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HomeMy WebLinkAboutMay 28, 2002 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Ottr Website at: www. ci. columbia-heights, mn.us ADMINISTRATION May 24, 2002 Mayor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrocki Robert .4. Williams 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 TUESDAY, May 28, 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 in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Tom Carlson, First Lutheran Church 1. CALL TO ORDER/ROLL CALL 2. 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.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations B) Presentations 1) Immaculate Conception Charitable Gaming Library Donation - Maureen Vachuska C) Introduction of New Employees 1) Bob Streetar, Community Development Director 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 May 13, 2002, regular City Council meeting as presented. 2) Establish Work Session Meeting Dates for Monday, June 3, 2002 and Monday June 17, 2002 beginning at 7:00 p.m. at City Hall, in Conference Room 1 MOTION: Move to establish Work Session meeting dates for Monday, June 3, 2002 at 7:00 p.m. in City Hall Conference Room 1; and Monday June 17, 2002 beginning at 7:00 p.m. at City Hall, in Conference Room 1 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 28, 2002 Page 2 of 4 3) Award bid for 2002 Jamboree Fireworks MOTION: Move to award the bid for the 2002 fireworks display to Melrose Pyrotechnics, Inc., Clear Lake, MN based on their qualified, responsible bid in the amount of $6,000, with $3,000 appropriated from fired 101-45050-4378; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. 4) Award bid for 2002 Street And Parking Lane Striping Proiect MOTION: Move to award the 2002 Street and Parking Lane Striping project to AAA Striping Service Co., of Rogers, Minnesota, based upon their low, qualified, responsible bid in the amount of $4,541.34, with $3,960.08 to be appropriated from Fund 212-43190-4000 and $581.26 to be appropriated from Fund 101-43170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 5) Acceptance of the 2001 Comprehensive Annual Financial Report and the Independent Auditors Report From HLB Tautges Redpath, Ltd. MOTION: Move to accept the 2001 independent auditors report from HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report and Management Reports for the City of Columbia Heights and the EDA. MOTION: Move to direct the City Manager to follow up on the auditor's recommendations and to report back to the City Council regarding the implementation of the auditor's recommendations. 6) Adopt Resolution No. 2002-41, being a Resolution waiving the statutory tort liability limits (insurance coverage from June 1, 2002 to June 1, 2003 to the League of MN Cities Insurance Trust) MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with the League of Minnesota Cities Insurance Trust for commercial and liability insurance coverage. The premium for the first year's coverage from June 1, 2002 to June 1, 2003 is $251,119. MOTION: Move to waive the reading of Resolution No. 2002-41, there being ample copies available to the public. MOTION: Move to adopt Resolution 2002-41 being a Resolution waiving the statutory tort liability limits. 7) Adopt Resolution No. 2002-39, being a resolution of the City Council from the City of Columbia Heights requesting abatement of the hazardous detached structures located at 528 N.E. 47th Avenue MOTION: Move to waive the reading of Resolution No. 2002-39, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-39, requesting abatement of the hazardous detached structures located at 528 N.E. 47th Avenue. 8) Establish Hearing Date for License Revocation of Rental Property 1816 44th Avenue MOTION: Move to Establish a Hearing Date of June 10, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Michael Haase at 1816 44th Avenue NE. 9) Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for May 28, 2002. City Council Agenda May 28, 20O2 Page 3 of 4 m 10) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for May 28, 2002 as presented. 11) Approve Payment of Bills MOTION: Move to approve payment of the bills out of the proper funds, as listed in the attached check register covering Check Number 98068 through 98294 in the amount of $829,313.13. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) First reading of Ordinance No. 1447, being an Ordinance amending Ordinance No. 831, designating certain land use of public properties in blocks 73, 95, and 100, Columbia Heights Annex. MOTION: Move to waive the reading of Ordinance No. 1447, there being ample copies available to the public. MOTION: Move to establish June 10, 2002, at approximately 7:00 pm as the second reading of Ordinance No. 1447, being an ordinance amending Ordinance No. 831; being an ordinance designating certain land use of public properties in blocks 73, 95, 100, Columbia Heights Annex. B) Bid Considerations - none c) Other Business 1) Adopt Resolution No. 2002-40, being a resolution setting a Shut-off/Tm-on fee for water service in the City of Columbia Heights MOTION: Move to waive the reading of Resolution No. 2002-40, there being ample copies available for the public. MOTION: Move to Adopt Resolution No. 2002-40 being a resolution setting a Shut-off/Turn-on fee for water service in the City of Columbia Heights 2) Adopt Resolution No. 2002-38, being a resolution authorizing the Building Official to discontinue water service to vacant or abandoned structures. MOTION: Move to waive the reading of Resolution No. 2002-38, there being ample copies available to the public. MOTION: Move to Adopt Resolution No. 2002-38, being a resolution authorizing the Building Official to discontinue water service to vacant or abandoned structures. 8. ADMINISTRATIVE REPORTS e A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Public Library Board of Trustees for May 7, 2002 2) Meeting of the Park and Recreation Commission of April 24, 2002 3) Meeting of the Charter Commission of April 25, 2002 City Council Agenda May 28, 2002 Page 4 of 4 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the resular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER 12. ADJOURNMENT LLM/pt"-'"'"~inda Lm~agee, Assistan{ t° t~L'~~ OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS REGULAR CITY COUNCIL MEETING MAY 13, 2002 THESE M '"' I N UTr..S HAVE NOT BEEN APPROVED. The following are the minutes of the regular meeting of the City Council 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. Pastor Peter Law, Community Methodist Church, thanked the Mayor and City Council for the Proclamation recognizing the church's 95th anniversary. Pastor Peter Law gave the invocation. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 7:05 p.m. Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams, Councilmember Nawrocki. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Walt Fehst, City Manager, indicated that the appointment of David Holmgren to the Library Board was added to the consent agenda with other Board and Commission appointments. Nawrocki requested to add the City Manager's trip to Sweden and the 2001 Audit Report. Peterson indicated the Manager's trip would be added to his report and the Audit Report would be added to "Other Business ". Peterson stated that Deb and Roger Johnson wished to add Blue Star Service Banner to "Other Business". PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations - none Presentations 1) Values First Community Recognition Awards Barb Warren, Values First Coordinator, thanked the City Council for supporting the Values First program and spoke of the increased awareness of this program in the community. Three awards were to be presented for exemplifying the Core Values of the community. Nancy Kaldor accepted the Organization Award on behalf of the Fridley Rotary Club. Warren referred to the "Every Day Hero" SA Contest held for sixth, seventh and eighth graders. This year there were 500 entries. Next year this project will be implemented district wide. Warren presented the Business Award to Bruce Magnuson, IPC Printing, for his integrity and contributions to the community. Karen Moeller, Director of the Columbia Heights Senior Center accepted the individual award. Warner stated this award is for a person who lives and/or works in the City. The Columbia Heights Senior Citizens nominated Ms. Moeller, and gave an example of each value that she exemplifies. Peterson stated that we are very proud of each recipient. City Council Minutes May 13, 2002 Page 2 of 11 2) Columbia Heights Boosters Jerry Foss, Columbia Heights Boosters, indicated that with the closing of Sharkey's Bar, the Boosters have lost their facility to sell pull-tabs. This will mean a great loss of funds, which were donated back to community organizations, such as the Park and Recreation Department, Fire Department, local schools, and scholarships. Approximately $4 million dollars has been given back to the community. Between $25,000 and $30,000 per year was donated to the Park Department to help reduce program costs for participants. Mr. Foss wanted to let people know that the Boosters are looking for a new site, so they may continue contributing funds and keeping costs lower for everyone. He thanked Councilmember Nawrocki and the Lions Club for allowing the Boosters to hold a weekly meat raffle so scholarships can continue to be offered at the high school. Wyckoff mentioned other local facilities where pull-tabs are currently sold. Foss stated that the Boosters tried to negotiate space at the mall for a pull-tab parlor, but the rent charge made the situation unworkable. Wyckoff suggested a letter of support from the Mayor and Schools. Peterson stated that the Boosters are a fine group, with a temporary set back who will find a way to continue raising funds for the community. He asked for support of the Boosters golf tournament. Peterson thanked the Boosters for all they have done and stated that the City and School Board will do whatever possible to help this organization. 3) Columbia Heights Royalty Dorinda Edlund, Royalty Coordinator, thanked the Mayor, City Council, staff and the community for their support of the ambassadors. She introduced Christine Taylor, a member of the committee. Sally Nguyen, 2001 Ms. Columbia Heights, spoke of her reign. Other royalty present were: Princess Crystal Berg, Jr. Commodore Thomas Vescio, Jr. Queen Alexis Jones, Jr. Vice- Commodore Jake Hall, and Jr. Princess Haley Myers. B) Introduction of New Employees - none C) Recognition - none Nawrocki reminded everyone that the VFW will hold a Memorial Day Service at the Memorial by City Hall on Monday, May 27tn, at 11.'30 a.m. CONSENT AGENDA Fehst went through items on the consent agenda. MOTION by Nawrocki, second by Wyckoff, to approve the Consent Agenda items as follows: 1) Minutes for Approval Motion to approve the minutes of the April 22, 2002, regular City Council meeting as presented. 2) Authorize renewal of Class B Gambling License for Immaculate Conception Church for activities held at the Church Motion 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. City Council Minutes May 13, 2002 Page 3 of 11 3) Authorize Premise Permit Renewal/Application for Immaculate Conception Church at Mady's Bowling Center Motion 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 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 Commi.qsion and Library. Board Motion to appoint Jocelyn Hall and Mohamed Hassan Osman to the City of Columbia Heights Human Services Commission and David Holmgren to the Library Board, with terms to expire in April 2005. Nawrocki questioned if Mr. Holmgren would be able to attend the meetings. Patty Muscovitz, Deputy City Clerk, stated he indicated he would be available for the meetings and would be honored to be appointed. 6) Authorize permits for 2002 Jamboree Motion to authorize staff to close Jefferson Street for the time period from Monday afternoon, June 24th 2002 through Sunday, June 30th, 2002. Motion 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 thc Prestemon Park backstop and players bench fencing, Motion to waive the reading of Resolution No. 2002-36, there being ample copies available to the public. Motion 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 Ftmd 412-50204-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. RESOLUTION NO. 2002-36 RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR ~ 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: City Council Minutes May 13, 2002 Page 4 of 11 Bidder Century Fence Company Security Fence and Construction Co. Crown Fence Town and Country Fence Base Bid $ 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. City Project #0204 shall be funded from Capital Improvement Funds in 412-50204-5130. Dated this 13th day of May 2002. 8) Adopt Resolution No. 2002-34, being a Resolution authorizing application for an opportunity granl through the Livable Communities Demonstration program Motion to waive the reading of Resolution No. 2002-34, there being ample copies available to the public. Motion to Adopt Resolution No. 2002-34, a Resolution authorizing application for an Opportunity Grant through the Livable Communities Demonstration Program. 9) Fehst stated this would be a planning grant to allow the identification of needs for site specific analysis, and a strategy plan. This would allow staff to work with Frank Dunbar on a plan for a transit oriented concept. It is a matching grant, with staff time accounting for the $25,000 match. Wyckoff asked if the owners of Mady's were aware of this. Fehst stated that staff has met with them and received a positive response. He indicated that staff plans to meet with Dunbar to determine if it would be possible to redevelop this site like the sites he has done in Shakopee and Chaska. Nawrocki stated he was not aware of an agreement with Dunbar, and that we should contact others in this business to see what they can do for us. Fehst indicated the EDA 's direction was to meet with Dunbar to explore possibilities; but we do not have a signed contract with him. Fehst stated that Dunbar is not a developer, but a project manager. Fehst will attempt to look for others in this field. Peterson stated that Council was impressed with D ' ' unbar s projects and that he is paid a percentage of the totaI project. Staff was given direction to go forward and pursue this for the city. Approve Business License Application.q 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. City Council Minutes May 13, 2002 Page 5 of 11 Peterson listed the license requests. Upon vote of the Consent Agenda: All ayes. Motion carried. PUBLIC HEARINGS A) Public Heating called for Revocation/Suspension of Rental Housing License at 4524 Monroe Street NE Mayor Peterson closed the public hearing for 4524 Monroe Street NE 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 Heating called for Revocation/Suspension of Rental Housing License at 3849 Central Avenm, Mayor Peterson closed the public heating for 3849 Central Avenue NE in that the property complies with the Residential Maintenance Code. c) Public Hearing called for Revocation/Suspension of Rental Housing License at 1224-1226 Circh, Terrace Blvd. NE Mayor Peterson closed the public hearing for 1224-1226 Circle Terrace Blvd. in that the property complies with the Residential Maintenance Code. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt Res. No. 2002-37, being a resolution for Advance Encumbrance of MN State Aid Fund ~ fo~ Central Ave. Street, Utility and Streetscaping Improvements Project 9912, 9912-A and 99-20 Kevin Hansen, Public Works Director, stated this request is to draw an advance on State Aid funds of $750, 000, from which we would draw interest to pay the extra $175, O00 for Central Avenue, and dedicate $240,000 in funds for the local 2003 irnprovernent program. Motion by Williams, second by Szurek, to waive the reading of Resolution No. 2002-37, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, 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. Upon vote: all ayes Motion carried. RESOLUTION NO. 2002-37 BEING A RESOLUTION FOR ADVANCE ENCUMBERANCE OF MINNESOTA STATE AID FUNDS WltEREAS, 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 43ra Avenues, consisting of Bituminous Surfacing, Concrete Median Concrete Curb and Gutter, Concrete and Sidewalks, Storm Sewer, Sanitary Sewer, Watermain, Landscaping and Traffic Signals, Wl~REAS, S.A.P. No. 113-010-010, located on T.H. 47 (University Avenue), 37th to 49th Avenue, consisting of Backlit Street Lighting, WI-IEREAS, S.A.P. 113-103-05 located on Reservoir Blvd., City Council Minutes May 13, 2002 Page 6 of 11 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 thc Conslruction Account of Municipal State Aid Street fund 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. Bid Considerations 1) Adopt Resolution No. 2002-33, being a resolution accepting bids and awarding contract for Central Avenue Street, Utility and Streetscaping improvements pr0iect 9912, 9912-A and 99-20. Motion by Szurck, second by Williams, to waive the reading of Resolution No. 2002-33, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, 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, contingent upon MdDOT's execution of the cooperative agreement. Hansen stated that MnDOT requires signatures by all parties prior to awarding the contract, which are expected by this Wednesday. Bids were sent to 42parties, and two bids were received, as this is a very complexproject under heavy traffic conditions. The low bid was Thomas and Sons, who specialize in complex projects of street work, utility work and landscaping. Hansen described the project, and stated this project was negotiated with MnDOT over two and one-half years. He stated that the bid was a little over the estimate, but can be accomplished by eliminating some small items. Nawrocki questioned irregularities in the bids. Hansen stated the errors were from the second bidder and would have increased their bid even more. Nawrocki indicated he would vote for this project with reluctance, as he wants cooperation from businesses to become more presentable, and have better signage. He disagreed with narrowing down Reservoir Boulevard and wouM like to see seating put back on Central Avenue for transit riders. Hansen stated that the plans call for benches where they currently exist, but the City Council may determine other options. He stated that Council has authorized architectural guidelines for Central Avenue, including signage. Nawrocki stated that historically there was a bench at 3 7th and Central for transit riders, which should be replaced. Wyckoff questioned the change at Reservoir Boulevard. Hansen indicated it would be reduced to two lanes for the first l OO feet and that traffic signal loops would be changed to actual usage, which is safer than timed lights. Wyckoff questioned the number of benches and transit stops along the avenue? Hansen stated there would be sixteen benches, bolted down. Hansen described transit stops City Council Minutes May 13, 2002 Page 7 of 11 during and after construction. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, 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. Nawrocki questioned if the poles would have a place for flags, as well as banners, as the VFW put up flags in past years. Hansen stated he is waiting for a response from Xcel Energy, as they own the poles. Upon vote: All ayes. Motion carried. 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 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 Thomas and Sons Construction Inc. Midwest Asphalt Corporation Base Bid $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: 1. 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. 2. 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. 3. 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. 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 by Williams, second by Szurek, to waive the reading of Resolution No. 2002-35, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, 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. Hansen indicated that street improvement bids for Zone 6A came in at a lower cost than last year. City Council Minutes May 13, 2002 Page 8 of 11 He explained the project and stated that street age in this area required the recommendation of full reconstruction. Upon vote: All ayes. Motion carried. Peterson commended Hansen and staff for their work on this project. He asked citizens and businesses along Central Avenue to bear with the construction, as it will result in something we can all be proud of. 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 Park Construction Company $1,092,816.35 $3,640. O0 Hardrives Inc. $1,180,527.54 $3,784.60 Midwest Asphalt $1,398,987.70 $4,829.00 Palda & Sons, Inc. $1,510,300.35 $4,940.00 Corrected Bid* $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, MN: 1. 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 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 0202 shall be funded with State Aid Maintenance Funds, General Funds (Infi'astructure and Assessments), Sanitary Sewer Construction, Water Construction, DNR Funds and Storm Water Utility Construction Funds. Dated this 13th day of May 2002. Other Business Deb Johnson, 4638 Pierce Street, described the Blue Star Service Banner, which was a common site during World War land II in home windows to denote a member of the family was in the military. She stated that the Anoka County Veterans Service Office is again making these flags available free at the Government Service Center or by calling 763-323-5290. Nawrocki suggested the VFW obtain a supply so residents could pick them up in Columbia Heights. Nawrocki referred to the clean audit report received at the last City Council Work Session. He commended the Finance Department and Mr. Elrite. Nawrocki requested a report on how minor recommendations would be corrected. Fehst also acknowledged Roxane Smith for her work on the audit. Peterson invited the students present to come forward and introduce themselves. City Council Minutes May 13, 2002 Page 9 of 11 ADMINISTRATIVE REPORTS Report of the City Manager Fehst listed scheduled items for the May 20, 2002 Work Session: Water service shut off for non payment Fireworks bid for Jamboree · 2002 Housing Maintenance Inspection Program · Renewal of City Liability and Property Insurance · Removal of home at 528 47th Avenue with abatement fund · Order termination of water services to vacant or abandoned structures · Lomianki area development Nawrocki referred to a newspaper article on closed meetings and urged that the City closely follow the Open Meeting Law. Nawrocki corrected an article in the Northeaster, stating that Burlington Northern gave the Lomianki land to the City for the purpose ora buffer between Main Street and the railroad yard. He stated his surprise that the Park and Recreation Commission recommended removing the park designation from this area. Fehst referred to the Comprehensive Plan not including this as parkland. Peterson stated that this area has not been used as a park for 30years, and has only been chained off and mowed. He indicated there have been no major improvements to our park~ since 1968 and funds received from the development of this area could be used to fund needed improvements. Fehst referred to his acceptance in the MN Cities Management Association educational exchange to Sweden from May 23 to June 2, 2002. Fehst stated he will stay with a host family and reviewed the itinerary:five cities to attend council meetings, city facilities, school systems, a new municipal library, a new industrial area, public transit, senior apartment facilities, benchmarking (output to determine productivity), and GIS systems. He asked for payment of the airfare of $700. Nawrocki questioned this being taken on city time versus vacation time. Fehst stated this program was relevant to city work and that his out of pocket expenses would be $400 to $500. Wyckoff questioned what was happening where the TV Shop was. Fehst stated that it would be leveled and seeded Nawrocki felt it inappropriate that Council was not informed of Fehst's trip sooner. He questioned the relevance to what happens in our community, and stated the manager could better use his time working on city business. Williams supported Fehst taking this educational trip. He indicated that with good employees, the City should run better when the manager is gone. Motion by Williams to approve the $700 expenditure for the City Manager's exchange to Sweden. Szurek agreed with supporting the City Manager's trip, stating that division heads and staff also go to conferences and that we can learn a lot from another country. Motion seconded by Szurek. Peterson stated his confidence that business will be handled smoothly in the Manager's absence and that he will learn from this exchange and from the other managers he will be traveling with. City Council Minutes May 13, 2002 Page 10ofll Motion to amend by Nawrocki, that the City Manager's trip be on vacation time. Motion died for lack of a second. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4 ayes -1 nay. Motion carried. Report of the City Attorney Wyckoff referred to correspondence regarding our newsstand ordinance and the effective date of May 1st. Jim Hoeft, City Attorney, stated that he responded by letter requesting this attorney provide more detail of his concerns, which was provided. Hoeft provided him with a copy of our ordinance and is drafting a letter to him that will be copied to Councilmembers. If it is determined through research that the ordinance needs correction, it will be brought back to the City Council. Hoefi stated that staff would be allowed to proceed with enforcement as necessary. GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions Meeting of the Park and Recreation Commission of March 27, 2002 · Meeting of the Public Library Board of Trustees of April 2, 2002. · Meeting oft_he Planning and Zoning Commission of May 7, 2002 · Meeting of the Telecommunications Commission of April 18, 2002 CITIZENS FORUM Harold Netkow, 1160 49~h Avenue, commended staff for their help last week when he discovered he had a problem with the foundation of his house. The Building Official, Mel Collova, was prompt, courteous, and helpful; and he stopped back to check if everything turned out all right. Netkow, in reference to the last appointment to the Civil Service Commission, clarified how testing is done and that final hiring is up to the appointing authorities. The goal is to be as objective as possible. The Job related questions have a numerical rating, and everyone is asked the same questions; no inappropriate questions can be asked. Nawrocki asked if Mr. Netkow felt the commission should be eliminated. Netkow indicated that he knows the City has considered abolishing this commission, but felt it has value and is very beneficial. Peterson thanked Netkow for his contributions to this commission. Dee Logan, 39th Avenue, suggested Councilmembers have a picnic to learn to get along. She asked that they question the people they represent more often. Diane Delaria, 4129 Madison, stated that she wrote an editorial to the Focus Newspaper last week, regarding Council discussion on the Police and Fire Civil Service appointment. She asked the Council to be more cooperative. Peterson stated that Council can heed this advice. COUNCIL CORNER Nawrocki commented on how the votes were counted at the last meeting for the Police and Fire Civil Service appointment, where the City Attorney stated that abstention votes count as majority votes, and that the League of MN Cities agreed unless local bylaws stated differently. Nawrocki quoted Section 18 of the City Charter, which indicates the need for a majority of three actual voting members. He indicated his acceptance of the vote of the previous meeting, but asked that correct procedure be followed in the future. Peterson questioned if there were only three members present, if all would have to vote affirmative for a motion to pass. Hoefi stated that by State Statue, the Charter could not be more restrictive than State law. City Council Minutes May 13, 2002 Page 11 ofll He reaffirmed that in this case, abstentions still counted as a majority vote. Nawrocki stated this should be brought to the Charter Commission for discussion. Hoeft stated he would put together a written opinion for Council on this. Nawrocki stated, "Actions speak louder than words, practice what you preach ". Wyckoff thanked residents for supporting her actions through e-mail response. Wyckoff indicated she attended the Cast Theater and it was an incredible experience. She referred to the very impressive remodeling done to the building. Szurek encouraged everyone to attend the School Board meeting on Tuesday, May 14th at the Family Center, to let the School Board know their opinions on budget cuts and possible school closings. Williams quoted from Bits and Pieces, "It is better to give than lend and the cost is the same". He asked residents to continue to pray for the peace and prosperity of our City, and thanked those who called to support him. Williams invite everyone to attend the Mayor's Prayer Breakfast on Wednesday, May 15tn at 7:00 a.m. at Murzyn Hall. Nawrocki commended the School Board for the hard decisions they have to make. Williams commented on the City Financial Audit, and thanked residents that wrote good checks to our liquor store, not contributing to the $10,000 received in bad checks last year. Peterson spoke on resident comments about Councilmembers not getting along, stating that it looks worse than it is. He stated that all five members have different opinions and were elected to give their thoughts and opinions. Peterson commented that he and Mr. Nawrocki have a lot of the same values, and work side by side in the community for many functions and organizations. There may be the perception of anger for a moment, but Councilmembers know they will soon sit down at another council meeting or work session. Peterson stated, "Don't take ourselves to seriously, enjoy life, and do a random act of kindness". ADJOURNMENT Mayor Peterson adjourned the meeting at 10:15 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-2 CITY MANAGER'S APPROVAL ~ ITEM: Establish Work Session Meeting BY: Walt Fehst BYt ~.,~'/~ ~ Dates for June 2002 DATE: May 22, 2002 DA~} ~_ ~ NO: It is recommended that Work Session meetings be scheduled for Monday, June 3, 2002, at 7:00 p.m. in City Hall Conference Room 1; and Monday, June 17, 2002 beginning at 7:00 p.m., in City Hall Conference Room 1. RECOMMENDED MOTION: MOTION: Move to establish Work Session meeting dates for Monday, June 3, 2002, at 7:00 p.m. in City Hall Conference Room 1; and Monday, June 17, 2002 beginning at 7:00 p.m., in City Hall Conference Room 1. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: 5 ~ .4, ~ Recreation.~,\ APPROVAL ITEM: REQUEST AUTHORIZATION TO BY: Keith Windschitl~/~ BY: , AWARD BD FOR 2002 JAMBOREE DATE: May 24, 2002 FIREWORKS NO: BACKGROUND: Staff received authorization to seek bids for the fireworks display scheduled for Friday, June 28, 2002 in conjunction with the Lion's Club Jamboree activities. Funds in the amount of $3,000 have been budgeted for the fireworks display under Account 101-45050-4378. The cost of the fireworks display is $6,000. With $3,000 coming from Account 101-45050-4378, the remainder of the cost of the fireworks display will be sought from donations. Two proposals were received for the fireworks display, one from RES Specialty Pyrotechnics and the other from Melrose Pyrotechnics. After reviewing the proposals, the Park & Recreation Commission is recommending that we award the bid to Melrose Pyrotechnics due the fact that the past several years they have put on an outstanding show. RECOMMENDED MOTION: Move to award the bid for the 2002 fireworks display to Melrose Pyrotechnics, Inc., Clear Lake, MN based on their qualified, responsible bid in the amount of $6,000, with $3,000 appropriated fi.om fund 101-45050-4378; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: MELROSE NORTH PYROTECHNICS. InC. 9405 COUNTY RD 8 CL~.AR LAKE:. MN 553i9 F 3~0.743,~499 ~00.775.7~76 May 1 O, 2002 City of Columbia Heights Recreation Department Attn: Mr. Keith Windschitl 530 Mill Street NE Columbia Heights, MN 55421-3878 Dear Keith, We hope 2002 has been good to you and your city! Enclosed is a copy of the program I have designed for you. The display contains more than 2800 shots. As specified per your letter dated April 25, 2002, the display will last at least 15 minutes. As always we will follow all State and Federal guidelines pertaining to the industry. We provide all necessary equipment and labor. As usual, the insurance certificate will list the City of Columbia Heights and a copy will be given to you. We are familiar with your site and have designed the display accordingly. Enclosed is a contract for your review. When we receive the signed contract in the office, your insurance certificate will be issued and the pea mit will be obtained. I have enclosed a copy of the conlxact for your records and a self addressed, stamped envelope for your convenience. Your letter to us states that you have had a fantastic show the past several years and would like to continue that Ixadition. Well, I am happy to say that I programmed those displays for you and will again be designing your program this year. Please visit our web site at www.melrosepyro.~om If you have any questions, feel flee to call us at 800-771-7976. We look forward to hearing fxom you. Sincerely, MELROSE PYROTECHNICS, INC. Mark C. Hanson, Event Producer MH/bc enc ([__) City of Columbia Heights, Minnesota Type of Proposal: Electronically Fired Display Prepared For: City of Columbia Heights, Minnesota June 28, 2002 Program Length: Type of Pyrotechnic Effects: 15 - 18 Minutes Low level through 3" Aerial Shells This Proposal Includes: Five Million Dollars Public Liability Insurance Licensed Professional Pyrotechnicians Worker's Compensation Insurance All Fireworks Material Necessary to the Production All Firing Equipment Necessary to the Production Proposal Cost: $6,000.00 RES Specialty Pyrotechnics Monday, May 13, 2002 Keith Windschitl Columbia Heights 530 Mill Street N.E. Columbia Heights, MN 55421 Dear Keith: Thank you for the opportunity to submit our Fireworks proposal to the City of Columbia Heights. The display will occur on Friday, June 28, at Huset Park in Columbia Heights. Your Fireworks production will choreographed, and last 16 to 20 minutes. We comply with all State and Federal guidelines. Ben Erickson advised me that he would be the lead operator. Our proposal indicates shell effect, size, and quanity of shells. The shells listed in our proposal will be used to design: Opening Barrage, Main Show Body, Patriotic Tribute, and Grand Finale. Our proposal lists actual shells and effects used in the choreography. Our customer service and communication principles are based on a personal relationship. We listen to your needs and expectations. We then implement them into your program, creating a unique one of a kind show. Our displays are turnkey operations and coordinated with your event. The entire show is electronically fired for added safety. Our proposal includes all materials, equipment, State certified display operators, obtaining all necessary permits, and $6,000,000.00 liability insurance. The total cost will be $6,000.00. I have included a contract, prepared for your approval. If you have any further questions, please feel free to call me. I am also available to speak at one of your meetings, in order to answer any questions you may have. Sincerely, Ervin J. Haman Director Business Development 21595 286th Street. Belle Pleine, MN 56011 · Phone: 952.873.3113 · Fax: 952,873.2859 RES Specialty Pyrotechnics DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 13th day of May, 2002 between RES Specialty Pyrotechnics, Inc. hearafter referred to as the SELLER and The City of Columbia Heights and Columbia Heights Recreation Department hearafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Date(s) Time Duration Location Event Sponsor Outdoor Fireworks Diaplay June 28, 2002 10:00 p.m. approx 16 to 20 minutes Huset Park Columbia Heights Recreation Department OBLIGATIONS OF SELLER: Seller shall provide all materials, equipment and personnel necessary to perform the above- mentioned display. Seller is required and will comply with NFPA 1123, Code for the Outdoor Display of Fireworks, 2000 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2001 edition. Seller shall provide show liability insurance in the amount of $6,000,000.00 to cover the fireworks display and cleanup. Seller shall include the buyer, as co-insured on certificate of insurance. OBLIGATIONS OF BUYER Buyer shall provide a suitable location for the firing of the fireworks display. Buyer shall provide and cover all costs for security, safety and cleanup at the display site. Buyer shall provide and cover costs for all necessary permits and fire watch required for the display. TERMS AND CONDITIONS The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. This agreement shall run no longer than one (1) calendar year. However, if before the date of the scheduled performance, the Buyer has not performed fully it's obligations under the terms of this agreement or that the financial credit of the Buyer has been impaired, the Seller may cancel this agreement at any time. 21595 286th Street · Belie Plaine, MN 56011 · Phone: 952.873.3113 · Fax: 952.873.2859 I In the event the Buyer does not perform fully all of it's obligations herein, the Seller shall have the option to perform or not to perform or refuse to perform hereunder, and in either event the Buyer shall be liable to the Seller for any damages, compensation or costs ~ncurred including but not limited to attorney and court fees in addition to the compensation herein. The Seller shall retain the right to stop or interrupt the display at any time if, in the opinion of the Seller, conditions have become unsafe. In event of rain, fireworks be rescheduled a mutually agreeable date. PAYMENT Contracted amount :$6,000.00inclusive of sales tax if applicable. Balance due and payable in full on 7/30/02. Payments are considered delinquent after thirty (30) days. All payments shall be paid by Buyer to and in the name of RES Specialty Pyrotechnics, Inc. in the form of a company check, certified bank check, money order or cash. CANCELLATION In the event the Buyer cancels this agreement any time during the contract period, the Seller shall be entitled to and receive 25% of the contracted fee for the remainder of the contract period plus compensation for any pre and post production costs incurred. THIS AGREEMENT is the whole agreement of the parties' aboved named. No representation, inducement or agreement has been given by one to the other to enter into this agreement other than expressly set forth herein. This agreement shall not be altered, modified or amended except in writing by a duly authorized officer of each party. IN WITNESS WEREOF, the parties hereunto set their names on the day and year listed below CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS BUYER Signature Title SELLER: RES Specialty Pyrotechnics Inc. Signature ~ c/'~ /~~""~' Title Z).'~&~r /~ ~ ~;~#r ~)~/~ie~ Date CITY COUNCIL LETTER Meeting of.' 5/28/02 AGENDA SECTION: CONSENT AGENDA -D~-/4, ^ - I.,[ ORIGINATING DEPARTMENT: CITY MANAGER NO. PUBLIC WORKS ITEM: AWARD OF 2002 STREET AND PARKING BY: K. Hansen ~O~~ B~~/~-~ NO. LANE STRIPING PROJECT DATE: 5/22/02~'"~" DATE: Background: On March 11, 2002, Council authorized staffto seek proposals for the 2002 Street and Parking Lane Striping project. Plans and specifications were sent to three companies which have bid on the project in the past. Two proposals were received by the deadline on May 21, 2002 at 3:30 p.m. The bids received were as follows: Company AAA Striping Service Co. United Rentals Highway Technologies, Inc. Amount $4,541.34 $5,212.95 Funds are budgeted for this project in State Aid Maintenance ($6,600.00) and the General Fund - Traffic Signs and Signals ($825.00). The low bid was under the amount budgeted for the 2002 budget. RECOMMENDED MOTION: Move to award the 2002 Street and Parking Lane Striping project to AAA Striping Service Co., of Rogers, Minnesota, based upon their low, qualified, responsible bid in the amount of $4,541.34, with $3,960.08 to be appropriated from Fund 212- 431904000 and $581.26 to be appropriated from Fund 10143170-4000; and, furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. COUNCIL ACTION CITY COUNCIL LETTER Meeting off May 28, 2002 AGENDA SECTION: CONSENT -~ ORIGINATING DEPT: CITY MANAGER REPORT AND THE INDEPENDENT DATE:05~14~02 AUDITORS REPORT FROM HLB TAUTGES REDPATH, LTD. NO: At the work session of May 6, 2002 Dave Mol fi.om the auditing firm of HLB Tautges Redpath, Ltd. presented to the City Council the 2001 Comprehensive Annual Financial Report along with their independent auditors report including the report on compliance with the Minnesota Legal Compliance Audit Guide for Local Governments. In addition to this, he presented the Management Report for the City of Columbia Heights and the EDA. Dave Mol did an excellent job of summarizing these reports and their findings. Some council members had questions in relationship to the various reports and in general, it seemed there was a consensus for staff to follow-up on the auditor's recommendations and report back to the council as these recommendations are implemented or resolved. Based on this, it is staff's recommendation that the council formally accept the annual audit report. RECOMMENDED MOTION: Move to accept the 2001 independent auditors report fi.om HLB Tautges Redpath, Ltd. including the Comprehensive Annual Financial Report and Management Reports for the City of Columbia Heights and the EDA. RECOMMENDED MOTION: Move to direct the City Manager to follow up on the auditor's recommendations and to report back to the City Council regarding the implementation of the auditor's recommendations. WE:sms 0205146COUNCIL COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: Ma), 28, 2002 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER No: 3-' A' FINANCE AP?ROVAL ITEM: INSURANCE COVERAGE FROM BY: WILLIAM ELRITE BY: 06/01/02 TO 06/01/2003 NO: DATE: May 13, 2002 The City's commercial insurance policy was up for renewal on May 9, 2002 and the liquor liability insurance on May 23, 2002. Both policies have been extended until June 1, 2002 at the current rate with St. Paul Companies. Attached is a worksheet showing our premium costs for 2001 along with a cost comparison between St. Paul Companies and The League of Minnesota Cities Insurance Trust (LMCIT) for 2002. Currently these are only two entities writing municipal insurance contracts in this area. This year the cost of insurance through the LMCIT of $251,119 is well below the cost of St. Paul Companies at $285,618 for both commercial and liquor liability insurance. In considering the switch from St. Paul Companies to the LMCIT them are two important factors the council should consider. First, we are entering into an insurance trust whereby we pay an estimated annual premium. As this is not an insurance company but a trust, if catastrophic events occurred whereby the trust needed to pay out large amounts of money to cover claims, we could receive an additional assessment to cover any shortfall. This is not the case with a true insurance company. With an insurance company you pay a premium that covers that period of time with no liability for further assessments regardless of payouts. The second item is that for several years the City has saved hundreds of thousands of dollars in insurance premiums with St. Paul Companies over the LMCIT rates. This is the first year that the LMCIT has had a premium quote that was lower than private insurance. It appears that the LMCIT has basically held down their premiums this year to become mom cost competitive with St. Paul Companies. If the cities that are with St. Paul Companies utihze this lower premium this year to switch to the LMCIT, it is foreseeable that St. Paul Companies may cease writing municipal property and liabihty insurance. This means that in the future the LMCIT would have a monopoly on this coverage and we would not have the alternative of selecting private insurance coverage. This is currently the situation with Workers' Compensation insurance. For years we carried Workers' Compensation insurance with private insurance companies. However, this is no longer an option as the LMCIT has a monopoly on municipal Workers' Compensation insurance and the only option now available is to carry our Workers' Compensation insurance with them. In the past, the City of Columbia Heights has recognized substantial savings through the competition of private insurance companies. Dropping private coverage to take advantage of the LMCIT's lower premium this year could eliminate that competition in the future. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into an agreement with The League of Minnesota Cities Insurance Trust for commercial and liability insurance coverage. The premium for the first year's coverage from June 1, 2002 to June 1, 2003 is $251,119. RECOMMENDED MOTION: Move to waive the reading of Resolution 2002-41 there being ample copies available to the pubhc. RECOMMENDED MOTION: Move to adopt Resolution 2002-41 being a resolution waiving the statutory tort liability limits. WE:sms 0205132COUNCIL Attachments COUNCIL ACTION: RESOLUTION NO. 2002-41 BEING A RESOLUTION WAIVING THE STATUTORY TORT LIABILITY LIMITS WHEREAS, the City of Columbia Heights is a Minnesota political subdivision desiring to self- insure its property and liability risks through participation in a joint powers arrangement known as the League of Minnesota Cities Insurance Trust (LMCIT); and WHEREAS, Minnesota Statute Section 471.981 permits a city to extend the coverage of its self insurance to afford protection in excess of any limitations on liability established by law; and WHEREAS, Minnesota Statute Section 471.981 provides that unless expressly provided in the ordinance or resolution extending the coverage, the statutory limitations on liability shall not be deemed to have been waived. NOW, THEREFORE, BE IT RESOLVED that the Columbia Heights City Council does hereby accept liability coverage limits of $1,000,000 from the League of Minnesota Cities Insurance Trust and the City waives the monetary limits of tort liability established by Minnesota Statute Section 466.04, to the extent of the limits of the liability coverage obtained from LMCIT. Passed this day of May ,2002. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk RES2002-41 COUNCIL 2001 ST PAUL 2002 ST PAUL 2002 LMCIT COVERAGES COMPANIES COMPANIES Property $44,762 $56,270 $39,374 Boiler & Machinery Included Included 5,337 Inland Marine 11,320 14,150 5,742 Employee Dishonesty 1,393 Included 1,424 General Liability 71,873 76,763 148,265 Law Enforcement Liability 21,388 26,735 Included Public Entity Liability 16,006 21,042 Included Medical Professional 4,169 905 Included Commercial Auto 48,050 No collision 55,762 $1,000 deductible 35,825 Includes collision Liquor Liability 27,193 33,991 12,471 Petrofund No Coverage Included No Coverage Included 519 Open Meeting Law Included Included 2,162 Difference of $ 34,499 CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ..~ '/~ - "-1 Community Development APPROVAL ITEM: Resolution 2002-39 BY: Mel Collova BY: Declarati°n °f Hazard°us er°perty NO: DATE: May 13, 2002 Issue Statement: Declaration of hazardous property at 528 N.E. 47th Avenue Background: The interior and exterior of the dwelling and detached garage are in deteriorated condition rendering the structures hazardous. The City Council, by Resolution 97-34 created a fund to finance such projects with the costs being assessed to the property in the form of a special assessment. All parties having an interest in the property have been notified by the Building Official. The property owner has waived his rights and has given permission to the City to abate the hazard by removal of the structures and to prepare the site for a new single-family dwelling (see attached waiver). This project cost is estimated to not exceed $10,000. The costs would be assessed to the property over a five-year period at the interest rate specified in the Hazardous Building Statutes, eight percent (8). Due to the anticipated cost, approximately $10,000, oft he project, the property owner is willing to assist by soliciting bids for the razing of the structures. Staff is requesting direction of the City Council to proceed with the project. Staff will review a minimum of three solicited bids for the razing of the structures and award the project to the lowest bidder. By direction of the City council, the Mayor and City Manager will enter into a contract for the razing of the structures and the preparation of the site for future development, a new single-family dwelling. Recommended Motion: Move to waive the reading of resolution 2002-39, there being ample copies available to the public. Recommended Motion: Move to Adopt Resolution 2002-39, being a resolution requesting abatement of the hazardous detached structures located at 528 N.E. 47th Avenue. COUNCIL ACTION: RESOLUTION NO. 2002-39 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING ABATEMENT OF THE HAZARDOUS DETACHED STRUCTURES LOCATED AT 528 N.E. 47th AVENUE. WHEREAS, there are hazardous detached buildings at 528 N.E. 47th Avenue which have been vacant, unsafe longer than 90 days, and WFfEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and Wlt'EREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Findings of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 528 N.E. 47th Avenue are substandard and seriously deteriorated, lack minimum standards for habitable space per 1998 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be abated by razing of the structure in preparation for a new single family dwelling. Conclusions of Council That all relevant parties have been duly notified of this action. That the structures on the property at 528 N.E. 47th Avenue are hazardous and in violation of many local, state and national code requirements. That the structures cannot be rehabilitated to bring them into compliance with local, state and national code requirements. That the property owner has provided the City with a waiver. Order of Council The structures, dwelling and detached garage, located at 528 N.E. 47~ Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to abate the building (30) days of the date of service of this order. The site must then be restored to a safe condition. o The City Council further orders that personal property or fixtures that may unreasonably interfere abatement of the structure shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. ° The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. o The Mayor, the Clerk, City Attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Passed this Offered by: Seconded by: Roll Call: day of May 2002 Attest: Mayor Gary L. Peterson Patty Muscovitz, Deputy City clerk AUTHORIZATION TO ABATE HAZARDOUS BUILDINGS I, the undersigned Gene R. Gelhave, presently residing at 4703 N.E. 6t~ Street, Columbia Heights, Anoka County, Minnesota, state that I am the fee owner of record of the premises commonly known as 528 47th Avenue N.E., and legally described as Lot 1 except east 144 feet, Block 1, Columbia Heights Acres, Anoka County Minnesota, according to the map or plat thereof on file or of record in the office of the County Recorder (Register of Deeds) of the County of Anoka, State of Minnesota; there now exists on the premises a certain dwelling and garage, which structures I agree and admit are hazardous structures as defined by Minnesota Statues, Section 463.15 to 463.261 in that they constitute a hazard to public safety and health because of age, physical damage, inadequate maintenance and dilapidation, and which structures I agree and admit must be abated by removal of the hazardous structures. I further state that no other person, firm or corporation has any right in, claim to, or lien against these premises. I further state that we do not have any resources at present to remove the structures above described and, therefore, I do hereby authorized the City of Columbia Heights pursuant to Minnesota Statutes, Section 463.151, to abate such structures and to remove the materials. therefrom the premises, and to charge the costs of such as a special charge against the real estate on which the structures are situated, as provided by Minnesota Statutes, 463.151, and I waive any right to a hearing on such assessment as well as any other objection to any failure to comply with the Statutes setting out the procedure for such assessment. I further state that there are items of personal property or fixtures on such premises in the ' structures, which I determine to be of any value, and I hereby authorize the City of Columbia Heights to dispose of any hazardous personal property or fixtures thereon or within the structures. The City of Columbia Heights shall have sole determination as to how the work is to be done and as to whether it is done by bid or contract or otherwise, and I release, relinquish and waive any right to any accounting of the cost or expenses involved in the razing and removal. I do further release and discharge the City of Columbia Heights from any action or cause of action, claims and demands for damages by myself or by my heirs or assigns as the result of the abasement of the structures. It is understood that the City if Columbia Heights shall be under no obligation because of this authorization to remove contents of the structure above described and that the Removal, under the terms of this authorization is subject to the approval of the City Council of the City of Columbia Heights. Page 2 Authorization ~/~ / 528 47~ Ave. N.E. /)0yt,,C /~,,/ In the presence of: State of Minnesota County of Anoka On this ICi day of "')'Y[c~ 20 0 7_., before me appeared ('"'m-~fkO,.. ~- GE{ hca, ~/ C to be known to be the person described in and who executed the foregoing instrument, and acknowledge that she executed the same as their own free act and deed. Notary Public Stamp/Seal/Signature Comment: The City Council may remove or raze and hazardous structure to remove or correct any hazardous condition if it obtains consent in writing of all owners of record, occupying tenants, and all leinholders of record. The Council may provide for assessing the cost under local improvement code in not to exceed five annual installments, with interest at 8 (eight) percent a year (M>S. 463.151). CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA ORIGINATING CITY MANAGER SECTION: DEPARTMENT: APPROVAL NO: g- A- ~ F~e st , lish , h li, ' hom ,son License Revocation, Rental Properties DATE: May 22, 2002 DATE: NO: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Michael Haase ............................................................... 1816 44th Avenue NE RECOMMENDED MOTION: Move to Establish a Hearing Date of June 10, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Michael I-Iaase at 1816 44t~ Avenue NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ,D~ -/~- C~ Fire : '~/~~ fl0~E~: ]f~~ ITEM: Approval of Rental Housing License BY: Charlie Thompson Applications NO: DATE: May 22, 2002 Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. Recommended Motion: Move to approve the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: 30031 12065 12040 12039 12011 12019 20036 30139 30099 20180 12126 12048 20044 30146 30072 30138 30156 30029 20167 30122 12012 20022 12122 711 4535 3747 3824 607 4918 4317 5025 1045 5152 4022 3939 5229 4032 3915 4927 4935 631 4534 4653 4530 4610 3902 37th Avenue Washington Street 2nd Street 3rd Street 38th Avenue Tyler Street 3rd Street University Avenue Peters Place Washington Street Madison Street Tyler Street 7th Street Van Buren Street Lookout Place University Avenue University Avenue 37th Avenue Washington Street Tyler Street Washington Street Washington Street Reservoir Blvd Arfrnann Burchett Deering Egan Hanson Hassan Hoium Khan Koster Lemire Levine Matthes Owens Pearson Pearson Pearson Prior Rudensky Rust Swanson Weiman Yang Randee Leslie Richard Rita Tod Diaa Vernon Mujtaba Kenneth John Richard Edwin Scott Kenneth Kenneth Kenneth Robert Jessie David Lisa Bret Joseph CITY COUNCIL LETTER Meeting off May 28, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: 5- A' I0 License Department APPROVAL ITEM: License Agenda BY: Shelley Hanson~¥k ~ DATE:)~~ ~ ~"~ . NO: DATE: May 23, 2002 BY: ~/ 2~'~)'~B6 BACKGROUND/ANALYSIS Attached is the business license agenda for the May 28, 2002 City Council meeting. This agenda consists of applications for Contractor licenses for 2002, and 3 Peddler Licenses for June 28, 2002. The three applicants sell novelty items along the parade route, and have done so for several years. 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 28, 2002 as presented. COUNCIL ACTION: TO CITY COUNCIL May 28, 2002 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Binder Heating & AC *Apollo Heating *S & S Plumbing *Kemling Alum Prod. Nordan Bldrs. *Lingen Construction 222 Hardman Ave N. S St Paul 6510 Hwy 36 Blvd. N. Oakdale 8374 Windbreak Tr. Lake Elmo Box 205, Ottertail MN 12016 Riverwood Dr Burnsville 2382 Hwy 55, Hamel $50.00 $50.00 $50.00 $50.00 $50.00 $50.00 PEDDLERS/SOLICITORS POLICE *Gerald Johnson 1298 52nd Ave NE $50.00 Erik Johnson 1298 52nd Ave NE $50.00 *Justin Tmckenbrod 1300 52nd Ave NE $50.00 (These folks applied for a one day license to sell novelty mdse. along the parade route as they have done for several years). CITY OF COLUMBIA HEIGHTS FINANCE DEPARTMENT COUNCIL MEETING OF: /~ ~, ~0~ STATE OF MINNESOTA COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS Motion to approve payment of bills out of the proper funds, as listed in the attached check register covering Check Number ~ o°/9 b~ through q~'a~q q in the amount of$ ~,~l~.l~ . These checks have been examined and found to be legal charges against the CITY OF COLUMBIA HEIGHTS, and are hereby, recommended for payment. Walt Fehst, City Manager ACS FINANCIAL SYSTEM 05/23/2002 14:40:38 FUND RECAP: FUND DESCRIPTION 101 GLIWERAL 201 COMMUNITY DEVELOPMENT FUND 202 ANOKA COLRfI~ CDBG 203 P~KVIEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 212 STATE AID MAINTENANCE 213 PARKVIEW VILLA SOLrfH 225 CABLE TELEVISION 226 SPECIAL PROJECT REVENGE 235 RENTAL HOUSING 240 LIBRARY 250 COL HGNTS AFTER SCHOOL ENRI 265 CONFISCATED/FORFEITED PROP 276 LOCAL LAW ENFORCE BLK GRANT 401 CAPITAL IMPROVEMENTS 402 STATE AID CONSTRUCTION 412 CAPITAL IMPROVEMENT PARKS 415 CAPITAL IMPROVEMENT - PIR 431 CAP EQUIP REPLACE-GENERAL 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 653 STORM SEWER CONSTRUCT. FUND 701 CENTRAL GARAGE 720 DATA PROCESSING 883 CONTRIBUTED PROJECTS-GEN 884 INSURJkNCE 885 ESCROW 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 69,785.35 1,939.70 884.53 11,570.08 3,126.92 360.87 5,861.88 3,879.52 22,612.48 412.70 8,313.53 4,018.72 615.37 1,661.82 8,552.57 2,005.57 304.20 3,421.04 4,680.32 98,207.28 55,667.22 2,216.56 1,491.52 277,007.37 23,811.75 8,820.42 24.95 1,262.69 426.69 205,125.54 1,243.97 829,313.13 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 829,313.13 829,313.13 ACS FINANCIAL SYSTEM 05/23/2002 14 Check History 05282002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 1 BANK VEArDOR CHECK NUMBER AMOUNT B~2~K CHECKING ACCOUNT AEI ELECTRONIC PARTS ANOKA COUNTY ARCTIC GLACIER BIFF'S,INC. BRINNORTHWESTERN GLASS CLARK PRODUCTS INC EDLUND/DORINDA GENUINE PARTS/NAPA AUTO GOODIN CO. HAMLINE UNIVERSITY HANKS SPECIALTIES IPC PRINTING KALLESTAD/GARY MARQUARDT/PHILLIP MEDICINE LAKE TOURS MINNESOTA CROWN DISTRIBU MN DEPT OF ADMINISTRATIO MOELLER/KAREN NAWROCKI/BRUCE PEPSI-COLA-7 UP PETTY CASH - KELLY BECKE QWEST COMMUNICATIONS RINER/STEPHEN SCOTT-IMPREST CASH/LARRY SPORTS SOFTWARE ASSOCIAT STAR TRIBUNE STURDEVANT/JOE A UNIVANCE - ACCTS RECEIV VIKING ELECTRIC SUPPLY XCEL ENERGY (N S P) ~FINITY PLUS FEDERAL CR AFSCME DELTA DENTAL FIRST CO~fU'NITY CREDIT U ICMA RETIREMENT TRUST 45 MEDICA SENIOR MN CHILD SUPPORT PAYMENT NCPERS GROUP LIFE INS 39 ORCHARD TRUST COMPANY PERA RAMSDELL SCHOI~SHIP FUN RELIASTAR EMPLOYEE BENEF UNION 49 UNITED WAY VANTAGEPOINT TR3~NSFER - WELLS F~GO - PAYROLL AC WI DEPAR~]~ENT OF REVENUE 98068 42.92 98069 1,599.31 98070 40.80 98071 60.26 98072 69.54 98073 84.16 98074 418.70 98075 56.77 98076 36.10 98077 178.00 98078 14.95 98079 45.81 98080 69.98 98081 240.97 98082 1,638.00 98083 522.50 98084 453.45 98085 88.93 98086 1,021.00 98087 367.50 98088 42.46 98089 1,445.76 98090 6.49 98091 1,130.00 98092 164.95 98093 2,633.95 98094 111.99 98095 26.21 98096 103.90 98097 36.75 98098 400.00 98099 1,045.52 98100 4,532.00 98101 2,380.00 98102 11,344.58 98103 846.60 98104 707.43 98105 434.00 98106 7,050.50 98107 25,894.63 98108 54.25 98109 2,063.00 98110 551.00 98111 39.00 98112 225.00 98113 142,753.48 98114 291.22 ACS FINANCIAL SYSTEM 05/23/2002 14 Check History 05282002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT FEHST/WALTER 98115 737.00 AARP 98116 310.00 ALL SAFE FIRE & SECURITY 98117 81.65 ANDRES/JEAN 98118 90.16 AT & T CONSUMER LEASE 98119 47.82 BAKER/JOANNE 98120 239.61 BECKER/KELLY 98121 113.01 BUREAU OF ALCOHOL & FIRE 98122 250.00 COLUMBIA HEIGHTS HIGH SC 98123 3,740.01 DISCOUNT STEEL INC 98124 25.94 EAST SIDE BEVERAGE CO 98125 59,783.26 FEHST/WALTER 98126 490.37 FISHER/BONNIE 98127 246.16 G & K SERVICES 98128 55.74 GENUINE PARTS/NAPA AUTO 98129 113.89 GOODIN CO. 98130 120.24 GRIGGS-COOPER & CO 98131 9,722.18 HAAS/JOAN 98132 39.00 HENRY P HENRY 98133 24.90 HOHENSTEINS INC 98134 5,823.30 IDEAL ADVERTISING INC. 98135 5,209.00 JOHNSON BROS. LIQUOR CO. 98136 9,203.34 KUETHER DIST. CO. 98137 50,819.60 MARK VII DIST. 98138 5,765.35 MEDICINE LAKE TOURS 98139 1,530.00 MEDTRONIC PHYSIO CONTROL 98140 168.00 METROCALL - ATT MESSAGIN 98141 71.53 MINNESOTA CROWN DISTRIBU 98142 1,372.00 NEI COLLEGE OF TECHNOLOG 98143 133.34 OFFICE DEPOT 98144 40.07 OKERSTROM/CHRISTINE 98145 31.00 PEPSI-COLA-7 ~ 98146 192.50 PETTY CASH - KELLY BECKE 98147 38.04 PETTY CASH - MARY DUGDAL 98148 78.15 PHILLIPS WINE & SPIRITS 98149 809.72 QUALITY WINE & SPIRITS 98150 3,957.15 QWEST COMMUNICATIONS 98151 359.82 RADIO SHACK 98152 11.16 RAPID GRAPHICS & MAILING 98153 5,677.00 RELIANT ENERGY MINNEGASC 98154 162.15 SANDBACK/MARGE 98155 45.00 SORENSEN/ROLAND 98156 79.00 SPRINT PCS, LEASE MANAGE 98157 22,612.48 STACHOWSKI/DORIS 98158 199.43 SUNG/ANDY 98159 25.00 SWEE/LORI 98160 70.00 TACHNEY/SUSAN 98161 78.00 ACS FINANCIAL SYSTEM 05/23/2002 14 Check History 05282002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 3 BANK ~NDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT THOMPSON/CHARLIE XCEL E ERGY (N S P) YOU G/K THY ~LE HOSE & RUBBER INC ACCENT PROMOTIONS INC ACE HARDWARE ~AM'S PEST CONTROL, INC ADI-ADEMCO DISTRIBUTION ALCOPRO ALL SAFE FIRE & SECURITY AMERIPRIDE ANOKA COUNTY LIBRARY ANORA CTY - CENTRAL COMM ARCTIC GLACIER ASSOC CONSTRUCTION PUBLI ATLAS AUTO BODY AWWA BAKER & TAYLOR CONT. SER BARNA GUZY & STEFFEN LTD BAUER BUILT TIRE & BATTE BELLBOY CORPORATION BIFF'S,INC. BN SERVICES BOOK WHOLESALERS INC BOOK~EN INC/THE BRAKE & EQUIPMENT WAREHO BROCK WHITE CO. BRODART CA~DEN PET HOSPITAL CEAM CENTRAL AVENUE RADIATOR CENTURION SKILLS INC CERTIFIT CHERNIN/ALEKSANDR CHISAGO LAKES DISTRIBUTI CIGNA BEHAVIORAL HEALTH CITY WIDE LOCKSMITHING CITY WIDE WINDOW SERVICE CLARK PRODUCTS INC COCA-COLA BOTTLING MIDWE CONTRACT CAULKING INC. CREST VIEW CORPORATION CSC CREDIT SERVICES CYS UNIFORMS D ROCK CENTER DANK~ 98162 25.16 98163 21,141.77 98164 400.83 98168 139.81 98169 349.02 98170 117.58 98171 66.56 98172 31.42 98173 505.00 98174 328.50 98175 25.00 98176 606.95 98177 148.94 98178 562.64 98179 10.00 98180 692.00 98181 426.69 98182 224.00 98183 2,495.13 98184 1,355.57 98185 618.51 98186 5,299.87 98187 421.56 98188 137.39 98189 108.04 98190 201.97 98191 31.86 98192 36.21 98193 61.97 98194 1,115.00 98195 100.00 98196 160.00 98197 170.00 98198 116.83 98199 74.52 98200 1,866.50 98201 532.53 98202 63.95 98203 24.50 98204 137.11 98205 1,204.02 98206 1,680.00 98207 12,151.50 98208 25.00 98209 835.28 98210 154.16 98211 270.00 ACS FINANCIAL SYSTEM 05/23/2002 14 Check History 05282002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT DAVIES WATER EQUIPMENT C 98212 628.26 DEMCO 98213 79.32 DIAMOND AUTO GLASS 98214 749.65 DIAMOND VOGEL PAINTS 98215 1,939.81 EAST SIDE BEVERAGE CO 98216 13,583.40 EMP 98217 355.50 FLANAGAN SALES INC 98218 6,708.44 G & K SERVICES 98219 339.65 GALE GROUP/THE 98220 456.68 GENERAL SAFETY EQUIPMENT 98221 4,015.00 GENUINE PARTS/NAFA AUTO 98222 78.02 GILCHRIST/BILL 98223 150.00 GILLUND ENTERPRISES 98224 118.05 GLENWOOD INGLEWOOD 98225 104.70 GREENWAY 98226 142.50 GRIGGS-COOPER & CO 98227 4,138.40 HAPPEL DBA PLANSIGHT/JER 98228 6,271.65 HEIGHTS ELECTRIC INC. 98229 439.64 HOME DEPOT #2802 98230 132.20 HOUCHEN BINDERY LTD 98231 133.20 IPC PRINTING 98232 353.78 ITL PATCH COMPANY INC 98233 214.18 JOHNSON BROS. LIQUOR CO. 98234 9,165.31 KENNEDY & GRAVEN 98235 100.00 KUETHER DIST. CO. 98236 69,898.90 LAKE RESTORATION INC 98237 405.00 LAW BULLETIN 98238 125.00 LOCATORS & S~PLIES 98239 235.17 LUBE-TECH 98240 415.16 M & R SIGNS 98241 1,615.61 MAC QUE~ EQUIPMENT CO. 98242 746.44 MARK VII DIST. 98243 5,630.05 MCFOA - TREASURER 98244 35.00 MENARDS CASHWAY LUMBER-F 98245 976.34 MERIT RECOGNITION 98246 10.25 METRO FIRE 98247 177.46 METROPOLITAN COUNCIL WAS 98248 52,492.30 MINNEAPOLIS FINANCE DEPT 98249 82,369.79 MINNEAPOLIS OXYGEN CO. 98250 5.11 MINNESOTA AMBULANCE ASSO 98251 75.00 MINNESOTA DEPARTMENT OF 98252 8,252.00 MINNESOTA' S BOOKSTORE 98253 80.45 MN HIGHWAY SAFETY & RESE 98254 542.00 MTI DISTRIBUTING 98255 258.75 MUNICIPAL SOFTWARE COMPA 98256 3,600.00 NORTH CENTRAL AMBULANCE 98257 2,981.79 NORTHEASTER 98258 117.00 CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: Item for Consideration ORIGINATING DEPT.: CITY MANAGER NO: 7A-1 ~ - A- ~ Community Development APPROVAL ITEM: Ordinance # 1447, Being an ordinance BY: Tim Johnson t~ BY: . ! /'~ of public propertiesamending Ordinance #831; Designating certain land use DATE: May 21, 2002 ~ '~'"~X]rYd~l ~_ ~x~~O NO: Issue Statement: The City Council has established a goal of moving forward the potential development of property south of Lomianki Park. Back~round: Since the beginning of the year, the City Council has been involved in discussions regarding the potential development of property south of Lomianki Park, which the City Council has identified as one of its priority projects for 2002. Following this direction, the City of Columbia Heights hosted an open house on the Lomianki property March 26, 2002. Following the open house, the City Council asked that the Park and Recreation Commission and Planning Commission review the parkland status and provide their recommendations on the issue. Both the Park and Recreation Commission and the Planning Commission met on the issue and both Commissions indicated that the loss of the south portion of Lomianki Park would not be detrimental to the vitality of the park system, and not in conflict with the City Comprehensive Plan. The Park and Recreation Commission also indicated that they foresee no future park activity or improvements on this property, and the sale of this property would allow for money to be put into functional City parks. Staff has outlined for the City Council the updated planning steps necessary in order to develop this land (see attached). The next step is to officially amend Ordinance # 831 that originally established this property to be possibly used as a picnic park. Beyond the planning steps outlined, the City Council will need to decide how to move forward on the potential sale of the property, should it be developed. Assuming the development scenario, the City Council could either work directly with a preferred developer, or choose to go through the bidding process, through a Request for Proposals (RFP). Analysis/Conclusion: City staff believes the City Council and EDA can continue to move forward with the potential development of property south of Lomianki Park. However, there are a number of important steps that still need to be taken before any development can occur. Recommendation: Staff recommends approval of Ordinance #1447, to establish a second reading of Ordinance # 1447, being an ordinance pertaining to park dedication for Lomianki Park, and to continue pursuing the necessary steps attached for the development of this property. Recommended Motion: Move to waive the reading of Ordinance # 1447, there being ample copies available to the public. Move to establish June 10, 2002, at approximately 7:00 pm as the second reading of Ordinance # 1447, Being an ordinance amending Ordnance # 831; Being an ordinance designating certain land use of public properties in blocks 73, 95, and 100, Columbia Heights Annex Attachments: Lorn Pk map; Pl steps; PI Comm minutes; Pk & Rec minutes; CC minutes; Ord # 803; Ord # 831; Ord 1447; Comp Plan Section COUNCIL ACTION: ORDINANCE NO. 1447 BEING AN ORDINANCE AMENDING ORDINANCE # 831; BEING AN ORDINANCE DESIGNATING CERTAIN LAND USE OF PUBLIC PROPERTIES IN BLOCKS 73, 95, AND 100, COLUMBIA HEIGHTS ANNEX The City Council of the City of Columbia Heights does ordain: Section 1: That Section 1 of Ordinance # 831 which states: The following properties shall be designated for park usage: Lots 16 through 28, Block 95 lying between 37t~ and 38t~ Avenues, possibly to be used as a picnic park. Lots 19-30 and the Westerly 75 feet of Lot 18, inclusive, Block 100, lying between 38th and 39th Avenues with a proposed use as a play park area. Lots 23 through 30, inclusive, Block 73, proposed as a nature park. Is hereby amended to read as follows: The following properties shall be designated for park usage: Lots 19-30 and the Westerly 75 feet of Lot 18, inclusive, Block 100, lying between 38th and 39t~ Avenues with a proposed use as a play park area. Lots 23 through 30, inclusive, Block 73, proposed as a nature park. Section 2: That section 2 of Ordinance # 831 which states: That the following described parcels be designated for continued industrial use: Lots 29 and 30, Block 95, lying south of 38t~ Avenue, Lots 16.through 18, Block 100, and Lots 16 through 22, Block 73. Is hereby amended to read as follows: That the following described parcels be designated for continued industrial use. Lots 16 through 18, except for the westerly 75 feet of Lot 18, Block 100, and Lots 16 through 22, Block 73. Section 3: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk  'i!.L~ ~. ,4.:'-~ S :,-o.-. S C.~'~'NED : ' ". *':..:.,a ,'.--- ,' - *J? '",'~-.r · ---.., · i'm- :.'..... :, .-.~:~,~. ~,.~..~.,,~:C.~,,..,,,. ,,-.. - .... -?r"¢.~ · ..-. ~-.....,.,,...,..~,q.....,.7.,,t~.,%.-qi~.....~ .... ,..._._. ,?~i:'";' ? ,' .' .... '.'- ,--': ' ' · - .'..'.'. ,,. -r,. ..... ..',,. 0 R TUN I T Y EMP ~,~,'~':'~. L O Y. R ~.~.,~ ~'-'=.~' A-:-"..._ -'" ...- ' '.-': .' · '- .... · ~-.- ~-:'~';~ ~ ..~.-7; ~', ~' '- ' '~ ~=u ~u~h AV=NIJE N',E.''}88.9221 e COLUM- ....... ':~ '~' ' - "~ H~IGHTS, MINNESOTA 554 ORDINANCE #831 BEING AN ORDINANCE AMENDING ORDINANCE #803 ' BEING AN ORDINANCE DESIGNATING CERTAIN LAND USE OF PUBLIC PROPERTIES IN 8LOCKS 73, 95, and IOO COLUMBIA HEIGHTS ANNEX ' THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section l. That Section 2 of Ordinance #803 which states The fo) )owing properties shall be designated for park usage: Lots 16 thru 28, Block ~)5 lying between 37th and 38th Avenue, possibly to be used as a picnic park. Lots l~ thru 30 inclusive, Block 100, lying between 38th and 3~)th Avenues with a projected proposed use as a play park'area. Lots 23 thru 30, inclusive, Block 73, proposed as a nature park. is hereby amended to read as follows: The following proi~erties shall be designated for park usage: Lots 16 through 28, Block J)5 lying between 37th and 38th Avenues, possibly to be used as a picnic park. LoCs I9 through 30 and the ~/esterIy 7~; feet of Lot )8, inclusive, Block IO0, lying between 38th and 39th Avenues with a proposed use as a play park area. Lots 23 through 30, inclusive, Block 73, proposed as a nature park. Section 2. That Section 3 of Ordinance #803 which stateS: That the roi)owing described parcels be designated for continued industrial use: Lots 2~ and 30, Block ~)5, lyin~ south of 38th Avenue, Lots 16 thru 18, Block 100, and Lots 16 thru 22, Block 73. is hereby amended to read as follows: That the Following described parcels be designated for continued industrial use: LoCs 2~) and 8lock ~)5, lying south oF 38th Avenue, Lots 16 and I7, Block 100, and Lots 16 thru 22, 81ock 73. Section 3. This ordinance shall take effect and be in force From and after thirty (30) days after its passage. Fi rst: Reading: Decen~er 23, 1974 Second Reading: January 13, 1975 Offered by: HeinCz Seconded by: Norberg Roll Call: " Ail Ayes Bruce G Nawr6cki, Mayor '~o- tern CiTY OF COLUMBIA HEIGHTS ADMINISTRATIVE OFFICES · COLUMBIA HEIGHTS, MINNESOTA 55421 ORDINANCE # 803 DESIGNATING CERTAIN LAND USE OF PUBLIC PROPERTIES IN BLOCK 73, 95, and 100, COLUMBIA HEIGHTS ANNEX. THE CITY OF COLUMBIA HEIGHTS DOES ORDAIN: Section 1. Because certain residents in the Southwest section of the City of Columbia Heights have raised funds for the purpose of developing a park for their neighborhood on properties acquired by the C'ity on agreement with Burlington-Northern Railroad, the City of Columbia Heights finds it wise to dedicate certain park property. Section 2. The followlng properties shall be designated for park usage: Lots 16 thru 28, 8lock 95 lying between 37th and 38th Avenues, possibly to be used as a picnic park. Lots 19 thru 30 inclusive, 8lock 100, lying between 38th and 39th Avenues with a project proposed use as a play park area. Lots 23 thru 30, inc]usive, Block 73, proposed as a nautre park. Sectlon 3. Section 4. That the fo]lowing described parcels be designated for continued industrial use: Lots 29 and Block 95, Lying south of 38th Avenue, Lots 16 thru 18, Block 300, and Lots 16 thru 22, Block 73. The Council further expresses their appreciation to the efforts of the citizens group which has unselfishly given freely of their time to promote an improvement in their neighborhood. Section 5. Th[s ordinance shall take effect and be in force from and after thirty (30) days after ~ts pass.age. First read~ng: April 4, 1973 Second reading: Offered by: Seconded by: Roll Call: April ~ 1973 Norberg Connor A 1 1 Ayes cretary to the Council Bruce G. Nawrocki, Mayor p. 73 That the City Manager shall also list the names and owners of the s~¥er, al parcels so improved as nearly as can be ascertained. ' 5. These improvements shall also be known as Project No. 676. Ord.inance #803 on Southwest Development. A first reading was held on Ordinance #803 on the southwest development proposal. A lengthy discussion was held on the ordinance. Bert Foster, from Cir-Tech, was present and answered questions from the Council members on the matter. He asked the Council to let him know whether the City would be agreeable to sell the Cir-Tech property to him. It was proposed the second reading of the ordinance and the public hearing be held at the Aprll 23rd Council meeting at which time a proposal could be worked out. Motion by Land, seconded by Connor to adjourn at ll:17 p.m. Roll Call - Ali Ayes. · Se?~'tary- to the Council '- F p. ~0 Ordinance #802 - Granting a Franchise to Northern States Power. The City Attorney reported he met with the Attorney from Northern. States Power Company and they noted a provision in the ColumSia Heights Charter, unique to our situation, on the time-table for the franchise ordinance to become effective. He suggested the ordinance be tabled untll N.S.P. advises the City that 60~ of the communities involved have adopted this ordinance. Motion by Land, seconded by Norberg that the 2nd reading of Ordinance #802 be tabied indefinitely. Roll Call - AIl Ayes. Ordinance //803 - Southwest Area Developmen_t, _~es__t'_ ...... _tree~~ Ordinance ~03 On--ment A second reading was held on from 37th to 40th Avenue, west of Main Street N.E. A lengthy discussion was held on the ordinance. Ken Hentges expressed concern over the proposed land use in the ordinance, in particular, the amount of land proposed for park purposes. Mary Kordiak, chairman of the Southwest Development Committee, was present and said the Committee worked hard trying to come up with a compromise they felt would be a good proposal for everyone, although not everyone was satisfied with the proposal. Mayor Nawrocki said this proposal started out from the Burlington- Northern Railroad. The Railroad took all the land over to the alley west of Main Street, including the strip in question, and i.t was through negotiation that the City acquired the property. He said the reason the railroad gave the City this property was the Council's insistance for a buffer strip between the railroad facility and the residents )iving on Main Street N.E. The Council talked about some park development that would ease the noise and inconvenience of the developing railroad faciIit-les. The proposa) we are looking at seems to be a fair compromise to accomplish several different things for the City. Under the raj)road proposa), they had ownership of the property and the City had no.thing - no buffer, no industry - just the slope easement to the railroad yard. Now the City owns a strip of property !/2 block wide and three blocks long and the City has the opportunity to provide some type of buffer for the people, a modest park area, and ~me industrial sites. Ordinance #803 was offered by Norberg, seconded by Connor. Roll Call - All Ayes. Ordinance //803 was adopted. Blasting) Damage C)aims. The City Attorney reported the waiting period for filing damage claims is now up and a letter will be sent to the claimants shortly on the matter. December 23, 1974 Mr. Kenneth Hentges, resident of Columbia Heights, spoke at great length in favor of having industry go in to this property, stating the need for industry in the City. Mayor Nawrocki stated that he was still of the mind that the decision made to sell to Conners Soft Water was made at the best interest oF the community at large. Second reading held on Ordinance //830 BEING AN ORDIrlANCE AUTHORIZING THE SALE BY THE CITY OF COLUMBIA HEIGI.tTS OF CERTAIN REAL ESTATE KNOWN AS LOTS 16 AND 17, BLOCK 100, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA to Commers Soft Water Company, Inc. for $22,500. OFFERED BY Land, Seconded by Logacz Roll Call-All Ayes OROI[~ANCE #830 was adopted. A discussion followed on the lease agreement. Mayor Nawrocki spoke on the need to prohibit particular uses rather than general definitions. Attorney Kalina had two versions of the lease available to be used. The Council agreed that the agreement containing a detailed list of uses which are prohibited would be the one most desirable. Mr. Kalina spoke on the fact that he had been unable to get together with the Attorney for Commers Soft Water regarding the sale agreement. /~RDINANCE #83! DESIGNATi~IG USE OF THE WEST 75' OF lot 18, Block lO0.-'~ .Columbia Heights Annex to Minneapolis, for Park purposes. X,.~irst reading was held on Ordinance #831 _- SIDE YARD VARIANCE - VFW 3938-5th Street N.E. A discuss, ion was held on the plans for a new building for the VFW to replace their building which had burned. An explanation was given as to the need for a 15 foot variance. Discussion was held on how the building would be placed on the lot. A representative from the VFW explained that the front door would be on the south s~de of the building. Motion by Heintz, Seconded by Logacz to grant side yard variance of 15' to the VFW 3938-5th Street, based on the recommendation of the Planning and Zoning Commission. Roll Call-AIl Ayes RECESS WAS CALLED AT 9:40 p.m. RECONVENED at 9:50 p.m. RESOLUTION #74-62 AUTHORIZING TRANSFERS IN THE 1974 BUDGET Prior to the reading of the resolution, Mayor Nawrocki, in particular, had questions about the proposed transfers. He was concerned about January 13, 1975 -9- Mr. Watson further reported that this truck had been projected as an expenditure to be made from Revenue Sharing in 15t75 at an estimated total of $10,O00. Motion by Heintz, Seconded by Logacz to award the bid for a new 27,500 GVW Truck with Dump Body to Bill Boyer Ford at a total cost of $9,257.40 including trade in, and the Mayor and City Manager be authorized to enter into contract for same. Roll Call-All Ayes Kenneth Hentges was present at the meeting and requested further information on the size of the dump truck box, and size of the truck in general. He pointed out d~fferences in the various sizes. ORDINANCE #828 REGARDING N.S.P. FRANCHISE City Attorney, Ronald Ka!ina, reported on his discussions with the attorney for Northern States Power. He informed the Council that the agreement had been reached that the ordinance as revised by the City Attorney would be acceptable. Lengthy discussions were held on this ordinance. Mayor Nawrocki reported on discussions with Donald Poss, City Manager of Brooklyn Center, regarding the Attorney General's opinion on a fee as opposed to tax on the franchise of N.S.P. The Mayor further noted concerns which he has as to whether the City would be allowed to seek a tax at some date. He mentioned a case in Brainerd where they did not follow the law regarding taxing as stated in the Minnesota Statutes. Mayor Nawrocki was concerned as whether this could also apply to the circumstances of ColumJ~ia Heights. Attorney Kal ina pointed out that in terms of Columbia Heights, this decision regarding. Brainerd would have no affect on the franchise 'ordinance under consideration. Mayor Nawrocki pointed out that something should be written into the ordinance giving the City the power to tax at a later date. Councilman Norberg was concerned because no one was present from N.S.P. at this meeting, and he felt someone should be there to speak for them. Motion by Norberg, Seconded by Land to table further consideration on Ordinance #828 until the next regular meeting. Roll Cai l-ali ayes Councilman Logacz asked what powers are given to the City in reference to negotiating acts in regards to our franchise with N.S.P. Attorney Kal ina pointed out that the City Charter gives the authority. Further discussion held on the powers of the City in regard to the franchise, and regarding rate setting. OR~ANCE DESIGNATING CERTAIN PROPERTY FOR PARK PURPOSES (AMENDING #803)'~ #831 Second reading was held on this ordinance which designates the West 75' of Lot 18, Block 100, Columbia Heights Annex, directly north of the building at 38Ol California Street, for park purposes. This was as a result of the recent sale of land at 380l California St. ORDINANCE #831 offered by HeJntz, Seconded by Norberg Roil Cai): Ail Ayes Ordinance #831 was adopted. December 23, 1974 THE CITY' COUNCIL OF THE CITY OF COLUMBIAHEIGHTS HEREBY RESOLVES: Section 1. That this council does hereby adopt the aforesaid assessment rolls known and described as '~ssessment Roll for Local Improvements numbered addition to #676, and #697 Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment rolls was and is especlally benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment rolls. Section 3. That said assessments may be paid in part or in full without interest on or before January 22, 1975, or in annual installments for a period of from one to ten years as designated on each assessment roll, payable on or before the 30th day of September, annually, with 8% interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a I0% penalty is added and the said delinquent special assessment is certified to the County for Collection with the real estate tax. Section 4. That this Council did hereby determine and re-determine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to these improvements, and said improvements shall hereafter be known and numbered as "local improvements numbered 676 and 697" Section 5. This resolution shall take effect immediately upon its passage. OFFERED BY LAND, SECONDED BY NORBERG ROLL CALL-ALL AYES RESOLUTION #74-61 was adopted. _R~INANCE #830 SALE OF 38Oi CALIFORNIA STREET-~ Motion by Heintz, Seconded by Norberg that Lots 16, 17 and the West 75' of Lot 18, Block 100, Columbia Heights Annex, be dedicated to park purposes and the building on this property be torn down, and that an ordinance be prepared for that purpose. Roll CalI-Heintz, Norberg-Ayes Logacz, Land, Nawrocki-Nay Motion failed. Mr. Gene Mady, a resident from the neighborhood around 3801 California, voiced his views on this property. He spoke against allowing industry on the same block as a park, and asked the Council to help the people there. He presented a petition signed by residents of that area opposing the sale of the property to industry. Motion by Land, Seconded by Norberg that the petition be placed on record. Roll Cai I-All Ayes o. 5Q This resolution shall become effective on the signing by the appropriate union officials. Roll Call - All Ayes. Adopted. Addition to Cir-Tech building at 3905 California Street. The City Manager reported at the last meeting of the Planning & Zoning Commission, Albert Foster, President of Cir-Tech was present requesting an addition on the City-owned building they occupy at 3905 California Street. He explained to the Commissioners their proposal to Mild a 20- x 100' addition on to the north side of their building. The Commissio~rs went on record as having viewed the expansion plans, and determined it would be compatible with the industrial area if the building and adjacent parking lot were expanded. Mr. Foster was present at the Council meeting and said their business has grown to a point that they see the need for additional square footage for expansion.' He said they have 71 employee- some of whom are from the Columbia Heights area, and if they were to expand they would employ additional people. He asked if it would be possible to work out an agreement with the City to have the addition put on the plant. They would pay for it either through a lease arrangement or possibly the City would sell the property and building to them. He said a discussion was held last Friday night with the residents from the Main Street area to go over the plans in line with their park development plans. He would like to work out something beneficial for the City, the Park, and the neighbors. A lengthy discussion was held on the proposal. Several residents from Main Street were present, representing the Southwest Park Committee, and objected to the expansion as it would destroy a wildlife area. They do not object t~ Cir-Tech as it stands now, but they would if it were expanded. They asked if there could be a guarantee that some of the land be dedicated to park purposes. They want a park, and are working for a park. Council members indicated they would prefer not to sell the property. Councilman Heintz suggested a study committee be formed to analyze the entire area from 37th to 40th Avenue, and come back with a propoal on how much land the residents would want dedicated for a park, what buildings they would want left for industrial purpose, and then come up with an ordinance or resolution to dedicate part of the land for park or whatever, and come back to the Council with it. He suggested a member of the Council, the Park Board, a staff member, and someone from the neighborhood be on such a committee. p. 51 Motion by Heintz, seconded by Land that a committee consisting of Albert Foster, Jim Lattery, Gayle Norberg, John Murzyn, and Mary Kordiak be established to make recommendations for the development of the Southwest Park area from 37th to 4Oth, the alley west of Main Street over to California Street, and to make these recommendations at their earliest convenience back to the Council, and that Mary Kordiak be named Chairwoman of the Committee. Roll Call - A11 Ayes. Recess was called at 10:30 p.m. The meeting reconvened at 10:4~5 p.m. Proposal for Hockey Rink and Tennis Court. A proposal was received from the School Board, and recommended by the Planning & Zoning Commission for a hockey dnk and tennis court to be installed at the Mini-Park on 41st and Central. It was reported the proposal would be for the School to construct it and the City would handle the maintenance. The City Manager said the Planning Commission suggested seriously considering having plumbing facilities stubbed in so it could eventually be used for construction of a building. The Council members felt it was a good proposal and indicated there should be more cooperation between the City and the School. Motion by Heintz, seconded by Norberg that the Mayor and City Manager be authorized to enter into an agreement with School District #13 for the joint participation in the hockey dnk and tennis court facilities adjacent .to the Min~l'ark. Roll Call All Ayes. Lot Subdivision Request. A lot subdivision request was received from David Jackson, 1125 - 42nd Avenue, to subdivide the E.~ of Lot 41 (Ex.S. 51) (Subj. to rd. & Util. ease. over N.30') Block 3, Reservoir Hills (Subj. to SS ease. over S. IO' of N. 175') into: 1. North 165 feet of E.'~ of Lot 41 (Subj. to rd. & util. ease. over N. 3O') 2. E. ~ of Lot 41 (Ex. North 165') (Ex. S. 51) (Subj. to SS ease. overS. 10' of N. 175' of E. ~ of L. 41) Motion by Heintz, seconded by Land that the request be granted and that the outstanding specials be paid in full. Roll Call All Ayes. Columbia Heights Cab Company Request to Increase Rates. John E. LaMont, owner of Columbia Heights Cab Company, was present and requested his rates be increased in conformaDce with the metropolitan area to the same rates used by Yellow Cab Company. He said at present the rate is 55¢ for the first ¼ mile and 10¢ each ¼ mile thereafter and 10¢ for each I~ minute waiting time. The new rates are proposed to be: PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING 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 37t~ to 43a 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 ft 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 abou~ 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. All 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 7~h Street - Quincy St, 42nd-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 Northern 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 37t~ 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 38t~ Ave. The property also has poor access offof37th 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 prop.erty indicates that the land was established as park so as to provide for a natural buffer fi.om the' raikoad 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 furore 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 hearing, 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 concemed 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 ½ 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 left 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 3 701 and 3 741 California Street consistent with the Comprehensive Plan. All ayes. PLANNhNG & 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 THESE MINUTES HAVE NOT BEEN APPROVED City of Columbia Heights Park and Recreation Commission April 27, 2002 The meeting was called to order by Eileen Evans at 6:32 p.m. ROLL CALL Members present: Members absent: Eileen Evans; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Gary Peterson; Keith Windschitl, Recreation Director Kevin Hansen, Public Works Director/City Engineer Jerry Foss Also present: Tim Johnson, City Planner; Lomianki Park residents APPROVAL CONSENT AGENDA' Motion to make correction of spelling from Asland to Asplundh on consent agenda and motion to approve consent agenda by Niemeyer; second by Bill Peterson. Ail ayes, motion carried. LETTERS AND REQUESTS: Recreation Director, Keith Windschitl, discussed the Columbia Heights Lion's Club request for a storage area located on the lower level of JPM underneath the northwest stairwell. The Columbia Heights Lion's Club would like to have the area finished off and utilized for their liquor storage. Recreation Director, Keith Windschitl, talked to the Building Official and the Fire Chief. A sprinkler head and a firewall would have to be added to this area. Motion by Niemeyer, second by B. Peterson to table the request until further investigation. Ail ayes, motion carded. OLD BUSINESS: There is no old business at this time. NEW BUSINESS: Commission Chairperson, Eileen Evans, discussed the current status of the property south of the developed Lomianki Park (from 37th to 38th) and whether or not it should be used for future park development. Commission Member, Bill Peterson, quoted the August 1996 Comprehensive Plan relating to Lomianki Park by saying, "Considering the nature and location of this park, the possibility of selling the north and south portions of this park would far outweigh any future development considerations. These areas are considered "dead space" and rarely ever used. If sold, the money received could be allocated in funds specifically for park developments and park improvements." PAGE TWO Lomianki Park resident, Terry O'Brien, 3810 Main Street N.E. stated that the original intent was to use the property south of the developed Lomianki Park (from 37th tO 38th) as a picnic area. Commission Chairperson, Eileen Evans, asked how much use does the developed park get. Terry O'Brien stated that the neighborhood goes through cycles and it's coming back again where young families are moving back into the neighborhood. He also stated that the park probably doesn't get much use because of the warming house that wasn't supported for very long. Commission Member, Tom Greenhalgh, noted that the warming house has been shut down since August 1996 and there has been no one who has tried to get it re-opened. An unidentified Lomianki Park resident stated that he counted the lots on the west side of Main Street and there are 18 lots. On this property, he would like to know how they intend on building 25 to 30 homes. Commission Chairperson, Eileen Evans, informed him that the purpose for this discussion is not about what would go on the property. The purpose for this discussion is whether or not this property should continue to be recognized as park property. Also, that the City has maintained this property for 30 years and the question now is where should the dollars be spent. Lomianki Park resident, Jim Gustafson, 3712 Main Street N.E. states there is frequent use of the developed Lomianki Park during the summers. He also states that there is use on the undeveloped Lomianki Park property (between 37th & 38th). Residents have family picnics and play horseshoes. Bike riders and dog runners also utilize the space. Lomianki Park resident, Kathryn Kosa, 3732 Main Street N.E. states that it was promised by the City of Columbia Heights to be park property (between 37th & 38th), and her family has played volleyball, football, and softball back there for several years. She would like to see it stay that way. Commission Member, Bill Peterson, stated that it's possible that the sale of Lomianki Park (between 37th & 38th Avenue) would allow for money to be put money back into the City parks. Motion by Niemeyer, second by B. Peterson to recommend that the current parkland status be eliminated to allow for future development, as this is consistent with the park section of the City Comprehensive Plan. All ayes, motion carried. Public Works Director/City Engineer, Kevin Hansen, reviewed the bids for the replacement of the Prestemon Park Backstop and addition of first and third baseline fencing. The backstop would eliminate foul balls from going onto residential property. The backstop bid range was between $9,100 and $12,250. The bid range for fencing for 3r~ and 1st baseline would be between $2,600 and $4,400. Fencing along the 3r'a & Ist baseline would protect people walking/running on the cement trail. Century Fence Co. was the low bid. Motion by B. Peterson, second by Mayer to recommend to the City Council the Century Fence Co. proposal, as this would be the most cost effective bid. All ayes, motion carried. PAGE THREE REPORTS: Recreation Director, Keith Windschitl, informed the Commission Members that the Heights Happenings went to the printer and will be distributed within the week. The summer brOchure contains summer recreation programs as well as City information. Recreation Director, Keith Windschitl, stated that there has been continued leaking in the JPM building but has been temporarily fixed by caulking the valleys and shingles. He indicated that he would be contacting a roof consultant. Recreation Director, Keith Windschitl, informed the Commission Members that Adult Softball leagues have started. Monday, Tuesday, and Thursday night leagues are full. Commission Chairperson, Eileen Evans, asked when times would end for softball. Recreation Director, Keith Windschitl, stated that game times for Prestemon Park are at 6:00 & 7:00 p.m. and game times for Huset Park are 6:00, 7:00, 8:00, & 9:00 p.m. Commission Member, Scott Niemeyer, asked if anyone had heard about the Recreation Department taking over 8th grade sports. Recreation Director, Keith Windschitl, stated at the present time we have not heard of middle school cuts to sports. Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that we have had odd weather for cutting grass. The Public Works Department is down four people at the present time. He would like any complaints referring to lack of grass cutting be forwarded to either Kevin Hansen or Lauren McClanahan in the Public Works Department. He is also anticipating a good return for seasonal staff. Commission Chfiirperson, Eileen Evans, informed the Commission members that the Three Rivers Park District (formally Hennepin Co. Park District) pumhased the Salvation Army Camp. Three Rivers Park District met with the City of Columbia Heights to get a feeling of what the City proposes to do with Silver Lake Beach and boat landing in the future. They want to know whether the City wants to maintain the beach and boat landing as it currently exists. There may be interest in coordinating the park into their park master plan. Commission Member, Scott Niemeyer, asked when construction would be started on Central Avenue (between 37th & 43ra Avenue). Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that they are receiving bids until April 30th, and the construction is projected to start beginning to mid June with a substantial completion date by November 31st and final completion date of June l 5, 2003. PAGE FOUR Commission Member, Bill Peterson, asked who plants the flowers under most City signs. Commission Chairperson, Eileen Evans, stated that the Beautification Committee does most of the work. She also stated that the City is still looking for someone to maintain the flower garden at 37th & Stinson Bird, as the Lion's Club will no longer be taking over the project, and that the City would like to put up a 'Welcome to Columbia Heights' sign somewhere in the vicinity of 53r'~ & Central Avenue if land can be acquired. Recreation Director, Keith Windschitl, informed the Commission Members that the fireworks show has been moved to Friday night following the parade. The fireworks display is normally held on Saturday night during the Columbia Heights Jamboree but the City will be hosting a concert that Saturday. A change has been made to the parade route due to Central Avenue construction. A map of this year's parade route is on the cover of the summer newsletter. ADJOURNMENT Meeting adjourned at 7:13 p.m. Tina Foss, Park and Recreation Commission Secretary CONCLUSIONS AND MAJOR FINDINGS The following conclusions and findings were included in the 1996 Comprehensive Park System Plan: DEMOGRAPHICS To best meet the changing needs of the population, the City of Columbia Heights park system must be prepared to conform to the needs of the increasing elderly population as well as the increasing number ofpreschooI children and young families in the area. It is also recommended that the Recreation Department do its part to address the rising growth of non-traditional families by providing alternative activities to meet the needs of single-parent houset~°lds. ~t~the~.needs:.ofTa?cbmpI~t~lY deVeloped.urban area,.~e City of_Columbia Heights must be: ' ,wi,~g'.tg~.~.quire .addi_fional !and that, is deemed benefi~iai ~o file:Park system'. ~B'e~iides the ~°=mi_~.~_~,~f~.any additional park spaCe'WoUld prdve to be e-~~. '~~s~i~/, Poss,ble future land acqmsmons ,nclude a / vacatea lot mr saae at 3%2 Quincy Street, as well as the Krerner and ' thae~ 3 · Davis bmldmg at 900 Jefferson Street. S~nce both these properties adjoin Huset Park, the acquisition of propemes would be beneficial to the redevelopment of Huset Park. RECREATION AND FACILITY TRENDS Besides demographics, the primary, trend affecting parks and recreation is increased transportation. People are becoming more destination-oriented and are willing to travel to those places and/or communities that offer them the services they are seeking. With increased transportation, improvements in transportation routes (especially pedestrian-based) and ease of access (including handicap persons) are becoming more 'critical. Other projected trends include more group activities, improved group areas and picnic facilities, and close-to-home, Iow-cost recreation opportunities. TRAILS AND PATHWAYS A rapidly increasing trend, trails and pathways are becoming an essential component in linking parks to developments, people, and to the community. As recreation activities such as biking, ming, walking, and inline skating increase, the need for an effective trail and pathway system in Columbia Heights becomes more of a priority. 9'9 STEPS NECESSARY FOR DEVELOPMENT OF PROPERTY SOUTH OF LOMIANKI PARK Host Public Open House to present preliminary design concepts to neighbors This tookplace on March 26, 2002. Park and Recreation Commission review of parkland status This tookplace on ~lpri124, 2002. Planning Commission review of parkland status This tookplace on May 7, 2002. Amend the former ordinance # 831 that dedicated this land to be used for park purposes (possibly as a picnic park) This item will be brought to a future Council meeting depending upon Council direction. Request future land use change from parkland to medium or high-density residential to the Metropolitan Council. Staff is currently working on this item, and will submit when necessary. Hold public hearing to rezone (downzone) the entire block between 37th and 38th Avenue from Light Industrial to Residential -3 to allow for low to medium density residential development It is anticipated that staff will initiate the rezoning process after City Council direction. Select preferred developer or go out for bidding through Requests for Proposal (RFQ) process The RFQ process will take approximately 3 months to complete. Replat and Site Plan Review of the entire property, including vacating or establishing right-of-way, storm water plans, grading/drainage plans, etc. This process will be initiated when it is decided who will develop the property. 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Here the City has basically two altematives. One is to shut the water off for non-payment. The second alternative is to leave the water on, accumulate the outstanding bills, and certify it to the property tax statement at year-end. When this subject was last reviewed in 1984, the City of Columbia Heights was virtually the only city doing shut-offs. Since then the list of cities doing shut-offs on a regular basis has grown. Currently we have verified at least six cities, Anoka, Bloomington, North St. Paul, Moundsview, St. Anthony, and Sfillwater that utilize shut-offs as a method of controlling delinquent accounts. Fees charged by these cities range from a low of $15 in St. Anthony to a high of $75 in Moundsview. Currently costs for the City of Columbia Heights are averaging approximately $50 in staff costs, without vehicle and other overhead expenses, for each shut-off. Currently we send out an average of 147 disconnect notices per month. The majority of residents who receive these notices pay their bill prior to the actual shut-off. Actual shut-offs per month averages 16. From this you can see that our program of sending out disconnect notices generates a significant amount of payments before the actual shut-off is completed. If we were to eliminate sending out these notices, it is foreseeable that the entire 147 accounts each month may go unpaid. As the City utility billing is divided into three sections, from these statistics, it could be projected that if we eliminate the shut-off policy and sending out disconnect notices, we could have 400 to 500 unpaid delinquent accounts at year-end. It should be noted that in this area, our Utility Billing staff conscientiously works with customers to the full extent available to establish payment plans and do whatever is possible to work out payments to avoid shut-offs. The individuals who end up on the final disconnect list are usually repeat customers who are on the list every billing cycle. Staff feels that one of the principal reasons for the large number of repeats is our low mm-on, turn-off fee. Currently the total fee to have the water shut off and restored is $20. It is our recommendation that this fee be increased to $75, which will basically cover staff costs, vehicle, and other expenses involved in doing the shut-off. It is further our recommendation that this be a progressive fee, starting at $75 for the first shut-off at the property address and increasing by $25 for each subsequent shut-off. Since the vast majority of shut-offs are repeat customers, it is staff's opinion that increasing the shut-off fee could significantly reduce this situation. It also staff's recommendation that this fee be added to the bill at the time the final disconnect list is produced. RECOMMENDED MOTION: Move to waive the reading of resolution 2002-40 there being adequate copies available for the public. RECOMMENDED MOTION: Move to adopt resolution 2002-40 being a resolution Setting a Shut-Off/Turn- on Fee for Water Service in the City of Columbia Heights. WE:sms 0205162COUNCIL Attachment COUNCIL ACTION: RESOLUTION NO. 2002-40 BEING A RESOLUTION SETTING A SHUT-OFF / TURN-ON FEE FOR WATER SERVICE IN THE CITY OF COLUMBIA HEIGHTS WHEREAS, the late payment and delinquency of utility bills by a few necessitates a shut-off that adds to the cost of the utility service which is bome by the majority of the users who pay their bills on a timely basis and, WHEREAS, the City Council desires to have an equitable distribution of costs for water utility services, BE IT HEREBY RESOLVED that the first time a property appears on the shut-off list it shall incur a shut-off/tm-on fee of $75.00 and, BE IT HEREBY FURTHER RESOLVED that each subsequent time a property appears on the shut-off list, that property shall incur an increase in the fee of $25.00. Passed this Offered by: Seconded by: Roll Call: day of May ,2002 Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson 0205162COUNCIl CITY OF COLUMBIA HEIGHTS DATE: MAY 22, 2002 TO: LINDA MAGEE, ACTING CITY MANAGER THE HONORABLE MAYOR GARY PETERSON CITY COUNCIL MEMBERS BRUCE NAWROCKI MARLAINE SZUREK ROBERT WILLIAMS JULIENNE WYCKOFF FROM: WILLIAM ELRITE FINANCE DIRECTOR INCREASING THE FEE FOR WATER SHUT-OFF / TURN-ON Based on the City Council work session of May 20, 2002, I have attached the survey that Mel did in relationship to shut-off fees charged by some other cities in the metropolitan area. In addition to this, I have attached the notice that will be mailed out with all of the disconnect notices. It should be noted that this is the third notice that is sent out. This notice advises residents of the increased shut-off fee and also reminds them that if they do have problems with paying their utility bill, to contact our office to work out arrangements. As I noted at the council work session, the Utility Billing staff puts forth every effort to work with residents to establish a payment plan and to keep them on that payment plan to avoid shut-offs. It has gotten to the point where the shut-offs we are doing, which average 16 per month, are for a reoccurring group of people who simply do not pay their bill until the shut-off occurs, and who do not put forth any effort to make payment arrangements until their water is shut off. It is our intent that the increased shut-off fee will encourage these people to take action and make arrangements to pay their account prior to actually having their water shut off and subsequently eliminate the time spent by Public Works to do the shut-off. In summary, it should be clearly noted that although we are increasing the shut-off fee, the new fee, as was the old fee, is totally under the control of the resident. If the resident contacts us and makes arrangements for a payment schedule and follows that schedule, their water is not currently shut off and will not be shut off in the future. It should also be noted that what staff currently does in this area is above and beyond the authorization of the current or proposed resolution. The resolution does not include parameters to work with residents or establish a payment plan. The Utility Billing staff has taken the initiative to go beyond the basic language of the resolution to be of more service to our residents. WE:sms 0205222COUNCIL Your current utility bill is past due. note that the City of Columbia Heig $75.00 for the first shut-off and subsequent shut-off. Under account in 10 days when the require additional inform: department at inc~ immediately. notice. Please disconnect fee to n additional $25.00 for each fee will be added to your is sent to Public Works. If you this, please call the Utility Billing avoid this shut-off fee and the shut-off by paying your past due bill To office follow th off. arrangements, please contact the Utility Billing 1640. If you make payment arrangements and arrangements, you can avoid having your water turned SURVEY OF WATER SHUT-OFF FEES BY MEL COLLOVA CITY FEES ADDITIONAL OR LATE HOURS FEE 1. Anoka $ 25.00 $ 50.00 2. Bloomington 30.00 100.00 3. Columbia Heights 20.00 60.00 4. North St. Paul 50.00 100.00 5. Moundsview 75.00 100.00 6. St. Anthony 15.00 7. Stillwater 30.00 45.00 0205162COUNCIL CITY COUNCIL LETTER Meeting of: May 28, 2002 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~_~ COMMUNITY DEVELOPMENT APPROVAL ITEM: RESOLUTION 2002- 38 BY: MEL COLLOVA BY: DISCONTINUE WATER SERVICE TO VACANT DATE: May 13, 2002 OR ABANDONED STRUCTURES NO: In the past whenever the Building Official has prepared a Notice and Order for Declaration of Hazardous Buildings, a Resolution has also been prepared for Council action. After obtaining authorization from the City Council, water service to these buildings was then turned off and City Council action was required before water service could be restored to the building. Presently there are several single-family homes and the Hardy's site that have been vacant for more than six months. Even though they are vacant, they are not considered hazardous buildings at this time, and therefore, have not necessarily had the water service discontinued. In some cases the owners have been cooperative in turning off the water. In an effort to minimize damage to the structure, and to provide some protection to the municipal water supply, a policy needs to be established. Occasionally when the water service is restored, there is flooding in the building due to damage caused by the water pipes freezing. An example of this would be 51st and University Avenue property that had more than 3 inches of water in the basement before anyone discovered the pipes had been damaged. In some cases, the water line breaks before the water meter or freezing can cause damage to the meter itself, and therefore, makes it more difficult to detect. The Building Official is recommending the adoption of Resolution 2002-38 giving authorization to the Building Official to order the water service terminated for any structure that has remained vacant or abandoned for a period exceeding 180 days. The Resolution would also require that City staff be present when service is restored to inspect the interior of the structure to ensure that water leaks do no occur due to damaged pipes. RECOMMENDED MOTION: Move to waive the reading of Resolution 2002-38, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2002-38, BEING a Resolution authorizing the Building Official to discontinue water service to vacant or abandoned structures. COUNCIL ACTION: RESOLUTION NO. 2002-38 RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS AUTHORIZING THE BUILDING OFFICIAL TO DISCONTINUE WATER SERVICE TO VACANT OR ABANDONED STRUCTURES WHEREAS, there are buildings in the City of Columbia Heights that remained vacant or abandoned for a period of longer than 180 days, and WHEREAS, Minnesota Statutes 144.12; 326.37 to 326.45; Minnesota Rules requires the protection of potable water supply, and WHEREAS, the City of Columbia Heights has the responsibility to protect the drinking water supply as contained in the Findings of Fact: FINDINGS OF FACT Minnesota Rule 4715.1900 requires protection of potable water: A potable water supply shall be designed, installed and maintained in such a manner as to prevent contamination from non-potable liquids, solids, or gases, from being introduced into the potable water supply through cross-connection or any other piping connections to the systems. Vacant or abandoned structures due to a lack of plumbing maintenance pose a high probability of contamination of the potable water supply. Past experiences with damage to the potable water systems of vacant or abandoned buildings have included foundation flooding caused by bursting pipes and or water meters. Restoration of water service to a structure without staff present inside the structure could also lead to foundation flooding, contamination of potable water, and overload of the sanitary sewer system. TltEREFORE, BE IT RESOLVED on the Building Official's conclusions that, vacant or abandoned structures pose a danger to the community by contamination of the potable water supply. Conclusions of Council That protection of potable water supply is required for a safe community. Vacant or abandoned structures do pose a hazard to the potable water supply of the community. Order of Council 1. The protection of potable water is required pursuant to Minn. Stat. 326.37 to 326.45. 2. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby authorizes the Building Official to discontinue water service to any structure that has remained vacant or abandoned for a period exceeding 180 days. 3. The City Council further orders that staff shall not restore the water service to such structure without the plumbing system successfully passing a safety inspection by the Building Official. 4. The property owner is responsible for a minimum permit fee for the restoration of potable water service. 5. The City Council further orders that the necessary costs of such action are the responsibility of the property owner of record. Passed this Offered by: Seconded by: Roll Call: __ day of ,2002 Patty Muscovitz, Deputy City Clerk Mayor Gary L. Peterson City of Columbia Heights Park and Recreation Commission April 24, 2002 THESE fl,'IINUTES F;AYE BEEN_.. AP_P_PRO_VEQ.. The meeting was called to order by Eileen Evans at 6:32 p.m. ROLL CALL Members present: Members absent: Eileen Evans; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Gary Peterson; Keith Windschitl, Recreation Director Kevin Hansen, Public Works Director/City Engineer Jerry Foss Also present: Tim Johnson, City Planner; Lomianki Park residents APPROVAL CONSENT AGENDA: Motion to make correction of spelling from Asland to Asplundh on consent agenda and motion to approve consent agenda by Niemeyer; second by Bill Peterson. All ayes, motion carded. LETTERS AND REQUESTS: Recreation Director, Keith Windschitl, discussed the Columbia Heights Lion's Club request for a storage area located on the lower level of JPM underneath the northwest stairwell. The Columbia Heights Lion's Club would like to have the area finished offand utilized for their liquor storage. Recreation Director, Keith Windschitl, talked to the Building Official and the Fire Chief. A sprinkler head and a firewall would have to be added to this area. Motion by Niemeyer, second by B. Peterson to table the request until further investigation. All ayes, motion carded. OLD BUSINESS: There is no old business at this time. NEW BUSINESS: Commission Chairperson, Eileen Evans, discussed the current status of the property south of the developed Lomianki Park (from 37th to 38th) and whether or not it should be used for future park development. Commission Member, Bill Peterson, quoted the August 1996 Comprehensive Plan relating to Lomianki Park by saying, "Considering the nature and location of this park, the possibility of selling the north and south portions of this park would far outweigh any future development considerations. These areas are considered "dead space" and rarely ever used. If sold, the money received could be allocated in funds specifically for park developments and park improvements." PAGE TWO Lomianki Park resident, Terry O'Brien, 3810 Main Street N.E. stated that the original intent was to use the property south of the developed Lomianki Park (from 37th to 38th) as a picnic area. Commission Chairperson, Eileen Evans, asked how much use does the developed park get. Terry O'Brien stated that the neighborhood goes through cycles and it's coming back again where young families are moving back into the neighborhood. He also stated that the park probably doesn't get much use because of the warming house that wasn't supported for very long. Commission Member, Tom Greenhalgh, noted that the warming house has been shut down since August 1996 and there has been no one who has tried to get it re-opened. An unidentified Lomianki Park resident stated that he counted the lots on the west side of Main Street and there are 18 lots. On this property, he would like to know how they intend on building 25 to 30 homes. Commission Chairperson, Eileen Evans, informed him that the purpose for this discussion is not about what would go on the property. The purpose for this discussion is whether or not this property should continue to be recognized as park property. Also, that the City has maintained this property for 30 years and the question now is where should the dollars be spent. Lomianki Park resident, Jim Gustafson, 3712 Main Street N.E. states there is frequent use of the developed Lomianki Park during the summers. He also states that there is use on the undeveloped Lomianki Park property (between 37th & 38th). Residents have family picnics and play horseshoes. Bike riders and dog runners also utilize the space. Lomianki Park resident, Kathryn Kosa, 3732 Main Street N.E. states that it was promised by the City of Columbia Heights to be park property (between 37th & 38th), and her family has played volleyball, football, and softball back there for several years. She would like to see it stay that way. Commission Member, Bill Peterson, stated that it's possible that the sale of Lomianki Park (between 37th & 38th Avenue) would allow for money to be put money back into the City parks. Motion by Niemeyer, second by B. Peterson to recommend that the current parkland status be eliminated to allow for future development, as this is consistent with the park section of the City Comprehensive Plan. All ayes, motion carded. Public Works Director/City Engineer, Kevin Hansen, reviewed the bids for the replacement of the Prestemon Park Backstop and addition of first and third baseline fencing. The backstop would eliminate foul balls from going onto residential property. The backstop bid range was between $9,100 and $12,250. The bid range for fencing for 3ra and 1st baseline would be between $2,600 and $4,400. Fencing along the 3ra & 1st baseline would protect people walking/running on the cement trail. Century Fence Co. was the low bid. Motion by B. Peterson, second by Mayer to recommend to the City Council the Century Fence Co. proposal, as this would be the most cost effective bid. All ayes, motion carded. PAGE THREE REPORTS: Recreation Director, Keith Windschitl, informed the Commission Members that the Heights Happenings went to the printer and will be distributed within the week. The summer brochure contains summer recreation programs as well as City information. Recreation Director, Keith JPM building but has been indicated that he would be Windschitl, stated that there has been continued leaking in the temporarily fixed by caulking the valleys and shingles. He contacting a roof consultant. Recreation Director, Keith Windschitl, informed the Commission Members that Adult Softball leagues have started. Monday, Tuesday, and Thursday night leagues are full. Commission Chairperson, Eileen Evans, asked when times would end for softball. Recreation Director, Keith Windschitl, stated that game times for Prestemon Park are at 6:00 & 7:00 p.m. and game times for Huset Park are 6:00, 7:00, 8:00, & 9:00 p.m. Commission Member, Scott Niemeyer, asked if anyone had heard about the Recreation Department taking over 8th grade sports. Recreation Director, Keith Windschitl, stated at the present time we have not heard of middle school cuts to sports. Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that we have had odd weather for cutting grass. The Public Works Department is down four people at the present time. He would like any complaints referring to lack of grass cutting be forwarded to either Kevin Hansen or Lauren McClanahan in the Public Works Department. He is also anticipating a good return for seasonal staff. Commission Chairperson, Eileen Evans, informed the Commission members that the Three Rivers Park District (formally Hennepin Co. Park District) purchased the Salvation Army Camp. Three Rivers Park District met with the City of Columbia Heights to get a feeling of what the City proposes to do with Silver Lake Beach and boat landing in the future. They want to know whether the City wants to maintain the beach and boat landing as it currently exists. There may be interest in coordinating the park into their park master plan. Commission Member, Scott Niemeyer, asked when construction would be started on Central Avenue (between 37th 8,: 43rd Avenue). Public Works Director/City Engineer, Kevin Hansen, informed the Commission Members that they are receiving bids until April 30th, and the construction is projected to start beginning to mid June with a substantial completion date by November 31st and final completion date of June' 15, 2003. PAGE FOUR Commission Member, Bill Peterson, asked who plants the flowers under most City signs. Commission Chairperson, Eileen Evans, stated that the Beautification Committee does most of the work. She also stated that the City is still looking for someone to maintain the flower garden at 37th & Stinson Blvd, as the Lion's Club will no longer be taking over the project, and that the City would like to put up a 'Welcome to Columbia Heights' sign somewhere in the vicinity of 53ra & Central Avenue if land can be acquired. Recreation Director, Keith Windschitl, informed the Commission Members that the fireworks show has been moved to Friday night following the parade. The fireworks display is normally held on Saturday night during the Columbia Heights Jamboree but the City will be hosting a concert that Saturday. A change has been made to the parade route due to Central Avenue construction. A map of this year's parade route is on the cover of the summer newsletter. ADJOURNMENT Meeting adjourned at 7:13 p.m. Tina Foss, Park and Recreation Commission Secretary COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES May 7, 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, Nancy Hoium, Barbara Miller, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the April 2, 2002, Board meeting as mailed. Bill list dated 5/13/02 was reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. Old Business: 1. The article from the Anoka County Library Director's Report of March/April 2002 addressing the failure of the automated circulation system was discussed. The draft of possible 75th Anniversary celebration ideas was reviewed. Possible slogans were discussed, and the Board finally decided on: "From Red Wagons to PC's: 75 Years of Service". Ideas for patron recognition by month were decided upon. Library cards used during the anniversary year will be marked with a 75th anniversary sticker. Other ideas were discussed. a. Becky interviewed Jeanette Sherohman, the daughter of Harriet Blythe who is credited with going out with a red wagon to collect book donations to start the library. Ms. Sherohman was very gracious and shared stories with Becky and allowed her to take digital pictures of some photographs of Jeanette as a young girl posing with her mother. Several maintenance items were completed during the month. The carpet was cleaned by Stanley Steemer, floor mats were cleaned, the water fountain on the main floor was repaired, front door locks were checked, and the fire extinguishers were serviced. 4. Cristy Tombarge started on April 8 as the Library Aide and is working the designated hours. 5. The building was re-appraised for insurance purposes on 4/I 1. Heights Theatre fundraiser of 4/21 was discussed. The turn out for the event was a little low, which was probably due to a combination of factors including the weather. No information on the amount raised is available at this time. The Library was one of the stops for the group for "Bring Your Child to Work Day" on 4/25. This year there was a large group of about 12 children who have parents working in other departments throughout the City. Interviews were conducted for the CHASE-funded Summer Program Aide. There were 38 applicants and 7 interviews were conducted. Staff is waiting for a reply from one of the candidates before an offer is made. 10. 11. 12. 13. The City-Wide open house will be held on May 22, from 4:00 to 7:00 p.m. The theme will be "Read & Bloom ~ Your Library". The library table will include a display and people who attend the open house can participate in a trivia contest to win prizes. Board members Catherine Vesley and Patricia Sowada will check their calendars to see if they are available to participate. Parade plans were discussed. The Board and those staff.willing to participate will comprise a walking unit. Participants are asked to wear their "library" t-shirt, shorts or slacks, and comfortable footwear. Catherine Vesley has volunteered the use of her car as the "support" vehicle and bookmarks will be distributed. The Parade route is altered this year due to construction on Central Avenue. The Board viewed the proposed route. Participants will still meet here at the library and proceed to the staging area on Washington St. Barbara Miller will provide the cooler, and Pat Sowada will purchase the ice and bottled water for those walking in the parade. It was moved, seconded, and passed to table the discussion of the revised Internet Policy Documents until the June meeting. A report on a follow up meeting with Dave Assmus was discussed. The potential redevelopment of the Mady's site was discussed. New Business: 1. Statistics for Summer Reading Club registrations by grade level for the last 4 years were reviewed and discussed. A meeting with the ISD//13 Media Specialists took place on 4/9. The decline in participation in summer reading club is considered a serious problem by both the school district and the library staff. This year Marsha and Kelly will be going to the schools in person to promote Summer Reading. One of the reasons there may have been a drop in numbers last year was due to scheduling problems in the classroom. A list of staffing cuts in the school district was reviewed. Budgeting problems they are experiencing will have an impact on library services also. 2. Thank you letter to Bob Profi for his generous donation of two copies of the Congressional Medal of Honor Winners was reviewed. 3. The Mayor's Prayer Breakfast will be held on Wednesday, May 15, 2002. The cost of tickets is $20.00. The Board was extended an invitation to attend if possible. 4. Letter from Hennepin County Commissioner Stenglein xvas reviewed. 5. A report from the Public Service Meeting was provided. No changes were made to the loan periods or cost of rental videos on the County level. 6. The library participated in both Tornado drills on 4/18. 7. The NEI building is currently on the market for sale. The condition of the building was discussed. The library has been the recipient of 3 cash donations this month. Two anonymous donations were received for $800.00 and for $50.00. The Immaculate Conception Charitable Gambling Committee donated $2,500.00. All donations were designated for the Children's Department. 9. The Board was asked to attend the City Council meeting of May 28 to formally accept the donation from Immaculate Conception. The only Board member available for that presentation is Catherine Vesley. 10. The library has received the items donated by the Friends of the Library, and a thank you letter was reviewed. 11. Several online resources are being cut. The resource called National Newspapers 5 will be cut in June. This resource provided access to 5 major newspapers including the NY Times and the Minneapolis Star/Tribune. 12. Employees in the Finance department are in the process of cleaning out a storage area at City Hall and have uncovered some accounting ledgers from the beginning of the City. These ledgers are hand written, and although some are too damaged to salvage, at least one so far can possibly be saved to add to the "historical" information being housed at the Library. There being no further business the meeting was adjourned at 8:35 p.m. Respectfully submitted, Je~anine 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. CHARTER COMMISSION MINUTES THURSDAY, APRIL 25, 2002 7 P.M. GAUVITTE ROOM JOHN P. MURZYN HALL CALL TO ORDER The meeting was called to order at 7:05 P.M. by President Tami Ericson. ROLL CALL Members present: Bill Antzaras, John Banyard, Bob Buboltz, Charles Christopherson, Mel Collova, Tami Ericson, Jim Fowler, Michael Hartel, Ted Landwehr, Tom Ramsdell, Joe Sturdevant, Members absent and excused: Janis Larson, Theresia Synowczynski Members absent and unexcused: Clara Schmidt Also present: Jim Hoefi, City Attorney; Carole Blowers, Recording Secretary; Council Liaison Bobby Williams; Councilmember Bruce Nawrocki, resident Harold Hoium. APPROVAL OF MINUTES Motion by Mike Hartel, seconded by Ted Landwehr, to approve the minutes of the January 17, 2002, meeting with the correction to reflect the correct spelling of the word "awkward" on page 2. Motion passed unanimously. Commissioner Banyard asked for handout information from the last meeting be sent to him. CORRESPONDENCE President Ericson stated she had received a phone call from a resident who expressed concern about how a vacancy on the City Council is filled. This resident wanted an election, not an appointment. further information was received by the President from this resident on this item. No The Recording Secretary had nothing to report. OLD BUSINESS Discussion was held on how the pros and cons would be provided to the public on each the referendum issues before the election. The following avenues were discussed: cable TV, flyers, inserts in water bills, information in the city newsletter, and information at the library and counters throughout the various city departments, a possible mailing to residents, holding a public forum in the late summer, providinginformation to reporters from the Northeaster and The Focus, and our city's website. It was also stated that Jean Kuehn, Special Projects Coordinator, does a monthly calendar show and perhaps it would be a great way for the President of the commission to provide the pros and cons of the proposed changes to the public. Commissioners all felt that we should get as many opportunities out there to the public as possible about these proposed changes. Jim Hoeft, City Attorney, stated that City Clerk, Bill Elrite, and he need to meet with the Anoka County Election Office about how the wording will be on the ballot for these referendum issues. He stated that since two sections of the charter are affected by the proposed change to the Powers of the Mayor and City Manager, they need to work out with the county how that can be combined, as it is really one issue. Jim also stated there will be an additional charge to the city because of the length of the wording on the ballot. Jim Hoeft stated that both the old and new language must be on the ballot. State Statutes authorize the Charter Commission to place these items on the ballot. It was questioned if the commission could and should have flyers at the voting places at the primary. was the general consensus that this would not be appropriate. Members positively concurred that perhaps a brief item could be included in the water bills, alerting citizens to the fact that there will be some referendum items on the ballot this fall and to look for further information. It Discussion was held on sending out a mailing to residents. It was estimated that such a mailing would probably cost around $2-3,000 to send out to 6-7,000 residents (with printing and envelopes). Councilmember Nawrocki stated that he supported a mailing that cited both the pros and cons. Another suggestion was to add a one-page insert to the Focus paper at possibly a $1,000 cost. It was questioned who would cover the cost of printing sheets. Some members did not feel a separate mailing would be useful, but felt we should prepare something for the water bills informing citizens that Charter issues will be going to be coming before them on the ballot. Councilmember Nawrocki suggested that Councilmember Williams make a recommendation to the City Council that citizens be notified (perhaps two times) via the water bills that these Charter issues will be on the ballot this fall, that articles should appear in the city newsletter, and a separate mailing to property owners should be done. Discussion was held on what we could have for handouts at the City Open House. It was felt that maybe an introductory statement listing a contact name/phone number for questions would be appropriate, and different colors of paper should be used for each section being revised that would show the current and proposed wording. Councilmember Nawrocki asked for clarification that these referendum items would be on the general election, not the primary election. President Ericson asked who would like to become members of a sub-committee who would work on the pros and cons of each referendum item. Mike Hartel, Ted Landwehr, Joe Sturdevant, Tami Ericson, and Bruce Nawrocki volunteered to serve on this sub-committee. Ted Landwehr was asked if he could start working on some pros and cons for a meeting possibly in May. (Please note: Commissioner Clara Schmidt was absent at tonight's meeting. She volunteered for this sub-committee also when she was informed about it after this meeting.) NEW BUSINESS Status of Membership of the Commission With the resignation of Brian Peterson, the commission still has fourteen members. This opening has been advertised on the city's website. To date, there have been applications sent to the Chief Judge, and the judge has not acted on an appointment or returned phone calls to the President. Creation of E-Mail Address List for Charter Commission Members President Ericson asked members to sign a sheet that was circulated to indicate their e-mail addresses if they wished to share that information. She informed members that e-mail was not going to be a substitute for the regular mailing of agendas and minutes, but rather a quick way to send messages who have e-mail. City Open House The City Open House will be May 22, 2002, from 4 to 7 p.m. The Recording Secretary had prepared a draft one-page article about the Charter Commission for members' review. Copies of this article will be made and available at the open house. As stated above, there will also be copies of each charter amendment (with current reading and proposed reading) for the public to have. It was decided that a pros/cons sheet for each amendment would not be available by the time of the Open House. Page 2 of 4 Pages 4-25-02 A sheet was sent around to all members to sign up for being at the Open House in one-hour shifts, beginning at 4 p.m. Commissioners Ramsdell and Ericson signed up to be there from 4-5 p.m.; Commissioners Hartel and Buboltz signed up to be there from 5-6 p.m.; and Commissioners Sturdevant, Christopherson, Landwehr, and Fowler signed up to be there from 6-7 p.m. Third Annual Prayer Breakfast President Ericson-reminded members that everyone received invitations in their packets to attend the third annual Mayor's Prayer Breakfast, which will be May 15, 2002, at 7 a.m. at Murzyn Hall. Commissioner Fowler left the meeting at approximately 8:30 p.m. ADDITIONAL BUSINESS After further review of some sections of the Charter, Councilmember Nawrocki advised the commission that Chapter 6, Section 53 also referred to the duties of the Ci.ty Manager/Mayor but is not included as a referendum issue by the Charter Commission. In further reviewing the chapters pertaining to duties of the City Manager and Mayor, some commission members felt that no changes should be made to Chapter 2, Section 11, but that a change should be made to Chapter 6, Section 53. Councilmember Williams should explain to the council the reasoning for this action. There was considerable discussion by members if changes should be made to Chapter 2, Section 11 AND Chapter 6, Section 53, keeping in mind the time left before elections. Motion was made by Mel Collova, seconded by Tom Ramsdell, to make the following suggested change to Chapter 6, Section 53, Powers and Duties of the City Manager, and to consider this our first reading: Section 53. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, ~ ....... ~-~' '*'~ city manager's powers and duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the departments, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council .... (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council. Motion passed: 9 yes, 1 no, 0 abstaining. Page 3 of 4 Pages 4-25 -02 It was then discussed if a special Charter Commission meeting should be set in May. It was decided to hold a special meeting on May 23rd at 7 p.m. at Murzyn Hall. The commission will hold its second reading on this proposed change For Chapter 6, Section 53, at that special meeting on May 23rd. NEXT MEETING DATE A special Charter Commission meeting was set for Thursday, May 23rd, at 7 p.m. at Murzyn Hall. The next regularly scheduled meeting will be Thursday, July 18, 2002, at 7 p.m. at Murzyn Hall. ADJOURNMENT Motion by Ted Landwehr, seconded by Charles Christopherson to adjourn the meeting at 8:35 p.m. Respectfully submitted, lowe Recording Secretary Page 4 of 4 Pages 4-25-02