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HomeMy WebLinkAboutFebruary 25, 2002 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR CITY COUNCIL MEETING FEBRUARY 25, 2002 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, February 25, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN Pastor Dan Thompson, Assembly of God Church, gave the Invocation. Peterson thanked all the clergy of the community for the wonderful work they do. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Council member Szurek, Council member Wyckoff, Council member Williams. Absent: Council member Nawrocki. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Recognition of Lee Chandler, Promotional Director of the new Semi-Pro team: Minnesota Federals. Peterson stated that the first of five home games for this new semi-pro team would be held at the Columbia Heights High School Football field on June 1, 2002.This will be their home field. Lee Chandler, present to represent the MN federals football team, stated he just recently formed the organization. He introduced Coach Chris King, who started the core of the team four years ago. King stated the team members are recruited from all over the State of Minnesota. The League is call the Great Plains Semi-Pro Football League, and is full contact with ten teams in the league. Williams stated that Chandler is a Columbia Heights resident. Chandler stated this is an opportunity to promote our town to other cities. Williams stated how important this is to our community and will bring in people from all over the region. Peterson stated this would be publicized on our cable channel. Chandler will forward information to the City for promotional purposes. He has already received sponsorship from four local businesses. Wyckoff asked if players get a salary and if they have other jobs. King stated they play for love of the game, as the are not paid and will have to buy their own equipment. He is a sixth grade teacher, and gave his coaching background. The team will have a coaching staff of eight people. Team practices will be Tuesday and Thursday nights from 6:30 to 9:30 p.m., and games will be played on Saturdays. Peterson stated this is a sports minded town and feels the community will support the team. Peterson wished them the best of luck. CONSENT AGENDA Motion by Szurek, second by Williams, to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION to approve the minutes of the February 11, 2002, regular City Council meeting as presented. City Council Minutes February 25, 2002 Page 2 of 9 2) Adopt Resolution No. 2002-12, being a Resolution calling for a Public Improvement Hearing for Central Avenue Water Services and Streetscaping Improvements Project No. 99-12A. MOTION to waive the reading of Resolution No. 2002-12, there being ample copies available to the public. MOTION to adopt Resolution No. 2002-12, being a Resolution calling for a Public Improvement Hearing on March 18, 2002 at 7:00 p.m., City Council Chambers, for the Central Avenue Water Services and Streetscaping improvements, Project 9912A. RESOLUTION NO. 2002-12 BEING A RESOLUTION CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR CENTRAL AVENUE WATER SERVICES AND STREETSCAPING IMPROVEMENTS - PROJECT 9912A WHEREAS , pursuant to Resolution 2001-04, adopted by the City Council on January 22, 2001, a report has been prepared by Mr. Kevin Hansen, City Engineer, with reference to the following improvements: CITY PROJECT 9912A: CENTRAL AVENUE WATER SERVICES AND STREETSCAPING THRD IMPROVEMENTS FROM 37 AVENUE TO 43 AVENUES th and this report was received by the Council on March 12, 2001, but postponed due to project development issues, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (frontage and/or parcel unit) as well as non-abutting property (frontage basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $895,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed th improvements on March 18, 2002, in the Council Chambers located at 590 40 Avenue N.E. at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. 3) Establish Work Session Meeting Dates for: Monday, March 4, 2002 following the 7:00 p.m. Zone 6A Improvement Hearing and Monday, March 18, 2002 following the Central Avenue Improvement Hearing at 7:00 p.m. MOTION to establish Work Session meeting dates for: Monday, March 4, 2002 following the 7:00 p.m. Zone 6A Improvement Hearing in the City Council Chambers, and Monday, March 18, 2002 immediately following the 7:00 p.m. Central Avenue Improvement Hearing in the City Council chambers. 4) Approve Sanction of Taste of Columbia Heights MOTION that the Taste of Columbia Heights be classified as a City sanctioned event for staff participation, insurance, and other purposes. City Council Minutes February 25, 2002 Page 3 of 9 Fehst stated this is the Second Annual Taste of Columbia Heights event. Wyckoff stated it would be held March 24, 2002, at Murzyn Hall, from 4:00 to 8:00 p.m. 5) Adopt Resolution 2002-14, being a Resolution in support for the Northstar Commuter Rail Project Cities with Stations MOTION to waive the reading of Resolution No.2002-14, there being ample copies available to the public. MOTION to adopt Resolution No. 2002-14, being a Resolution in support for the Northstar Commuter Rail Project Cities with Stations. Fehst stated that this is an update of the resolution passed about four years ago. The Northstar Corridor Development Authority is asking for additional support from the State for the rail line from St. Cloud to Minneapolis. RESOLUTION NO. 2002-14 BEING A RESOLUTION IN SUPPORT FOR THE NORTHSTAR COMMUTER RAIL PROJECT CITIES WITH STATIONS Whereas, the City of Columbia Heights is a member of the Northstar Corridor Development Authority, established by Joint Powers Agreement in 1997; and Whereas, demographic projections indicate that growth patterns and traffic congestion in both the Twin Cities metropolitan area and the Northstar Corridor will increase dramatically in the next 20 years; and Whereas, the City of Columbia Heights supports Northstar commuter rail from Minneapolis to the St. Cloud/Rice area to help relieve pressure on an overburdened state highway system; and Whereas, the Northstar Corridor commuter rail project, when completed, will provide greater access to and from the City of Columbia Heights, allowing our residents to commute to and from jobs reliably and safely; and Whereas, Northstar Corridor commuter rail will provide a viable transportation alternative for City of Columbia Heights senior citizens on fixed incomes, students, and those with disabilities; and Whereas, the Hiawatha and bus connections will allow City of Columbia Heights residents access to other parts of the Twin Cities, such as the Minneapolis/St. Paul International Airport, Mall of America, and the University of Minnesota; and Whereas, City of Columbia Heights has endorsed the proposed station location by its approval of the Advanced Corridor Plan; and Whereas, the commuter rail station will provide the City of Columbia Heights with a focal point for transit oriented development and the opportunity to contain urban sprawl; and Whereas, the City of Columbia Heights’ ongoing support for the Northstar Commuter Rail Project has been demonstrated by its active involvement in the Northstar Corridor Development Authority since 1997; Now, therefore, be it resolved that the City of Columbia Heights hereby reaffirms its support for the Northstar Commuter Rail Project; City Council Minutes February 25, 2002 Page 4 of 9 Now, therefore, be it further resolved, that the City of Columbia Heights requests that the Minnesota Legislature authorize $120 million in state bonds to provide a match for the Northstar Corridor Commuter Rail Project. 6) Approve Business License Applications MOTION to approve the items as listed on the business license agenda for February 25, 2002 as presented. 7) Approve Payment of Bills MOTION to approve payment of the bills, as listed, out of the proper fund. Motion carried. Upon vote: All ayes. PUBLIC HEARINGS Public Hearing called for Revocation/Suspension of Rental Housing License at 4610 Fillmore Street. Mayor Peterson closed the Public Hearing, as all deficiencies have been corrected inside the building and the owner has received an extension to complete the work on the outside of the building. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Adopt Resolution No. 2002-10, Rate Order – Basic Programming Rates and Resolution No. 2002-11, Rate Order – Equipment and Installation Rates Steve Guzzetta, Creighton, Bradley and Guzzetta LLC, Attorney for the Telecommunications Commission, stated that under federal law the city regulates basic cable service, installation and equipment rates. Forms 1240 and 1205 for rate increases were filed by AT&T Broadband last March and implemented in July 2001. He stated that Ashpaugh and Sculco, CPAs, PLC were retained to analyze the rate filing to determine compliance with FCC rules. Discussions were held, whereby AT&T Broadband agreed to decrease the maximum permitted basic service rate by eight cents and to charge a monthly addressable and digital converter rate that does not exceed the company’s national average rate reducing the maximum charge by over $2.00. Guzzetta stated this would reduce the maximum rate to $4.25. Wyckoff asked for this information in layman’s terms. Guzzetta stated this would probably not affect rates significantly, as the provider tends to not operate at the maximum rate allowed. However, the maximum rate has been reduced by $.08. Williams referred to competition from Direct TV. Guzzetta stated that they are not regulated by the FCC and probably will not affect our rates. Guzzetta stated that we are trying to regulate the maximum fee. Wyckoff asked how often this is done. Guzzetta stated it is done yearly. Peterson indicated the resolutions reflect the Cable Commission’s recommendation. MOTION by Williams, second by Szurek, to waive the reading of Resolution No. 2002-10, there Motion carried. being ample copies available to the public. Upon vote: All ayes. MOTION by Williams, second by Szurek, to adopt Resolution No. 2002-10, being an Order Regarding the Maximum Permitted Basic Programming Service Rate Set Forth in the Federal Communications Form 1240 Filed by AT&T Broadband on or about March 1, 2001. Upon vote: all Motion carried. ayes. City Council Minutes February 25, 2002 Page 5 of 9 RESOLUTION NO. 2002-10 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2001 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the “City”) is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter “FCC”); and WHEREAS, MediaOne North Central Communications Corp. d/b/a AT&T Broadband (hereinafter “AT&T”) filed with the City an FCC Form 1240 “Updating Maximum Permitted Rates for Regulated Cable Services” (hereinafter the “2001 FCC Form 1240”), dated March 1, 2001, purporting to set forth and justify the rate it proposed to charge to subscribers in the City for basic cable service; and WHEREAS, the City’s legal counsel retained Ashpaugh & Sculco, CPA’s, PLC (hereinafter “A&S”) to assist the City in reviewing and analyzing AT&T’s 2001 FCC Form 1240; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1240, and held a public hearing to solicit the views of interested persons; and WHEREAS, City staff and AT&T have resolved all outstanding issues arising out of the review and analysis of the 2001 FCC Form 1240; and WHEREAS, the rate set forth herein will govern AT&T’s basic service rate until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved by the City Council of the City of Columbia Heights: 1. AT&T’s maximum permitted rate for basic cable service, as calculated in the 2001 FCC Form 1240, is hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rate set herein, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.932, or as otherwise expressly permitted under applicable law and regulations. 3. AT&T may charge rates less than the maximum permitted rate indicated above for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. 4. In its next FCC Form 1240, which will be filed with the City on or about March 1, 2002, AT&T agrees to subtract 8 cents from the maximum permitted basic service rate that could otherwise lawfully be calculated. 5. This Order is based on the representations of AT&T. Should information come to the City’s attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City disagrees with the findings and analyses set forth in the January 29, 2002, report prepared by A&S. City Council Minutes February 25, 2002 Page 6 of 9 6. The City reserves all of its rights with respect to rate regulation. 7. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 8. This Order shall be effective immediately upon its approval by the City. 9. This Order shall be released to the public and to AT&T, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). MOTION by Williams, second by Wyckoff, to waive the reading of Resolution No. 2002-11, there Motion carried. being ample copies available to the public. Upon vote: All ayes. MOTION by Szurek, second by Wyckoff, adopt Resolution No. 2002-11, being an Order Regarding the Maximum Permitted Equipment and Installation Rates Set Forth in the Federal Communications Commission Form 1205 Filed by AT&T Broadband on or about March 1, 2001. Upon vote: All ayes. Motion carried. RESOLUTION NO. 2002-11 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2001 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the “City”) is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter “FCC”); and WHEREAS, MediaOne North Central Communications Corp. d/b/a AT&T Broadband (hereinafter “AT&T”) filed with the City an FCC Form 1205 “Determining Regulated Equipment and Installation Costs, ‘Equipment Form’” (hereinafter the “2001 FCC Form 1205”), dated March 1, 2001, purporting to set forth and justify the rates it proposed to charge to subscribers in the City for equipment and installations; and WHEREAS, the City’s legal counsel retained Ashpaugh & Sculco, CPA’s, PLC (hereinafter “A&S”) to assist the City in reviewing and analyzing AT&T’s 2001 FCC Form 1205; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1205, and held a public hearing to solicit the views of interested persons; and WHEREAS, City staff and AT&T have resolved all outstanding issues arising out of the review and analysis of the 2001 FCC Form 1205; and WHEREAS, the rates set forth herein will govern AT&T’s equipment rates and installation charges until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved by the City Council of the City of Columbia Heights, Minnesota: City Council Minutes February 25, 2002 Page 7 of 9 1. AT&T’s operator selected rates and charges for equipment and installation, as calculated in the 2001 FCC Form 1205, are hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rates set in the 2001 FCC Form 1205. 3. AT&T may charge rates less than the maximum permitted rates indicated in the 2001 FCC Form 1205 for equipment and installation, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. 4. Notwithstanding paragraphs 2 and 3, nothing in this Order shall be construed as a finding that the City has accepted AT&T’s filed maximum permissible equipment rates and installation charges as correct. 5. For the period from July 1, 2002, through and including June 30, 2003, AT&T shall charge a monthly “all other converter rate” (addressable and digital converters) that does not exceed AT&T’s national average rate for addressable and digital converters. This requirement will be met to the extent that the local “all other converter rate” in the City does not vary by more than $0.05 above the national average. 6. This Order is based on the representations of AT&T. Should information come to the City’s attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City disagrees with the findings and analyses set forth in the January 29, 2002, report prepared by A&S. 7. The City reserves all of its rights with respect to rate regulation. 8. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 9. This Order shall be effective immediately upon its approval by the City. 10. This Order shall be released to the public and to AT&T, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Bid Considerations – none Other Business Approve the process of selecting a Development Consultant to assist the City/EDA in preparing a Detailed Request For Proposal (RFP) Fehst referred to the number one goal of the City Council to work on industrial redevelopment. Fehst referred to meetings held and the recommendation of the Economic Development Authority (EDA) to select a firm to work with immediately on a planning grant and Phase I. Fehst stated that we would like to partner with a capable developer to decide what would be best for our industrial area. They would make recommendations for marketable projects. This process would invite companies to come in and state what they do and how they could aid us in our development process. Fehst stated that Request for Proposals (RFP’s) would still be an option. Peterson asked the cost. Fehst stated there may be no cost, as funding may be received from Anoka County. Fehst stated that County Commissioner Kordiak indicated they would to get us some help. $90,000 was requested, and we hope to receive $50,000 to $60,000. City Council Minutes February 25, 2002 Page 8 of 9 MOTION by Williams, second by Szurek, to approve the process of selecting a Development Consultant to assist the City/EDA in preparing a Detailed Request for Proposal (RFP) seeking developers for the redevelopment of designated Commercial and Industrial areas; and furthermore, to authorize staff to coordinate the Request for Qualification (RFQ) process for the City Council to Motion carried. evaluate and select such consultants. Upon vote: All ayes. ADMINISTRATIVE REPORTS Report of the City Manager st Fehst referred to the Heights Theater Grand Gala Illuminati, scheduled for Friday, March 1, at 8:30 p.m. when a two story vertical replica sign will be lit. Fehst listed dignitaries that are to be present. Fehst also stated that beginning Friday, Act Two Popcorn would try for a Guinness record at the theater for consecutive hours watching movies in the theater. Upcoming Work Session Items: · Professional Services Agreement with URS/BRW for construction administration for the Central Avenue Street, Utility and Streetscaping Improvement Project, City Project 9912 and 9912A · Purchase of a new refurbished ambulance · Lomianki development update. Fehst stated he would attend the League of Minnesota Cities Legislative Conference on February 28, 2002. Fehst referred to the Governor’s budget proposal versus the Legislature’s proposal. Fehst indicated that the “wine in grocery stores” issue is dead for the rest of this year. Wyckoff asked if we had spent money lobbying against wine in grocery stores. Fehst stated no. Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions Meeting of the January 15, 2002, Economic Development Authority Meeting of the January 15, 2002, Housing and Redevelopment Authority Meeting of the February 5, 2002 Public Library Board of Trustees Peterson read the e-mail from the Heights Theater about Eleanor Sledz, resident, who was the original st ticket clerk at theater. She will throw the switch that lights their new sign on March 1. He indicated that participants in the Guinness movie watching event must be awake for the 52 hours. Fehst listed the time and movies to be played. Wyckoff stated that the Historical Society is currently collecting oral histories about the Heights Theater. CITIZENS FORUM Jim Sarna, Sarna’s Tobacco Shoppe, 4329 Central Avenue NE, was present regarding the license request for a new smoke shop at 4301B Central Avenue. Szurek stated she did not want to see tobacco stores close together, and did not approve of them at all. Fehst stated that a moratorium could be put in place regarding these types of businesses. Peterson questioned Jim Hoeft, City Attorney, on the City’s options. Hoeft stated the City Planner did a review of this use and everything meets current code requirements. He indicated it would be difficult to impose a moratorium and include someone that has already applied for a license. Fehst stated this is the same owner as the tobacco store in Hilltop. Wyckoff stated she is also against tobacco shops. Hoeft stated City Council Minutes February 25, 2002 Page 9 of 9 that to impose a moratorium there would need to be a reason or to conduct a study. Fehst stated that Minneapolis has a separate zone for these types of businesses. Currently, there are about 28 tobacco licenses, but most are at gas stations. Hoeft stated that resources are better spent planning for future requests. Sarna agreed that with the present code, the City could not deny the request, but wanted it noted this is only about 50 yards away from his business. Wyckoff listed currently limited types of businesses. Fehst stated that Council could also look at limitations for tobacco businesses. Sarna stated their efforts to not sell tobacco products to youths. Peterson asked that be discussed at a work session. Deb Johnson, 4630 Pierce Street, asked how the public can know what licenses are being approved. Fehst stated that most items are routine yearly renewals and that unusual items are listed in the Council cover letter. Fehst stated that new businesses could be announced with the consent agenda. Johnson asked that they be listed in the consent agenda. Fehst indicated the license requests could be available with the copies of resolutions and ordinances outside of the City Council chambers. Peterson asked that this information be added as a scroll to the agenda on the City cable channel. COUNCIL CORNER Peterson invited the students present to introduce themselves. th Wyckoff reminded everyone that the “Taste of Heights” would be Sunday, March 24 from 4:00 p.m. to 8:00 p.m., featuring six restaurants, and posters by high school students will be displayed. Wyckoff referred to a newspaper article on a multi-million dollar project in Edina by Ron Clark. Wyckoff stated that she had spoken to Mr. Clark regarding upgrading his strip mall in Columbia Heights, with no results. She felt that if he could do this project in Edina that he could be more creative in Columbia Heights. Wyckoff stated she is beginning a new part time job as a tour guide at the State Capitol. She gave a quote by President Lincoln and referred to the quotes in the capitol building. Williams also read a quote by President Lincoln. Williams spoke of the City goal to look at options for Parkview Villa South, of which he said we have invested $2.5 million for 50 residents to live and have no return on this investment. Szurek reminded everyone to pray for members of our armed forces and keep them in our thoughts. ADJOURNMENT Mayor Peterson stated, “Don’t take ourselves to seriously, enjoy life and do a random act of kindness”. Mayor Peterson adjourned the meeting at 8:43 p.m. ________________________________ Patricia Muscovitz, Deputy City Clerk