She would like to see Snyders expand in Columbia Heights.
COUNCIL CORNER
Nawrocki
O Discussion at the Suburban Rate Authority meeting included utility relocation fees, franchise fees,
and Qwest. He was elected chairperson of the SRA for coming year.
O Referred to the Green Sheet comment on the Lions Club decision to raise the price of drinks. This is
one-half the price of elsewhere and discussed the need to identify fake id's and insurance increases.
City Council Minutes
January 27, 2003
Page 12of13
· Questioned the study being done on Huset Park and asked that the Huset Park Neighborhood Group
be involved in the study on an ongoing basis. Hansen stated the contract has just been received, and
the RFP does include a meeting with this group.
· Questioned the response to the Cherfi Heights petition regarding snow plowing. Would like a
response to this group. Hansen will return a call forwarded by the mayor and inform the residents.
· Spoke of the work on Central Avenue and addressing Ms. Coopie's concerns. Hansen stated this
would be revisited in the spring as part of a punch list of items for the contractor. It was left with an
offer to do work on her property and the stoop, to which she has not responded.
· Questioned the zoning of 3808 Reservoir and ifa business is being run in the yard. Fehstfelt there
was an error and the property is not zoned Retail. The business will be explored for legality.
· Questioned the status of the burnt home on Gould, and the home on the south side. Fehst stated the
insurance company has been a hold up, and GMHC will tear down the unlivable portion of the other
home and fund a portion to make it livable again.
Ericson
~ Referred to values, respect and what a good job the Mayor has done beginning with a positive
outlook. Discussed commission appointments and the Mayor's appreciation to residents who offer to
serve. She apologized for a comment made by another Councilmember, with the hope that no
offense was taken.
O Thanked members of the community and staff, who attended the Central Avenue Design meeting
and indicated that information would be compiled and added to the City web site.
· April 6th there will be a housing fair, sponsored by "Rising to New Heights".
Williams · Asked for the February Values First value. Staff will obtain this information.
~ Referred to available programs, ACCAP, and non-interest bearing grants.
~ Referred to the Recyclopedia, which has been distributed to residents and its importance.
Encouraged residents to call the City if there are garbage issues. To have a first class city, we must
respect our neighbors and residents.
O Indicated that the Vi Tabb property was sold.
~ Tri-City Hockey FUN raiser is scheduled for Valentine's night at Murzyn Hall. Fehst received a
raffle request and asked if Council would support the request. Council consensus showed their
support.
· Pray for the health, peace and prosperity of our City.
Kelzenberg
Thanked Councilmember Nawrocki for what he has done for our City. Indicated his hope that after
this year our financial situation would be better and that Councilmember Nawrocki would again
attend the national conference.
Concerned that the park program coordinator position be part time only temporarily, because of
program benefits to our children.
W¥ckoff
Columbia Heights resident John Gordon will be a guest of the MN Historical Society on Sunday,
February 2, 2003. Mr. Gordon is an Olympic Curler.
Read from the green sheet regarding the Library's 75th Anniversary, and invited the Mayor and
Council to participate in the activities.
The Park Commission is upset that Council did not earmark sale proceeds from North Lomianki for
parks. Fehst referred to the interest in building a skate park. Nawrocki indicated funds may be
necessary for development of the industrial area, and indicated the funds were for the sale of an
industrial site.
City Council Minutes
January 27, 2003
Page 13 of 13
Nawrocki referred to reactions he received regarding his comments about the City Manager at the last City
Council meeting.
ADJOURNMENT
Mayor Wyckoff adjourned the meeting at 10:04 p.m.
Patricia Muscovitz, Deputy City Clerk
OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS HUMAN
SERVICES COMMISSION MINUTES
WEDNESDAY, JANUARY 8, 2003
THESE M NUTES H
NOT BEEN APERb-
Call To Order/Roll Call
The meeting was called to order at 6:40 P.m.
Present were Commission members Hall, Karol, and Osman.
Also present were Mayor Wyckoff and Assistant to the City Manager Magee.
Absent were: Clerkin
Magee announced she received a letter of resignation from Tammy Dempsey,
effective January 7, 2003.
Mohamed Hassan Osman was asked to provide a brief introduction and
information about himself.
Appoint Recording Secretary for Meeting
Magee volunteered to take minutes of the meeting.
Approval of Minutes fi'om May 8, 2002 Commission meeting.
Motion by Karol, second by Hall, to approve the minutes of the May 8, 2002
Commission meeting. All ayes. Motion carried.
Old Business
a. League of Minnesota Human Rights Commission Essay Contest -
Hall distributed a flyer she put together for distribution to Central Middle
School and Immaculate Conception School. She will e-mail it to Magee
and Magee will put together packets for Wyckoff and Hall to distribute.
Essays will he due February 28, 2003, and will be reviewed by the
Commission at its March 12th meeting. The essay selected as first prize
will be submitted to the League of Mirmesota Human Rights Commission.
b. Discussion re: Neighborhood Collaborative and Mentoring Program
Tabled.
c. Other Old Business - none
New Business
a. Selection of Chairperson- tabled
b. Discussion re: Third Annual Taste of Heights-
Discussion ensued regarding the Third Annual Taste of Heights
· Murzyn Hall has been reserved for the event on Sunday, March 23,
2003.
o
Wyckoff and Osman will talk to area restaurants to encourage their
participation.
· Wyckoffwill talk to restaurants about donating part of their
proceeds to a pre-selected charitable organization.
· Karol will talk to the Lions about serving beverages.
Co
Future Commission Activities and Projects
Magee indicated there had been discussion at a recent work session
whether to disband the commission and form ad hoc committees to work
on Humanitarian of the Year and Taste of Heights. Wyckoff indicated the
Council would be interviewing two candidates interested in serving on this
commission.
do
Future meeting Dates:
February 12, 2003 at 6:30 p.m.
March 12, 2003 at 6:30 p.m.
e. Other New Business - none
Adjournment
Meeting adjourned at 7:25 p.m.
Respectfully submitted,
Assistant to the City Manage'"/
THESE MINUS,.--,,-, - ·
l :)T 8EE'N APPROVED
City of Columbia Heights
Park and Recreation Commission
January 22, 2003
Jerry Foss called the meeting to order at 6:35 p.m.
ROLL CALL
Members present:
Jerry Foss; Tom Greenhalgh; Matt Henry; Dave Payne;
Gary Mayer; Keith Windschitl, Recreation Director; Kevin
Hansen, Public Works Director/City Engineer; Bruce
Kelzenberg, City Council Representative
Members absent:
Eileen Evans; Bill Peterson
Also present:
Karen Moeller, Senior Coordinator, Acting Secretary
APPROVAL CONSENT AGENDA:
Motion to approve consent agenda by Mayer; second by Payne. All ayes, motion carded.
LETTERS AND REQUESTS:
Keith Windschitl, Recreation Director, informed the Commission that Gary Peterson and
Bobby Williams have requested fees be waived in the use of Murzyn Hall for a Th-City
Hockey fund raiser to be held on February 14tn from 6:00 - 10:00 p.m. Monies raised
will be donated to the Th-City Hockey Association. A dinner and Lion's bar will be
included in this event. Motion by Mayer to waive the fee for this event; second by
Payne. All ayes, motion carried.
A letter was received from Loft Schoenike requesting fees be waived for a benefit for her
sister who has cancer. They would like to hold it on Saturday, March 15th from 4:00 -
10:00 p.m. Motion by Payne to waive the fee but charge a $40 opening fee along with a
$15 per hour staff fee; second by Greenhalgh. All ayes, motion carded.
OLD BUSINESS:
REPLACEMENT OF MURZYN HALL FRONT SIGN
Keith Windschitl, Recreation Director, informed the Commission that the sign in front of
Murzyn Hall needs to be replaced for safety reasons. Keith also informed the
Commission that the Lion's Club has committed to donating up to $5,000 for the
purchase of a new sign. Photos of various signs were passed around and discussion was
held as to color and design of the sign. Kevin Hansen, Public Works Director/City
Engineer, indicated that discussion had previously been held regarding City signage and
that it would be good to have consistency in color and a logo. It was a consensus of the
PAGE TWO
Commission that the color blue be incorporated into the new sign and that Keith would
get price quotes from various sign companies. Motion by Greenhalgh to keep the same
kind of design for the new sign as is currently there; to utilize the color blue; and to keep
the full name: "J.P. Murzyn Hall" on the sign; second by Payne. All ayes, motion
carried.
NEW BUSINESS:
REVIEW AND UPDATE PARKS FIVE YEAR CIP
Kevin Hansen, Public Works Director/City Engineer, presented Commission members
with the 5 - year capital improvement plan. It was felt new Commission members would
benefit from reviewing this. General discussion took place about what has already been
done and Commission members requested that a list be made and brought to the next
meeting so they could actually see results. Kevin felt it would be beneficial for the
Commission to prioritize projects prior to going before the City Council. Discussion will
continue at the February meeting. A question was presented on the purchase of land by
Huset Park and the price that was paid. Kevin informed the Commission that $60,000
was for necessary demolition and clean up and $240,00 was for the actual land.
REPORTS
RECREATION DIRECTOR
Keith Windschitl, Recreation Director, informed the Commission that Kelly Mertes,
Youth Enrichment Coordinator, has resigned effective January 31, 2003. She has
accepted a programming position at the new Rockford Community Center. The status of
her position is being looked at with Walt Fehst, City Manager, and Linda Magee,
Assistant to the City Manager. It is not clear if this will stay a full time position. Much
will depend on the status of the State Grant that is currently a source of funding for
programs. Keith pointed out that the department has joined with the Columbia Heights
Schools for a 21st Century Grant, which is Federal money.
Keith informed the Commission that Sue Wolny, part-time Murzyn Hall custodian, has
her Gift Scout Troop collecting ice skates, which will be given to the warming houses to
give out if individuals do not have skates.
Keith brought forward a request from Opportunity Partners, a non-profit organization, to
waive the fee for an Awards Banquet to be held at Murzyn Hall on February 19th.
Motion by Greenhalgh to waive all fees for this event; second by Henry. All ayes,
motion carried.
Keith informed the Commission of the status of the NEI gym. Due to water and mold
damage a considerable amount of work had to be done. Keith, Henry Henry, Murzyn
PAGE THREE
Hall Custodian, and Josh Overmohle, Sports Programmer, have been doing the work. It
should be ready to go by January 30th.
The final item of business was informing the Commission of the recent increase in drink
prices by the Lion's Club. A Murzyn Hall renter had called asking why the increase of
which Keith knew nothing about. Keith indicated he has been in contact with Roger
Gillespie, Lion's Club representative, about the lack of communication and will be
following up with a letter addressing this issue.
PUBLIC WORKS DIRECTOR/CITY ENGINEER
Kevin Hansen, Public Works Director/City Engineer, informed the Commission that two
of the warming house attendants have quit so one of the warming houses needs to be
closed for the season. In looking at numbers of skaters it was determined that Gauvette
would be the one to close, as numbers were the lowest at this park. The ice will continue
to be maintained. Kevin also pointed out that the overall use of the skating rinks was up
from last year.
COMMISSION MEMBERS
Bruce Kelzenberg, Council Representative, mentioned that he was pursuing with interest
the possibility of the Columbia Heights Athletic Boosters getting pull-tabs in at BW-3.
Dave Payne brought up the idea of having concessions at the ball games at Huset Park as
a money making project. Discussion followed on how difficult it might be to staff the
concession stand. No action was taken on this.
ADJOURNMENT
Meeting adjourned at 8:00 p.m.
Karen Moeller, Acting Park and Recreation Commission Secretary
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
FEBRUARY 4,2003 These minutez
7:00 PM
The meeting was called to order at 7:00 pm by member Ted Yehle.
Roll Call:
Commission Members present-Yehle, Schmitt, and Peterson.
Commission Members absent-Ramsdell
The Commission welcomed new Commission Member Gary Peterson.
Also present were Tim Johnson (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council
Liaison).
Motion bySchmitt, second by Yehle, to approve the minutes from the meeting of January 7, 2003. All
ayes. MOTION PASSED.
PUBLIC HEARINGS
Case 2002-1109 (Continued from November 2002)
Area Learning Center
4350 Central Avenue NE
Conditional Use Permit
Applicant has withdrawn the application as another site has been selected. No action was required by
the Commission.
Case 2003-0201
Linder's Greenhouse
4300 Central Avenue
Conditional Use Permit
Mr. Peter Linder of Linder's Greenhouses Inc. is requesting approval of a Conditional Use Permit to
allow the operation of a temporary "mini garden center" in the east parking lot of Central Value Mall at
4300 Central Avenue, fi:om April 15, 2003 through July 15, 2003. This is the 14th year Linder's will
operate their greenhouse sales in Columbia Heights.
The properties to the north and south of the subject parcel is zoned LB, Limited Business and is used
commercially. The property across Central Avenue to the east is zoned GB, Retail Business and is used
commercially. The area west of Central Value Mall is zoned R-2, Single and Two Family Residential
and is used residentially.
Section 9.607 1-E of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural
sales. The site plan and configuration remain unchanged fi:om previous years. The Fire Department has
reviewed the proposal and has expressed no concerns. The proposal is consistent with the intent of the
City's Comprehensive Plan.
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
FEBRUARY 4, 2003
Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the
License/Permit Clerk prior to the installation of the structures on the site to ensure the removal at the end
of the approved time period.
Motion by Peterson, Seconded by Schmitt, to recommend approval of the Conditional Use Permit to
allow the operation ora temporary mini-garden center in the easterly portion of the parking lot at 4300
Central Ave from April 15, 2003 through July 15, 2003 subject to the following conditions:
A $500 deposit shall be submitted to the License/Permit Clerkprior to installation of the
structures on the site. All Ayes. MOTION PASSED.
Case 2003-0202
Area Learning Center
3989 Central Avenue (2nd Floor)
Conditional Use Permit
Staff has been working since November with representatives from the Area Learning Center to locate an
alternative site for their program. After looking at various sites in the area, Northeast Metro 916 has
requested a Conditional Use Permit to establish an Area Learning Center on the 2nd Floor of the
Columbia Heights Business Center at 3989 Central Avenue NE.
There are previous Planning Commission and City Council cases on this site. Site Plan Review was
done in the early 1980's for this building. Several Conditional Use Permits were approved for various
uses in the 1990's.
The surrounding property on the south and to the north are zoned CBD and are used for business
purposes. The property to the east and west are also zoned CBD.
Section 9.1005 of the Columbia Heights Zoning Ordinance allows Vocational, Business, Performing,
Visual and Martial Arts Schools as permitted used in the CBD (Central Business District). However,
public or private K-12 schools are not listed as either permitted or conditional uses in this commercial
district. Rather, public or private K-12 schools are allowed by conditional use in the residential districts.
However, Section 9.1002 of the Zoning Ordinance does provide the Zoning Administrator the ability to
determine if uses not listed are appropriate and compatible with the district.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
FEBRUARY 4, 2003
The Zoning Ordinance also identifies specific development standards that apply to Schools, K-12 in
Section 7; 9.701 (3) Page 7-20; these standards are:
The use shall include a regular course of study accredited by the State of MN-The area
Learning Center meets this requirement.
The site shall be served by a major collector or higher classification of roadway-Central
Avenue is identified as a minor arterial roadway, and 40th Avenue is identified as a collector
road.
The parcel upon which the use is located shall have a lot area no less than four (4) times the
area of the building footprint-The Current lot area is approximately (4) times the size of the
building footprint.
To the extent practical, new construction or additions to existing buildings shall be
complementary and compatible with the scale and character of the surroundings and exterior
materials shall be compatible with those used in the immediate neighborhood-There are no
plans to alter the appearance of the structural exterior of this space, other than signage and
fagade improvements.
An appropriate transition area between the use and adjacent property shall be provided by
landscaping, screening or other site improvements consistent with the character of the
neighborhood-Because the use is proposed on the second floor of an existing building, this
requirement is not applicable.
A transportation management plan shall be submitted to address off-street parking, bus
loading and unloading, traffic control, and the impact of the facility on the surrounding
roadways-The applicants have submitted a narrative that describes what is anticipated for
parking needs and bussing. It is anticipated that one shuttle will be used for drop offs and
pick-ups twice through the day, which shouldn't create any traffic or transportation conflicts
on site. The drop offpoint for the facility will be on the north side of the building on 40th
Avenue.
Staff has reviewed the applicants nan'ative and had these comments:
The Area Learning Center proposed is a very vital community program. Staff is supportive
of this location as it is located in an office type setting and within the confines of an existing
building. Staff also had a chance to visit with the new owners of the property and they are
confident that this program will be a good fit at this location.
K-12 School Programs are currently allowed by conditional use in residential zoning
districts. School District 916 believes Area Learning Centers best survive and have success
when located in non-traditional settings such as the Business Center.
There are several Area Leaming Centers located in commercial type settings around the
Twin Cities area.
Staff members had a chance to visit the Mahtomedi Area Learning Center and learn about its
programs. Staffwas impressed with the facilities, and the Learning Center appeared to blend
in well with its otherwise surrounding commercial environment.
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
FEBRUARY 4, 2003
Parking requirements for a Sr. High School are ten spaces plus one space per every 6 students. With a
projection of 150 students initially and a 200 student maximum, a total of 43 parking spaces would be
required. Currently, the vacant office space requires approx 40 parking spaces. This change in use
would have virtually no impact from a parking standpoint as the adjacent parking ramp has enough
spaces for this use. The school will be located on the second floor or skyway level which has direct
access to the parking ramp and the outdoor patio area. The students will have direct access, and not
have to access the space by using the main lobby.
The current vacant second floor is approximately 12,000 sq ft in size, and Metro 916 intends to redesign
the interior of this space to meet its needs. They will create an additional new access to the outside at
the NE comer on the 2nd level.
Staff recommends approval of the Conditional Use Permit for the establishment of an Area Leaming
Center for NE Metro School District 916 at 3989 Central Avenue NE, as the Learning Center is a
substantially similar and compatible use with the other uses in the Central Business District as
determined by the Zoning Official.
Commission members were happy to see that the Learning Center found a more appropriate location and
thought the mezzanine would be a nice asset for the students and faculty. Commission member Schmitt
said her only concern would be safety/traffic issues in the ramp itself. The representatives from the
District that were present at the meeting stated they were happy with the new site chosen and they
thanked Planner Johnson and the rest of City Staffwho helped them locate other options.
Motion by Yehle, seconded by Peterson to recommend City Council approval of the Conditional Use
Permit to allow for the establishment of an Area Learning Center for Northeast Metro School District
916 to operate at 3989 Central Avenue NE, as the Area Learning Center is a substantially similar and
compatible use with the other uses in the Central Business District as determined by the Zoning Official.
All ayes. MOTION PASSED.
NEW BUSINESS
Case 2003-0203
Minneapolis Water Works
4700 Chatham Rd
Site Plan Review
This is a request for Site Plan Review to construct a membrane filtration plant on the Minneapolis Water
Works property at 4700 Chatham Road. This plant provides water to seven different cities.
There is one previous Planning and Zoning Commission case on the property. A conditional use permit
was granted in 1999 to allow for a monopole telecommunications tower on the site.
The surrounding property in all four directions is zoned and used residentially.
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
FEBRUARY 4, 2003
The Minneapolis Water Works has proposed to implement a new membrane filtration water treatment
process on the site of their existing facility located offofReservoir Boulevard. This new system will
ensure the delivery of safe drinking water to its customers. In moving forward with this project, the
MWW approached City staff in 2001, and also briefed the City Council on proposed plans for the site.
The proposal includes an at-grade 65,000 square foot single-story steel framed and masonry structure
that will house offices, conference facilities, equipment, and membrane filtration treatment units. The
55,000 square foot basement will house pumping equipment, piping/valves, cranes, and chemical
storage and feed facilities. The proposed construction schedule from start to completion is 18 months,
beginning this spring.
The proposal includes consistent building architecture to blend with the existing water treatment
buildings and the surrounding area. The renderings provided include elevations of what each building
side will generally look like. The building materials will consist of face brick veneer, complemented by
cast stone eyebrow and cornice features, as well as keystone block. The roof will feature an attractive
clay tile roofing system. The rooftop venting and mechanical units will be appropriately screened from
view. The outside transformers and engine generators will be located on the east side and will also be
appropriately screened and not visible or audible from adjacent properties. The new building itself is an
enclosed high tech and highly secured facility, which should not generate additional noise or traffic to
surrounding properties other than during construction. It should be noted that the building will not be
more than 25 feet in height; less than the 35 foot requirement. The building will be constructed in the
southwest comer of the property, and the current entrance will be moved slightly to the west.
Minimum front yard building setback is 25 feet; The proposed building far exceeds this requirement as it
is a couple hundred feet from the front entrance.
Minimum side yard building setback ii 40 feet; The proposed building far exceeds this requirement as it
is approximately 200-300 feet from the nearest west residential property, and is approximately ¼ mile
from the east properties.
Minimum rear yard building setback is 40 feet; The proposed building far exceeds this requirement, as
it is approximately ¼ mile from the north properties.
Minimum requirements are met with parking arrangements proposed. Parking requirements for
maintenance facilities are one per 3,000 sfoffloor area, plus one per 300 sfofoffice area. Based on
this formula, the total number of parking spaces required for this facility is 26. The proposed plans
show 28 parking spaces, with possible room for more if needed.
The site plan proposal includes several landscaping sheets, which provide details on plant and tree
numbers, locations, and species. The ordinance requires a minimum of one tree for every 50 feet of
street frontage, or a minimum of 4 trees for every one acre of lot area covered by buildings, parking
area, etc. The landscaping plan provided includes approximately 153 deciduous, coniferous, and
evergreen species, as well as approximately 225 shrubs of various species. This plan more than meets
the minimum landscaping standards established by the ordinance. A majority of the tree plantings will
be a natural buffer for the residential homes on the west side of the MWW site, but additional trees will
be interspersed at various locations on the site.
PLANNING & ZONING COMMISSION MINUTES
PAGE 6
FEBRUARY 4, 2003
Public Works Director Kevin Hansen has reviewed the plans submitted and has been in contact with
MWW staff and consultants since 2001 on various site issues. It appears fi.om Mr. Hansen's analysis
that on-site surface water ponding has been proposed for the site, and is required by ordinance. Also, it
appears that a new sanitary sewer and water line (looped) are proposed and have been reviewed and
preliminarily approved by Public Works.
The Fire Department has also reviewed and preliminarily approved the plans.
Staff recommends approval of the Site Plan proposal for the Minneapolis Water Works site on property
at 4700 Chatham Road, as it is consistent with the City Comprehensive Plan.
Commission member Yehle asked about how the dirt and construction debris would be contained.
Kevin Hansen, Public Works Director, will work with the construction crews in regards to this issue to
establish routes for track traffic during construction.
Mr. Adam Kremer, Director of the Waterworks stated that staff has been helpful and that they look
forward to this facility being operational by the end of 2004. He explained that this plant will be the
largest in North America, and maybe in the world, by the time it is completed.
Councilmember Ericson questioned what security precautions were being taken to ensure the safety and
protection of this facility. Mr. Kremer responded that measures were being taken to provide security for
this facility, but he was not at liberty to go into detail, as then it would not be secure. Ms. Ericson then
asked about the plans for the existing wildlife on the grounds of the current facility. Mr. Kremer stated
that they will try to provide an area for the deer that reside inside the grounds, but realize the
construction process will be hard for them. It is not their intention to harm the deer in any way.
Commission member Yehle questioned what size trees would be planted around the site. Jonathan
Prestby stated the trees would be larger, not seedlings, as they want to provide screening and blend into
the neighborhood.
Motion by Peterson, seconded by Yehle, to approve the Site Plan proposed for a 65,000 square foot
water treatment facility on the Minneapolis }Vater Works property at 4700 Chatham Road, subject to the
following conditions:
All required state and local codes, permits, licenses and inspections will be met and in full
Compliance, and final review and approval of grading~drainage, water and sewer plans by City
Engineer and Fire Chief. All Ayes. MOTION PASSED.
MISCELLANEOUS
No further items.
Motion by Peterson, seconded by Schmitt, to adjourn the meeting at 7:42 pm. All Ayes.
Respectfully submitted,
Shelley Hanson
Secretary
2003 PLANNING ZONING ATTENDANCE
P= Present
A= Absent
Jan. Feb. March April May June July Aug. Sept. Oct. Nov. Dec.
Gary Peterson P
Ramsdell, Thomas P A
Schmitt, Donna Kay P P
Yehle, Ted P P
Tami Ericson P
Counc. Liaison
CITY COUNCIL LETTER
Meeting of: February 10, 2003
AGENDA SECTION: b~ . ORIGINATING DEPARTMENT: CITY ~NAGER'S
NO: CITY ~NAGER'S APPROVAL
ITEM: ESTABLISH DATE FOR ANNUAL BOARD OF BY: -~.~
REVIEW DATE: 1-29-~/~~ :
NO:f/~!' ~, ~
At the Council meeting of January 27, 2003, establishing a date for the annual Board of Review
was tabled, and the council requested it to be held on March 31, 2003.
Per State Statute 274.01, the Board of Review must be held between April 1 and May 31 of each
year. In speaking to Janene Hebert, Anoka County Assessor, she would prefer holding the Board
of Review in April or no later than the first week of May. That way, in case the meeting is
continued, there will be ample time to address unresolved issues.
The available dates to schedule the Board of Review are:
Monday, April 21, 2003, at 7:00 p.m.
Monday, May 5, 2003, at 7:00 p.m.
RECOMMENDED MOTION: Move to set the Local Board of Review meeting for Monday, April 21, 2003,
at 7:00 p.m. in the City Council Chambers.
ALTERNATE MOTION: Move to set the Local Board of Review meeting for Monday, May 5, 2003, at
7:00 p.m. in the City Council Chambers.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meeting of: February 10, 2003
AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER
APPROVAL
ITEM: OSHA Safety Related Grant BY: Charles Thompson BY'~///~
NO: DATE: January 29, 2003 DATE:
In December 2002, Fire Department memos, Captain Matthew Field and Firefighter Dan O'Brien applied for a
safety related grant from the 1Wmnesota Departm~ of Labor and Industry. The grant was written specifically for
safety related equipment (turnout gear, helmets, boots, gloves, and goggles).
On January 22, 2003, the Fire Department received confimmfion that OSHA had awarded the matching grant for a
total of $10,000.00, to be used to purchase the mentioned safety related equipment.
The Fire Depamnent must first purchase the safety equipment and submit the receipts to the State oflWmnesota for
reimbursement. Due to budgetary issues, the State has ended the program, but will honor the current grants offered.
The Fire Depamnent received from Metro Fire Equipment the lowest of three price quotations for turnout gear (15
sets at $987 each for a total of $14,805.00). The Fire Depamnent budgeted $7,000.00 for protective clothing to
purchase these items in 2003. The remaining $3,003.50 will be allocated from Fire Department Minor Equipment
Fund (101 42200-2010).
RECOMMENDED MOTION: Move to Authorize Staff to Accept the Matching OSHA Grant from the 1Wmnesota
Department of Labor.
03 -3
Attachment
COUNCIL ACTION:
443 Lafayette Road North
St. Paul, Minnesota 55155
www. doli.state.mn.us
January 22, 2003
651.284-5000
TTY: 651-297-4198
1-800.DIAL-DLI
Charles Thompson
City of Columbia Hgts Fire
555 Mill St. NE
Columbia Hts, MN 55421
Dear Charles Thompson:
Congratulations! Your grant application has been approved. Enclosed please find your fully
executed safety grant contract. You have 120 days in which to complete your project. The
beginning date of your grant contract is 1/10/03 and the end date is 5/10/03. If you find that you are
unable to complete your project within the 120 days, you must submit a request in writing for an
extension during the terms of the contract. This grant contract is only for those items that are listed
on your grant contract.
In addition to the safety grant contract, I have also enclosed the Certificate of Completion form.
When you have completed your project, please complete the enclosed form, include receipts, proof
of payment and photographs of new or modified equipment and items and forward them to my
attention.
As part of your grant agreement, you may be contacted to schedule an on-site consultation visit. We
can conduct the on-site consultation visit and perform the grant verification at the same time. This
will fiflfill your obligation under the grant agreement and this is a free service. I have included a
brochure that explains other services offered by Workplace Safety Consultation. If you would like
any of these in addition to the on-site consultation visit, please fill out the service/information form
and return it.
Should you have questions or concerns, please contact me at (651) 284-5162, 1-800-731-7232 or via
e-n;ail at tracey.iosephson(qg, state.mn.us.
Sincerely,
WORKPLACE SAFETY CONSULTATION
Tracey Josephson
Safety Grant Program Administrator
Enclosures
This information cae be provided to you in alternative formats (Braille, large print or audie tape).
An Eeual Onnn~mitv [,mrdm,~r
STATE OF MINNESOTA 3,6,~ 0 3 ~03
GRANT CONTRACT Pti
WORKPLACE SAFETY CONSULTA~110~
This grant contract is between the State of Minnesota, acting through its Department of Labor and Industry, Occupational
Safety and Health Consultation Uni.t ("State") and City of Columbia Heights Fire Deot ("Grantee").
Recitals
1. Under Minn. Stat. § ?9.253 the State is empowered to enter into this grant.
2. The State deems the performance of the safety grant project hereunder to be important to the safety of workers.
3. The Grantee represents that it is duly qualified and agrees to implement the project described in this grant contract to
the satisfaction of the State.
Grant Contract
Term of Grant Contract
1.1 Effective date: ThisGrant Contract shall be effective upon the date that the final required signature is obtained by
the State, pursuant to Minn. Stat. § 16C.05, Subd. 2. The Grantee understands that no work relying on this Grant
Contract should begin until all required signatures have been obtained and Grantee is notified by the State's
Authorized Representative.
1.2 Expiration date: 120 days after the effective date, or until all obligations have been satisfactorily fulfilled,
whichever occurs fn'st.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract:
8. Liability, 9. State Audits; 10. Government Data Practices; 12. Publicity and Endorsement; 13. Governing Law,
Jurisdiction, and Venue; and 15. Data Disclosure.
2
Grantee's Duties ·
The Grantee, who is not a state employee, will: perform and complete the turn out gear, helmets, boots, gloves. ~o~gles
purchase and implementation project activities according to the project description incorporated herein (16) and
submitted in the grant application.
3
Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
Consideration and Payment
4.1 Consideration. The State will reimburse project costs under this grant contract as follows:
Reimbursement. The Grantee will be paid up to $10.000 per 4.2. Grantee certifies that the dollar for dollar
matching requirement for the grant will be met by Grantee. Any cost overnms incurred in the development and
implementation of the project shall be the sole responsibility of the recipient.
4.2.Payment
In~oice~ Subject to item 5, "Conditions of Payment", the State will promptly pay the Grantee, after the Grantee
presents proof of payment/receipts and the certification of completion form, and the requirements of the project
have been met, for the project costs expended and the States Authorized Representative accepts the expenditures·
Proof must be submitted timely and be based on the detailed records maintained of all expenditures related to the
project and according to the following schedule:
Proof of payment/receipt(s) upon project completion and certification.
5
Conditions of Payment
The project described by the Grantee under this grant contract must be implemented as submitted to the State's
satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with
all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive
payment for project grant until State has received a Certification of Completion Form and verified compliance with
Grant (Rev. 12/00)
7
9
10
11
all requirements for the project. The Grantee will not receive payment for work found by the State to be
unsatisfactory or performed in violation of federal, state, or local law.
Authorized Representative
The State's Authorized Representative is James Collins, MNOSHA Management Team. or his/her successor, and
has the responsibility to monitor the Grantee's performance and the authority to accept the project implementation
provided under this grant contract. If the project performance is satisfactory, the State's Authorized Representative
will certify acceptance on the Certificate of Completion Form submitted by Grantee.
The Grantee's Authorized Representative is Charles Thompson. If the Grantee's Authorized Representative
changes at any time during this grant contract, the Grantee must immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 ~lss/gnmet~& The Grantee may neither assign nor transfer any rights or obligatims under this grant contract
without the prior eons(mt of the State and a fully executed Assignment Agreement, executed and approved by
the same paxties who executed and approved this grant contract, or their successors in office.
7.2 Amendmenta Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complet& This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to
bind either party.
Liability
Thc G-~antee must indemnify, save, and hold thc State, its agents, and employees harm]ess from any claims or
causes of actiou, including attorney's fees incurred by thc State, arising from the performance of this grant contract
by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies
the Grantee may have for the State's failure to fulfill its obligations under this grant contract.
State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to examination by the State and/or thc State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years fxom the end of this grant contract. Grantee agrees
to an on-site safety and health consultation by State after the project is complete.
Government Data Practices
Government Data Pmct/ces. The Grantee and State must comply with the Minnesota Govenunent Data Practices
Act, Minn. Stat. Ch. 13, as it applies to all data provided by thc State under this grant contract, and with both it and
with Minnesota Rules part 5203.0050, subp 1, as they apply to ali data created, collected, received, stored, used,
maintained, or disseminated by the Grantee under this grant contract. Thc civil remedies of Minn. Stat. § 13.08
apply to the release of the data referred to in this clause by either the Grantee or the State.
If the Grantee recei~ a request to release thc data referred to in this Clause, the Grantee must i, miediatcly notify
the State. The State will give the Grantee instructions concerning the release of the data to the requesting party
before the data is released.
Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, suM. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no
way the State's obligation or responsibility.
Grant (Rev.
12
13
14
15
Publicity ~ad Endorsement
12.1 Pub//c/O'. Anypublicity regarding thc subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval firom the State's Authorized
Representative. For purposes of this provision, publicity includes notiees, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for thc Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
12.2 Endorsement. The Grantee must not claim that the State endorses its products or services.
Go~eraiag I,~w, Jurisdk'floa, nd Venue
Minnesota law, ~&~t ~ to i~ choi~f-law pm~ ~s ~s ~t ~n~ V~ue f~ ~1 l~al
~~~ out of ~s ~t ~ ~ i~ br~c~ m~ ~ ~ ~e ap~e ~te or f~ ~ ~ ~m~t~t
j~icti~ in ~ey Co~, Mi~o~.
Termination
14.1 Termination by the Stat~ The State may cancel this grant contract at any time, with or without muse, upon
30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment
determined on a pro rata basis, for items which accomplish safety goals, albeit short of project completion.
14.2 Thc State may oanoel this Grant Contraot iu~liatcly if the State finds that there has been a failure to
comply with the provisions of this Grant Contract, that reasonable progress has not been made or that the
purposes for which the funds were granted have not been or will not be fulfilled. The State may take action
to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and
requiring the return of all or part of the funds already disbursed.
Dat~ Disclosure
Under Minn. Stat. § 270.66, and other applicable law, the Grantee consents to disclosure of its social security
number, federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations.
These identification numbers may be used in the enforcement of federal and state tax laws which could result/n
action requir/ng the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
16
Other Provisions
Incoqx~ration by reference - The safety grant project description in the proposal submitted to State on 11/27/02
is attached and hereby incorporated by reference.
1. State Encumbraaee Vm'iflcafloa
Individual certifies that funds have been enc~abered m
req~,ired by Mi~. Stat. ~ l&4.15 ~d16C~05.
Signed:
Title: Assistant Commissioner
Date:
CFMS Grant contact No. A-
2. Grantee
The Grantee certifies that the appropriate person(s) have
executed the grant contract on behalf of the Grantee as
required by applicable articles, bylaws, resolutions, or ordinances.
Distribution:
Agency
Grantee
State's Authorized Representative - Photo Copy
3
Gmat (Rev. 12/00)
City of Columbia Heights Fire Department
555 Mill Street NE, Columbia Heights, MN 5542!
763-706-3650 Fax: 763-706-365!
Personal Protective Eauioment (PPE) Pro!ect Description
The City of Columbia Heights Fire Department has requested bids to purchase personal protective equipment
(turnout gear, helmets, goggles, hoods, gloves and boots) to bring all personners PPE up to current NFPA
(National fire Protection Assodation) and other industry standards. The purchase of new PPE will replace existing
substandard or out-of-date equipment.
Technical Verificotion of compliance with federal~ state and local regulations and applicable
standards such as fire coffes, UBC NEC. and OSHA. - Refer to vendor specifications. See attached bids.
Implementation ~ltedule: Coundl approval to purchase safety equipment. December 2002 - grant
application December 2002, notify council of grant award, notify vendor to proceed with purchase. Estimated
date of compleUon - March 2003.
Names and qualifications of primary responsible parties for completing this project.
Charles Thompson, Fire Chief
Matthew Field, Captain
Daniel O'Brien, Firefighter/EMT
Current status of project: Fire Department has obtained two bid quotations and is seeking grant funding from
the State of Minnesota.
Location of Project: Columbia Heights Fire Department - 555 Mill Street, Columbia Heights, MN 5542!
Number of employees that will benefit from completion of this project and how the project will
impact injury reduction efforts. Ten full-time and 30 part-time employees will benefit from the proposed
personal protective equipment improvements. This project will minimize the exposure of employees to [DLH
(immediately Dangerous to Life and Health) atmospheres.
The summary of the economic feasibility of the project: The Columbia Heights Fire Department annually
sets aside funding for PPE replacement and improvement. See attached financial statement section - budget
page.
Description of Items to be purchased (indude vendor quotes).
Costs:
15 sets of turnout gear (bunker pants, coats and suspenders) -
17 pairs of firefighting boots -
18 pairs of firefighting gloves -
50 firefighUng PB! hoods -
10 helmets-
40 sets of eye protection goggles -
Total Project Cost:
Amount requested from state grants.
Amount of employer-matching funds
Amount received or available from other sources.
J P~iCE I ¥OTAL AMOUNT J
$987.00/set $14,805.00
$74.50/pair $1,266.50
$33.7S/pair $607.50
$!7.49/each $874.50
$101.00/each $1,0!0.00
$36.00/each $1,440.00
$20,003.50
$10,000.00
$10,003.50
$o.oo
CERTIFICATION OF COMPLETION
Company Name:
Address:
City/State/Zip:
' I hereby certify that the conditions ~ud requirements outlined in thc Safety
Grant Agreement have bccn fulfilled by thc company named above. Receipts
and proof of payment for items purchased and photographs of new or
modified equipment and items are enclosed.
I further certify that I am a valid representative of the company named above,
and am authorized to certify project completion by the owner or a corporate
officer 0fthe company.
I understand that, in accordance with the Safety Grant Agreement,
documentation of project completion must be sUbmitted to the Minnesota
Department of Labor and Industry prior to the release of grant monies.
Authorized Signature
Date.
Title
Project Completion Date
Please complete, and return this certificate and all related documentation to the Minnesota
Department of Labor and Industry, Workplace Safety Consultation, 443 Lafayette Road, St. Paul,
MN, 55155. Contact Jim Collins at (651) 284-5060 ify°u have any questions.
Project ~proved for payment
James Collins, OMT Director
Workplace Safety Consultation Division
Project disapproved for'payment
James CoUin-q, Oh/iT Director
Workplace Safety Consultation Division
Date
FOR OFFICE USE ONLY
Approved for $
Date to acct
PO #
vemdor #
· Agreement #
CITY COUNCIL LETTER
Meetin~ of February 10, 2003
AGENDA SECTION: Consent ~' ORIGINATING DEPARTMENT CITY MANAGER
NO. ~° A'--~ POLICE APPROVAJ~, :~, t
ITEM: Application for one-time Gambling Request BY: Thomas M. Johnson/mid BY:
NO. By Th-City Hockey Association DATE: January 30, 2003 DATE:
BACKGROUND:
The Tri-City Hockey Association, Columbia Heights, Minnesota, has submitted a request to conduct a one-
time raffle event on February 14, 2003, at John P. Murzyn Hall, 530 Mill Street N.E., Columbia Heights.
ANALYSIS/CONCLUSION:
Since the organization satisfies the City Council's resolutions regarding one-time charitable gambling and
has paid the $25 permit fee, the City Manager recommends the following action.
RECOMMENDED MOTION: Move to direct the City Manager to forward a letter to the State Charitable
Gambling Control Board indicating that the City of Columbia Heights has no objection to a one-time raffle
event to be conducted by the Tri-City Hockey Association on February 14, 2003, at John P. Murzyn Hall,
Columbia Heights, Minnesota, and furthermore, that the City of Columbia Heights hereby waives the
remainder of the thirty-day notice to the local governing body.
mld
Attachments
01-019
COUNCIL ACTION:
J,qN-28-2OEI] DB: .59 GAI'IBL lNG CBNTRCL BOARD o;,zo-,?-,u ~-,
Minnesota Lawful Gambling
LG220 - Application for Exempt Permit
. O~anization Information
Organization name
ts ,q
Name of chief executive officer (CEO)
First name Last name
~lame of treasurer
First name _ I~at name
Page I of 2- 3/01
For Board Use Only
Fee-S25
Check No.
Previous lawful gambling exemplion number
c_~_mbling premises Information
Name of promises where gamb~ng acidity wlii be conducted (for milles, list the site whe~ the drawing wll take
' Address (do not use PO box, { City I State/"Zip. C°de [C°unly
Date(s) of activ~ (for milles, ind,:ate the date of the drawing)
Chec~ the box or box~ that indicate the type of gemb~ng activity your organization vail be conducting:
[~ Raflles (~ash prizes may not exceed $12.000) [] 'Paddlewheels ~--'l'Pul~Tabs
-E~_,¥_~;~em lo,these ~ mu= be obtained from a ~censed digmbutor.
This form will be made avahble in
Your name and and your o~anization's
-Type of Nonprofit Organization
Check the box that best describes your organization:
[] Fraternal []. Religious
[] Veteran J~other nonprofit organization
Check the box that indicates the type of proof your organization attached to this application:
.ctRS letter indicating income tax exempt status
ertificate of Good Standing from the Minnesota Secretary of State's Office
[] A charter showing you are an affiliate of a parent nonproffi organization
[] Proof previously submitted and on file with the Gambling Control Board
Daytime phone number of
treasurer.
alternative format (i.e. laq~e print, Braes)
upon request. The information r~luested
on this form (and any attachments) w~l be
used'by the Gambling Control Board
(Board) to determine your qualifications
be involved In lawful gambling acth/~s In
Minnesota. You he~ the right lo refuse to
if you refuse to supply this infommt~on, ',he
Boa~l may not be able to determine your
qualil~.~ions and, as a consequence, may
refu~e to i~ueyau a pem~it. Ifyou supply
the information requested, the Board will
be able to process your appr~ation.
name a~d addresswa be pubic ~formaUon
when received by the Board. A1 the other
Information that you provide va] ~ private
data about you until the Board issues your
permit. When the Boar(I issues your
permit, all of the infommtJon that you have
provided to the Board in the process of
applying foryour permit will become public.
If the Board does not i~ue you a permit,
al the information you have provided II1 the
pmcoss of applying for a ps,nit remains
private, with the excepUen of your name
and yaur organization's name a~d address
which ~ remain public.
Pr'~rale data about you am available only tO
Boa~l whose work assignment requires
that they have access to the i~ormation;
the Minnesota Department of Public Safely:.
the Minnesota Attorney General; the
Minnesota Commissioners of
Adminisb'atJon, Finance, and Revenue; the
Minnesota Legislalive Auditor, national and
International gamblng mgulatoryagencies;
anyone pursuant to court order; other
individuals and agencies .that are
specir~ally author:ed by state or federal
law to have access to the information;
indivkluals and agm~cies for which law or
legal order authorizes a new use or sherl~g
of I~formatJon alter this Not'co was
and a~yone with your consent.
Daytime phone number of CEO
"/~ 3" ..Cd
JAN-~B-2003 08:59 OAMBL',HG COHTROL
LG220 - Application for Exempt Permit
o~ganizatten Name
BOARD
b~,lbJ~4~J
Page 2 of 2
3/01
Local Unit of Government Acknowledgment
If the gambling premises Is within city Ilmlt~, th®
city must sign this application.
On behalf of the city, I acknowledge this apprK:ation.
Check the action that
the city is taking on this application.
OThe city approves the application with no
waiting period.
The city approves the application with a 30 day
wai~g period, and ~ the Board to iuue a
permit alter 30 days (60 days for a first class
city).
OThe city denies the application.
if the gambling promises Is located in a township, both
the county and township must sign thi~ applk:aSon.
On I~el~alf of the counb/, I acknowledge this application.
Check the action that
the county, ia taking on this application.
O The county the application with no
approves
waiting period.
The county approves the application with a 30 day
waiting pedod, and allows the Board to issue a
permit after 30 days.
O The county denies the application.
Print name of county
(Signature of county personnel receiving application)
T'~e
Date I
TOWNSHIP: On ~half of ~e town~lp, I acknowledge that
the organization is applying for exempted gambling act~
w~in the town~hip imils. [^ township has no statut~y
authority t~ approve or deny an application (M~n. Stat. sec.
349.213, subd. 2).]
Pri~ name of township
(Signature of township official acknowledging application)
Title
Date I I
Chief Executive Officer's Sil~[n~ature
The information provided in this · ~1:~. lic~n is c,~/O~lete~cu.rale to the best o, my knowledge.//(/!
..
Mail Application and Attachments
At least 45 days prior to your scheduled activity date send: · the completed application,
· a copy of your proof of nonprofit status, and
· a $25 application fee (make check payable to "State of Minnesota").
Application fees am not prorated, refundable, or transferable.
Send to: Gambling Control Board
1711 West County Road B, Suite 300 South
Ro~evllle, MN 55113
If your application has not
been acknowledged by the
local unit of government or
has been denied, do not
send Ihs application to the
Gambling Control Board.
of Minneso/,e
SECRETARY OF STATE
Certificate of Good Standing
I, Mary Kiffmeyer, Secretary of State of Minnesota, do
certify that: The corporation listed below is a corporation
formed under the laws of Minnesota; that the corporation was
formed by the filing of Articles of Incorporation with the
Office of the Secretary of State on the date listed below; that
the corporation is governed by the chapter of Minnesota Statutes
listed below; and that this corporation is authorized to do
business as a corporation at the time this certificate is
issued.
Name: Tri - City Hockey Association Inc
Date Formed: 10/19/1989
Chapter Governed By: 317A
This certificate has been issued on 01/30/03.
TRI-CITY HOCKEY ASSOCIATION, INC.
P,O. BOX 21547 / /'
t COLUMBIA HEIGHTS, MN 55421 17-13/910
· O^TE. / ~
,~ TOTHE ~ ~
~ ~/~ DOLLARS ~ ~:"~
CITY COUNCIL LETTER
Meeting of: February 10, 2003
AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER
NO: 5- A ' ~.v Community Development APPROVAL
ITEM: Conditional Use Permit BY: Tim Johnson BY: ~(
NO: Case #2003-0201, 4300 Central Avenue DATE: February 3, 2003
Issue Statement:
Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a
temporary "mini garden center" (Flower Mart) in the easterly portion of the parking lot of the Central Valu Mall,
4300 Central Avenue, from April 15, 2003 through July 15, 2003.
Background:
This will be the fourteenth year Linder's Greenhouses, Inc. will operate their greenhouse in Columbia Heights.
Analysis:
Section 9.607 1)e of the Zoning Ordinance requires a Conditional Use Permit for seasonal agricultural sales. The
attached site plan illustrates the configuration of two structures plus a patio area in fi.ont. This site plan and
configuration remains unchanged from previous years. A fence will enclose the patio and connect to each
structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all
times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking
will be prohibited. The principal uses of the subject parcel are preexisting and comply with General Business
zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after
placement of the accessory structures over this portion of the parking lot.
Recommendation:
The Planning and Zoning Commission held a Public Hearing for the request on February 4, 2003. They voted
unanimously to recommend City Council approval of the Conditional Use Permit subject to the one condition
listed in the recommended motion.
Recommended Motion:
Move to approve the Conditional Use Permit to allow the operation of a temporary mini-garden center at 4300
Central Avenue fi.om April 15, 2003 through July 15, 2003, subject to the following condition:
1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the
site.
Attachments: Staff Report; Correspondence.from Mr. Linder; Site plans; Public Notice
COUNCIL ACTION:
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: February 10, 2003
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY
NO: 5-' A ~-''~ Community Development MANAGER'S
/~ ~)~f ~)/ APPROVAL
ITEM: Adopt Resolution 2003-04, A BY: Robert Streetar, Di]'¢ct~ BY:
Resolution Appointing Commissioners DATE: February 4, 2003
to the Economic Development Authority
BACKGROUND:
The Mayor has appointed, and requests the City Council approve the appointment of Tammera
Ericson, Bruce Kelzenberg and Julienne Wyckoff to the Columbia Heights Economic Development
Authority (EDA).
RECOMMENDATION: The Mayor requests the City Council adopt Resolution 2003-04 the
appointment of Commissioners to the Columbia Heights Economic Development Authority.
RECOMMENDED MOTION: Move to Adopt Resolution 2003-04, being a resolution approving
the appointment of Tammera Ericson, Bruce Kelzenberg and Julienne Wyckoff as Commissioners to
the Columbia Heights Economic Development Authority.
A~achment
COUNCIL ACTION:
h:\Consent2003\CL Adopt Res 2003-04 EDAAppointment
RESOLUTION NO. 2003-04
BEING A RESOLUTION APPROVING THE APPOINTMENT OF A COMMISSIONERS
TO THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY.
WHEREAS, the City has, by the adoption of Resolution No. 96-01 (enabling resolution), duly
created an Economic Development Authority (EDA) for the City of Columbia Heights pursuant to
Minnesota Statutes, Chapter 469 (Act), and
WHEREAS, the Enabling Resolution provides that the Board of Commissioners of the EDA shall
consist of seven members, at least two, but not more than five, of who must be members of the City
Council, and
WHEREAS, the Mayor has this day appointed the following persons as Commissioner of the EDA
for the term as indicated:
Tammera Ericson
Bruce Kelzenberg
Julienne Wyckoff
Term ending January 1, 2007
Term ending January 1, 2007
Term ending January 3, 2005
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the appointment
of Tammera Ericson, Bruce Kelzenberg, and Julienne Wyckoff to the aforementioned terms of the
Columbia Heights Economic Development Authority.
Passed this
Offered by:
Seconded by:
Roll Call:
__ day of ,2003.
Mayor-Julienne Wyckoff
Patricia Muscovitz, Deputy City Clerk
HSResolutions2003\CL Resolution Appointment of EDA Commissioner
COLUMBIA HEIGHTS CITY COUNCIL LETTER
Meeting of: February 10, 2003
AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY
NO: t~' A - ~ Community Development MANAGER'S
.~ APPROVAL
ITEM: Adopt Resolution 2003-05, A BY: Robert Streetar, tof BY:
Resolution Appointing Commissioners DATE: February 4,
to the Housing & Redevelopment
Authority
BACKGROUND:
The Mayor has appointed, and requests the City Council approve the appointment of Tammera
Ericson, Bruce Kelzenberg and Patricia Jindra to the Columbia Heights Housing & Redevelopment
Authority (HRA).
RECOMMENDATION: The Mayor requests the City Council adopt Resolution 2003-05 the
appointment of Commissioners to the Columbia Heights Housing & Redevelopment Authority.
RECOMMENDED MOTION: Move to Adopt Resolution 2003-05, being a resolution approving
the appointment of Tammera Ericson, Bruce Kelzenberg and Patricia Jindra as Commissioners to the
Columbia Heights Housing & Redevelopment Authority.
Attachment
COUNCIL ACTION:
h:\Consent2003\CL Adopt Res 2003-05 HRA Appointment
RESOLUTION NO. 2003-05
BEING A RESOLUTION APPROVING APPOINTMENT OF COMMISSIONERS
TO THE COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT
AUTHORITY
WHEREAS, the City has, by the adoption of a formal resolution, duly created an
Housing and Redevelopment Authority (HRA) for the City of Columbia Heights,
pursuant to Minnesota Statutes, Chapter 469 (Act), and
WHEREAS, the resolution provides that the Board of Commissioners of the HRA shall
consist of six members, who shall be residents of the area of operation of the HRA, and
WHEREAS, the Mayor has this day appointed the following Commissioners of the HRA
for the terms as indicated:
Patricia Jindra
Tammera Ericson
Bruce Kelzenberg
Term ending January 7, 2008
Term ending January 1, 2007
Term ending January 1, 2007
and,
WHEREAS, the terms of the Commissioners shall coincide with their respective terms of
office as a City Councilmembers and resident, Patricia Jindra, will serve consecutively
for a period of five years.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Columbia Heights
hereby approves appointment of the above named persons as Commissioners of the HRA
for the terms as indicated herein.
Passed this
Offered by:
Seconded by:
Roll Call:
day of ,2003.
Mayor-Julienne Wyckoff
Patricia Muscovitz, Deputy City Clerk
H:\Resolutions2003\CL2003-05 Appointment to HRA
CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
HRA COMMISSIONERS:
Julienne Wyckoff
Bruce Nawrocki
Bobby Williams
Tammera Ericson
Bruce Kelzenberg
Visit Our Website at: www. ci. cohtmbia-heights.mn.us
HOUSING & REDEVELOPMENT AUTHORITY (HRA)
February 1, 2003
Walt Fehst, Executive Director
Columbia Heights Housing & Redevelopment Authority (HRA)
590 40th Avenue NE
Columbia Heights, MN 55421
This letter is to inform you of my resignation from the Columbia Heights Housing &
Redevelopment Authority (HRA) effective February 1, 2003. Thank you for everything you
have done to make my term a very informative one.
Yours very truly,
~ilienne Wyckoff (J U
Mayor
c: Bob Streetar, Deputy Executive Director
THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPOrtunITY EMPLOYER
CITY COUNCIL LETTER
Meeting off February 10, 2003
AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER
NO: ~ - ~ - q License Department APPROVAL
ITEM: License Agenda BY: Shelley Hanson~~, DATE:
NO: DATE: February 5, 2003 BY:
BACKGROUND/ANALYSIS
Attached is the business license agenda for the February 10, 2003 City Council meeting. This agenda
consists of applications for a Wine/Beer License for Immaculate Conception Church for a one day event
on March 29, 2003, and various Contractor Licenses for 2003.
Please note: Immaculate Conception has requested the fees be waived, (see attached letter). The fee
normally charged would be $100 for the one-day event.
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 February 10, 2003 as presented,
and to waive the fee of $100 for Immaculate Conception Church's Temporary Wine/Beer License for a
fundraising event being held March 29, 2003.
COUNCIL ACTION:
TO CITY COUNCIL February 10, 2003
*Signed Waiver Form Accompanied Application
2003 BUSINESS LICENSE AGENDA
POLICE
TEMPORARY WINE/BEER LICENSE
*Immac. Conception Church 4030 Jackson St
Asked for Fees
t° be Waived
BLDG
CONTRACTORS LICENSES
*Tim's Quallity Plumbing
*HP Pipeworks
*Doug Olson Plumbing
*Piperight Pllumbing
*RA Johnson & Son
*Premier Heating
*Affordable Air
*St Paul Plumbing & Htg
*Templeton Construction
*Peterson Stucco
523 Central Ave
3670 Dodd Rd, Eagan
931 44th Ave, Col Hts
8301 Riverview Terr.
25 Crescent St, Big Lake
17123 Round Lk Rd
4030 Hayes St
640 Grand Ave
1304 E Pacific Ave
12351 Cloud Dr, Blaine
$50.00
$5O.OO
$50.OO
$5O.O0
$50.00
$50.00
$50.00
$50.00
$50.00
$50.00
January29,2002003
City Council
City of Columbia Heights
Dear Council Members,
The Home & School Association of Immaculate Conception School is presenting its 7t~
annual Theme Dinner/Silent Auction Benefit on Saturday March 29, 2003. The money
raised is to improve our school.
Our event is small, as is the profit we make from the event. We are asking that you
please waive the city application fee for this event.
Thank you for your support, time and consideration.
Sincerely,
Dinner Event Coordinator
Immaculate Conception School
CITY OF COLUMBIA HEIGHTS
FINANCE DEPARTMENT
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF COLUMBIA HEIGHTS
Motion to approve payment of bills out of the proper funds, as listed in the attached
check register covering Check Number I OIt~ L[~) through [ ~)~
in the amount of $ l, }~1,~o0~ .'~-q .
These checks have been examined and found to be legal charges against the CITY OF
COLUMBIA HEIGHTS, and are hereby, recommended for payment.
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CITY COUNCIL LETTER
Meeting of February 10, 2003
AGENDA Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER
SECTION: Fire APPROVAL
NO:
ITEM: Close Hearing BY: Charlie Thompson BY:
Rental License Revocation
DATE: February 7, 2003 DATE:
NO:
The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against
Estate of Susan Loewenthal regarding rental property at 1206-1208 Circle Terrace Blvd for failure to meet the
requirements of the Residential Maintenance Code was scheduled to commence at the City Council meeting of
February 10, 2003.
The public hearing on this property may now be closed in that the property owner has corrected numerous
deficiencies inside the building and has received an extension to complete the rest of the work.
RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the
Rental License Held by Estate of Susan Loewenthal Regarding Rental Property at 1206-1208 Circle Terrace
Blvd in that the Property Owner has corrected numerous deficiencies inside the building and has received an
extension to complete the rest of the work.
COUNCIL ACTION:
CITY COUNCIL LETTER
Meetinl~ off February 10, 2003
AGENDA SECTION: Other Business ~/~ ORIGINATING DEPT.: CITY MANAGER
NO:~ Community Development APPROVAL
ITEM: Conditional Use Permit BY: Tim Johnson BY:
NO: Case # 2003-0202, 3989 Central Avenue NE DATE: February 3, 2003
Issue Statement: This is a request for a Conditional Use Permit to allow for the establishment of a 12,200 square foot area
learning center serving 125 students of School District 916, on the second floor of the Columbia Heights Business Center.
Bacl~ronnd: District 916 has withdrawn their request for a conditional use permit to operate a school in the Walgreen's
space at 4350 Central Avenue. In following the process of searching out other compatible sites for their proposed use,
several non-traditional office settings were selected. However, the location that seems to work best for both the applicant
and staff is the second floor of the Columbia Heights Business Center. In addressing this location, Section 9.1005 of the
Columbia Heights Zoning Ordinance allows Vocational, Business, Performing, Visual, and Martial Arts Schools as
permitted uses in the CBD zoning district. However, public or private K-12 schools are not listed as either permitted or
conditional uses in this commercial district. Rather, public or private K-12 schools are allowed by conditional use in
residential districts.
Analysis: Staffhas made the determination that the learning center proposed is appropriate and compatible with the
Central Business District and adjacent businesses. A proposed seven-year lease of second floor office space in the CBD
establishes a beneficial and well-established program that is important to serving Columbia Heights students. Parking
requirements are satisfied as the parking ramp has space for approximately 400 vehicles, of which the school would use 43
spaces. Also, a new exclusive ALC entrance will be constructed on the northeast section of the plaza between the parking
ramp and the building. All transportation drop-offs and pick-ups including shuttle bus service will occur on 40th Avenue.
The ALC will operate from 8am to 8pm, Mondays through Fridays serving a maximum of 125 students and 15 staff. Staff
is supportive of this location and has met with the property owners to confirm their level of commitment and support for this
proposal. Staff believes this program is a compatible and consistent fit with other businesses in the CBD, and will serve to
further enhance the redevelopment of the downtown core.
Recommendation: The Planning and Zoning Commission held a Public Heating for the request on February 4, 2003.
They voted unanimously to recommend City Council approval of the Conditional Use Permit.
Recommended Motion: Move to approve the Conditional Use Permit to allow for the establishment of an Area Learning
Center for Northeast Metro School District 916 at 3989 Central Avenue NE, as the Area Learning Center is a substantially
similar and compatible use with the other uses in the Central Business District as determined by the Zoning Official.
COUNCIL ACTION:
Attachments: Staff Report; Applicant narrative; Architect plans; Public Notice