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HomeMy WebLinkAboutMay 13, 2002 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. coh,nbia-heights, mn. us ADMINISTRATION May 10, 2002 Mayor Gary L. Peterson Councilmembers Marlaine &urek Julienne Wyckoff Bruce NawrocPd Robert ,4. l~ilIiatns City 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, May 13, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate ~ all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Bill Warner - NEI CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations B) Presentations 1) Values First Community Recognition Awards - Barb Warren a) Business - Bruce Magnuson, IPC Printing b) Individual - Karen Moeller c) Community Organization - Fridley/Columbia Heights Rotary, Dr. Mary Ann Nelson 2) Jerry Foss - Columbia Heights Boosters 3) Columbia Heights Royalty C) Introduction of New Employees D) Recognition CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the April 22, 2002, regular City Council meeting as 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 Agenda May 13, 2002 Page 2 of 4 presented. 2) Authorize renewal of Class B Gambling License for Immaculate Conception Church for activities held at the Church MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal ora Class B charitable gambling license for the Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty- day notice to the local governing body. 3) Authorize Premise Permit Renewal/Application for Immaculate Conception Church at Mady's Bowling Center MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control board stating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for the Church of Immaculate Conception in conjunction with activities at Mady's Bowling Center, 3919 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 4) Authorize Premise Permit Renewal Application at The Star Bar & Grill MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at The Star Bar and Grill, 4005 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 5) Authorize Appointments to the Human Services Commission MOTION: Move to appoint Jocelyn Hall and Mohamed Hassan Osman to the City of Columbia Heights Human Services Commission with terms to expire in April 2005. 6) Authorize permits for 2002 Jamboree MOTION: Move to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 24th 2002 through Sunday, June 30th, 2002. MOTION: Move to authorize the Police Department to issue a parade permit for the Jamboree Parade to be held on Friday, June 28, 2002 at 6:30 p.m. for the following streets: Washington Street, 40th Avenue west, south on Lookout Place, south on 5th Street, east on 39th Avenue, north on Van Buren Street, west on 40th Avenue. 7) Adopt Resolution No. 2002-36, being a resolution accepting bids and awarding contract for the Prestemon Park backstop and players bench fencing MOTION: Move to waive the reading of Resolution No. 2002-36, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-36, being a Resolution accepting bids and awarding City Project 2002-04 Prestemon Park backstop and player's bench area fencing, to Century Fence based upon their low, qualified, responsible bid in the amount of $9,099.00, with funds appropriated from Fund 412-50204-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. City Council Agenda May 13, 2002 Page 3 of 4 8) Adopt Resolution No. 2002-34, being a Resolution authorizing application for an opportunity grant through the Livable Communities Demonstration program MOTION: Move to waive the reading of Resolution No. 2002-34, there being ample copies available to the public. MOTION: Move to Adopt Resolution No. 2002-34, a Resolution authorizing application for an Opportunity Grant through the Livable Communities Demonstration Program. 9) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 13, 2002 as presented. 10) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. PUBLIC HEARINGS A) Public Hearing called for Revocation/Suspension of Rental Housing License at 4524 Monroe Street NE, MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Ruben Cruz regarding rental property at 4524 Monroe Street in that the Property Owner has corrected all deficiencies inside the building and has received an extension to complete the work on the outside of the building. B) Public Hearing called for Revocation/Suspension of Rental Housing License at 3849 Central Avenue, MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by F. C. Celtic, L.L.C. regarding rental property at 3849 Central Avenue in that the property complies with the Residential Maintenance Code. c) Public Hearing called for Revocation/Suspension of Rental Housing License at 1224-1226 Circle Terrace Blvd. NE MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the rental license held by Salman Ali regarding rental property at 1224-1226 Circle Terrace Blvd. in that the property complies with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Res. No. 2002-37, being a resolution for Advance Encumbrance of MN State Aid Funds for Central Ave. Street, Utility and Streetscaping Improvements Project 9912, 9912-A and 99-20 MOTION: Move to waive the reading of Resolution No. 2002-37, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-37, requesting the advance encumbrance of funds from Mn/DOT State Aid for Central Avenue Street, Utility and Streetscaping Improvements, Project 9912, 9912-A and 99-20 B) Bid Considerations 1) Adopt Resolution No. 2002-33, being a resolution accepting bids and awarding contract for Central Avenue Street, Utility and Streetscaping improvements pr0ject 9912, 9912-A and 99-20. MOTION: Move to waive the reading of Resolution No. 2002-33, there being ample copies available to the public. City Council Agenda May 13, 2002 Page 4 of 4 MOTION: Move to adopt Resolution No. 2002-33, being a Resolution accepting bids and awarding the 2002 Central Avenue Street, Utility and Streetscaping, Project No. 9912, 9912-A, and 99-20 to Thomas and Sons of Rogers, Minnesota in the amount of $3,872,405.02 based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MOTION: Move to accept the proposal from Xcel Energy in the amount of $358,300 for installation of 97 streetlights; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 2) Adopt Resolution No. 2002-35, being a Resolution accepting bids and awarding contract for the Zone 6A Street Rehabilitation Improvements, City Project No. 0202 to Park Construction Company MOTION: Move to waive the reading of Resolution No. 2002-35, there being ample copies available to the public. MOTION: Move to approve and adopt Resolution No. 2002-35 accepting bids and awarding the 2002-Street Rehabilitation Projects in Zone 6A, Project No.0202 to Park Construction of Minneapolis, Minnesota in the amount of $1,092,816.35 based upon their low, qualified responsible bid and accepting Alternate 1 (unit price basis) for residential construction; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. C) Other Business -8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney e GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Park and Recreation commission of March 27, 2002. 2) Meeting of the Public Library Board of Trustees of April 2, 2002. 3) Meeting of the Planning and Zoning Commission of May 7, 2002 4) Meeting of the Telecommunications Commission of April 18, 2002 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER da Ma/gee, As,, ~rt~o the City Manager LM/pm OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS REGULARD CITY COUNCIL MEETING APRIL 22, 2002 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, April 22, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Malcolm Watson, resident and past City Manager, gave the invocation. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams, and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Peterson added making an appointment to the Police and Fire Civil Service Commission. Walt Fehst, City Manager, indicated that there are interviews set for the Assistant Fire Chief position on Saturday, April 27th, and with two current openings on the commission there is need for at least one appointment prior to the interviews. Wyckoff stated that Nawrocki, Peterson and herself were at the interviews and that only these three Councilmembers should vote on this one appointment. Fehst stated that this is an appointment by the Mayor. Peterson asked Szurek and Williams if they were comfortable making a decision at this time. Szurek and Williams stated they would be willing to make a recommendation. Peterson placed this as agenda item 7C- Other Business. PROCLAMATIONS, PRESENTATIONS~ RECOGNITIONS AND GUESTS Proclamations - Read by Mayor Peterson MN Safe and Sober May Mobilization in the City of Columbia Heights - May 24 to June 4, 2007 Chief Tom Johnson stated he was pleased to accept the proclamation with its intent being to increase the use of seatbelts. The Police Department will be tracking seatbelt usage, trying to increase usage, and assist with programs at the High School to encourage usage. Johnson stated this is a statewide effort. Police Week - May 12 to 18, 2000 Chief Johnson stated this proclamation has a special meaning because in 1977 we lost Officer Ramsdell. He stated that on May 5th we will host an ecumenical service at First Lutheran Church at l :OO p. m., where officers and survivors will come to honor those who have given their lives in the line of duty. Alcohol Awareness Week - May 6 to May 10, 2002 Columbia Heights High School students Emily Erickson, President of the Key Club; Julie Prior, Vice-President of the Junior Class; and Mindy Beal, Junior Class President accepted and thanked the City Council for this proclamation. Chief Johnson stated there would be a mock alcohol related accident at the high school again this year, with the County Coroner participating. He complimented students for their efforts and thanked Fire Chief Thompson for the Fire Department's cooperation. 2002 Arbor Day and Arbor Month Proclamation Lauren McClanahan, Public Works Superintendent and City Forrester, accepted the Arbor Day proclamation and stated that this is the tenth year Columbia Heights has received the Tree City USA award. Tim Lund, Park Foreman, indicated that the 2002 Arbor Day Celebration would be on Friday, April 26, l :30 p. m. at LaBelle Park with the planting of two purple Ash trees. City Council Minutes April 22, 2002 Page 2 of 23 2002 National Public Works Week McClanahan accepted the proclamation. He stated there would be an open house at the public works building on May 22na, from 4:00p. m. to 7:00p. m. and invited the community to attend. Fehst stated that other City Departments, City Boards and Commissions, and our Sister City committee would be present to provide information. 2002 Mayor's Prayer Breakfast Mayor Peterson explained the event and invited anyone interested to call City Hall, or himself, for further information. Nawrocki stated that Sunday, April 28th, from 2:00 to 5:00p. m. is the Annual Old Timers Day at Murzyn Hall, which is a social gathering of past and present residents. Fehst referred to the State pOlice awards ceremony held in St. Cloud last Wednesday, and spoke of recognition given to Columbia Heights resident Ellen Thompson who assisted our officer in his time of need. Fehst described the 60th Anniversary celebration of the United Methodist Church. Presentations Peterson indicated that Jerry Foss, Booster Club Board Member, was not able to attend the meeting, and would be placed on the May 15th agenda. Introduction of New Employees - none Recognition - none CONSENT AGENDA Fehst corrected a previous comment by stating that Police and Fire Civil Service Commissioners must live within the city limits, and be appointed by Council. Residence is not necessary for other commissions, if agreed by the majority of the Council. A) Motion by Nawrocki, second by Szurek, to approve the Consent Agenda items, not including #2, and #5, as follows: 1) Minutes for Approval a) Motion to approve the minutes of the April 1, 2002, Board of Appeals and Equalization meeting as presented. b) Motion to approve the minutes of the Continued April 1, 2002, Board of Appeals and Equalization meeting held on April 8, 2002 as presented. c) Motion to approve the minutes of the April 8, 2002, regular City Council meeting as presented. 2) Establish Work Session Meeting Dates for Monday, May 6, 2002 and Monday May 20, 2002, at 7:00 p.m. City Hall Conference Room 1 - Removed for discussion. Fehst listed May 6 work session items: Results of last year's audit · Fire works bid · Discussion of the Central Avenue bids. Fehst stated items for the May 20tn meeting would be listed at the May 13th City Council meeting. City Council Minutes April 22, 2002 Page 3 of 23 3) Authorize Purchase of T-Shirts and Youth Sports Equipment Motion to award the purchase of t-shirts to Ideal Advertising, 8070 University Ave., Fridley, MN based upon their low, qualified, responsible bid in the amount of $5,209.00 with funds to be appropriated from 881-45001-2170; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Motion to aware the purchase of youth sports equipment to Dave's Sport Shop, 1001 East Moore Lake Drive, Fridley, MN based upon their low, qualified, responsible bid in the amount of $6,882.60 with fimds to be appropriated from account 881-45001-2170; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 4) Authorize fireworks display and to seek bids for 2002 Jamboree Fireworks Motion to authorize fireworks on Friday, June 28, 2002 in conjunction with the Jamboree activities and to seek bids for a $6,000 fireworks display with $3,000 appropriated from fund 101-45050- 4378. Fehst stated that the fireworks display was recommended for Friday night, instead of Saturday night, because the Lions Club and SACCC are organizing a possible concert from 6:00p. m. to l O:OO p. m. on Saturday night. 5) Approve Bartending Contract for Liquor Services at John P. Murzyn Hall - Removed for discussion Fehst stated this wouM put in writing the agreement that has been in place for years, with the Lions Club, for the concessions at Murzyn Hall. 6) Adopt Resolution No. 2002-30, being an Order to Cease and Desist Motion to waive the reading of Resolution No. 2002-30, there being ample copies available to the public. Motion to adopt Resolution No. 2002-30, being an Order to Cease and Desist. Nawrocki explained that AT& T Broadband has attempted to propose arbitration to eliminate certain rights, like class action lawsuits. The Telecommunications Commission has recommend to forward a Cease and Desist order to them. Fehst stated that this wouM have meant that anyone continuing service would agree to binding arbitration. Nawrocki stated he has the 2001 annual report available for review. RESOLUTION NO. 2002-30 BEING AN ORDER TO CEASE AND DESIST WHEREAS, thc City of Columbia Heights, Minnesota (the "City") adopted a cable television franchise on June 25, 1990, setting forth the terms and conditions under which Teleprompter of Columbia Heights/Hill-top, Inc. was authorized to construct, operate and maintain its cable system in the City (the "Franchise"); and WHEREAS, as a result of numerous transfers of ownership and control, the Franchise is currently held by McdiaOne North Central Communications Corp., d/b/a AT&T Broadband; and WHEREAS, AT&T Broadband must comply with the terms of thc Franchise; and WHEREAS, in accordance with § 11.117(8) of the Franchise, the City supervises and enforces the Franchise on a day-to-day basis. NOW, THEREFORE, thc following is resolved: Findings 1. AT&T Broadband sent a new Customer Service Agreement ("CSA") to subscribers in the City. 2. The new CSA contains several modifications to the older agreement and was sent out as a "bill stuffer" to City Council Minutes April 22, 2002 Page 4 of 23 subscribers in the City. 3. The new CSA unilaterally attempts to impose a mandatory arbitration provision governed by the Federal Arbitration Act (the "Arbitration Clause"). 4. The Arbitration Clause, among other things, purports to eliminate certain rights otherwise enjoyed by subscribers, most importantly the right to damages other than actual damages and the right to bring a class action lawsuit. 5. The new CSA states that acceptance of its terms, including the Arbitration Clause, will be presumed where there is continued use of service and that, if a subscriber finds the terms of the new CSA unacceptable, the only recourse available to the subscriber is to cancel service. 6. The terms of the CSA were not negotiable and were offered on a "take it or leave it" basis. 7. Pursuant to the terms of the Franchise, AT&T Broadband is required to comply with all laws affecting the cable system. 8. Pursuant to the terms of the Franchise, AT&T Broadband may be assessed a penalty of $50.00 per day for failing to comply with any Franchise provision. Conclusions The CSA is invalid for the following reasons: (a) subscribers did not knowingly, voluntarily, and intelligently waive their Constitutional right to a jury trial; and (b) the contract is unconscionable under Minnesota contract law as a contract of adhesion. Order Based on the foregoing Findings and Conclusions, the City Council for the City of Columbia Heights hereby enters the following orders: 1. AT&T Broadband is hereby ordered to immediately cease and desist the implementation, imposition and enforcement of the Arbitration Clause in the new CSA. 2. AT&T Broadband is hereby ordered to immediately notify the Assistant to the City Manager of AT&T Broadband's intent to fully comply with this Order. 3. AT&T Broadband is hereby ordered to do the following within thirty (30) days of the effective date of this Order: (i) modify its CSA by bringing its dispute resolution policy into total compliance with applicable law; (ii) provide the City with an opportunity to review and approve the revised dispute resolution policy before it is issued to subscribers; (iii) inform the Assistant to the City Manager of the manner in which subscribers will be notified of the revised dispute resolution policy; and (iv) issue a revised dispute resolution policy to subscribers. 4. Failure to comply with this Order may result in a franchise violation, the immediate issuance of a notice of violation to AT&T Broadband, and the invocation of appropriate remedies. 5. This order shall be effective immediately upon its approval by the City Council. Passed this 22na day of April 2002 by the Columbia Heights City Council. 7) Authorize Transfer of Funds from General Fund to Police Department Budget to Repay Overtime fund Motion to transfer $6,396.64, the total amount received from Unique Thrift Store, Columbia Heights High School, Columbia Heights Recreation Department, and the Heights Theater (Morgan & Meyers) for off duty security worked, from the General Fund to the Police Department 2002 budget under line 1020, Police overtime. Fehst stated that this transfer of funds is consistent with past practice. 8) Authorize attendance at out town conference by Police Explorers Motion to authorize the attendance of Officer Joe Sturdevant and CSO Christine Okerstrom as advisors, and four Police Explorers at the 2002 State Law Enforcement Explorer Conference on April 25 - 28, 2002 at Breezy Point, Minnesota, with costs to be covered out of the 2002 Police Department budget, 101-42100-3320. Fehst stated that this is an annual event for Police Explorers and staff liaisons. 9) Adopt Resolution No. 2002-31, being a Resolution Establishing Election Precinct Boundaries and Polling Places City Council Minutes April 22, 2002 Page 5 of 23 Motion to waive the reading of Resolution No. 2002-31, there being ample copies available to the public. Motion to adopt Resolution No. 2002-31, being a resolution establishing precinct boundaries and designating polling places. RESOLUTION 2002-31 RESOLUTION ESTABLISHING PRECINCTS AND POLLING PLACES WHEREAS, the legislature of the State of Minnesota has been redistricted; and WHEREAS, the voting precincts in the City must be reestablished after the legislature has been redistricted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, Anoka County, State of Minnesota that: 1. The City be divided into eight voting precincts effective with the September 10, 2002 State Primary Election, and 2. That the boundaries of the precincts are hereby established pursuant to Minnesota Statute 204B. 14, subdivision 3c, and 3. That the polling places of the precincts are hereby established pursuant to Minnesota Statute 204B. 16, and 4. That such boundaries and polling places shall be as follows: Precinct 1 described as follows: Beginning at the intersection of 44th and Main Street, south along the center line of Main Street to 40th Avenue, west along the center line of 40th Avenue to the west boundary of Columbia Heights, south along the western boundary of Columbia Heights to 37th Avenue, east along the center line of 37th Avenue to 5th Street, north along the center line of 5th Street to 39th Avenue, northeast along the center line of 39th Avenue to Jefferson Street, north along the center line of Jefferson Street to 40th Avenue, west along the center line of 40th Avenue to 7th Street, north along the center line of 7th Street to 44th Avenue, west along the center line of 44th Avenue to the center line of Main Street. The polling place for Precinct 1 shall be John P. Murzyn Hall located at 530 Mill Street. Precinct 2 described as follows: Beginning at the intersection of 44th Avenue and 7th Street, south along the center line of 7th Street to 40th Avenue, east along the center line of 40th Avenue to Jefferson Street, south along the center line of Jefferson to 39th Avenue, west along the center line of 39th Avenue to 5th Street, south along the center line of 5th Street to 37th Avenue, east along the center line of 37th Avenue to Central Avenue, north along the center line of Central Avenue to 44th Avenue, west along the center line of 44th Avenue to the center line of 7th Street. The polling place for Precinct 2 shall be Northwestern Electronics Institute located at 825 41 st Avenue N.E. Precinct 3 described as follows: Beginning at intersection of 42nd Avenue and Central Avenue, south along the center line of Central Avenue to 37th Avenue, east along the center line of 37th Avenue to Hayes Street, north along the center line of Hayes Street to 40th Avenue, west along the center line of 40th Avenue to Reservoir Boulevard, northeast along the center line of Reservoir Boulevard to 42nd Avenue, west along the center line of 42nd Avenue to the center line of Central Avenue. The polling place for Precinct 3 shall be Parkview Villa located at 965 40th Avenue N.E. Precinct 4 described as follows: Beginning at the intersection of 42nd Avenue and Central Avenue, east along the center line of 42nd Avenue to Reservoir Boulevard, northeast along the center line of Reservoir Boulevard to McLeod Street, west along the center line of McLeod Street to north along the center line of McLeod Street to 45th Avenue, west along the center line of 45th Avenue to southwest corner of Keyes Park, north along the western boundary of Keyes Park to 46th Avenue, east along the center line of 46th Avenue to the Minneapolis Water Works, north along the boundary of the Minneapolis Water Works to 49th Avenue, west along the center line of 49th Avenue to Fillmore Street, northwest along the center line of Fillmore Street to 50th Avenue, west along the center line of 50th Avenue to Central Avenue, south along the center line of Central Avenue to the center line of 42nd Avenue. The polling place for Precinct 4 shall be Highland Elementary School located at 1500 49th Avenue N.E. Precinct 5 described as follows: Beginning at the intersection of Hayes Street and 37th Avenue, east along the center line of 37th Avenue to Stinson Boulevard, north along the center line of Stinson Boulevard to 45th Avenue, west along the center line of 45th Avenue to the Minneapolis Water Works, west along the southern boundary of the Minneapolis Water Works to Keyes Park, west along the southern boundary of Keyes Park to McLeod Street, south along the center line of McLeod Street then east along the center line of McLeod Street to Reservoir Boulevard, southwest along the center line of Reservoir Boulevard to 40th Avenue, east along the center line of 40th Avenue to Hayes Street, south along the center line of Hayes Street to the center line of 37th Avenue. The polling place for Precinct 5 shall be First Lutheran Church located at 1555 40th Avenue N.E. City Council Minutes April 22, 2002 Page 6 of 23 Precinct 6 described as follows: Beginning at the intersection of Stinson Boulevard and 45th Avenue, north along the center line of Stinson Boulevard to the northern boundary of Columbia Heights, west along the northern boundary of Columbia Heights to Central Avenue, south along the center line of Central Avenue to 50th Avenue, east along the center line of 50th Avenue to Fillmore Street, southeast along the center line of Fillmore Street to 49th Avenue, east along the center line of 49th Avenue to Johnson Street, south along the western border of the Minneapolis Water Works to 46th Avenue, west along the center line of 46th Avenue to northwest corner of Keyes Park, south along the western boundary of Keyes Park to 45th Avenue, east along the center line of 45th Avenue to the southern boundary of Minneapolis Water Works, east along the southern boundary of Minneapolis Water Works to 45th Avenue, east along the center line of 45th Avenue to the center line of Stinson Boulevard. The polling place for Precinct 6 shall be Highland Elementary School located at 1500 49th Avenue N.E. Precinct 7 described as follows: Beginning at the intersection of 7th Street and 44th Avenue, east along the center line of 44th Avenue to Central Avenue, north along the center line of Central Avenue to 53rd Avenue, west along the center line of 53rd Avenue to 7th Street, south along the center line of 7th Street to the center line of 44th Avenue. The polling place for Precinct 7 shall be Valley View Elementary School located at 800 49th Avenue N.E. Precinct 8 described as follows: Beginning at the intersection of Main Street and 44th Avenue, east along the center line of 44th Avenue to 7th Street, north along the center line of 7th Street to 53rd Avenue, west along the center line of 53rd Avenue to University Avenue, south along the center line of University Avenue to 45th Avenue, west along the center line of 45th Avenue to Main Street, south along the center line of Main Street to the center line of 44th Avenue. The polling place for Precinct 8 shall be Valley View Elementary School located at 800 49th Avenue N.E. Passed this 22n~ day of April, 2002 by the Columbia Heights City Council 10) Adopt Resolution No. 2002-28 Declaring the Intent to Bond for Zone 6A Street Rehabilitation projects, including utilities Motion to waive the reading of Resolution No. 2002-28, there being ample copies available to the public. Motion to adopt Resolution No. 2002-28, approving the declaration for the official intent of the City of Columbia Heights to Bond for Zone 6A Street Rehabilitation Project. Fehst stated that by declaring intent to bond, any labor or expenses we incur prior to issuance of the bond would be included. Nawrocki questioned authorizing a larger amount than the projected need. Fehst stated that this is a normal precaution. RESOLUTION NO. 2002-28 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds ora bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for project number 2002-02, consisting of Street Rehabilitation and Utility work identified as the Zone 6A Street Rehabilitation Project, and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $1,375,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. Passed this 22nd day of April 2002 by the Columbia Heights City Council. 11) Adopt Resolution No. 2002-29, being a Resolution Declaring the Intent to Bond for Central Avenue Street, Utility, and Streetscaping improvements. Motion to waive the reading of Resolution No. 2002-29, there being ample copies available to the public. City Council Minutes Aph122, 2002 Page 7 of 23 Motion to Adopt Resolution No. 2002-29, approving the declaration for the official Intent of the City of Columbia Heights to Bond for the Central Avenue Street, Utility and Streetscaping Improvements. Fehst listed the amounts totaling $3.8 million and stated the total would be substantially lower than this, but Council would be made aware of any action taken. Nawrocla' stated he did not want the bonds increased at a later date. Fehst stated that the bond underwriter and bond attorney would not allow that to happen. RESOLUTION NO. 2002-29 DECLARING THE OFFICIAL INTENT OF THE CITY OF COLUMBIA HEIGHTS TO REIMBURSE CERTAIN EXPENDITURES FROM Tiz[E PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, Internal Revenue Service has issued Tres. Reg 1.140-2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the "City") expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS AS FOLLOWS: 1. The City reasonably intends to make expenditures for project number(s) 1999-12 and 1999-12A, consisting of Trunk Highway Rehabilitation, Utility and Streetscaping work identified as the Central Avenue Street Rehabilitation Project, and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $3,875,000. 2. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150-2 and any successor law, regulating or ruling. Passed this 22nd day of April 2002 by the Columbia Heights City Council. 12) Adopt Resolution No. 2002-32, being a Resolution accepting the petition for the Full Street Reconstruction of Monroe Street, from 43rd to 44th Avenues Motion to waive the reading of Resolution No. 2002-32, there being ample copies available to the public. Motion to Adopt Resolution No. 2002-32 acceptin.~ a petition for Full Street Reconstruction from property .owners on Monroe Street, from 43rd to 44u' Avenues, and declaring the petition adequate, representing one hundred percent of the fronting property owners. Fehst stated that this action is the result ora petition filed by residents. Wyckoff asked how the additional cost would be covered. Fehst stated that the original project estimate was high, and since the residents are requesting a higher quality project, that we should try to accommodate them. RESOLUTION NO. 2002-32 RESOLUTION ACCEPTING PETITION FOR THE FULL RECONSTRUCTION OF MONROE STREET, 43Rn TO 44TM AVENUES WHEREAS, A petition for local improvement has been submitted to the City of Columbia Heights, and WHEREAS, the petition was examined by the City Engineer, checked and found to be in proper form and to be signed by all owners of property affected by the making of the improvement petitioned for. NOW TI:IF. REFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: 1. The petition requesting the Full Reconstruction of Monroe Street, between 43rd and 44~ Avenues, filed with the council on March 25th, 2002, is hereby declared to be signed by all owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes 429.035. Passed this 22nd day of April 2002 by the Columbia Heights City Council. City Council Minutes April 22, 2002 Page 8 of 23 13) Authorization to seek bids for the 2002 Sewer pipe lining program. Motion to authorize staff to seek bids for the 2002 Sewer Pipe Lining Program. 14) Authorization for environmental consultant for Phase I and Phase II work, pursuant to the purchase agreement for the gas station property at 3955 University Avenue NE. Motion to approve ProSource Technologies as the environmental consultant for Phase I and Phase II work at 3955 University Avenue, based upon their low, qualified, responsible bid in the amount of $6,200.00 with funds to be appropriated from 204-46314-3050, and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. Fehst stated that information handed out to Council was a correction by the original low bidder. The corrected bid would be $2,000 more than the recommend firm. 15) Establish Hearing Dates for License Revocation of Rental Properties at 3849 Central Ave, 4524 Monroe St, and 1224-1226 Circle Terrace Motion to Establish a Hearing Date of May 13, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against F.C. Celtic, L.L.C. at 3849 Central Avenue NE. Motion to Establish a Hearing Date of May 13, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Rueben Cruz at 4524 Monroe Street NE. Motion to Establish a Hearing Date of May 13, 2002 for Revocation or Suspension of a License to operate a Rental Property within the City of Columbia Heights against Salman Ali at 1224-1226 Circle Terrace NE. 16) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications as submitted. 17) Approve Business License Applications Motion to approve the items as listed on the business license agenda for April 22, 2002 as presented. 18) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Nawrocki questioned changing the motion for item #14. Fehst stated that staff recommendation was for the second low bidder, because the low bidder did not meet the bid request. Wyckoff stated that all licenses requests were for contractors. Upon vote: All ayes. Motion carried. Item #2. Establish work session meeting dates Nawrocki requested that the question be divided. Motion by Nawrocki, second by Szurek to establish a Work Session meeting date for Monday, May 6, 2002, at 7:00 p.m. in City Hall Conference Room 1. Upon vote: All ayes. Motion carried. City Council Minutes April 22, 2002 Page 9 of 23 Motion by Williams, second by Szurek to establish a Work Session meeting date for Monday, May 20, 2002 beginning at 7:00 p.m., in City Hall Conference Room 1. Nawrocki indicated he did not believe in setting a meeting date with out having an agenda for the meeting. Upon roll call vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes, 1 nay. Motion carried. Item #5 - Liquor services at Murzyn Hall Nawrocki was concerned that the agreement date coincide with the liquor license, that the 30 day termination notification should be more flexible for a club that has worked with the City for many years, and that the agreement have language of "termination with cause ". Jim Hoer, City Attorney, stated that some type of termination agreement is necessary, however the 30 day time period was arbitrary. Peterson stated that the Park and Recreation Commission approved and recommended this agreement. Hoeft recommended keeping the agreement date separate from the liquor license dates, because there are different standards. Hoer recommended not including "termination with cause ". Nawrocki referred to the Honeywell contract including "termination with cause". Fehst indicated that this was in the Honeywell contract to allow us to termination if we choose to retain our own maintenance staff. Fehst stated that the Lions Club has done an excellent job at Murzyn Hall for many years and that we hope to keep them on as long as they will have us. The request for an agreement is relative to our insurance company's determination for risk management. Motion by Williams, second by Szurek, to enter into an agreement with the Lions Club for Bartending Services at John P. Murzyn Hall; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Motion to amend by Nawrocki, to add to the 30 day notice, and to add "with cause" to termination. Amendment failed for lack of a second. Upon vote of the original motion: All ayes. Motion carried. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Second Reading of Ordinance No. 1446, Amending the City of Columbia Heights Street Excavation Portion of the City Code (6.301). Motion by Williams, second by Szurek to waive the reading of Ordinance No. 1446, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek to adopt Ordinance No. 1446, being an Ordinance amending the Street Excavation section of the City Code (6.301) and replacing it with a Right-of-Way Management Ordinance. City Council Minutes April 22, 2002 Page 10 of 23 Nawrocki asked if the degradation fee has been added. Shawn Johnson, Public Works Administrative Assistant, stated that changes do include the degradation fee, which helps to cover costs if someone does not finish the job. Nawrocki questioned if this fee was charged prior to any work being done. Johnson indicated the fee is only collected if the job does not meet requirements. Nawrocki referred to the thirteen cities surveyed and stated that recommended fees are higher than the average. He questioned the need for an ordinance of this length and that additional costs will be passed on to the homeowner. Nawrocki stated he would not support this fee structure. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. (Ordinance 1446 has been added to the end of these minutes) Bid Considerations - Civil Service Appointment Fehst stated that the interviews for the Assistant Fire Chief position would be held on Saturday, April 27th, but there are currently two positions open on the Police and Fire Civil Service Commission. An appointment to this commission is necessary for a quorum at the interviews. Nawrocki questioned if Mr. Petkoff and Mr. Magnuson could continue to serve on the Police and Fire Civil Service Commission until replaced. Fehst stated that commissioners for this particular commission must live in the community. Magnuson no longer lives in town, and Petkoff would not be available on Saturday as he has a prior commitment. Nawrocki asked why the interview date was not changed. Fehst stated that the testing and interview timeline are established well in advance, and that only the testing process has been completed to date. Peterson stated that he would be comfortable making two appointments this evening, as Council must make a decision and move ahead Motion by Nawrocki to appoint Mitch Demars to the Police and Fire Civil Service Commission. Second by Wyckoff. Peterson asked that voted ballots be submitted to the secretary. Nawrocki felt a secret ballot was not in order. Peterson stated that discussions for appointment are normally held following interviews and not at a meeting. Wyckoff stated that there had not been a private vote for appointment in her four years on the City Council. She indicated that Councilmembers should have time to discuss the interviews with Councilmembers that were unable to attend. Peterson suggested not making an appointment at this time. Fehst stated that this would not be fair to those asked to spend their day interviewing candidates. Upon vote: Williams, nay; Szurek, nay; Wyckoff, aye; Nawrocki, aye; Peterson, abstain. 2 ayes, 2 nays, and 1 abstention. Motion failed. Motion by Williams to appoint John Hunter to the Police and Fire Civil Service Commission. Second by Szurek. Nawrocki indicated that this motion and second were made by Councilmembers who were not at the board and commission interviews. Wyckoff spoke of her fondness for Mr. Hunter, but felt it inappropriate to place him on this commission because of his vocal comments regarding people with alternative lifestyles, and if approved we wouM be condoning his position. Fehst made it clear that the Civil Service Commission and two outside persons, with pre-designated questions and Assistant City Manager Linda Magee to oversee procedure, conduct the police and fire interviews. City Council Minutes April 22, 2002 Page 11 of 23 Peterson stated that he has known Mr. Hunter for many years and did not hear any bias during the interview. Peterson stated he would be willing to meet again this week if necessary, but asked Councilmembers to not weight their decision on statements made at this meeting. Nawrocki spoke of the Demars interview and how impressed he was with Demars' qualifications. He stated that he was not familiar with Wyckoff's comment, but stated he was sure she had her reasons. Nawrocki stated he would vote to abstain from the present motion. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, abstain; Peterson, abstain. 2 ayes - 1 nay - 2 abstentions. Motion carried. Hoeft stated that abstentions are counted with the majority vote, so this would be a 4-1 approval. Nawrocki asked Hoeft to verify this action from Roberts Rules of Order. Peterson invited the students present to come forward and introduce themselves. Other Business - none ADMINISTRATIVE REPORTS Report of the City Manager Fehst made available a handout from the League of Minnesota Cities on Council meeting procedures. He stated that Thursday, April 25th is "Bring your child to work" day. Staff will be interviewing candidates for the Community Development Director position, and invited Councilmembers to meet the finalists on Wednesday, April 24tn. Fehst reported on the State Police Chief's annual banquet held in St. Cloud, which was attended by Councilmembers and eighteen Police Department Staff. Three of our officers and Ellen Thompson, resident, received awards for the incident last July. Wyckoff questioned the status of complaints regarding Dave 's Refrigeration. Fehst stated that substantial improvements have not been made and would be passed on to our attorney to issue a citation. Fehst indicated that Mr. Roberts was asked to honor his agreement to not park on the boulevard at night. Peterson asked for copy of that agreement. Fehst stated the agreement was based on comments made at our Council meeting. Nawrocki stated that parking and storage structures are on the public right of way and not allowed by ordinance. Fehst stated that this is not acceptable. Peterson stated that one shed had been repaired and a new structure has appeared. Peterson stated that earlier in the day he drove around the City with a gentleman who pointed many out private homes that are in worse shape than this business, with broken glass, rusted tires, and stumps. He indicated that the Fire Department would soon begin their annual inspections. Peterson asked all residents to look at their property and do a clean up. Report of the City Attomey Hoeft reported that League of Minnesota Cities material indicates the vote taken on the Police and Fire Civil Service commission was appropriate. Nawrocki referred to Roberts Rules of Order. GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions · Meeting of the Housing and Redevelopment Authority of February 19, 2002. · Meeting of the Economic Development Authority of March 19, 2002 City Council Minutes April 22, 2OO2 Page 12 of 23 CITIZENS FORUM Malcolm Watson commented on Public Works Week, and reported that Earl Guy Gustafson, former Public Works Director, is seriously ill and asked that he be remembered in prayer. Watson stated he was present on behalf of the Crest View Foundation, to inform the public that Marilyn Sellers would perform in the "Heart of the Village" concert at First Lutheran Church at 2:00p. m. this Sunday. Support is needed to build a chapel and a community center. Harold Hoium, 4315 5th Street NE, stated that for safety reasons, there shouM be no parking allowed on city streets, as it turns them into junkyards. Larry Beeman, 3846 Tyler, stated that parking on a street does not constitute a junkyard. Dick Schmidt, 691 47th Avenue NE, stated that the construction of a new home began on his street during mid-March. There have been construction vehicles parked in the yard and on the street that have deposited mud on the streets leaving a large mess. He explained his attempts to have the streets swept and stated that a couple kids showed up with a shovel and broom to clean up, which did not even begin to do the job properly. Schmidt stated he called the City again and the street was swept. Following this, a dumpster got stuck on the property and it snowed, which turned in to more mud on the street. Fehst stated that contractors are required to clean their site or be billed for the cleaning. Peterson indicated that he looked at the property today and there was not a problem. Schmidt said it was swept only because he complained. Peterson stated as a contractor, that spring is the most difficult time of year to keep an area clean. Nawrocki suggested a silt fence similar to dealings with a previous property. Fehst stated that silt fence was for clearing a site, not for building a home. Nawrocki questioned the need for total access. Fehst stated this is not required where erosion is not a problem. Schmidt stated there is also a pile of blocks there, which are an eye sore. Williams indicated that this wouM be a very nice home when completed. Roger Strom, 697 47tn ~, stated that he concurred with Mr. Schmidt regarding dust and dirt on the road. Strom stated that more should be done to keep the area clean. Strom asked if the Central Avenue project would be done this year and if MnDOT would cover the cost. Peterson indicated that, depending on the weather, the project should be completed this year. Fehst stated that MNDOT would pay for road repair, and there would be some assessed costs for storm sewer work, replacement of lead water lines, and landscaping on the boulevard. Fehst indicated that the construction would cause some problems this summer, but asked everyone to continue to support local businesses. Fehst stated that anyone with questions on this project could call him. Peterson apologized for the discomfort of residents affected by the home construction, and stated he would talk to contractor. Bruce Nedegaard, 4200 Central Avenue and contractor for this home, apologized if the area was not cleaned up sufficiently. He stated this is a tough time of year with road restrictions and spring weather. He asked neighbors to bare with the mess for another week, after which there should be no further problems. Strom questioned landscaping of the home. Nedegaard stated that would be the owner's responsibility. Strom asked when the driveway would be installed. Nedegaard stated the driveway would be installed in about a month when asphalt becomes available. Michael Henry, 947 43rd Avenue, stated that parking on both sides of the street slows traffic down. He agreed it is tough this time of year for construction companies to keep streets clean. City Council Minutes April 22, 2002 Page 13 of 23 COUNCIL CORNER NawrocM referred to being taken to task for his actions at the March 26 Lomianki Park meeting. He read the notice sent to residents of this area, which stated there wouM be review and discussion at the meeting. At the meeting City Planner indicated that residents could walk around the room to look at displays and leave their questions in writing. Nawrocki stated he did not believe this was the proper way to have a hearing, and so made the comments he did. He also stated that he was invited by the Mayor to make comments because he lived in this area when Columbia Heights obtained the land. He felt the presentation was to show what a proposed developer suggested for the property. Nawrocki stated"Actions' speak louder than words; practice what you preach." Williams quoted from a "Bits and Pieces" book. Williams stated that he challenged Nawrocki at the last meeting because he believed the City Planner had good intentions and shouM have been allowed to do his job. Williams stated that he expects Dave Roberts, Dave's Refrigeration, to clean up his property. He also stated that tearing up Central Avenue will cause some people to be angry, but it will be beautiful when it is finished. Fehst spoke of historical copies of hand printed maps he received from Mr. Blood He hopes to frame them so they are available for everyone to enjoy. Peterson indicated that it was a pleasure to be involved in the n . 60t Anntversary of the Columbia Heights Assembly of God Church. He stated that there would be a Park and Recreation Commission meeting in the Council Chambers on Wednesday, April 24, 2002 at 6.'30 where the commission will discuss the use of land south of Lomianki Park. Peterson stated "Don't' take life to seriously, enjoy life, and do a random act of kindness. He described such an act which took place on 37tn Avenue and Central Avenue. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:40 p.m. Patricia Muscovitz, Deputy City Clerk City Council Minutes April 22, 2002 Page 14 of 23 ORDINANCE/11446 BEING AN ORDINANCE ESTABLISHING THE CITY OF COLUMBIA HEIGHTS CODE OF MANAGEMENT REGULATIONS FOR THE PUBLIC RIGHT-OF-WAY The City Columbia Heights does hereby establish City Code Section 6.301 to read as follows: Purpose. The City holds the right-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested substantial dollars in public funds to build and maintain the right-of-way. The City also recognizes that by placing other utility equipment in the right-of-way for the purpose of delivering services to the citizens of the City also is a public use of this property for the public good. Although such services are necessary or convenient for the citizens, other persons or entities receive revenue and/or profit through their use of public property. Although the installation of such service delivery facilities are in most cases a necessary and proper use of right-of-way, the City must regulate and manage such uses. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the City strives to keep its fight-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the fight-of-way, one of the causes for the early and excessive deterioration of its fight-of-way is frequent excavation. This ordinance imposes reasonable regulations on the placement and maintenance of equipment currently within its right-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this ordinance, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. This ordinance shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statues Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and the other laws governing applicable rights of the city and users of the fight-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050-7819-9950 where possible. To the extent any provision of this ordinance cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This ordinance shall not be interpreted to limit regulatory and police powers of the city to adopt and enforce general ordinance necessary to protect the health, safety and welfare of the public. Election to Manage the Public Rights-of-Way: Pursuant to the authority granted to the City under state and federal statutory administrative and common law, the City hereby elects pursuant Minnesota Statues, 237-163 subd. 2(b) to manage fight-of-way within its jurisdiction. Definitions. The following words, terms and phrases, as used herein, have the following meanings: Applicant. Is the person or entity requesting permission to excavate or obstruct a right-of-way. City.. For purposes of this ordinance, City means the City of Columbia Heights and its elected officials, officers, employees, agents or any commission, committee or sub-division acting pursuant to lawfully delegated authority. City Cost. The actual cost incurred by the City for public rights-of-way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving facilities during public fight-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed; mapping of "as built" locations of facilities located in rights-of-way; and revoking right-of-way permits and performing all other tasks required by this Section, including other costs the City may incur in managing the provisions of this Section. Degradation. The accelerated depreciation of the right-of-way caused by excavation or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur. City Council Minutes April 22, 2002 Page 1 $ of 23 Degradation Cost. Money paid to the City to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation. Emerl~ency. A condition that 1) poses a clear and immediate danger to life or health, or of a significant loss of property; or 2) requires immediate repair or replacement in order to restore service to a customer. Equipment. Any tangible thing or asset used to install, repair or maintain facilities in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Permit. A permit issued pursuant to this Section. Permit Holder. Any person to whom a permit to excavate or place equipment or facilities in a right-of-way has been granted by the City under this Section. Public Right of Way. The area on, below, or above a public roadway, highway, street, cart way, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the City. It shall also include utility easements along side and rear lot lines. A right of way does not include the airwaves above a right-of-way with regard to cellular or other non-wire telecommunications or broadcast service. Registrant. Any person who has or seeks to have its facilities or equipment located in any right-of-way. Restore or Restoration. The process by which the right-of-way and surrounding area, including pavement and foundation, is returned to the condition that existed before the commencement of the work. Restoration Cost. Money paid to the City by a pemfittee to cover the cost of restoration. Right-of-Way. The surface and space above and below a public roadway, highway, street, cart way, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purposes and utility easements owned by the City for City utility purposes. Service or Utility Service. Includes but is not limited to 1) those services provided by a public utility as de£med in Minn. Stat. §216B.02, Subds. 4 and 6; 2) telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; 3) the services provided by a corporation organized for the purposes set forth in Minn. Stat. §300.03; 4) the services provided by a district heating or cooling system; and 5) cable communications systems as defined in Minn. Stat. Chap. 238. Telecommunication Right-of-Way User. A person owning or controlling a facility in the public rights-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. For purposes of this Section, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services are not telecommunications right-of-way users. Administration. The Public Works Director is the principal city official responsible for the administration of the right-of-way permits, and the ordinances related thereto. The Public Works Director may delegate any or ali of the duties hereunder. 1 Registration Requirements. (a) Each person who occupies, uses, or seeks to occupy or use the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installations and maintenance responsibilities by lease, sublease, or assignment, must register with the city. Registration will consist of providing application information and paying a registration fee. (b) No person shall construct, install, repair, remove, relocate or perform any work within any right-of-way without first being registered pursuit to this subsection. Such registration shall be made on an application form provided by the City and shall be accompanied by the registration fee required by the City. All right-of-way registration fees shall be set forth in the City of Columbia Heights licensing fee section. 2 Registration Information. City Council Minutes April 22, 2002 Page 16 of 23 The registrant shall provide the following information at the time of registration and shall promptly notify the City of changes in such information: (a) Registrant's name, address, telephone number, facsimile number and Gopher One-Call registration certificate number if required by State law. (b) Name, address, e-mail address, telephone number, and facsimile number of the person responsible for fulfilling the obligations of the registrant. (c) A Certificate of Insurance from a company licensed to do business in the State of Minnesota providing coverage in the following amounts: (i) GENERAL LIABILITY: Public Liability, including premises, products and complete operations. Bodily Injury Liability Property Damage Liability Bodily Injury and Property and Damage Combined $1,000,000 each person $2,000,000 each occurrence $2,000,000 each occurrence $2,000,000 single limit (ii) COMPREItENSIVE: Automobile Liability Insurance, including owned, non-owned and hired vehicles. Bodily Injury Liability Property Damage Liability In lieu of I) & 2) Bodily Injury and Property Damage Combined $1,000,000 each person $2,000,000 each occurrence $2,000,000 each occurrence $2,000,000 single limit Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of equipment or facilities in the rights-of-way by the registrant its officers, agents, employees and permittees, including but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also indicate the registrant's insurance is the primary coverage, shall name the City as an additional insured as to whom the coverage's required herein are in force and applicable and for whom defense will be provided as to all such coverage's. Such certificate shall require that the City be notified 30 days prior to cancellation or non-renewal of the policy. (d) 24-hour emergency number. (e) An acknowledgment by the registrant of the indemnification. (f) Such other information the City may require. 3 Exceptions. The following are not subject to the requirements of this subsection: (a) Persons planting or maintaining boulevard plantings or gardens. (b) Persons or individual erecting fences, installing driveways, sidewalks, curb and gutter, or parking lots. (c) Persons engaged in snow removal activities. (d) Federal, State, County, and City agencies. (e) Persons installing pet containment systems. (f) Plumbers licensed in accordance with City Code. City Council Minutes April 22, 2002 Page 17 of 23 (g) Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this subsection. 4 Term. Registrations issued pursuant to this Ordinance shall expire on December 31st of each calendar year. Reportin~ Obligations. Each registrant shall, at the time of registration and by December 1 st of each year, file a construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate the coordination and reduction in the frequency of excavations and obstructions of right-of-way. The plan should include, but not be limited, to the following information: (a) The locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year; and (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year. The term "project' in this section shall include both next-year projects and five year projects. By January 1st of each year the city will have available for inspection in the city's office a composite list of all projects for which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed on the current status of this list. Thereafter, by Febmary 1st, each registrant may change any projects in its list of next-year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant. Notwithstanding the foregoing, the city will not deny an application for a rights-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for a project. Permit Required; Bond; Exceptions. No person shall excavate, dig, runnel, trench, or install any facilities, equipment or improvements above, on, or beneath the surface of any fight-of-way in the City or any property owned by the City without first obtaining a permit pursuant to this subsection. (a) Permit - Excavation. An excavation permit is required by a registrant to excavate any part of the right-of-way described in such permit to hinder free and open passage over the specified portion of rights-of-way by placing facilities described therein, to the extent and for the duration specified therein. (b) Permit - Obstruction. A permit is also required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on or above the right-of-way to the extent and for the duration of the permit. Application Fee. An application for a permit shall be made on forms provided by the City and shall be accompanied by the fees set forth by the City of Columbia Heights which are established to reimburse the City for associated costs. If the work is to be performed by an agent, contractor or subcontractor on behalf of a registrant, the registrant shall sign such application. The application shall also be accompanied by the following: (a) Scaled drawings showing the location of all facilities and improvements proposed by the applicant. (b) A description of the methods that will be used for installation. (c) A proposed schedule for all work. (d) The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work. (e) The location of any public streets, sidewalks or alleys that will be disrupted by the work. City Council Minutes April 22, 2002 Page 18 of 23 (f) A description of methods for restoring any public improvements disrupted by the work. (g) Any other information reasonably required by the Public Works Director or City Engineer. (h) Residents over the age of 62 will be required to pay a permit fee of $35.00 per excavation. Security. A surety bond, letter of credit or cash deposit in the amount determined by the Public Works Director or City Manager but not less than $5,000, shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the State. Security required pursuant to this subsection (2) shall be conditioned that the holder will perform the work in accordance with this ordinance and applicable regulations, will pay to the City any costs incurred by the City in performing work pursuant to this section; and will indemnify and save the City and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the City, Council or any City officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence of the permit holder. The bond, letter of credit or cash deposit shall be released by the City upon completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work. Permit Issuance; Conditions. The Public Works Director or City Manager shall grant a permit upon finding that the work will comply with applicable sections of this ordinance. The permit shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any City official or police officer. The Public Works Director or City Manager may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there-under to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. An excavation permit is required for work that involves excavation and boulevard right-of-way repairs. Where excavations disturb both a street and boulevard area, the permit holder will be charged for one street excavation permit per right-of- way excavation. No permit shall be issued to anyone who has failed to register in accordance with this ordinance. Exceptions. No permit shall be required for the following: (a) Landscaping work permitted by the City pursuant to Site Improvement or Developer Agreements. (b) Driveways, sidewalks, curb and gutter, and other facilities permitted by the City pursuant to the public improvement process. (c) Snow removal activities. (d) Restoration due to maintenance activities of the City. (Minimum restoration standards still apply). Diligence in Performing Work. Work shall progress in an expeditious manner as reasonably permitted by weather conditions until completion in order to avoid unnecessary inconvenience to traffic. In the event that the work is not performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work is not done in an expeditious manner, or shall cease or be abandoned without due cause, the City may, after 72 hour notice to the permit holder, correct the work and fill the excavation or repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the City. The £mancial guarantees may be used by the City to reimburse itself for costs incurred through private engineering consulting fees and attorney fees to complete the work under this section. Standards During Construction or Installation, The permit holder shall comply with the following standards when engaging in the work: (1) Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the State, County, and City. (2) Conduct the operations and perform the work in a manner as to ensure the least obstruction and interference to traffic. (3) Take adequate precautions to ensure the safety of the general public and those who require access to abutting property. (4) If required by the Public Works Director or City Engineer, notify adjoining property owners prior to the commencement of work which may disrupt the use of and access to such adjoining properties. City Council Minutes April 22, 2002 Page 19 of 23 (5) In all cases where construction work interferes with the normal use of the construction area, provide for closing the construction area to traffic or to afford it restricted use of the area and comply with MMUTCD traffic safety signing requirements. (6) Exercise precaution at all times for the protection of persons, including employees and property. (7) Protect and identify excavations and work operations with barricade flags, and if required, by flagmen in the daytime, and by warning lights at night. (8) Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. (9) Protect the root growth of trees and shrubbery. (10) Installation of pipe (utility conductors) under Portland Cement Concrete, asphalt concrete, or other high-type bituminous pavements shall be done by jacking, auguring or tunneling as directed by the Engineer unless otherwise authorized. HDPE sleeving shall be an acceptable casing or sleeving material for telecommunications installations. (11) When removing pavement of Portland Cement Concrete, asphalt concrete or high-type built-up bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a distance of nine inches beyond the trench width and length, in order to provide a shoulder and solid foundation for the surface restoration. (12)To obtain a straight edge and neat-appearing opening in pavement surfaces, the following procedure is required: (a) Portland Cement Concrete Pavement - The surface shall be saw-cut scored two inches deep and the concrete broken out by sledge or pneumatic hammer chisel. (b) ~lsphalt Concrete - The surface shall be cut full depth by pneumatic hammer chisel. (13) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability, and as directed by the City. (14) Excavations, trenches and jacking pits shah be protected when unattended to prevent entrance of surface drainage. (15) All backfilling must be placed in six-inch layers at optimum moisture and compacted with the objective of attaining 100 percent of AASHTO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (16) Backfill material shall be Class 5, or better at the judgment of the Public Works Director. Backfilling with the material from the excavation may be permitted provided such material is granular in nature and acceptable to the Public Works Director or Assistant City Engineer. (17) Compacted backfill shall be brought to street grade and crowned at the center not more than one inch. Backfill procedures shall provide for no settlements. Settlements, which occur within a 2-year warranty period, shall be repaired in a timely manner. The City may authorize another contractor to make the repair if it is not done in a timely manner. Reimbursement may be made from the surety bond, letter of credit or cash deposit with City. (18) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (19)No lugs damaging to roadway surfaces may be used. (20) Dirt or debris must be periodically removed during construction. (21) Other reasonable standards and requirements of the Public Works Director or Assistant City Engineer. Repair and Restoration. (1) Schedule. The work to be done under the permit, and the repair and restoration of the fight-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permit holder, when work was prohibited as unseasonable or unreasonable or when extended by the Public Works Director. In addition to repairing its own work, the permit holder must City Council Minutes April 22, 2002 Page 20 of 23 restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the condition that existed before the commencement of the work but only to the extent the permit holder disturbed such surrounding areas. (2) General Standards. The permit holder shall perform repairs and restoration according to the standards and with the materials specified by the Public Works Director or Assistant City Engineer. Both individuals shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case-by-case basis. In exercising this authority, the Public Works Director or Assistant City Engineer shall be guided by the following standards and consideration: (a) Minimum pavement restoration standards are set forth in the 'Standard Plates,' attached herein as Plate Numbers 1-13. (b) The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way. (b) The traffic volume carded by the right-of-way; the character of the neighborhood surrounding the right-of-way; (c) The pre-excavation condition of the right-of-way; the remaining life-expectancy of the right-of-way affected by the excavation; (d) Whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated depreciation of the right-of-way that would otherwise result from the excavation, disturbance or damage to the right-of-way; and (e) The likelihood that the particular method of restoration would be effective in slowing the depreciation of the fight-of-way that would otherwise take place. (3) Ci~. Restoration. Only upon prior written approval of the Public Works Director, the permit holder may request restoration assistance through the Public Works Department. If the City agrees to perform the work, the permit holder shall pay to the City, in advance; a cash deposit equaling 150% of the estimated restoration cost. The restoration cost shall be estimated by the Public Works Director or designee shall include an estimate of the degradation cost. The estimate of the degradation cost shah be based upon criteria adopted by the Minnesota Public Utilities Commission and found on the ROW Permit Fee Schedule. Following completion of the restoration, any funds in excess of the actual restoration cost and the degradation cost shall be returned to the permit holder. Notwithstanding this section, the City shall have no obligation to honor the permittee's restoration request. (4) Guarantees. The permit holder shall guarantee its work and shall maintain it for twenty-four (24) months following its completion. During this twenty-four month period it shall, upon notification from the Public Works Director or Assistant City Engineer, promptly correct all restoration work to the extent necessary, using the method required by the Engineering Department. (5) Permit Limitations. Permits issued pursuant to this Section are valid only for the area of the right-of-way specified in the application and the permit and only for the dates so specified. No work shall be extended beyond the permitted area or dates without a new permit being procured therefore, provided the Public Works Director may extend the completion date of the work in accordance with §6.147(1) of this Code. Denial of Permit. The Public Works Director may deny a permit due to the following: (1) Failure to register pursuant to this ordinance. (2) A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding five years unless the Public Works Director or City Manager determines that no other locations are feasible or when necessitated by an emergency. (3) The applicant is subject to revocation of a prior permit issued pursuant to this ordinance. (4) The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event. (5) The right-of-way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right-of-way. (6) Businesses or residences in the vicinity will be unreasonably disrupted by the work. City Council Minutes April 22, 2002 Page 21 of 23 (7) The proposed schedule conflicts with scheduled total or partial reconstruction of the right-of-way. (8) The applicant fails to comply with the requirements of this Section or other Sections of this Code. Emergency Work. A registrant may proceed to take whatever actions are necessary to respond to an emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this Section for the actions it took in response to the emergency. If the Public Works Director becomes aware of an emergency, the Director shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the Public Works Director may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities or equipment occasioned the emergency. Revocation of Permits. The Public Works Director or City Manager may revoke any permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, this Code, role or regulation, or any condition of the permit which substantial breach shall continue uncured for 10 calendar days after the issuance of a written order of the Public Works Director. A substantial breach of a permit holder shall include, but shall not be limited to, the following: (1) The violation of any material provision of the permit; (2) An evasion or attempt to evade any material provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (3) Any material misrepresentation of fact in the application for a permit; (4) The failure to maintain the required bonds and insurance; (5) Failure to complete the work in a timely manner; (6) The failure to correct a condition indicated on an order issued by the Engineering Department. Appeal. (1) FilinR of Al~oeal. Any person aggrieved by, (i) the denial of a permit application, (ii) the denial of a registration, (iii) the revocation of a permit or, (iv) the application of the fee schedule imposed by the City may appeal to the Council by filing a written notice of appeal with the Administrative Secretary. Said notice must be filed within 20 days of the action causing the appeal. (2) Notice of Hearing. The Council shall hear the appeal no later than 30 days after the date the appeal is filed. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant not less than 10 days before the date of the hearing. (3) Hearing and Decision. The Council shall, at such hearing, hear and consider any evidence offered by the appellant, the Public Works Director or Engineering Department, and anyone else wishing to be heard. After hearing the oral and written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting. MappinR. Within 120 days following completion of any work pursuant to a permit, the registrant shall provide the Public Works Director accurate maps and drawings certifying the "as-built" location of all facilities and equipment installed, owned and maintained by the registrant. Such maps and drawings shall indicate both the horizontal and vertical location of all facilities and equipment and shall be provided in a format consistent with the City's electronic mapping system. Failure to provide maps and drawings in accordance with this subsection shall be grounds for revoking the permit holder's registration. Location of Facilities and Equipment. (1) Under grounding by Telecommunications Right-of-Way Users~ Any new construction and the installation of new equipment and replacement of old equipment of telecommunication right-of-way users shall be underground or contained within buildings or City Council Minutes April 22, 2002 Page 22 of 23 other structures in conformity with applicable codes. Provided, telecommunications right-of-way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service. (2) Corridors. The Public Works Director may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the Public Works Director expects will someday be located within the fight-of-way. All permits issued by the Public Works Director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. (3) Limitation of Space. To protect health and safety, the Public Works Director shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the Public Works Director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the fight-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the fight-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. Relocation. (1) Relocation for CiW. Purposes. A registrant shall promptly but in no event more than 120 days of the City's request, permanently remove and relocate at no charge to the City, any facilities or equipment if and when made necessary by a change in the grade, alignment or width of any fight-of-way, by the construction, maintenance or operation of any City facilities or to protect the public health, safety and welfare. The registrant shall restore any right-of-way to the condition it was in prior to removal and relocation. (2) Under grounding of Relocated Telecommunications Facilities. A telecommunications right-of-way user shall relocate all above ground facilities and equipment to underground locations at its own cost and expense at the City's request when, (i) the City requires the relocation of all telecommunications facilities and equipment to underground locations or ii) structures or poles to which the registrant's facilities or equipment is attached are abandoned or removed by the owner of such structures or poles. Right-of-Way Vacation. (1) Reservation of Right. If the City vacates a fight-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant facilities and equipment, the City shall reserve, to and for itself and all registrants having facilities and equipment in the vacated right-of-way, the right to install, maintain and operate any facilities and equipment in the vacated fight-of-way and to enter upon such right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. (2) Relocation of Equipment. If the vacation requires the relocation of registrant facilities and equipment; and (a) if the vacation proceedings are initiated by the registrant, the registrant must pay the relocation costs; or (b) if the vacation proceedings are initiated by the City, the registrant must pay the relocation costs unless otherwise agreed to by the City and the registrant; or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or pemait holder, such other person or persons must pay the relocation costs. Abandoned and Unusable Equipment. (1) Discontinued Operations. A registrant who has determined to discontinue its operations in the City must either: (a) Provide information satisfactory to the Public Works Director that the registrant's obligations for its equipment in the fight-of-way under this ordinance have been lawfully assumed by another registrant; or (b) Submit to the Public Works Director an action plan for the removal or abandonment of equipment and facilities. The Public Works Director shall require removal of such facilities and equipment if the Public Works Director determines such removal is necessary to protect the public health, safety and welfare. The Public Works Director may require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the facilities and equipment. (2) Abandoned Facilities Equipment. Facilities and equipment of a registrant located on the surface of or above a right-of-way or on City property that, for two years, remains unused shall be deemed to be abandoned. Such abandoned equipment is deemed to be a nuisance. The City may exercise any remedies or fights it has at law or in equity, including, but not limited to, (i) abating the nuisance, or (ii) requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest. City Council Minutes April 22, 2OO2 Page 23 of 23 (3) Removal of Underground Equipment. Any registrant who has unusable and abandoned underground facilities or equipment in any right-of-way shall remove it from that right-of-way during the next scheduled excavation, to the extent such facilities or equipment is uncovered by such excavation unless this requirement is waived by the Public Works Director or City Manager. Indemnification and Liability,. (1) Limitation of Liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the City does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the City, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. (2) Indemnification. By registering with the City, a registrant agrees, or by accepting a permit under this Section, a permit holder is required, to defend, indemnify, and hold the City whole and harmless from all costs, liabilities, and claims for damages of any kind including the City's reasonable attorney fees and costs arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized, allowed, or prohibited by a right-of-way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the City for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a right-of-way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registranfs behalf, including but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the City and the registrant, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. Right-of-Way Management Regulation Fees: Permit and degradation fees are found on the Right-of-Way Permit Fee Schedule. Registration fees are found on the permit form. This Ordinance shall be in full force and effect from and after thirty days (30) days after its passage. First Reading: March 25, 2002 Second Reading: April 22, 2002 Date of Passage: April 22, 2002 Offered by: Seconded by: Roll Call Williams Szurek Aye: Peterson, Szurek, Wyckoff, Williams Nay: Nawrocki CITY COUNCIL LETTER Meetin~ of May 13, 2002 AGENDA SECTION: Consent NO. ITEM: NO. Renewal of Class B Gambling License for Immaculate Conception Church for Activities Held at The Church ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson/l~,Dugdale DATE: April23, 2002 /~,~/~ CITY MANAGER APPROVAL: ~ BACKGROUND Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a Class B license renewal application, which is attached. The renewal would permit charitable gambling on the premises at this location. ANALYSIS/CONCLUSION Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the $250 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 stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for the Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mld 02-67 Attachments COUNCIL ACTION: LG214PPR Printed: 3/7/2002 State of Minnesota Gambling Control Board Premises Permit Renewal Application For Board Use Only Amt. Pd Check # License Number: B-01151-001 Effective Date: 7/1/2000 Expiration Date: 6/30/2002 Name of Organization: Church of Immaculate Conception Gambling Premises Information Name of the establishment where gambling will be conducted Immaculate Conception Church 4030 Jackson St NE Columbia Heights, MN 55421 County: Anoka Note: Our records show the premises is located within the city limits Lessor Information Note: Our records indicate that the organization owns this premises Bingo Activity Our records indicate that Bingo is not conducted on these premises. 4030 Jackson St NE Columbia Heights, MN 55421 Storage Information Bank Information Northeast State Bank 3989 Central Ave NE Columbia Heights, MN 55421 Gambling Bank Account Number: 5005160 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title Maureen Helen Vachuska 4930 Madison St NE Columbia Heights, MN 55421 5/~6' ~ (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or thc commissioner of revenue or public safety or agents of thc commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Or ganization Lieen se A uthorizatio n I hereby authoriz~ the Gambling Control Board to modify the class of organization license to be consistent with the class of permit b~ing applied for. Oath I declare that: 1. I have read this application and all 6. any changes in application information will be submitted to the board and local unit of governmem within ten days of information submitted to the board is l~ue, the change; and accurate, and complete; 7. I understand that failure to provide all other required information has been required information or providing false or fully disclosed; misleading information may result in the I am the chief executive officer of the denial or revocation of the licens~ organization; I assume full responsibility for the fair and .,~ . ~ ~ lawful operation of all activities to be ~ ~4t~~ _ .~,e,-.,,~~ conducted; I will familiarize myself with the laws of Signature of the chief executive Minnesota governing lawful gambling and officer (Designe~ may not sign) rules of the board and agree, if licensed, to 7.,///'~~'.~/ abide by those laws and rules, including ~" amendments to them; Dat~ r Ill On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Local Unit of Government Acknowledgment and Approval P-rim name]~f city ~igna~n:e-~fci~ p;rsonnei rece~flg application Title ' k I/ ~ Date~ For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township Signature of township official receiving application / / Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Prim name of county Signature of county personnel receiving application / / Title Date The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to Board whose work assignment requ ires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Atto rney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or IMMACULATE CONCEPTION GAMING ACCOUNT 4030 JACKSON ST., NE COLUMBIA HEIGHTS, MN 55421 ,"OO:,L,O?," ~:O~;l, OOO],:,8~: 3407 17~13/910 SO0,,, r~ ~ ? DOLLARS L~I ~L~."~' CITY COUNCIL LETTER Meetin$ of May 13, 2002 AGENDA SECTION: Consent NO. ITEM: NO. ORIGINATING DEPARTMENT POLICE Premise Permit Renewal/Application for Immaculate Conception Church at Mady's Bowling Center BY: Thomas Johnson/M. Dugdale DATE: April 23, 2002 CITY MANAGER APPROVAL:. DATE: /z -, BACKGROUND Church of Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise permit renewal application to hold gambling activities at Mady's Bowling Center, 3919 Central Avenue N.E. Also, the organization has submitted a copy of the floor plan and lease agreement with Mady's Bowling Center. ANALYSIS/CONCLUSION Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the $250 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 stating that the City of Columbia Heights has no objection to the renewal of a Class B premise permit for the Church of Immaculate Conception in conjunction with activities at Mady's Bowling Center, 3919 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mld 02-68 Attachments COUNCIL ACTION: LG214PPR Printed: 3/7/2002 State of Minnesota Gambling Control Board Premises Permit Renewal Application For Board Use Only I Amt. Pd Check # License Number: B-01151-002 Effective Date: 7/1/2000 Expiration Date: 6/30/2002 Name of Organization: Church of Immaculate Conception Gambling Premises Information Name oft_he establishment where gambling will be conducted Madys Bowling Ctr 3919 Central Ave NE Columbia Heights, MN 55421 County: Anoka Note: Our records showthe premises is located within the city limits Lessor Information Name of the property owner (If different): Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion: Rent paid per bingo occasion: Bingo Activity Our records indicate that Bingo is not conducted on these premises. 4030 Jackson NE Columbia Heights, MN 55421 Storage Information Bank Information Northeast State Bank 3989 Central Ave NE Columbia Heights, MN 55421 Gambling Bank Account Number: 5009261 On the lines provided below list the name, address and title of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling fund~ Name Address City, State, Zip Code Title Maureen Helen Vachuska 4930 Madison St NE 55421 Columbia Heights, MN (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety or agents of the commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current gambling rules and law. Organization License Authorization I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied for. Oath I declare that: 1. I have read this application and all information submitted to the board is ~'ue, accurate, and complete; 2. all other required information has been fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be co nducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules oftbe board and agree, if licensed, to abide by those laws and rules, including amendments to them; 6. any changes in application information will be submitted to the board and local unit of government within ten days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. Sign atu re of th e chief executive officer (Designee may not sign) Dat~ Local Unit of Government Ackn and ~roval On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within the city's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township Signature of township official receiving application / / Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Print name of county Signature of county personnel receiving application / / Title Date The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or Minnesota Lawful Gambling Lease for Puli-Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG22~ Jl~e of Legal Owner of PremisesAdd,~$ City 8tab~ I Narn~of L~sor' Street hdGre~ owner, w~e in "SAME") .., ~ ! Zip Daytime Phone I(] sa~ a~ my I of Leas, -' ~iiJs~s SJ[ee{ Address City Zip;ir, ~Daytime Phone I-N~,e o~L~s~e ,~,_~of ~,,] ~,,,si~ th~. prt,T,~) ~CB ~i,:,~e no. of o,'g~i~ion ' ~~ I Rent Inforr~ Ition · Total rent cannot exceed $1,000 per month for all non-bingo activity for this premises. · For bingo activity, use lease form LG222. · For pull-tab dispensing machines, use lease form LG223. Sketch and Dimensions of Leased Area Sketch: For all areas being leased for the conduct of gambling and storage of gambling product at this premises, attach a sketch (drawing) showing: (1) the leased area(s), and (2) the dimensions. An organization may not pay rent to itself or to any of its affiliates for space used for the conduct of lawful gambling. JRent to be paid per month $ (If no rent is to be paid, indicate -0-) /06~. JFor Premises Permit Renewal Applications Only: If no changes have been made at the site, you do not have to complete this section or provide a sketch. Dimensions The leased areas are: ~, feet by q feet for a total of ~) square feet. feet by feet for a total of square feet. feet by feet for a total of square feet. Storage feet by. feet for a total of square feet. Storage feet by feet for a total of square feet. Combined total square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. {~Z]. Paddlewheels [~ Puli-Tabs ~ Raffles ~--~ Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with the premises permit issued by the Gambling Control Board, unless terminated sooner by mutual consent of the lessor and lessee. If this is an amended lease showing changes occur- ring during the term of the current premises permit, write in the date that the changes will be effective __/~/ .. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing Section of the Gambling Control Board (Board) at 651-639- 4000. This publication will be made available in alternative format (i.e. large print, Braille) upon request. Hearing impaired individuals using a TTY may call the Minnesota Relay Service at 1-800-627-3529 and ask to place a call to 651-6394000. The information requested on this form will become public information when received by the Board, and will be used to determine your compliance with Minnesota statutes and rules governing lawful gambling activities. Page 1 of 2 1199 Lease for Puli-Tab, Paddlewheel, Tipboard, and/or Raffle Activity LESSOR PROHIBITIONS ! Management of Gambling Prohibited : The owner of the premises or the lessor will not manage the conduct of gambling at the premises. Participation as Players Prohibited The lessor, the leesor's immediate family, and any agents or gambling employees of the lessor will not participate as 'players in the conduct of lawful gambling on the premises. Illegal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the premises are not being used, and are not capable of being used, in a manner that violates the prohibitions against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 7861.0050, subpart 3. 3. Notwithstanding Minnesota Rules, part 7861.0050, subp. 3, an organization must continue making rent payments, pursuant to the terms of the lease, if the organization or its - LG221 agents are found to be solely responsible for any illegal gambling conductect at that site that is prohibited by Minnesota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responsible for the illegal gambling activity are also agents or employees of the lessor. 4. The lessor shall not modify or terminate the lease in whole or in part because the organization reported to a state or local law enforcement authority or the board the occurrence at the site of illegal gambling activity in which the organization did not participate. Other Prohibitions The lessor will not impose restrictions on the organization with respect to providers (distributors) of gambling- related equipment and services or in 4. The lessor shall not modify or terminate this lease in whole or in part due to the lessor's violation of the provisions listed on this lease. Arbitration Process The lessor agrees to arbitration when a violation of these lease provisions is alleged. The arbitrator shall be the CRG. IACCESS TO PERMITTED PREMISESI State of Minnesota and Law Enforcement The board and its agents, the commissioners of revenue and public safety and their agents, and law enforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization the use of net profits for lawful The organization has access to the purposes ...... permitted .premises during any time The lessor, the lessor's immediate reasonable and when necessary for the conduct of lawful gambling on the family, and any agents or employees of the lessor will not require the organization to perform any action that would violate statute or rule. 3. If there is a dispute as to whether any of these lease provisions have been violated, the lease will remain in effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. premises. I LESSOR RECORDS MAINTAINED I The lessor shall maintain a record of ail money received from the organization, and make the record available to the board and its agents, the commissioners of revenue and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS - Attachment All obligations and agreements between the organization and the lessor are contained in or attached to this lease. (Attach additional sheets if necessary. Any attachments to this lease must be dated and signed by both the lessor and the lessee.) This lease is the total and only agreement between the lessor and the organization conducting lawful gambling activities other than bingo and pull-tab dispensing devices. There is no other agreement and no other consideration required between the parties as to the lawful gambling and other matters related to this lease. Any changes in this lease will be submitted to ,~rnbling Control Board ten days prior to the effective date of the change. si0na~t~d'Less°~ V 0 Date S~,~natur~ of Organization Offf,~i~l (Lessee) Date Print Naive and T~le of Lesso~ -- [ Pdnt Name and T~le of Lessee ~____~.~..;,. ~,,~1~ P~e2~ 1~9 R.ESOLI. YrION 96-445 BKING A RESOL~ON AU"H-IOR'rTrNG C]~TAIN CHARITABLE GAMBL~G Currently, Resolution No. 88-41 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as dest:ribed in Mitmesota Stamt~ 32~ shall be prohibited in all bars and liquor esrablishn:en~ within the City which are licensed pursuant m Section 5~01, 5.503, 5.504, 5.505, 5_~06, or 5.507 of th~ City Code unless: The organization wishing to gamble ob~ns the permission of the Minnesota Charitable Gambling Control Board; The organization wishing to gamble ob~ns the permission of the Council of tlz City of Columbia Heights; The organization wishing to gambles has been in existence in Columbia Heights for not less than t~n years; The organization wishing to gamble is a bona fide club; The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of the lesser of ,9~X) per month, or the amount authorized by the Stata Charitable Gambling Control Board for Class A and Class B licenses. No other remuneration shall be paid to the proprietor for permitting the gambling activity or device to be locat~l on the licensed premises. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Class C and CI~.~ D licenses. License fees shall not prorated or refundable. NOW, TI-~E~O~ BE IT RESOL~ t.h~t fl'~is resolution sl'~ll take effect on July 1, 1988, ad shal replace l:~solution 86-11. Pa..~ this 9th day of May, 1988. Resolution 88-4.I is hereby amended to read: RESOLUTION 9(:~6 BEING A RESOLUTION AUTHOKIZING CEKTA.IN CHARITABLE GAMBLING BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota St, mm 326 shall be prohibited in ~U bars and liquor establishn~nts wi~'dn the City which are licens~l pursuan~ ~o Section 5~01, 5.503, 5.504, 5.505, 5J0~, or 5.507 of the City Code unless: The organizalion wishing to gamble obta/ns the permission of the Minnesota Charitsble Gambling Control Board; The organization wishing to gamble obtains the perrnission of the Council of the City of Columbia Heights; The organization wishing to gambles has been in existence in. Columbia Heights for not less than ten yea.rs; 4. The organization wishing to gamble is a bona fide club; The organ!?~,iou wishing to g~mble dee~ not pay the propriaor of ~ 1~ ~ a ~ or iuclusive of ~v ~d al ~lowmble expends ~ defin~ ~d s~ fo~ in ~. STAT. ~9 ~. ~., as ~end~. No o~ ~ pa~euq. ~-off, or ~iq of ~y ~n~ o~r ~ ~ ~ fo~ above, ~ ~ p~d ~o or ou beh~f of ~ ~o~aor, ~ ~y comply or veudor ~o~diui ~y se~ce or to~ to or on b~f of ~e ~ogfiet~. r ~:.:.. ,~ .... A license fee not subjea to a waiver shall be paid m thc C..i~ of Columbia I-I~igh~s in t~ amotmt of $250 for Cia.ss A a~d Class B licenses amd $23 for Clans C amd Cla.s.s D licenses. License fees shall not b.~e proraled or reKmdable. If the ortanization is determined to be in violation of any of the tm'ms or conditions of this Resolution, any authorization heretmder previously ~'~ted to conduct said ~ambling activity may be immediately suspended u~til such violation(s) is/are corrected. Any such deterr~inadon of violation(s) a~d ~v suspension heretmder shall be made as follows: At a meeting open to the publi~ and After a minimum of 10 days notice to the orlanization; and After providing the or~ani.zation with the opportunity to present its position ai said .and By a simple maioritv vote of the City Council. · NOW, THE~O~ BE IT RESOLVED that this resolution shall take effect on .%fy !, 19°.~.~, May 12~ 1996, and shall replace Re.solution ~ II P~s.sed this13th dayof May ,1996. Offered by:. Sturdevant Seconded by: Peterson Roll Czll: All ayes x~-~ne Student, Cotm~il Secretary IMMACULATE CONCEPTION GAMING ACCOUNT 4030 JACKSON ST., NE COLUMBIA HEIGHTS, MN 55421 "'OD ~ L,O ?,:' m==O c~ &OOO [ ~ 2m: 3407 17-13/910 DOLLARS L~ "~_~" CITY COUNCIL LETTER AGENDA SECTION: Consent ITEM: Premise Permit Renewal Application NO. at The Star Bar & Grill ORIGINATING DEPARTMENT POLICE BY: Thomas JohnsonfM. Dug~dale DATE: April 23, 2002 ~ Meeting of May 13, 2002 CITY MANAGER APPROVAL: r DATE: [ a' · BACKGROUND The Church of the Immaculate Conception, 4030 Jackson Street N.E., Columbia Heights, has submitted a premise permit application to hold legal gambling activities at The Star Bar and Grill, 4005 Central Avenue N.E., Columbia Heights, Minnesota. I.C.C. has submitted a copy of the floor plan and lease agreement with The Star and Grill, along with Permit Application, and permit fee. ANALYSIS/CONCLUSION Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the $250 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 stating that the City of Columbia Heights has no objection to the issuance of a Class B premise permit for the Church of the Immaculate Conception in conjunction with activities at The Star Bar and Grill, 4005 Central Avenue N.E., Columbia Heights, Minnesota; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. mld 02-68 Attachments COUNCIL ACTION: LG214PPR Printed: 3/7/2002 State of Minnesota Gambling Control Board Premises Permit Renewal Application For Board Use Only Amt. Pd Check # License Number: B-01151-005 Effective Date: 7/1/2000 Expiration Date: 6/30/2002 Name of Organization: Church of Immaculate Conception Gambling Premises Information Name of the establishment where gambling will be conducted The Star Bar & Grill 4005 Central Ave NE Columbia Heights, MN 55421 County: Anoka Note: Our records show the premises is located within the city limits Lessor Information Name of the property owner (If different): Square footage leased per month: Rent paid per month: Square footage leased per bingo occasion: Rent paid per bingo occasion: Bingo Activity Our records indicate that Bingo is not conducted on these premises. 4030 Jackson St NE Columbia Heights, MN 55421 Storage Information Bank Information Northeast State Bank 3989 Central Ave NE Columbia Heights, MN 55421 Gambling Bank Account Number: 5006275 On the lines provided below list the name, address and tide of at least two persons authorized to sign checks and make deposits and withdrawals for the gambling account. The organization's treasurer may not handle gambling funds. Name Address City, State, Zip Code Title Maureen Helen Vachuska 4930 Madison St NE Columbia Heights, MN 55421 ~~. (Be sure to complete the reverse side of thai application) This form will be made available in alternative format (ie. large print, braille) upon request. Page I of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety or agents oft.he commissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gmubling account whenever necessary to fulfill requirements of current gambling rules and law. Organization License Authorization I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied for. Oath I declare that: I. I have read this application and all information submitted to the board is true, accurate, and complete; 2. all other required information has been fully disclosed; 3. I am the chief executive officer of the organization; 6. any changes in application information will be submitted to the board and local unit of government within ten days of the change; and 7. I understand that failure to provide required information or providing false or misleading information may result in the denial or revocation of the license. I assume full responsibility for the fair and lawful opermion of all activities to be co nduaed; - I will familiarize myself with the laws of Signature of the chief executive Minnesota governing lawful gambling and officer (Designee may not sign) rules of the board and agree, if licensed, to abide by those laws and rules, including ~'t/f ~/~ ~- amenaments to them; Date Local Unit of Government Acknowledgment and Annroval On behalf of the city, I hereby acknowledge this application for lawful gambling activity at the premises located within P/t'fi~t nam~ of city __ . the city's jurisdiction, and that a resolution specifically ( ]/]/ ·/9//'~ -- ,~ '--...d approving or denying the application will be forwarded to the app lying organi zat ion. Signature of ci ~ personn el r e--e~vi ng ~opl icatl on Title ( Date For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Print name of township Signature of township official receiving application / / Title Date For the county: On behalf of the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. Print name of county Signature of county personnel receiving application / / Title Date The information requested on this form (and any attachments) will be used by the Gambling Con~'oi Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply this information, the Board may not be able to determine your qualifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, ali of the information that you have provided to the Board in the process of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private dina about you are available only to Board whose work assignment requ ires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Atto mey General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or Minnesota Lawful Gambling , Lease for Puli-Tab, Paddlewheel, TipbOard *and/or Raffle Activity - LG22 ~[ same as e~;~er, w~e in 'SN~E') - . ' .~neof~see(.nmeJ~~asegu~rxem~) , c-,Cekenseno, o~~. OayUmeF'tx:,ne · / Rent Information · Total. rent. cannot exceed $1,000"per month for all non-bingo activity for this premises. · For bingo activity, use lease form LG222. · For pull-tab dispensing machines, use lease form LG223. Sketch and Dimensions 'of Leased Area Sketch: For all areas being leased for the condUCt of gambling and storage of gambling product at this premises, attach a skatch (draWing) showing: (1) the leased area(s), and (2) the dimensions. · An .'organization may not pay rent to itSelf or to any of its affiliates for space used for the conduct of. lawful gambling. IRent to be paid per month $ (If no rent b to be paid, indicate-O-) / ~) 0 O I For. Premises Permit Renewal Applications Only: If no changes have been made at the site, you do not have to lcomplete this section or provide a sketch. DimensiOns Storage Storage feet by fee{by feet by feet by feet by fee~ for a total of feet for a total of fee~ for a total of feet for a total of feet for a total of Combined to~al square feet. square feet. square feet. square feet. square feet. square feet. Lawful Gambling Activity Type of gambling activity that will be conducted at this gambling premises. Check all that apply. -[~ Paddlewheels i[~ Pull-Tabs [~ffles [~ Tipboards Term of Lease Amended Lease Only The term of this lease agreement will be concurrent with If this is an amended lease showing changes occur- the premises permit issued by the'Gambling 'Control dng dudng the term of the current premises permit, Board, unless terminated sooner by :mutual consent of write in the date that the changes will be effective the lessor and lessee. __1__1 .. Both parties that signed the lease must initial and date all changes. Questions on this form should be directed to the Licensing The information requested on this form will become public Section. of the' Gambling Control Board (Board) at 651-639; information when received by the Board, and will be used to 4000. This publication will be made available in alternative determine your compliance with Minnesota statutes and rules format (i.e. large print, Braille) upon request. Hea~ng impaired governing lawful gambling activities. individuals using a TTY may call the Minnesota Relay Service Page I of 2 at 1-800-627-3529 and ask to place a call to 651-639-4000. 1/99 Lease for Puli.Tab, Paddlewheel, Tipboard, and/or Raffle Activity - LG221 ILEssOR PROHIBmONS ! Management of Gambling Prohibited will r~ manage the conduct of gambling ParUcipation as Playem Prohibited and any agents or gambling amployee~___ 4. 'in the conduct of lawful gambling on the Illagal Gambling 1. The lessor is aware of the prohibition against illegal gambling in Minnesota Statutes, section 609.75, and the penalties for illegal gambling violations in Minnescta Rules, part 7861.0050, subpart 3. .2. To the best of the lessor's knowledge, the lessor affirms that any and all games or devices located on the prernisas are no~ being used, and are not capable of being used, in a' 2. against illegal gambling ~ Minnescta Statutes, section 609.75, and the penalties for illegal gambling violations in Minnesota Rules, part 3. 7861.0050, subpart 3. 3. Nohvithstanding Minnesota Rules, part' 7861.0050, subp. 3, an organization must continue making - rent paymants, pursuant tothe terms. of the lease, if the organization or its agents are found to be solely responsible for any ,legal gambling conducted at that site that is prohibited by MinneSota Rules, part 7861.0050, subpart 1, or Minnesota Statutes, section 609.75, unless the organization's agents responalble for the illegal gambling activity are also The lessor shall nOt modify or terminate the lease in whole or in part because the organization reported to a state or local law'enforcement at the site of illegal gamb~ng activity in which the organization did not par pate. Other Prohibitions 1. The lessorwill not impose restric6ons on the organization with respect to providers (distributors) of gambling- the use of net profits for lawful purposes.* The lessor, the lessor's immediate of the lessor will not require the organization to perform any action that would violate statute or rule. If there is a dispute as to whe~har any of these lease provisions have been violated, the lease will remain in' effect pending a final determination by the Compliance Review Group (CRG) of the Gambling Control Board. 4. The lessor shall not modify or terminate this lease In whole or in part due to the lessor's violation of the provisions listed on this lease. Arbitration Process The lessor agrees to arbitration ~ a violation of these lease provisions is alleged. The arbitrator shall bethe CRG. State of Minnesota and Law ' Enfomement The board and its agents, the commissioners of revenue and public safety and their agents, and law anforcement personnel have access to the permitted premises at any reasonable time during the business hours of the lessor. Organization The organization has access to the permitted premises during any time reasonable and when necessary for the · conduCt of lawful gambling on the I LEsso..ECOaDS .TAI.ED I The lessor shall.maintain a record of all money received from the organization, and make the record available to the board and its agents, the commissioners of revenue'and public safety and their agents upon demand. The record shall be maintained for a period of 3-1/2 years. OTHER OBLIGATIONS AND AGREEMENTS -Attachment All obligations and agreements between the organization and the lesso~ are contained in or attached to this lease. (Attach additior~al sheats if necessary. Any a[lachments to this lease must be dated and signed by both the lessor and ~h~)l~s. see.) ,~ ~ '~ This lease is the tMal and only agreement between the lessor and the organization'conducting lawful gambling activities olher than bingo and pull-tab dispensing devices. There is no olher agreement and no other consideration required behvee~ the parties as to the lawful gambling and other matters related to this lease. AnY changes in this lease will be submitted to he Gambling Control Board ten days prior to the effective date of the change. Print Name and T'~le of Less~ D~e brg U.s on-Om (Lessee) Date Print Name ~ P~2d2 RESOLUTION 96..46 BEING A RESOLUTION AUTHOI~I~ING CERTAIN CHAR.rrABLE GAMBLING Currently, Resolution No. 88-41 reads as follows: BE IT P,.ESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which are licensed pursuant to Section 5.501, $.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless: 1. The organization wishing to gamble obtains the permission of the Minnesota Om'itabl¢ Gambling Control Board; The orga.u.ization wishing to gamble obtains the permission of the Council of the City of Columbia Heights; 3. The organization wishing to gambles has been in e~stenc~ in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; 5. The organization wishing to gamble doe~ not pay the proprietor of the licensed premises a rental or lease payment in excess of the lesser of $400 p~r month, or the amount authorized by the State Charitable Gambling Control Board for Class A and Class B licenses. No other remuneration shall be paid to the proprietor for permitting the gambling activity or device to be located on the licensed premises. 6. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B Licenses and $25 for Class C and Clas.s D Licenses. Licens~ fees sha.U not prorated or refundable. NOW, THEREFORE, BE IT RESOLVED that ~s resolution shall take effect on July 1, 1988, and shall replace l~solution 86-11. Pas.seal this 9th day of May, 1988. Resolution 88~I is hereby amended to read: RESOLUTION 96~6 BEING A RESOLUTION AUTHORIZING CERT~ CHARITABLE GAMBLING BE IT KESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments wi~n the City which are licensed pursuant ~o Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless: The org~,.t~on wishing to gamble 0bt~lns the permission of the Minnesota Charitable Gambling Control Board; The organization wishing to gamble obtains the permission of the Council of the City of Columbia Heights; The organization wishing to gamble~ has been in existence in-Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; The organization wishing to gamble doe~ not pa), the proprietor of ~he licensed premises a rental or lease payment in exes.ss of ~m-la~a~-~-~i~ $1 t000 per month, ;: '~' ............ "--'--'~ ~'-- '~'- o .... ,'~.--'.-~.,- r:.~-,.,;,,, r- .... , ~,...., ~.. e-,... ^ ..., ,-.,... ~, ,: ...... which payment shall be inclusive of any and all allowable expenses as defined and set forth in MN. STAT. 349 et. seq., as amended. No other ~ payment~ set-off~ or credit~ of any kind, other than as set forth above, shall be paid to or on behalf of the proprietor, or any company or vendor providing any service or goods to or on behalf of the proprietor..:: L~.:-----'-'.':-- '~' .... : ....... A license fe, c not subject to a waiver shall be paid to thc City of Columbia Heights in the amount of $250 for Class A and Class B liccuses and $25 for CIass C and Cia.ss D licenses. License fees shall not b.~e prorated or refundable. If the organization is determined to be in violation of any of the mrm.s or conditions of this Resolution, any authorization hereunder previously granted to conduct said gambling activity may be immediately suspended until such violation(s) is/are corrected. Any such determination of violation{s} and a.ny suspension hereunder shall be made as follows: At a meeting open to the public; and After a minimum of 10 days notice to the orlanization; and After providing the organization with the opportunity to present its position at said meeting; and By a simple maiority vote of the City Council.- NOW, TI-~REFORE, BE 1T RESOL~ that this re.solution shall take effect on l-.:ly I, ~. noo. w, ----rM~v 12. 1996, and shall replace Resolution ~6 II .88-~1. Passed this13th dayof Hay ,1996. Offered by: $1:u rdevanl: Seconded by: Pel:er son Roll Call: A1 1 ayes -~ne Student, CounCil Secretary IMMACULATE CONCEPTION GAMING ACCOUNT 4030 JACKSON ST,, NE COLUMBIA HEIGHTS, MN 55421 3407 17-13/910 PAY o TO THE ~'~, Northeast ""O0~.L,O?~' ~:Oq ],DO0 ],:~ ;3~.' COLUMBIA HEIGHTS - CITY COUNCIL LETTER REVISED Meeting of: May 13, 2002 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-5 CITY MANAGER' S APPROVAL ITEM: Board/Commission BY: Walt Fehst BY: Appointments DATE: May 13, 2002 DATE: NO: The City Council has requested appointments be made to the following City Boards and Commissions: Board or Commission Name Human Services Commission Jocelyn Hall Human Services Commission Mohamed Hassan Osman Library Board David Holmgren MOTION: Move to appoint Jocelyn Hall and Mohamed Hassan Osman to the Columbia Heights Human Services Commission and David Holmgren to the Library Board, with terms to expire in April 2005. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/13/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~'/~ - ~ PUBLIC WORKS~ ~~ ITEM: PERMITS FOR 2002 JAMBOREE BY: K. HansenoL,,.~_,' BY: DATE: 5/7/02 ~ DATE: The City of Columbia Heights Jamboree will be held June 26-30th this year. The carnival, operated by Family Fun shows, Inc. usually arrives a day or two for set-up, which requires the closing of Jefferson Street on Monday afternoon, June 24th. Staffis requesting permission to close Jefferson Street 15om the alleyway on the north end of Huset Park to the railroad tracks north of 39~h Avenue. Other arrangements are made with various City departments including the license application, payment of necessary license fees and permits and that the required damage deposits are submitted. The annual Jamobree Parade will be held on Friday, June 28, 2002, beginning at 6:30 p.m. The parade route has been changed this year due to the Central Avenue Street Improvement Project. The parade will enter from Washington Street onto 40th Avenue and travel west, south on Lookout Place, south on 5th Street, east on 39th Avenue, north on Van Buren Street, west on 40th Avenue to the point of beginning. Staff is recommending that the City Council authorize the Police Department to issue a parade permit for the Jamboree Parade. RECOMMENDED MOTION: Move to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 24th, 2002 through Sunday, June 30th, 2002. hl~elCOMMENDED MOTION: Move to authorize the Police Department to issue a parade ~ermit for the Jamboree Parade to be eld on Friday, June 28, 2002 at 6:30 p.m. for the following streets: Washington Street, 40 Avenue west, south on Lookout Place, south on 5th Street, east on 39t~ Avenue, north on Van Buren Street, west on 40th Avenue. KH.'jb COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/13/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ _/0~ .,~'I PUBLIC WORKS n~ ~~ ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hanse BY: AWARDING CONTRACT FOR THE PRESTEMON PARK DATE: 5/7/02 ~ DATE: BACKSTOP AND PLAYERS BENCH FENCING TO CENTURY FENCE Background: In 2000 and 2001, staff reviewed the Park Development Capital Improvement Projects with the Park and Recreation Commission. In an attempt to secure additional funding for designated projects, staffapplied for but was unsuccessful in obtaining DNR Outdoor Recreation Grant funding for a couple of the larger projects such as redevelopment of Ramsdell Park and Paved Trail improvements at Labelle and Prestemon Parks. Subsequently, public works staff installed the paved trail at Prestemon Park and reconstructed the players bench areas due to the grade changes caused by the new trail. The backstop at Prestemon was also identified for replacement and Public Works allocated $15,000 in the 2002 Parks budget for the backstop replacement and additional fencing. Analysis/Conclusions: The addition of the new bituminous pathway around the ballfield at Prestemon Park has brought the need for improvements to the backstop on the ball field. The elevation of the new pathway made it necessary to install small retaining walls around both players' benches of the ball field. These retaining walls need to be protected with fencing to keep people from inadvertently stepping offthe pathway and tripping over the retaining wall. The existing backstop is 16 feet high with a 4-foot catcher or hood at the top. The backstop chain link fencing has been smashed into numerous times and is permanently deformed. Additionally, the fencing and poles are showing signs of rust. Presently there is no fencing extending down the foul lines of the field. Additionally, with the installation of the new protective fencing around the player's bench areas, the existing backstop will be out of position along the foul line. Installing a new backstop improves the park's appearance by matching the protective fencing around the player's bench retaining walls and is more compatible with the other new features of the park such as the pathway, playground, pond and landscaping. The proposed new backstop is 20 feet high with a 6-foot catcher or hood. The addition height will help keep foul balls from going into the street or residential areas across the street. Staff prepared specifications for the work and received bids up to April 12th, 2002. The City received 4 bids, ranging from $9,099 to 12,250, with a copy of the bid opening minutes attached. The low bid amount is $9,099, from Century Fence of Forest Lake, MN. The Park & Recreation Commission reviewed the bids at their April 24, 2002 meeting with a recommendation to the City Council of accepting the Iow, responsible bid and awarding the contract to Century Fence in the amount of $9,099.00. Recommended Motion: Move to waive the reading of Resolution 2002-36, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2002-36, accepting bids and awarding City Project 2002-04, Prestemon Park Backstop and Player's Bench Area Fencing, to Century Fence based upon their low, qualified, responsible bid in the amount of $9,099.00, with funds appropriated from Fund 412-50204-5130, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachment: Bid Opening Minutes Resolution Site Drawing COUNCIL ACTION: RESOLUTION NO. 2002-36 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PRESTEMON PARK BACKSTOP AND PLAYERS BENCH FENCING CITY PROJECT 0204 TO CENTURY FENCE WHEREAS, pursuant to an advertisement for bids for Prestemon Park Backstop and Players Bench Fencing, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Century Fence Company Security Fence and Construction Co. Crown Fence Town and Country Fence $ 9,099.00 $ 9,287.00 $ 9,526.00 $12,250.00 WHEREAS, it appears that Century Fence Company, 14839 Lake Dr., Forest Lake, Minnesota 55025, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Thomas and Sons Construction, Inc. in the name of the City of Columbia Heights, for the Prestemon Park Backstop and Players Bench Fencing, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. 2. City Project #0204 shall be funded from Capital Improvement Funds in 412-50204-5130. Dated this 13th day of May 2002. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Friday, April 12, 2002 City Project 0204 Prestemon Backstop Replacement and Players Bench Enclosure Pursuant to an advertisement for bids for Prestemon Backstop Replacement and Players Bench Enclosure, an administrative meeting was held on April 12, 2002 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Tim Lund, Park Foreman Kevin Hansen, City Engineer Bids were opened and read aloud as follows: Bidder Century Fence Company Security Fence & Construction Co. Crown Fence Town and Country Fence Base Bid $ 9,099.00 $ 9,287.00 $ 9,526.00 $12,250.00 Re~s ~e/~fully subl / Kc 'in Hansen, City Engineer fitted, jb CITY COUNCIL LETTER Meetin AGENDA SEC~ON: Consent O~G~A~G DE~.: C~ ~AGER NO: ~- ~ - ~ Co~i~ Development ~PROV~ ~EM: Adopt Resolufim 2002-34, A Resolufim BY: Tim JoMson .~/ BY: Authofi~ng Application For ~ Oppo~i~ Gr~t DA~: May 8, 2002 ~o~.~°ugh ~e Livable Co~iti~ Demons~ation NO: Issue Statement: This is a request for approval of a resolution to submit an application for an opportunity grant to the Metropolitan Council's Livable Communities Demonstration Program for 2002. Bacl~round: The City of Columbia Heights is a participant in the Livable Communities Act Housing Incentives Program for 2002 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account. Analysis: The Columbia Heights City Council at the Community Development Goals and Work Session in January 2002, decided on ten priority focus projects for 2002. One of these priority projects was the potential redevelopment of the Mady's Bowl site. Earlier this year the McComb Group completed a study of Central Avenue that identified the need for site specific analyses of blighted, underutilized commercial sites. Furthermore, the need to effectively plan for future redevelopment is dependent on a land use strategy, market analysis, and economic analysis to determine what type of redevelopment can work. The City of Columbia Heights will be applying to the Metropolitan Council for funding to offset costs associated with the planning for potential redevelopment of this site. Key objectives include planning for pedestrian friendly concepts consistent with transit-oriented development that the Metropolitan Council avidly promotes. This planning process will hopefully take advantage of transit opportunities to create linkages to public spaces, and to promote a new image on Central Avenue with consistent building design principles. The requested amount of the opportunity grant will be $25,000 along with an in-kind staff time contribution. Recommendation: Staff recommends to approve the application for an Opportunity Grant through the Metropolitan Council's Livable Communities Demonstration Program. Recommended Motion: Move to waive the reading of Resolution 2002-34, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution 2002-34, a Resolution Authorizing Application For An Opportunity Grant Through The Livable Communities Demonstration Program. Attachments: Resolution 2002-34 COUNCIL ACTION: RESOLUTION NO. 2002-34 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR AN OPPORTUNITY GRANT THROUGH THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS, the City of Columbia Heights is a participant in the Livable Communities Act's Housing Incentives Program for 2002 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHEREAS, the City has identified a proposed project within the City that meets the Demonstration Account's purpose/s and criteria; and WHEREAS, the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS, the City certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS, the City Council of Columbia Heights, Minnesota agrees to act as legal sponsor for the project contained in the oppommity grant application submitted on May 15, 2002. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Columbia Heights and to execute such agreements as are necessary to implement the project on behalf of the applicant. Passed this __ day of ,2002. Offered by: Second by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: May 13, 2002 AGENDA SECTION: NO: .~-_ /~ _ C~ ORIGINATING DEPT.: CITY MANAGER License Department APPROVAL r ITEM: License Agenda BY: Shelley Hanson~¥'X- DATE,: NO: DATE: May 13, 2002 By~~/~.~ BACKGROUND/ANALYSIS Attached is the business license agenda for the May 13, 2002 City Council meeting. This agenda consists of applications for Contractor licenses for 2002, A Carnival License for the Jamboree event held in June, an On Sale Beer License for the new owner of the 500 Club, and a Temporary Beer License for The Anoka County Chamber of Commerce and one for the Columbia Heights Lions Club. The Chamber has applied for a one-day license to operate a beer garden in conjunction with the Columbia Heights Lions Club Jamboree. They are requesting the license for Saturday, June 29, 2002, when they are sponsoring an outside concert event. The Lions Club has applied for a two-day license to operate a beer garden for a ball tournament taking place at Huset Park on June 22 & 23. They already have their beer license for the Jamboree. Both of these organizations have asked that the fees be waived. 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 May 13, 2002 as presented. COUNCIL ACTION: TO CITY COUNCIL May 13, 2002 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA BLDG POLICE CONTRACTORS LICENSES *Embree Construction Group *Ashland Enterprises Inc. *Airco Heating & AC *Czars of Tar *Weld & Sons CARNIVAL *Family Fun Shows 8050 Airport Road, TX 6440 Baker Ave NE Fridley 4020 Central Ave 5860 114th P1 N, Champlin 315 Juneau Lane, Plymouth 20590 Hwy 83, Mankato $50.00 $50.00 $50.00 $50.00 $50.00 $250 + $500 dep. POLICE ON SALE BEER *Paul L. Knudsen dba 500 Club 500 40mAvenue $400 POLICE TEMPORARY ON SALE BEER Anoka County Chamber of Commerce-Shannon Meyer, Pres. 1250 E Moore Lake Dr Fridley Columbia Heights Lions Club C/O Treasurer Don Laufenberg 349 Territorial Rd Request To Waive $100 Fee Request to Waive $200 Fee ACS FINANCIAL SYSTEM CITY OF COLUMBIA HEIGHTS 05/09/2002 11:47:10 Check History GL050S-V06.40 COVERPAGE GL540R * *** 0 5 / 1 3 / 0 2 *** * * * * * 0 5 / 1 3 / 0 2 * * * * * *** 0 5 / 1 3 / 0 2 *** * * * ** 0 5 / 1 3 / 0 2 * ** * Report Selection: Optional Report Title ....... 05/13/2002 COUNCIL LISTING INCLUSIONS: Fund & Account .............. thru Check Date .................. Source Codes ................ Journal Entry Dates ......... Journal Entry Ids ........... Check Number ................ thru thru thru thru 097728 thru 098067 Project N .............. Vendor ...................... Invoice ..................... Purchase Order .............. Bank ........................ Voucher .................... Released Date ............... Cleared Date ................ thru thru thru thru thru thru thru thru Run Instructions: Jobq Banner Copies Form Printer Hold Space J 05/13/02 02 P4 N S LPI Lines CPI 6 066 10 ACS ?I ANC AL SYS? ,M 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 1 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT AAA AWARDS 97728 165.80 AT & T CONSUMER LEASE 97729 47.82 BECKER/KELLY 97730 132.64 BLOWERS/CAROLE 97731 50.74 BONESTROO ROSENE ANDERLI 97732 60.00 BRADLEY RF~%L ESTATES INC 97733 11,344.47 COLUMBIA HEIGHTS I 97734 4,520.46 DAVES SPORT SHOP 97735 2,906.17 FISCNER/TED 97736 21.06 FRIENDSHIP VENTURES 97737 75.00 GENUINE PARTS/NAPA AUTO 97738 234.41 HAMPTON/CAROLYN 97739 39.00 HANSON/MICHELLE 97740 100.00 HAVILAND/JOH~ 97741 19.63 INSTITUTE EDUCATION & PR 97742 2,500.00 IPC PRINTING 97743 45.76 JOHNSON/THOMAS M 97744 333.12 KORTS/STEVEN 97745 15.00 LEKSON/SHELLI 97746 20.00 MACTA 97747 35.00 MCGEE/MICHAEL 97748 14.29 MEDICINE LAKE TOURS 97749 1,110.00 OKERSTROM/LEE 97750 15.00 OVERBY/MICHELLE 97751 903.96 PETTY CASH - JEAN ~DRES 97752 134.01 PE/~Y CASH - KAREN MOELL 97753 88.47 PETTY CASH - KELLY BECKE 97754 33.13 PITNEY BOWES LOUISVILLE 97755 55.25 PLEAA-PROF LAW ENF ASSIS 97756 60.00 RELIANT ENERGY MINNEGASC 97757 10,702.32 RODDY/WILLIAM 97758 203.40 SBSI INC 97759 947.85 STRUZYK/JENNIFER 97760 50.00 U S POSTAL SERVICE 97761 125.00 WIBORG/FRED 97762 13.28 ALL SAINTS BRAND DISTRIB 97763 330.20 ANOKA COUNTY 97764 3,336.63 ARCTIC GLACIER 97765 634.16 BECKER/KELLY 97766 12.00 BELLBOY BAR SUPPLY 97767 226.53 BELLBOY CORPORATION 97768 21,880.63 BERGSTROM/ANITA 97769 250.00 BONESTEEL/PAUL 97770 19.71 CHERNIN/ALEKSANDR 97771 53.24 CHISAGO LAKES DISTRIBUTI 97772 2,518.65 CITY OF GOLDEN VALLEY 97773 374.00 COCA-COLA BOTTLING MIDWE 97774 597.35 ~CS FINANCI~ SYSTEM 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT COLUMBIA HEIGHTS POLICE DIETZ/VAL EAST SIDE BEVERAGE CO EXTREME BEVERAGE FINE WINES FROM EUROPE G & K SERVICES GENUINE PARTS/NAPA AUTO GRIGGS-COOPER & CO HANSEN/KEVIN HOHENSTEINS INC JAY BROTHERS INC JOHNSON BROS. LIQUOR CO. JOHNSON PAPER & SUPPLY C JOHNSON/SCHANN JOHNSON/THOMAS M KROLL/PHYLLIS KUBY/KEN KUETHER DIST. CO. MALIK/JAMAL & BEENA MARK VII DIST. METROCALL - ATT MESSAGIN MILLAR ELEVATOR SERVICE MINNESOTA CROWN DISTRIBU MOELLER/KAREN NEEDHAM DISTRIBUTING CO NEW FRANCE WINE COMPANY OFFICE DEPOT OLLIES KITCHEN & VITTLE PAUSTIS & SONS PEPSI-COLA-7 UP PETTY CASH - KELLY BECKE PHILLIPS WINE & SPIRITS PINNACLE DISTR QUALITY WINE & SPIRITS QWEST COMMUNICATIONS RODDY/WILLIAM SORENSON/DALE STEFFENS BROS.MEATS,INC THOMPSON/CHARLIE VANCE/JOSEPH III VAUGHN/STEVEN WEIGEL/MAGGIE WORLD CLASS WINE XCEL ENERGY (N S P) YOUNG/KATHY AFFINITY PLUS FEDERAL CR FIRST COMMUNITY CREDIT U 97775 1,170.00 97776 37.07 97777 31,551.66 97778 704.00 97779 714.93 97780 160.80 97781 91.99 97782 48,824.29 97783 96.44 97784 3,611.20 97785 1,245.00 97786 25,961.81 97787 1,185.97 97788 850.00 97789 135.54 97790 250.00 97791 70.00 97792 50,103.76 97793 25,000.00 97794 17,163.26 97795 81.16 97796 7,109.47 97797 414.00 97798 177.79 97799 63.95 97800 91.00 97801 46.86 97802 599.06 97803 3,082.98 97804 345.86 97805 22.01 97806 10,184.11 97807 3,270.25 97808 27,475.01 97809 57.82 97810 144.12 97811 12.00 97812 63.00 97813 51.97 97814 17.50 97815 38.97 97816 220.20 97817 138.90 97818 618.35 97819 111.30 97820 400.00 97821 2,380.00 ACS FINANCIAL SYSTEM 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT HEALTH PARTNERS 97822 55,964.59 ICMA RETIREMENT TRUST 45 97823 11,064.52 JEFFERSON PILOT 97824 628.44 MN CHILD SUPPORT PAYMENT 97825 460.55 ORCHARD TRUST COMPANY 97826 6,990.50 PERA 97827 26,177.35 PUBLIC MANAGERS ASSOCIAT 97828 40.00 UNION 320 97829 1,126.16 UNITED WAY 97830 34.00 VANTAGEPOINT TRANSFER - 97831 225.00 WELLS FARGO - PAYROLL AC 97832 140,956.31 WI DEPARTMENT OF REVENUE 97833 289.28 ALL SAINTS BRAND DISTRIB 97834 1,707.80 AQUANTENNIAL AMBASSADOR 97835 600.00 ARCTIC GLACIER 97836 445.96 AUSTIN/LENNY 97837 30.42 BIFF'S,INC. 97838 60.26 BONEBRAKE/KAREN 97839 194.24 CHERNIN/ALEKSANDR 97840 30.10 CHOICE POINT SERVICES 97841 160.00 CITY WIDE WINDOW SERVICE 97842 24.50 COCA-COLA BOTTLING MIDWE 97843 1,989.60 CURTIS 1000 97844 317.65 G & K SERVICES 97845 16.41 GENUINE PARTS/NAPA AUTO 97846 172.13 GOVERNMENT FINANCE OFFIC 97847 415.00 GRAVES/MATTHEW 97848 240.90 GRIGGS-COOPER & CO 97849 10,989.35 HAWKINSON/ROBERT 97850 100.50 HOHENSTEINS INC 97851 3,202.95 HOME DEPOT #2802 97852 202.18 HORN/JIM 97853 99.84 IPC PRINTING 97854 221.63 JOHNSON BROS. LIQUOR CO. 97855 2,141.14 JOnSON/THOMAS M 97856 123.53 KUETHER DIST. CO. 97857 16,434.75 KURAS/JOSEPH 97858 37.46 MARK VII DIST. 97859 4,568.70 MENARDS CASHWAY LI~BER-F 97860 226.14 MINNESOTA COACHES 97861 630.50 MN DEPT OF HYJU~TH 97862 69.00 MOELLER/KAREN 97863 160.00 MPLS FIREFIGHTERS RELIEF 97864 179.22 MROS-NORTHERN LIGHTS/RIC 97865 450.00 NATIONAL NOTARY ASSOCIAT 97866 39.00 OFFICE DEPOT 97867 109.55 PAUSTIS & SONS 97868 1,625.20 ACS FINANCIAL SYSTEM 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT PEPSI-COLA-7 UP PETTY CASH - KAREN MOELL PETTY CASH - MARY DUGDAL PHILLIPS WINE & SPIRITS PINNACLE DISTR QUALITY WINE & SPIRITS QWEST COMMUNICATIONS STURDEVANT/JOE a THOMPSON/CHARLIE VERIZON WIRELESS VISA WINDSCHITL/KEITH WINE COMPANY/THE XCEL ENERGY (N S P) A M BEST COMPANY ABLE HOSE & RUBBER INC ACE HARDWARE ADI-ADEMCO DISTRIBUTION ~VANCED GRAPHICS SYSTEM AIRGAS SAFETY ALL SAFE FIRE & SECURITY ALPHA VIDEO AMERICAN RUG LAUNDRY AMERIPRIDE ANCHOR PAFER ANCOM COMMUNICATIONS INC ANOKA COUNTY LIBRARY ANOI(A COUNTY TREASURER ANOKA CTY - CENTRAL COMM ARCTIC GLACIER ASPEN MILLS, INC. ASPEN PUBLISHERS INC ASSOC CONSTRUCTION PUBLI ATLAS AUTO BODY BAKER & TAYLOR ENTERTAIN BARNA GUZY & STEFFEN LTD BATTERIES PLUS BATTERY CITY INC BFI/WOODLAKE SANITARY SE BIFF'S,INC. BIG BOB'S REPAIR & FABRI BLAINE VELO SPORTS BLIND FACTORY/THE BOOK WHOLESALERS INC BOOKMEN INC/THE BOYER TRUCK PARTS BRAKE & EQUIPMENT WAREHO 97869 298.88 97870 96.95 97871 127.43 97872 904.65 97873 952.72 97874 26,147.93 97875 179.24 97876 12.97 97877 8.26 97878 277.87 97879 289.01 97880 26.61 97881 1,062.87 97882 392.62 97883 1,609.90 97884 362.99 97885 438.19 97886 10.23 97887 223.49 97888 81.24 97889 425.88 97890 105.98 97891 280.50 97892 117.18 97893 367.00 97894 192.97 97895 2,390.03 97896 34,413.19 97897 885.27 97898 150.48 97899 2,467.00 97900 216.41 97901 301.02 97902 12,627.81 97903 4,322.04 97904 14,118.25 97905 54.85 97906 120.96 97907 104,078.15 97908 421.56 97909 165.47 97910 15.98 97911 30.50 97912 209.42 97913 70.77 97914 211.17 97915 130.97 ACS FINANCIkL SYSTEM 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 5 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT BRODART 97916 62.57 BUILDING FASTENERS 97917 54.91 BUSINESS COMMUNICATIONS 97918 29.95 CADD/ENGINEERING SUPPLY 97919 310.45 CATCO PARTS SERVICE 97920 1,150.10 CENTER FOR ENERGY/ENVIRO 97921 37,241.00 CHISAGO LAKES DISTRIBUTI 97922 1,320.80 CITY WIDE LOCKSMITHING 97923 55.00 CLARK PRODUCTS INC 97924 144.32 CREIGHTON BRADLEY GUZZET 97925 4,097.21 CRO~ FENCE & WIRE 97926 27.69 CUMMINS NORTH CENTRAL 97927 221.30 CYS UNIFORMS 97928 26.57 D.A.R.E. AMERICA 97929 677.78 DANKA 97930 522.39 DANI{A OFFICE IMAGING 97931 35.94 DAVIES WATER EQUIPMENT C 97932 696.79 DEMARS SIGNS 97933 437.50 DEMCO 97934 122.60 DETEPd~[~N BROWNIE, INC 97935 40.13 DIAMOND AUTO GLASS 97936 390.22 DPMS 97937 947.06 EAST SIDE BE~RAGE CO 97938 26,294.15 EDUCATION~ DIRECTORIES 97939 92.00 ELEMENT K 97940 123.00 ENCOMPASS 97941 701.20 ERICKSON/RIC}LIRD 97942 250.00 FIDELITY SERVICES INC 97943 4,728.22 FIRST LLrfHERN CHURCH 97944 125.00 FLEX COMPENSATION, INC 97945 173.25 FRANKLIN PRODUCTS 97946 768.43 G & K SERVICES 97947 733.72 GASCH/BOB 97948 125.00 GAYLORD BROS 97949 2,506.63 GENERAL BOOK CO~RS 97950 455.29 GENUINE P~TS/NAPA AUTO 97951 507.94 GOODIN CO. 97952 31.82 OOPHER BE;tRING COMPkN'Y 97953 114.38 GPOkFIX SHOPPE 97954 238.32 GROLIER PUBLISHING CO. I 97955 214.31 H & L MESABI 97956 155.49 ~ INC 97957 200.00 F~IRVEST INTERIORS 97958 381.00 HEIGHTS - FRIDLEY FLORAL 97959 59.78 HOHENSTEINS INC 97960 2,466.45 HOME DEPOT #2802 97961 339.14 ICI DULUX PAINT CENTER 97962 251.34 ACS FINANCIAL SYSTEM 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 6 BANK VENDOR CHECK N'UMBER AMOUNT BANK CHECKING ACCOUNT ICMA PRODUCT FULFILLMENT 97963 94.45 IKON OFFICE SOLUTION 97964 136.00 INDUSTRIAL DOOR CO INC 97965 228.49 INGEBPAND/MOLLIE 97966 150.00 INSTRUMENTAL RESEARCH IN 97967 154.00 INTEGRATED LOSS CONTROL 97968 602.00 J & L INDUSTRIAL SUPPLY 97969 169.85 JELLISON'S AUTO WRECKING 97970 15,00 JINDRA/PATRICIA 97971 35.00 JOHNS AUTO PARTS 97972 21.30 K & S ENGRAVING 97973 59,88 KENNEDY & GRAVEN 97974 29.00 KILBER/BRUCE 97975 130.00 ELOSS/MARY 97976 17.74 KREMER SPRING & ALINGMEN 97977 480.32 LAKE COUNTRY CHAPTER 97978 50.00 LEAGUE OF MINNESOTA CITI 97979 40.00 LIBRARY JOURNAL 97980 119.00 LOFFLER BUSINESS SYSTEMS 97981 298,43 LOWELL'S 97982 122.32 LUBES UNLIMITED 97983 261.83 LYLE SIGNS INC 97984 29.51 LYNDE COMPANY 97985 1,304.03 M.A ASSOCIATES INC 97986 122.27 MAHCO 97987 25.00 M~P~K VII DIST. 97988 11,127.65 MCI WORLDCOM COMM SERVIC 97989 6.02 MEDTOX lABORATORIES, INC 97990 261.00 MELSA 97991 289.50 MENARDS CASHWAY LUMBER-F 97992 294.33 MERCURY TOOL & ENGINEERI 97993 15.00 METROCALL - ATT MESSAGIN 97994 14.60 MIDWAY FORD 97995 792.65 MIDWEST ASPHALT CO. 97996 293.88 MIDWEST FIRE PROTECTION 97997 175.00 MINNI2IPOLIS FINANCE DEPT 97998 85,110.98 MINNEAPOLIS OXYGEN CO. 97999 59.02 MN DEPT OF ADMINISTRATIO 98000 37,00 MN STATE HORTICULTURAL S 98001 25.00 MOORHEAD MACHINERY 98002 400.00 MSG PROFESSIONAL BUILDIN 98003 200.00 MUNICIPAL SOFTWARE COMPA 98004 21,508.75 NEEDHAM DISTRIBUTING CO 98005 1,072.55 NEW YORK TIMES/THE 98006 291.20 NOR~ CHEMICAL CORP 98007 87.86 O' GARA/ANDREW 98008 55.00 OFFICE. DEPOT 98009 1,527.98 ACS FINANCIAL SYSTEM 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06,40 PAGE 7 BAAq< VENDOR CHECK NUMBER AMOUNT BA/fK CHECKING ACCOUNT OLSON' S PLUMBING OMNI ROOFS INC ONE-CALL CONCEPT-GOPHER ORIENTAL TP~ADING COMPANY ORKIN PARK SUPPLY INC PARTS WAREHOUSE, INC PEPSI-COLA-7 UP PIONEER RIM & WHEEL CO. POOLSIDE RADIO SHACK P~ID GRAPHICS & MAILING RAPIT PRINTING - FRIDLEY RE IMANN/F3~RRIET RESOURCE DOCUMENTS & ADV RIVERLAND COMMUNITY COLA SAM GIBSON SEWER COMPANY SARATOGA CO. SAUK/STEVEN SCHINDLER ELEVATOR CORP SCHOOLHOUSE MAGAZINE SCHULTE/DAVE SIGN LANGUAGE & GOLDEN A SILENT KNIGHT SECURITY SMITH MICRO TECHNOLOGIES STAR TRIBUNE STATE OF MINN-CPV PROGRA STATE TREASURER BAD STEEL TECH INC STREICHER' S GUN' S INC/DO SUN PUBLICATION SYSTEMS MANAGEMENT & BAA SYSTEMS SUPPLY INC. TECHIFAX BUSINESS SYSTEM TEE'S PLUS TELEPHONE ANSWERING CENT THE BLIND FACTORY TKDA TRANS-ALARM INC TRUGREEN CHEMLAWN TWIN CITY INDUSTRIAL MOT TWIN CITY TRANSPORT & RE UNITED RENTALS URS BRW INC US FILTER/WATER PRO VEC?OR INTERNET SERVICES VERIZON WIRELESS 98010 5,226.00 98011 289.00 98012 72.85 98013 251.50 98014 52,27 98015 139.40 98016 396.00 98017 177.84 98018 38.51 98019 202.99 98020 108.58 98021 511,98 98022 158.37 98023 2,00 98024 376.39 98025 110.00 98026 577.00 98027 37.15 98028 60.00 98029 1,739.25 98030 7.95 98031 140,00 98032 92,66 98033 320.40 98034 182.98 98035 56.29 98036 500.00 98037 276.62 98038 95.85 98039 425.28 98040 538.00 98041 2,700.00 98042 161.50 98043 1,888.13 98044 409.91 98045 86.90 98046 49.50 98047 531,90 98048 293.23 98049 466.47 98050 185.87 98051 55.00 98052 388.85 98053 47,018.56 98054 1,029.72 98055 150.00 98056 308.19 ACS FINANCIAL SYSTEM 05/09/2002 11 Check History 05/13/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 8 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT VICTORY CORPS 98057 203.31 VIDEO BY CYCLING 98058 585.49 VOSS LIGHTING 98059 234.02 WAGER'S INC. 98060 174.08 WAL-MART 98061 200.00 WALBRIDGE/DAVE 98062 125.00 WEBBER RECREATIONAL DESI 98063 1,769.08 WERNER ELECTRIC SUPPLY C 98064 50.29 WEST WELD 98065 74.86 WUR?H USA 98066 158.20 ZEP MANUFACTURING COMPAN 98067 134.07 1,129,451.44 *** ACS FINANCIAL SYSTEM 05/09/2002 11:47:12 FUND RECAP: FUND DESCRIPTION GENERAL COMMUNITY DEVELOPMENT FUND ANOKA COUNTY CDBO PARKVIEW VILLA NORTH ECONOMIC DEVELOPMENT AUTH PARKVIEW VILLA SOUTH CABLE TELEVISION RENTAL HOUSING LIBRARY COL HGNTS AFTER SCHOOL ENRI CONFISCATED/FORFEITED PROP DARE PROJECT LOC;IL LAW ENFORCE BLK GRANT JUVENILE JUSTICE GRANT COPS: SCHOOL PARTNERSHIP STATE AID CONSTRUCTION CAPITAL IMPROVEMENT PARKS CAPITAL IMPROVEMENT - PIR WATER UTILITY SEWER UTILITY REFUSE FUND STORM SEWER UTILITY LIQUOR STORM SEWER CONSTRUCT. FUND CENTRAL GARAGE DATA PROCESSING PERMIT SURCHARGE CONTRIBUTED PROJECTS-REC CONTRIBUTED PROJECTS-GEN INSIRANCE ESCROW FLEX BENEFIT TRUST FUND TOTAL ALL FI/N'DS Check History DISBURSEMENTS 54,008.77 339.51 61,741.00 33,212.97 578.22 18,445.99 25,746.94 1,635.46 16,620.74 644.14 55.00 1,138.67 947.06 2,656.12 903.96 47,319.58 624.88 2,037.21 93,337.94 1,289.58 105,691.65 114.44 384,405.42 76.08 11,784.68 233.34 276.62 337.79 3,005.16 13,332.57 239,174.29 7,735.66 1,129,451.44 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NAME DISBURSEMENTS BANK CHECKING ACCOUNT TOTAL ALL BANKS 1,129,451.44 1,129,451.44 CITY COUNCIL LETTER Meeting of May 13~ 2002 AGENDA Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: y~~ ITEM: Close Heating BY: Charlie Thompson B Rental License Revocation DATE: May 8, 2002 D NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Ruben Cruz regarding rental property at 4524 Monroe Street NE for failure to meet the requirements of the Residential Maintenance Code was scheduled to commence at the City Council meeting of May 13, 2002. The public hearing on this property may now be closed in that the property owner has corrected all deficiencies inside the building and has received an extension to complete the work on the outside of the building. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Ruben Cruz Regarding Rental Property at 4524 Monroe Street in that the Property Owner has corrected all deficiencies inside the building and has received an extension to complete the work on the outside of the building. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of May 13, 2002 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL NO: ~ ITEM: Close Hearing BY: Charlie Thompson Rental License Revocation DATE: May 8, 2002 NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against F.C. Celtic, L.L.C. regarding rental property at 3849 Central Avenue NE for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of May 13, 2002. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by F.C. Celtic, L.L.C. Regarding Rental Property at 3849 Central Avenue in that the Property complies with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of May 13, 2002 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: ~o ~-~ Fire APPROVAL ITEM: Close Heating BY: Charlie Thompson Rental License Revocation DATE: May 8, 2002 NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Salman Ali regarding rental property at 1224-1226 Circle Terrace Blvd NE for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of May 13, 2002. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Salman Ali Regarding Rental Property at 1224-1226 Circle Terrace Blvd in that the Property complies with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/13/02 AGENDA SECTION: RESOLUTIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: '~- /~-~ PUBLIC WORKS ITEM: RESOLUTION REQUESTING THE ADVANCE BY: K. Hansen~'~lt'~ BY: ENCUMBRANCE OF FUNDS FROM MNDOT STATE- DATE: 5/7/02t~]~a:~'"'~ ~ DA STREETSCAPING IMPROVEMENTS PROJECT 9912, 9912-A and 99-20 Background: On March 18, 2002 the City Council ordered the street, utility and streetscaping improvements for Central Avenue. Plans and specifications were prepared and were advertised in the local newspaper and construction trade magazine. Two bids were received on the bid opening date of April 30~, 2002. The City Council will be considering the award of the construction bids separately on the regular meeting of May 13th, 2002 Analysis/Conclusions: Thomas and Sons of Rogers, Minnesota submitted the low base bid, in the amount of $3,872.405.02. The original engineer's estimate, prior to bidding, was $3,600,000. During the bidding phase, three addendums were issued that ultimately increased the cost of the project. The first one was adding a bituminous joint crack sealing product called PavePrep for the north bound lanes. This is a geotextile material that is 18 inches in width that is applied after milling and rolled out on top of existing pavement cracks and then paved with the overlay course of bituminous. The material is advertised to limit reflective cracking and extend the life of the mill & overlay. The second addition changed the specification on the entire sidewalk from four to six inches in thickness and added steel reinforcement throughout thc entire sidewalk area. Prior to receiving bids, the engineer's estimate was revised to $3,834,864 to incorporate these changes. Staffhas reviewed the bids for additional cost savings to reduce the overall project cost further and is recommending slight modifications to the storm sewer system at 42nd Avenue that will save approximately $56,000. By not constructing the PavePrep and minor modification to the storm sewer system will result in a savings of $163,325 which will bring the Central Avenue project costs as bid down to $3,602,981. The sanitary sewer bids came in under the engineer's estimate with the roadway portion exceeding the engineer's estimate, resulting in a funding shortfall of approximately $175,000. Staff recommends funding the additional cost entirely with State-Aid funding. The proposed funding plan utilizes $2,098,742 of the City's State Aid Funds for Central Avenue, along with $1,296,000 of MnDOT Cooperative Agreement funds, City Utility Funds and Assessments. The City is eligible to request an advance encumbrance up to $750,000 for this project. This funding is available, interest free, from the office of State Aid on a first come first serve basis. The advance is paid back in subsequent years from the City's construction allotment, currently at $422,000 per year. This amount is from the City's Construction Allotment only, and does not impact the maintenance portion of our State Aid disbursement. Staff is recommending that the full amount of advance encumbrance be requested for the Central Avenue project. An amount of $240,000 from this disbursement needs to be dedicated to the infrastructure fund in 2003 for our Street Rehabilitation Program. Recommended Motion: Move to waive the reading of Resolution No. 2002-37, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2002- 37 requesting the advance encumbrance of funds from Mn/DOT State Aid for Central Avenue Street, Utility and Streetscaping Improvements, Project 9912, 9912-A and 99-20. Attachments: Resolution COUNCIL ACTION: RESOLUTION NO. 2002-37 BEING A RESOLUTION FOR ADVANCE ENCUMBERANCE OF MINNESOTA STATE AID FUNDS WHEREAS, the City of Columbia Heights has obtained the Commissioner's approval of the plans for the following Municipal State Aid Street Project(s) WHEREAS, S.A.P. No. 113-010-009 located on T.H. 65 (Central Avenue), 37th to 43rd Avenues, consisting of Bituminous Surfacing, Concrete Median Concrete Curb and Gutter, Concrete and Sidewalks, Storm Sewer, Sanitary Sewer, Watermain, Landscaping and Traffic Signals WHEREAS, S.A.P. No. 113-010-010, located on T.H. 47 (University Avenue), 37th to 49th Avenue, consisting of Backlit Street Lighting WItEREAS, S.A.P. 113-103-05 located on Reservoir Blvd. AND WHEREAS, said city is prepared to proceed with the construction of these said project(s) by providing local funds to supplement the available funds in its Municipal State Aid Account, WHEREAS, repayment of the funds so advanced by the municipality is desired in accordance with the provisions of Minnesota Statutes 162.14, Subdivisions 6, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Columbia Heights in an amount up to $750,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 9, and; To authorize repayments from the subsequent accruals to the Construction Account of Municipal State Aid Street fimd for said City within the limitations provided by law at the times and in the amounts as herein indicated: On or after February 1, 2003 - $400,000 from 2003 Allotment On or after February 1, 2004 - $350,000 from 2004 allotment Dated this 13th day of May, 2002. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: 5/13/02 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ ~ ~{ PUBLIC WORKSw~._~~ ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hansen ._ _._ _ BY: AWARDING CONTRACT FOR CENTRAL AVENUE DATE: 5/7/02 DAT _ STREET, UTILITY AND STREETSCAPING IMPROVEMENTS PROJECT 9912, 9912-A and 99-20 Background: On March 18, 2002 the City Council ordered the street, utility and streetscaping Lmprovements for Central Avenue. Plans and specifications were prepared and advertised for bids in the Focus on March 21, 2002 and in the Construction Bulletin on March 22, March 29, April 5 and April 12, 2002. Forty-two contractors or suppliers requested copies of the bidding documents. Two bids were received and publicly read aloud at the April 30, 2002 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis/Conclusions: Thomas and Sons of Rogers, Minnesota submitted the low base bid, in the amount of $3,872.405.02. As indicated on the minutes of the bid opening, $544,888.19 separated the next bidder from the low bidder on the bids. The original engineer's estimate, prior to bidding, was $3,600,000. During the bidding phase, three addendums were issued that ultimately increased the cost of the project. The first one was adding a bituminous joint crack sealing product called PavePrep for the north bound lanes. This is a geotextile material that is 18 inches in width that is applied after milling and rolled out on top of existing pavement cracks and then paved with the overlay course of bituminous. The material is advertised to limit reflective cracking and extend the life of the mill & overlay. The second addition changed the specification on the entire sidewalk from four to six inches in thickness and added steel reinforcement throughout the entire sidewalk area. Prior to receiving bids, the engineer's estimate was revised to $3,834,864 to incorporate these changes. Staffrequested the addition of PavePrep and crack repair to limit the amount of reflective cracks occurring in the next year or two on the new mill and overlay section for the north bound lanes. The total bid price for this work is $107,325. On any Mill & Overlay type paving project, reflective cracking (existing cracks coming through the new wear course) will occur over time. On Central Avenue, the bituminous pavement sits over concrete panels, which are not tied. Due to the clayey elastic soils on Central, these panels are the cause of most of the cracking occurring in the bituminous layer. It was initially desired by staff to evaluate geotextile product to add strength at the existing cracks and delay the inevitable, which is reflective cracking. Due to the high bid cost of this product, staff recommends to not install this portion of the project, reducing the project cost by $107,325. Because of the type of soils on Central Avenue and the streetscaping treatments in the sidewalk area, staff requested that the sidewalk section be strengthened by adding reinforcement and changing the thickness from 4 to 6 inches. Changing this back to an non-reinforced 4-inch section would result in a cost savings of approximately $70,775. Because the colored, banded and scored sidewalk is a critical component of the overall plan, and recognizing the potential negative impact of the existing soils, staff recommends using the 6-inch reinforced section as bid. Staffhas reviewed the bids for additional cost savings to reduce the overall project cost further and is recommending slight modifications to the storm sewer system at 42nd Avenue that will save approximately $56,000. By not constructing the PavePrep and minor modification to the storm sewer system will result in a savings of $163,325 which will bring the Central Avenue project costs as bid down to $3,602,981. The sanitary sewer bids came in under the engineer's estimate with the roadway portion exceeding the engineer's estimate, resulting in a funding shortfall of approximately $175,000. Staff recommends funding the additional cost entirely with State-Aid funding (see note 7 on exhibit A). The City of Columbia Heights State-aid account currently has an unencumbered balance of $2,098,742 available for Central Avenue. Additionally, the City is eligible to request an advance encumbrance up to $750,000 for this project. This funding is available, interest free, from the office of State Aid on a fnrst come first serve basis. The advance is paid back in subsequent years from the City's construction allotment, currently at $422,000 per year. Staff is recommending COUNCIL ACTION: CITY COUNCIL LETTER Meeting off 5/13/02 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hansen BY: AWARDING CONTRACT FOR CENTRAL AVENUE DATE: 5/7/02 DATE: STREET, UTILITY AND STREETSCAPING IMPROVEMENTS PROJECT 9912, 9912-A and 99-20 that the full amount of advance encumbrance be requested for the Central Avenue project, the remaining balance of which can also be used on other improvements and for the infrastructure fund in 2003. Another portion of the work that was included in this bidding package was the University Avenue backlit street signs, originally rejected by the City Council on September, 1999, and adding the work to the Central Avenue project. The total cost of this work is $68,000. This translates to a per sign cost of $4,250. They are intended to be placed at the intersections of 37th, 40th, 44th, and 49th along University Avenue. A funding agreement with the City of Fridley will be necessary to pay for the signs at 49th Avenue. When the project was bid as a stand alone project, the bids came in at $74,500 or $4,656 per sign. Delaying this portion of the work to a future year could be considered as an option to further reduce the overall project costs by another $68,000. Not performing the PavePrep, minor storm sewer work and backlit street signs would reduce the overall Central Avenue project costs from $3,872,405 to $3,602,983, which matches the original engineer's estimate and project funding program. Based upon the low bid from Thomas and Sons, staff is recommending contract award of the overall bid with the following funding sources identified on the attached sheet, exhibit 'A,' and eliminating the PavePrep, making minor modifications to the storm sewer and eliminating the backlit street signs on University Avenue. Another component of the streetscaping portion of the work was the furnishing and installation of street lights along the entire corridor from 37th to 43rd Avenues. Attached is a bid from Xcel Energy to install acorn style decorative lighting and intersection safety lighting at a total cost of $358,000. The bid includes 57 decorative lights and 40 safety or hatbox style lights. The bid includes all materials and installation and provides that Xcel Energy will then provide maintenance of all lights. The bid includes double heads of the decorative style lights at the 40th Avenue intersection. The bid includes all new underground wiring installed in conduit. Maintenance provided by Xcel includes the entire lighting system, including underground wiring. Recommended Motion: Move to waive the reading of Resolution No. 2002-33, there being ample copies available to the public. Recommended Motion: Move to adopt Resolution No. 2002- 33 accepting bids and awarding the 2002 Central Avenue Street, Utility and Streetscaping, Project No's 9912, 9912-A, and 99-20 to Thomas and Sons of Rogers, Minnesota in the amount of $3,872.405.02 based upon their low, qualified responsible bid; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Recommended Motion: Move to accept the proposal from Xcel Energy in the amount of $358,300 for installation of 97 streetlights; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Attachments: Exhibit 'A' Bid Opening Minutes Resolution URS Recommendation Letter Xcel Energy Proposal COUNCIL ACTION: o o 0 0 0 0 ZZ ZZ I-- Z U.I ILl o Z I.U .J CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, April 30, 2002 City Projects 9912, 9912-A and 99-20 Central Avenue (T.H. 65) Improvements Pursuant to an advertisement for bids for Central Avenue (T.H. 65) Improvements, City Projects 9912, 9912-A, and 99-20 an administrative meeting was held on April 30, 2002 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Kevin Kielb, URS Jon Hom, URS Representative of Rod Pederson Utilities, Inc. Representative of Midwest Asphalt Dan Thomas, Thomas and Sons Kevin Hansen, City Engineer Bids were opened and read aloud as follows: Bidder Base Bid Thomas and Sons Construction, Inc. Midwest Asphalt Corporation Re~p/ejct~ly sub¢d, Kdvin Hansen City Engineer $3,872,405.22 $4,417,293.41 jb RESOLUTION NO. 2002-33 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE CENTRAL AVENUE IMPROVEMENTS CITY PROJECT No. 9912, 9912-A and 99-20 TO THOMAS AND SONS CONSTRUCTION INC. WHEREAS, pursuant to an advertisement for bids for City Project No. 9912 and 9912-A, 99-20 Central Avenue Improvements, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Thomas and Sons Construction Inc. Midwest Asphalt Corporation $3,872,405.22 $4,417,293.41 WHEREAS, it appears that Thomas and Sons Construction Inc., 13925 Northdale Blvd., PO Box 303, Rogers, Minnesota 55374, is the lowest responsible bidder.. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Thomas and Sons Construction, Inc., in the name of the City of Columbia Heights, for the Central Avenue Improvements, City Project No. 9912, 9912-A, and 99-20 according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to return, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project 9912, 9912-A and 99-20 shall be funded with State Aid Maintenance Fund, General Fund, Park Fund, Street Fund, Sewer and Water Fund and PIR funds. Dated this 13th day of May 2002. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk May 1, 2002 Mr. Kevin Hansen, P.E. Director of Public Works City of Columbia Heights 637 38th Avenus NE Columbia Heights, MN 55421 RECEIVED MAr 0 1 ZOOZ PUBLIC WORKS Re: Central Avenue (T.H. 65) Improvement Project City Project 99-12 Dear Kevin: Bids were received and opened for the above referenced project on April 30, 2002 at the Columbia Heights Municipal Services Center. The following table depicts the bids received, the amounts read aloud and the corrected bid amounts based on unit prices. Corrected Amount Contractor Bid Amount Read Aloud Thomas and Sons Construction, Inc. Midwest Asphalt Corporation $ 3,872,405.22 $ 4,417,293.41 $ 3,872,405.22 $ 4,418,305.21 The Engineer's Estimate for the bid was $ 3,834,864.43. IRREGULARITIES IN BIDS Several errors and omissions were noted in the bids received. The corrected amounts appear in the attached bid tabulation and are based upon the unit prices listed on the submitted Bid Proposal forms. RECOMMENDATIONS We recommend that the City consider and accept the bids received and award the contract to Thomas and Sons Construction, Inc.. The Contract Specifications indicate that the City will consider the bids at their May 13, 2002 City Council meeting. Given the time tight time frame associated with project construction, we recommend that the City award the project on that date. Thresher Square 700 Third Street South Minneapolis, MN 55415-1199 612.370.0700 Tel 612.370.1378 Fax Mr. Kevin Hansen, P.E. May 1, 2002 Page 2 We have enclosed a copy of the bid tabulation and copies of the bid documents for your records. If you need additional information, please call me at (612) 373-6506. Sincerely, BRW, INC. Kevin P. Kielb, PE Project Engineer Enclosures CCi Jon Hom/BRW Steve Weser/BRW File 33910 004 3001 XcelEner lY OUTDOOR LIGHTING 1971 Gateway Boulevard Arden Hills, Minnesota 55112-2750 March 20, 2002 Mr. Kevin I-/amen P. E. City of Columbia Heights 637 38th Avenue North Columbia Heights, MN 55421 DearMr. H ansen: I'm submitting you a cost for the lighting project that we have discussed, on Central Avenue from 37~ Avenue to 43"~ Avenue in the City of Columbia Heights. The cost includes all of the labor to install, and the material that I am listing below. This will include materials to upgrade your street light system, except for the poles and fixtm'es at this time. To include the following materials. 57 ea.- 100 watt liP Acorn - (Cooper) 53 ea.- 15' Fluted Fiberglass poles 53 ea. - 6" Screxv-in anchor bases 2 ea. - Feed point cabinets 4 ea. - Double mast arms 40 ea. - 250 watt Hatbox fixture 40 ea. - 30' Aluminum poles 42 ea. - 8" Screwy-in anchor bases 45 ea.- GFI receptacles 94 ea. - Barmer arms The preliminary cost to complete this project as it is specified above will be $358,300. All fixtures, poles, and other accessories will be Black in color. Size of banners has to be determined by the City of Columbia Heights. This does reflect 2002 pricing for materials and labor Thank you, for the opportunity to provide this service to the City of Columbia Heights. I would very much like to meet with you as soon as possible to discuss this proposal. At that time we could make any necessary changes needed, and provide you with a final proposal and design for this project. If you have any questions, please do not hesitate to call me. ..S_k!gerely,, , '~rinciple Consultant (651) 634-7807 CITY COUNCIL LETTER Meeting off 5/13/02 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: --~-~"~-~ PUBLIC WORKS ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hanse BY REHABILITATIoNAWARDING CONTRACT FOR ZONE 6A STREETpRoJECTS DATE: 5/7/02 ~ DAT~ Background: On March 25, 2002 the City Council ordered the street and utility improvements in Zone 6A. Plans and specifications were prepared and advertised for bids in the Focus on April 11, 2002 and in the Construction Bulletin on April 12, April 19 and April 26, 2002. Twenty contractors or suppliers requested copies of the bidding documents. Four bids were received and publicly read aloud at the May 7, 2002 bid opening. A detailed copy of the complete bid tabulation is available from the City Engineer. Analysis/Conclusions: Park Construction of Minneapolis, Minnesota submitted the low bid, in the amount of $1,092,816.35. As indicated on the minutes of the bid opening, only $87,71 lseparated the next bidder from the low bidder. An alternate bid was received for Residential Construction on private property for concrete and bituminous construction. The low bid was under the Engineer's Estimate presented at the Improvement Hearing of $1,333,000 by $240,185. Staff is recommending accepting Alternate 1 that provides unit pricing for residential driveway or sidewalk construction as has been done in previous street zone projects. Based upon the low bid from Park Construction, staff is recommending contract award of the base bid with alternate 1 with the following funding sources: Street Construction City Infrastmcture Fund: Capital Improvement Projects: Fund (Assessments) Utili _ty Construction Water Construction Fund: Storm Water Utility Fund: Sanitary Sewer Construction: Base Bid Alternate 1 $378,393 $378,393 $3,640 $184,026 $118,200 $33,805 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 5/13/02 AGENDA SECTION: BID CONSIDERATION ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: RESOLUTION ACCEPTING BIDS AND BY: K. Hansen BY: AWARDING CONTRACT FOR ZONE 6A STREET DATE: 5/7/02 DATE: REHABILITATION PROJECTS Continued - Page 2 Recommended Motion: Move to waive the reading of Resolution No. 2002-35, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2002-35 accepting bids and awarding the 2002 Street Rehabilitation Projects in Zone 6A, Project No. 0202 to Park Construction of Minneapolis, Minnesota in the amount of $1,092,816.35 based upon their low, qualified responsible bid and accepting Alternate 1 (unit price basis) for residential construction; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. KH:jb Attachments: Bid Opening Minutes Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Tuesday, May 7, 2002 2002 Street Rehabilitation, Zone 6A City Project 0202 Pursuant to an advertisement for bids for 2002 Street Rehabilitation, Zone 6A, City Project 0202, an administrative meeting was held on May 7, 2002 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Bruce Carlson, Park Construction Aaron Deringer, Midwest Asphalt Corp. Donald Hall, Hardrives, Inc. Shed Jo Boyum, Palda & Sons Kevin Hansen, City Engineer Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: Bidder Base Bid Altemate# 1 Corrected Bid* Park Construction Hardrives, Inc. Midwest Asphalt Palda & Sons, Inc. $1,092,816.35 $1,180,527.54 $1,398,987.70 $1,510,300.35 * Denotes bid correction based upon unit pricing. Respectfully submitted, Joanne Baker Public Works Secretary jb $3,640.00 $3,784.6O $4,829.00 $4,940.00 $1,394,158.70' RESOLUTION NO. 2002-35 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE ZONE 6A STREET REHABILITATION IMPROVEMENTS, CITY PROJECT No. 0202 TO PARK CONSTRUCTION COMPANY WHEREAS, pursuant to an advertisement for bids for City Project No. 0202, Street Rehabilitation Improvements, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Base Bid Alternate #1 Corrected Bid* Park Construction Company Hardrives Inc. Midwest Asphalt Palda & Sons, Inc. $1,092,816.35 $1,180,527.54 $1,398,987.70 $1,510,300.35 $3,640.00 $3,784.60 $4,829.OO $4,940.00 $1,394,158.70 WHEREAS, it appears that Park Construction Company, 7900 Beech Street N.E., Minneapolis, MN 55432, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA: The Mayor and Clerk are hereby authorized and directed to enter into a contract with Park Construction Company, in the name of the City of Columbia Heights, for the 2002 Zone 6A Street Rehabilitation Improvements, City Project No. 0202, according to plans and specifications therefore approved by the Council. The City Engineer is hereby authorized and directed to retum, forthwith, to all bidders, the deposits made with their bids except the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been signed. City Project 0202 shall be funded with State Aid Maintenance Funds, General Funds (Infrastructure and Assessments), Sanitary Sewer Construction, Water Construction, DNR Funds and Storm Water Utility Construction Funds. Dated this 13th day of May 2002. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Gary Peterson, Mayor Patricia Muscovitz, Deputy City Clerk THESE MINUTES HAVE NOT BEEN APPROVED City of Columbia Heights Park and Recreation Comnfission March 27, 2002 The meeting was called to order by Eileen Evans at 6:36 p.m. ROLL CALL Members present: Members absent: Eileen Evans; Jerry Foss; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Gary Peterson; Keith Windschitl, Recreation Director Kevin Hansen, Public Works Director/City Engineer Also present: Lauren McClanahan; Kelly Becker APPROVAL CONSENT AGENDA: Motion to approve consent agenda by Mayer; second by Bill Peterson. All ayes, motion carried. INTRODUCTION OF NEW EMPLOYEE Recreation Director, Keith Windschitl, introduced Kelly Becket as the Recreation Departments new Youth Enrichment Coordinator. Kelly Becket has a four-year degree in Recreation Administration from St. Could State University and has been with the Recreation Department for two months. RECOGNITION Commission Member, Scott Niemeyer, announced his retirement from the Park and Recreation Commission Board. March 27, 2002 is his last official meeting but he is willing to unofficially stay on the board until his position has been filled. He thanked the Commission Members for the time that he was able to spend on the board and for being able to learn a lot about our community. The Commission Members thanked him for his time that he spent with the Commission and wished him well in his future. LETTERS AND REQUESTS: Commission Chairperson, Eileen Evans, discussed the request for Chris & Elsie lngemansen, Columbia Heights residents desiring to be named renters in their granddaughter's wedding to be held at JPM on January 4, 2003. Motion by Foss, second by B. Peterson to deny request and uphold the current policy in place stating wedding rentals are granted to the bride, groom or their immediate parents. All ayes, motion carded. PAGE TWO Commission Chairperson, Eileen Evans, discussed the request for fees to be waived for recognition of the Columbia Heights Police & Fire Departments to be put on by Ran Productions. She questioned the specifics of the function and asked if Ran Productions were expecting anything in return for their services. Recreation Director, Keith Windschitl, stated that Ran Rittmiller is willing to donate his services and has spoke with former Commission Member, Bruce Magnuson; Fire Department employee, Dan O'Brien; and the City Manager, Walt Fehst, in regards to this event. City Manager, Walt Fehst, is in support of this event and has spoken with Recreation Director, Keith Windschitl, about waiving the fees for this event. Mayor, Gary Peterson, asked if this is the same person who wanted to do a fundraiser following the St. Peter tornado damage but it is not. Motion by Greenhalgh, second by Mayer to waive the fees on an upcoming Friday night to hold this recognition. All ayes, motion carried. OLD BUSINESS: Public Works Superintendent, Lauren McClanahan, stated that Public Works has received bids for the re-roofing project of the Sullivan Lake Park building but did not have them available with him for the meeting. He informed the Commission Members that the bids are lower than last year due to modifications in the previous bids. Sullivan Lake Park is a primary picnic area that is used almost every weekend and is where Medtronics hosts their annual company picnic. Motion by Foss, second by B. Peterson to go ahead with the current bids as long as the bids stay within budget for the Sullivan Lake Park re- roofing project. All ayes, motion carded. NEW BUSINESS: Recreation Director, Keith Windschitl, informed the Commission Members that the roof in the southeast comer valley of JPM is leaking. He stated that Public Works has been able to open up the valley in a timely manner but the roof is in need of major repair. There is also possibility of mold in the Recreation office. Motion by Foss, second by Greenhalgh to pursue a roofing consultant. All ayes, motion carded. Recreation Director, Keith Windschitl, informed the Commission Members that there is the possibility of taking over Central Middle School's athletic programs. This has not been officially decided at this point. The Columbia Heights Varsity coach, Matt Townsend, stated to Recreation Director, Keith Windschitl, that if the Recreation Department is not able to take over the 8th grade football program it may not be available for the 2002 season. The Columbia Heights Boosters will fund the Recreation athletics for 2002. Commission Member, Jerry Foss expressed concern about the safety of the schools equipment. The policy of the Recreation Department is that we only provide the game and practice jersey and pants, and pads for the pants. The participants are required to provide the helmet, shoulder pads, mouth guard and shoes. Mayor, Gary Peterson, stated that if the schools are going to drop their programs they should still offer their PAGE THREE fields for practices. Details will be presented to the Commission Members' as they are determined. Public Works Superintendent, Lauren McClanahan, informed the Commission Members that the pathway has been completed at Prestemon Park. At the present time, Public Works feels that the pathway is too close to the backstop and that there should also be fencing to protect the bleachers from foul balls. Recreation Director, Keith Windschitl, asked if a drain tile was put in on the foul line to help drain the water on the field. Public Works Superintendent, Lauren McClanahan, stated that the only drain tile is by home plate. Motion by Niemeyer, second by Foss to allow Public Works to pursue bids pertaining to the safety of the pathway and bleachers. All ayes, motion carried. REPORTS: Recreation Director, Keith Windschitl, informed the Commission Members that there is discussion about having a summer concert during the Jamboree as a fundraiser for the Southern Anoka County Chamber. If the concert takes place on Saturday, the fireworks will have to be moved to Friday after the parade due to the carnival being taken down Sunday evening. He will keep the Commission informed of any future details, as they are determined. Recreation Director, Keith Windschitl, stated that AAU 9th grade basketball coach, Art Meadowcroft, requested to use the City van to take his team to St. Cloud, Eau Claire, and Notre Dame. After talking with several Commission Members, he declined Art Meadowcroft's request due to the City van policy being for official City use only. Recreation Director, Keith Windschitl, informed the Commission Members that the National Softball Qualifier would be held the weekend before jamboree weekend. In the past the National Softball Qualifier has been held during the Jamboree but B-Bops is hosting a World Qualifier that same weekend and Columbia Heights would have a hard time bringing in teams. There will be a local softball tournament held during the Jamboree. Most of the games will be played at Huset Park. Public Works Superintendent, Lauren McClanahan, informed the Commission Members that having a summer concert during the jamboree will change the Public Works' set up dramatically and add additional time. Public Works will need to be informed of all jamboree details, as they are determined. Public Works Superintendent, Lauren McClanahan, informed the Commission Members that the railroad tracks are in the process of being removed. Commission Member, Tom Greenhalgh, asked what Public Works plans on doing with the dirt hill behind JPM. The dirt hill will remain there for about 2 to 3 years. PAGE FOUR Public Works Superintendent, Lauren McClanahan, stated that Asland will be parking a vehicle at Silver Lake Beach for a month in exchange of them cutting trees along the blvd at no charge. Public Works Superintendent, Lauren McClanahan, informed the Commission Members that the City of Columbia Heights has received the Tree City U.S.A. award for the l0th year in a row. Public Works Superintendent, Lauren McClanahan, stated that the 3rd flagpole has been ordered for Gateway Park and will be installed mid June. Mayor, Gary Peterson, stated that the City Manager, Walt Fehst, left him a message stating that he had a meeting with Metro Council Member, Red Nelson, and there is the possibility of Silver Lake Beach being developed into town homes. Commission Chairperson, Eileen Evans, asked if the remaining Salvation Army Camp buildings will be removed but that is unknown at this time. Hennepin County Parks, buyers of the Salvation Army Camp, will be taking possession in September 2002. The Salvation Army Camp will be moving to a 400-acre plot in Backus, Minnesota. Public Works Superintendent, Lauren McClanahan, stated the Public Works is looking for volunteers to maintain the flowerbeds located on 37th Ave. next to the railroad tracks. The Columbia Heights Lions Club previously maintained the flowerbeds. Commission Member, Tom Greenhalgh, asked Recreation Director, Keith Windschitl, if it was possible to e-mail the Park & Recreation agendas instead of mailing them out every month. Recreation Director, Keith Windschitl, stated that it would be very difficult to e-mail the agendas due to attachments that would not be available for e-mail. ADJOURNMENT Motion by Foss, second by B. Peterson to adjourn meeting. Meeting adjourned at 7:55 p.m. Tina Foss, Park and Recreation Commission Secretary COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES April 2, 2002 The meeting was called to order by Chair, Barbara Miller at 7:05 p.m. Those present were Catherine Vesley, Julienne Wyckoff, Patricia Sowada, Barbara Miller, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the March 4, 2002, Board meeting as mailed. Bill list dated 3/25/02 was reviewed. It was moved, seconded, and passed that they be paid. Bill list dated 4/11/02 was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Old Business: 1. The State budget and the impact it will have on State libraries was discussed. Plans for the 75th Anniversary celebration of the library were started. December of 2003 is the 75~ year of library services in Columbia Heights. Possible ideas were discussed and a rough draft will be available at the next meeting for further discussion. 3. Three new pages: Stephanie Bengtson, Ramon Gomez, and Jenna Stromquist, have all passed their tests and are working regular shiRs. The library is currently at full staff. 4. An offer has been extended for the Library Aide position to Cristy Tombarge. She will begin training on Monday, April 8. 5. Board Appointments to fill current vacancies are to be conducted by the City Council during the month of April. e A reminder of the fundraiser to be held at the Heights Theatre on Sunday, April 21, 2002, at 6:00 p.m. was noted. The cost is $12.00/person and tickets will be sold only at the door. If Board members have questions they should contact Marsha Tubbs. 7. The Board was asked to attend the City Council meeting of April 8, 2002, to accept the Proclamation for National Library Week from the Mayor. 8. Board members were asked if they would be available to attend the City wide Open House to be held at Public Works on May 22, from 4:00 to 7:00 p.m. The Jamboree parade will be held on June 28. The Board was encouraged to think about ideas for the Library entry. The parade route will be different this year due to the construction that will be taking place on Central Ave. New Business: 1. Internet Policy form changes were reviewed. The Board would like to post an additional simplified procedure sheet to be available at each Internet station. It was moved, seconded, and passed to accept the Library Internet Policy as presented. 2. The 2001 State Annual Report was reviewed. It was noted that the printed form of this document does contain some errors, but the report that was filed on line is complete and correct. A report on a tour of the multi-use developments in Shakopee and Savage was presented. Facilities designed by Dunbar and Associates were toured in the above two cities. These developments contain School, Governmental, and Commercial space on the ground level with Market Rate senior housing on the above levels. This type of multi-use facility is being considered for the Mady's lot in Columbia Heights. The February/March Director's Report from Anoka County Library was reviewed. Special attention was given to the information concerning the automation vendor. There has been a major break in the communications line in Blaine this week. Qwest lines are the problem and a solution is being pursued. 5. The current Board member list along with reappointment dates was distributed. 6. The Board was alerted to the possibility of 3 items concerning the City Charter that may be on the ballot this fall. A report on the Friends meeting was provided. The Friends annual book sale will be held on May 16, with the pre-sale from 6:00 to 8:00 p.m. on May 15. This year the Friends have made a change; there will be no pre-buying allowed. 8. Rita Norberg is pursuing a donation of Cohians from the estate of a former Columbia Heights teacher. 9. Summer Reading Club buttons and bookmarks were distributed to the Board. 10. Ideas for StaffRecognition for the library staff from the Board were discussed. There being no further business the meeting was adjourned at 8:55 p.m. Respectfully submitted, Je/~nine M. Schmidt Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights= services, programs, and activities. These minutes PLANNING AND ZONING COMMISSIONn0tapproved. MINUTES OF THE REGULAR MEETING C~ ~ j~ MAY 7, 2002 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Schmitt, Yehle, and Ericson. Commission member absent-Johnson Also present were Tim Johnson (City Planner) and Shelley Hanson (Secretary). Motion by Yehle, second by Ericson, to approve the minutes from the meeting of April 2, 2002. MOTION PASSED. All ayes. NEW BUSINESS Central Avenue-Street Utility and Streetscaping and Zone 6A of the City Street Rehabilitation Program (Presentation by Kevin Hansen, Public Works Director) Kevin Hansen explained that when Public Improvements are assessed, it is recommended under MN State Statutes that the planning advisory body to the City Council review the proposed improvements and make a determination for consistency with the City's Comprehensive Plan. And even though Columbia Heights is a Charter City, we are trying to follow MN State Statute requirements. In 2002, two large projects will be undertaken in Columbia Heights. The first being the Central Avenue Reconstruction, and the second being Zone 6A, which is part of the Annual Street Rehabilitation Program. Central Avenue Improvements--The City has developed plans for the rehabilitation of Central Avenue from 37th to 43~d Avenues. The work will include utilities (water main replacement, sanitary sewer repairs, and new storm sewer) and street reconstruction (which includes construction of center concrete medians, concrete curb, and gutter replacement on both sides of the street and replacing the existing sidewalks). Some parking will be eliminated which will affect mostly the east side of Central. The travel lanes are designed to be 12 f~ in width. Streetscaping improvements will include decorative, colored sidewalks, matching planters and trash receptacles, pedestrian benches, and decorative street lighting. Hansen presented a visual display and explained the details of the improvements planned. The project is to begin in about two weeks and should be complete by November 30th. The total estimated cost of the work is $4,840,000. Motion by Ramsdell, second by Yehle, to support City Council action regarding the Central Avenue Rehabilitation Project as it is consistent with the City's Comprehensive Plan. AH ayes. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING MAY 7, 2002 PAGE 2 Zone 6A Street Rehabilitation Program--The City Council has ordered improvements for 8 blocks of full street reconstruction for 2002. The area is basically bounded by 7th Street - Quincy St, 42na-44th Ave. Full street reconstruction includes removal of the existing street section, roadway grading with soil corrections, new gravel base, new concrete curb and gutter, and new bituminous pavement. City staff will also review the condition of the existing underground utilities and will make recommendations for the replacement of water mains, sewer, or storm drains, when necessary. The watermains are very old in this area, and many have lead connections that need to be replaced. In addition, catch basins and larger pipes will be installed to accommodate the flooding issues in this area. This project should begin in June and be complete by SePtember. The estimated cost of the work is $1,300,000. Funding for these projects will come from assessing benefiting property owners, the City Infrastructure Fund, City Utility Funds, State Aid Funds and MnDOT Funds. Hansen explained the City Council will be awarding the bids for these projects at their meeting Monday, May 13, 2002. Motion by Ramsdell, second by Yehle, to support the City Council action regarding the Zone 6A Street Rehabilitation Program as it is consistent with the City's Comprehensive Plan. All ayes. As another point of information, Hansen stated the City is working with BRW to establish a design concept for the Central Avenue Corridor. A committee has been formed to gather ideas and make a recommendation to the City Council. They will meet over the next six months to review such things as a color scheme, design, or theme that would bring continuity to the corridor. Items that will be considered are building facades, windows, entryways, signage, screening, landscape materials, awnings, etc. Tom Ramsdell has agreed to be a member of this committee. Status of Lomianki Park Property The City Council has identified the development of property south of Lomianki Park (37th Ave to 38th Ave) as one of its priority projects-for 2002. On March 26, 2002, an open house was held regarding the potential development of this property. At its April 2002 Park and Recreation Commission meeting, the Board recommended the parkland status be eliminated, as they did not foresee any improvements being made to this property. In 1973 the City adopted Ordinance #803, which identified residents in the Southwest section of the City as part of a citizens group which raised funds for the purpose of developing a park for their neighborhood on property acquired from Burlington Northem Railroad. This included the Lomianki Park property between 37th and 40th Ave, excluding the existing industrial businesses. It appears that the funds were probably used for the definitive Lomianki Park property between 38th and 39th Ave. In 1975, Ordinance #831 was adopted, which amended Ordinance #803, and also designated certain properties for continued park usage. This Ordinance included Block 95; Lots 16-28, lying between 37th and 38th Ave, to be possibly used as a picnic park. PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING MAY 7, 2002 PAGE 3 Since this time the land has been maintained by the City, but does not function as a park. The property has virtually no access from the north side because of an existing industrial business at 82 38th Ave. The property also has poor access off of 37th Avenue, which currently has a chain in place to prevent' vehicle access. There is nothing to identify the property as parkland of any kind. The history of the property indicates that the land was established as park so as to provide for a natural buffer from the railroad switching yards on the west. The property is currently zoned for industrial purposes, but the highest and best use has been identified as residential. The purpose of bringing this issue before the Planning and Zoning Commission is to address the original park dedication, and to provide a recommendation on whether or not to continue recognizing this area as part of Lomianki Park. Because it has not been used as Parkland for the last 30 years, staff recommends that the parkland status be eliminated, to allow for future development. Furthermore, the City Comprehensive Plan specifically indicates that the loss of the north and south parcels of Lomianki Park would not be crucial to the integrity of the park system. The vacant City owned properties at 3701 and 3741 California Street have been looked at for potential residential development and may either be sold through a public bidding process or sold to a preferred developer. The highest and best use of the properties has been determined as medium density residential development. MN Statute 462.356 requires that if the City has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. The Comprehensive Plan designates this property for parkland use. However, the Plan also specifically indicates that the loss of the south and north parcels of Lomianki Park would not be crucial to the integrity of the park system. If the City moves forward with the sale and development of this property, the City will submit a change in future land use to the Metropolitan Council for these parcels. Chairperson Ramsdell explained that the Planning & Zoning Commission is only a recommending board and the City Council can override any of their recommendations. He also stated this is not a public heating, however, as this is an issue important to so many residents, anyone wishing to make a comment may do so, but he asked that they limit their comments to five minutes. Shelly Anderson, 3720 Main Street, stated she has lived there for 34 years before the Raikoad expanded behind their homes. She said she remembers when the raikoad gave that property to the City for a buffer area to help separate the homes from the railroad property. It was agreed at the time, according to documents she has, that if the residents could raise $6,000 ($2,000 for each parcel) then it would be designated as park property and used as such. The residents were promised that the property would never be developed as this was considered compensation for being near the railroad. Ms. Anderson said when the $6,000 was given to the City, they spent all $6,000 on the Park Building located on the middle piece. This was not by the residents choice, but was decided by the City Council at the time. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF MAY 7, 2002 PAGE 4 Ms. Anderson was also concerned about the plan to level out the berm on the west side of the property to put in a street access for the development. She said that hill is so unstable, she didn't feel this was a good plan. Ramsdell pointed out, that if the development would ever be approved, this is the type of thing that Engineers would need to address and decide what is safe. Ramsdell responded he understood how the residents in the area must feel. He has mixed feelings as to eliminating parkland versus seeing the City move forward with newer development. He stated that the main section of the park is being kept in tact, and only the inaccessible, undeveloped green space is being considered for the development project. Ms. Anderson stated that it wasn't supposed to be undeveloped park; that the original intent had been to make park improvements to all three sections. Ms. Anderson also stated that the March 26 meeting held to review, discuss and take feed back on the possible development project took everyone in the area by surprise. They were told it was a preliminary meeting. However, the residents who attended the meeting from the area were further upset by the fact they thought Bruce Nedegaard was already approved as the developer who was going to build on the site. They felt if the developer has already been selected, then to call it a preliminary meeting was deceiving. Ms. Anderson questioned the Park Board's recommendation to the Council regarding this issue. She was told the minutes are public information and where she could obtain a copy of them. Commissioner Ericson explained the Planning & Zoning Commission's job at this time is to determine if the idea is consistent with the Comprehensive Plan. It is an acknowledgement only. Any action taken at this time by the Planning & Zoning Commission does not approve or recommend the development going forward. She explained the Comprehensive Plan is an overall land use plan for the city that was reviewed by a Committee for about 1 V2 years before being approved by the City Council, and before being submitted to the Metropolitan Council as is required. There is language in the Comprehensive Plan stating that it would not be detrimental to our Park System if the two unimproved sections of Lomianki Park were eliminated as Parkland. James Gustafson of 3712 Main Street, stated he did not think this was a suitable area for a townhouse development as it is very noisy due to the railroad. He felt it would be difficult and undesirable to live next to this. Jean Boyce of 3825 2 ½ Street, stated that she was a 34 year resident of the area. She said that not everyone in the area knew this was public park property, but if it is, it should be let~ as such. She feels that children in the area need to have places like this to play, and if this were parkland near the council members homes, it would be a different story. Motion by Ericson, second by Yehle, to advise the City Council they find the elimination of the parkland status for the properties at 3701 and 3 741 California Street consistent with the Comprehensive Plan. All ayes. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF MAY 7, 2002 PAGE 5 Motion by Ramsdell, second by Schmitt, to support the future action of the Columbia Heights City Council regarding the potential sale of the properties at 3701 and 3741 California Street as it is consistent with the City Comprehensive Plan. All ayes. MISCELLANEOUS Motion by Yehle, second by Ericson, to adjourn the meeting at 8:15 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, APRIL 18, 2002 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Council Representative: City Representative: Legal Counsel: AT & T Broadband Rep: Dennis Stroik, Dave Mahoney, Bob Buboltz, Dan Swee, and Reuben Ruen Ken Henke and Brad Peterson were excused Bruce Nawrocki Jean Kuehn Stephen Guzzetta Kathi Donnelly-Cohen APPROVAL OF MINUTES Motion by Buboltz, second by Ruen, to approve the minutes from the meeting of February 21, 2002. All ayes. OLD BUSINESS · Channel Check All were fine, except the Educational Access #18 was "jumpy", which may have been the tape that was playing. Later, re-checked Channel 18 and it was fine when that particular tape was not playing. B. Correspondence Log and Complaint Follow Up. Jim Johnson-4135 Arthur St-Complained that Starz free preview that was advertised was not available as promised. However, Kathi stated that it was available to Columbia Heights subscribers and said it had been a problem with his converter box. He will schedule a service call when it's convenient for him.. Resolved Olga Wood-4160 3rd St NE-She was experiencing regular interference daily at 7 a.m. and 5 p.m. and no one else in her building was having this problem. Service techs witnessed interference and showed her it was her TV set. Resolved William Keniv-4355 McLeod St- Requested that the line that had been installed earlier in the winter be buried to allow him to rake and mow. There was still snow of the ground in April and crews scheduled him for cable burying at the end of April. Resolved. E. Other Old Business Rueben question if the digital channels were checked. Kathy explained that the digital package was not provided to City Hall and would not be available without paying for this premium service. General discussion of how could the Commission check the channels if the Digital were not available for review. No conclusion reached NEW BUSINESS A. Receipt of 2001 Annual Report To comply with franchise requirements, the 2001 Annual Report was received and included in the agenda packet. Motion to acknowledge receipt of Complete 2001 Report (minus the page numbers) by Buboltz second, by Swee. All Ayes B. Mandatory Arbitration Provision in AT & T's Customer Service Agreement Enclosed in the agenda packets was a copy of Resolution 2002-30 Being an Order to Cease and Desist regarding a violation of the terms of the Franchise. AT & T Broadband sent a new Customer Service Agreement to subscribers in the City. Attorney Guzzetta explained the "Cease and Desist" order being proposed to the commission for recommendation to the City Council. The new CSA unilaterally attempts to impose a mandatory arbitration provision governed by the Federal Arbitration Act (The "Arbitration Clause"). This clause purports to eliminate certain fights otherwise enjoyed by subscribers, most importantly, the right to damages other than actual damages and the right to bring a class action lawsuit. The new CSA states that acceptance of its terms, including the Arbitration Clause, will be presumed where there is continued use of service and that if a subscriber finds the terms of the new CSA unacceptable, the only recourse is to cancel service. The terms of the CSA were not negotiable and were offered on a "take it or leave it" basis. AT & T is required to comply with all laws affecting the cable system, and they may be assessed a penalty of $50 per day for failing to comply with any Franchise provision. The method of notification as a bill stuffer was also questioned. It seems to insure that no one would be likely to read and therefore, would be unaware of their rights being revoked. It was noted that many other businesses also engage in this questionable practice. Motion by Buboltz, second by Mahoney to recommend the City Council adopt Resolution 2002- 30, being an order to AT& T to cease and desist. All Ayes C. Franchise Fee Ruling for High Speed Intemet Service Notice was received that on March 15, 2002, the FCC issued a regulatory ruling that franchise fees need not be paid on high-speed Internet over cable, as cable modem service is an interstate information service within the scope of its jurisdiction over interstate and foreign communications. The FCC explained, "revenue from cable modem service would not be included in the calculation of gross revenues from which the franchise fee ceiling is determined." Guzzetta stated that this is not the final ruling and since it would be appealed, AT&T should continue to pay the total franchise fees to avoid the problematic issues related to rebilling and collecting fees at a later time. Ruen asked if the reduced fee would effectively reduce the cost to the consumer. Guzzetta indicated that it would. Don_nelly-Cohen indicated it would be problematic for the Company to bill their customers and then have to rebate the monies when the courts upheld the ruling. To comply with this order, AT & T Broadband will no longer bill customers for franchise fees on cable modem service as of April 1, 2002. Customers will be notified and credits will be issued on fees for service after March 15, 2002. D. Status of Merger between AT & T and Comcast Guzzetta reported that they are analyzing the information received and on March 4, 2002 sent a data request for additional information, to which AT & T responded stating it was irrelevant. Additional information has been received but the 120 days allowed for review does not begin until all necessary and requested information is received. E. MACTA Legislative Issues Luncheon Council Liaison Bruce Nawrocki will be attending the MACTA Legislative Luncheon being held May 3, 2002 at the Kelly Inn in St. Paul. F. Other New Business REPORTS Ao Report of Commissioners Educational- Nothing to report Government- Nothing to report Library-Nothing to report Public-Nothing to report B. Report of AT & T Broadband- The reports for February, March and April were enclosed in the agenda packets. Also included were the Community Television Programming Reports · Programs produced · Installation and Service activity report · Current channel line up and charges Kathi reviewed the reports and answered questions. Dan Swee asked about the "Class for area teachers" that was listed and Jean reported that Steve Antus at the cable access studio had given video production instructions to Columbia Heights middle school teachers. Report of the Cable Attorney Guzzetta noted that a recent FCC study indicates that cable TV pricing has increased at 7.5%, outpacing inflation. Do Report of the Special Projects Coordinator The City Hall open house will be Wednesday, May 22na from 4 pm to 7 pm and it would be appreciated if commissioners could spend a short time at a table explaining to other residents what commissions do. It was suggested that nametags be provided for all members of the Commission so that they would be identifiable to others even as they enjoyed the open house. An invitation to the Mayor's prayer breakfast to be held on May 15 was given to the members. Motion by Buboltz,, second by Mahoney, to adjourn the meeting at 7:50 pm. All ayes. Respectfully submitted, Jean Kuehn Secretary Pro-tem