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November 13, 2001 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us ADMINISTRATION November 9, 2001 Mayor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrockt' Robert A. Williams Cib/ Manager Waiter R. Fehst The following is the agenda for the regular meeting of thc City Council to be held at 7:00 p.m. on Tuesday, November 13, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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) CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items arc 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 of October 22, 24, 29 and November 5 a) MOTION: Move to approve the minutes of the October 22, 2001, regular City Council meeting as presented. b) MOTION: Move to approve the minutes of the October 24, 2001, special City Council meeting as presented. c) MOTION: Move to approve the minutes of the October 29, 2001, special City Council meeting as presented. d) MOTION: Move to approve the minutes of the November 5, 2001, special City Council meeting as presented. 2) Authorize purchase of yearly microfilm subscription to the Star/Tribune MOTION: Move to authorize purchase of yearly microfilm subscription to the Star/Tribune from the authorized, proprietary company producing it. 3) Adopt Resolution 2001-67, being a resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2002 MOTION: Move to waive the reading of Resolution No. 2001-67, there being ample copies available to the public. 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 November 13, 2001 Page 2 of 5 MOTION: Move to adopt Resolution 2001-67, being a resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2002. 4) Authorize School District #13 Joint Powers Agreement for School Liaison Officer MOTION: Move to authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 4, 2001, through June 6, 2002. 5) Adopt Resolution No. 2001-65, being a resolution establishing amount of City Share and Amount of Special Assessments on Projects to be levied. MOTION: Move to waive the reading of Resolution No. 2001-65, there being ample copies available to the public. MOTION: Move to adopt Resoluti°n No. 2001-65, being a Resolution establishing amount of City Share and Amount of Special Assessments on projects to be levied. 6) Direct letter to State Charitable Gambling Control Board for renewal of Class B Charitable gambling license for VFW Post #230, 4446 Central Avenue, and waive remainder of the sixty-day notice. MOTION: 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 VFW Post #230, 4446 Central Avenue NE, Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local governing body. 7) Establish a Heating Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 4600 Polk St, 4616 Tyler St, 3849 Edgemore P1, and 4201 6th St. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Lee at 4600 Polk Street NE. RECOMMENDED MOTION: Move to Establish a Heating Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 Tyler Street. RECOMMENDED MOTION: Move to Establish a Heating Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Marlo Valtierrez at 3849 Edgemore Place NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Zarembski at 4201 6th Street NE. 8) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for November 13, 2001 as presented. 9) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. City Council Agenda November 13, 2001 Page 3 of 5 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations B) Presentations 1) Appreciation award from Lomianki, our Sister City - Wally Logacz C) Introduction of New Employees 1) Cheray Olson, Police Support Services Supervisor D) Recognition e PUBLIC HEARINGS A) Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4600 Polk Street MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Richard Lee regarding rental property at 4600 Polk Street until such time all interested parties can be properly notified. B) Close the Public Heating for Revocation/Suspension of Rental Housing License at 5045 4t~ Street. MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by David Wiger regarding rental property at 5045 4th Street in that the property is in compliance with the Residential Maintenance Code. c) Revocation of Rental Housing License for 4622 Tyler Street MOTION: Move to waive the reading of Resolution No. 2001- the public. , there being ample copies available to MOTION: Move to adopt Resolution No. 2001- , being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by Syed Raza regarding rental property at 4622 Tyler Street. D) Re-Issue Rental Housing License after Revocation at 1024-1026 45th Avenue. MOTION: Move to issue a Rental Housing License to Raymond Buganski Jr. to operate the Rental Property located at 1024-1026 45th Avenue in that the provisions of the Residential Maintenance Code have been complied with. E) Revocation of Rental Housing License for 4919-4921 Jackson Street MOTION: Move to waive the reading of Resolution No. 2001- , there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001- , being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by Michael Johnson regarding rental property at 4919-4921 Jackson Street. F) Revocation of Rental Housing License for 4536-4538 7th Street MOTION: Move to waive the reading of Resolution No. 2001- the public. , there being ample copies available to MOTION: Move to adopt Resolution No. 2001- , being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by Donald Ferry regarding rental property at 4536-4538 7th Street. City Council Agenda November 13,2001 Page 4 of 5 G) Revocation of Rental Housing License for 4040-4042 Cleveland Street MOTION: Move to waive the reading of Resolution No. 2001- , there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001- , being a Resolution of the City Council of the City of Columbia Heights approving Revocation pursuant to Ordinance Code section 5A.408(1) of the Rental License held by David Jacobs/Susan Loewenthal regarding rental property at 4040-4042 Cleveland Street. I-I) Cable Rates MOTION: Move to close the public hearing, as interested parties have had an opportunity to express their views on the basic programming and equipment rates and installation charges AT&T Broadband calculated in its March 2001, rate filing and implemented in July, 2001. e ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations 1) Adopt Resolution No. 2001-69 being a resolution awarding the 2001 Sanitary Sewer Lining Project. MOTION: Move to waive the reading of Resolution No. 2001-69, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-69, accepting bids and awarding the 2001 Sanitary Sewer Lining Project #0103 and #0104 to Lametti and Sons, of Hugo, MN, based upon their low, qualified, responsible bid in the amount of $56,540.00; with $35,100.00 to be appropriated fi.om Fund 652-50103-5130 (3rd Street) and $21,440.00 to be appropriated from Fund 652-50104-5130 (45th Avenue); and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 2) Authorize Change Order #2 to Sunram Construction for City Project 9818 Jefferson Divide Retaining Wall MOTION: Move to authorize Change Order No. 2 for City Project 9818, Jefferson Divide Retaining Wall, to Sunram Construction, Inc. in an amount not-to-exceed $4,500 for the addition of a 60-inch vinyl coated chain link fence on the north wall, north of the pedestrian walk. C) Other Business 1) Maintenance of HVAC systems at all City buildings MOTION: Move to approve a six year agreement with Honeywell for the provision of equipment maintenance services as listed; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attomey e GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the September 18, 2001 Economic Development Authority 2) Meeting of the October 2, 2001 Public Library Board of Trustees City Council Agenda November 13,2001 Page 5 of 5 3) Meeting of the October 2, 2001 Library Board/City Council Budget Meeting 4) Meeting of the October 18, 2001 Telecommunications Commission 5) Meeting of the October 24, 2001 Park and Recreation Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. Citizens are requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. COUNCIL CORNER 12. ADJOURNMENT Walter R. F~h~t, City'Manager WF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING OCTOBER 22, 2001 The following are the minutes for the regular meeting of the City Council held at 7:00 p.m. on Monday, October 22, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. Invocation: Rev. Dr. Peter Law, Community Methodist Peterson introduced Reverend Dr. Peter Law, of Community Methodist Church. Dr. Law led the invocation. CALL TO ORDER/ROLL CALL Mayor Peterson called the meeting to order at 7:08 p.m. Roll call: Present - Mayor Peterson, Councilmembers Marlaine Szurek, Julienne Wyckoff, Bruce Nawrocki and Bobbie Williams. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Nawrocki asked to respond to comments regarding Dave's Refrigeration. Upon vote: All ayes. Item added to the agenda. Williams asked to respond to attempts at division in our city and discuss unity of the city. Upon vote: All ayes. Item added to the agenda. Wyckoff mentioned the passing of Donna Ingvarsson, who was a past president of the Library Board. Williams mentioned the passing of Peter Denovick, the first Columbia Heights high school athletic coach, in pre-WorM War II. Peterson stated Mr. Denovick had been enshrined in the Columbia Heights Hall of Fame. Peterson mentioned the passing of Marie Mickelson, who was involved in the Boosters and Hockey Association. 1. CONSENT AGENDA Walt Fehst, City Manager, presented the consent agenda items as follows: A) 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 October 8, 2001, regular City Council meeting as presented and corrected. 2) Establish Thursday, November 29, 2001 at 5:30 p.m. for a joint meeting with the cities of Hilltop, Fridley, and Columbia Heights. Motion to establish Thursday, November 29, 2001 at 5:30 p.m. for a joint meeting with the cities of Hilltop, Fridley, and Columbia Heights. Fehst stated this also includes the school district. County Commissioner Kordiak will be invited. Nawrocki indicated there would be a meeting of the historical society at 6:30p. m. that evening. City Council Minutes October 22, 2001 Page 2 of 12 Wyckoff stated she could attend the first hour of the joint meeting. Fehst will ask that city items be addressed first. 3) Establish Special City Council meeting date of Wednesday, October 24, 2001 at 6:00 p.m. in the Council Chambers, to award the bid for the City Hall roof renovation project. Motion to establish a special City Council meeting date of Wednesday, October 24, 2001 beginning at 6:00 p.m., in the Council Chambers, to award the bid for the City Hall roof renovation project. Fehst stated that a 7: OO p. m. budget hearing at Murzyn Hall would follow this meeting. The roof repair bids would be opened at 2:00p. m. on October 24tn. He is also working with Honeywell on replacement cost of the HVAC system, and may have information available at this meeting. 4) Establish Public Hearing - Cable Rates Motion to establish a public hearing date of Tuesday, November 13, 2001, at 7:00 p.m., or as soon thereafter as possible, to permit interested persons an opportunity to express their views on the basic service programming and equipment rates and installation charges AT&T Broadband calculated in its March 2001 rate filing and implemented in July 2001. Nawrocki stated that the Telecommunications Commission recommended this action at their last meeting. 5) Adopt Resolution No. 2001-58, being a Resolution to certify delinquent assessments to Anoka County for collection with the Property taxes payable to 2002. Fehst stated that delinquent assessments include items such as road repairs, and water and sewer bills that have not been paid. Motion to waive the reading of Resolution No. 2001-58, there being ample copies available to the public. Motion to adopt Resolution 2001-58, being a Resolution to certify delinquent assessments to Anoka County for collection with the Property taxes payable in 2002. RESOLUTION NO. 2001 - 58 CERTIFICATION OF DELINQUENT ASSESSMENTS BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that THE COUNTY AUDITOR be, and he is hereby directed, to levy the delinquent special assessments, delinquent utility, and miscellaneous abatement and delinquent bills on the properties in the City of Columbia Heights as submitted on the attached pages and filed in the Assessment Book for 2001 totaling $71,542.58. BE IT FURTHER RESOLVED that the foregoing amounts shall be included in the individual property tax statements for the current year and identified thereon as "Special Assessments - Fund #83206. SAID LEVIES shall be enforced and collected in the manner provided for the enforcement and collection of State and County taxes under and in accordance with the provisions of the general laws of the State. All assessments with penalties and interest as indicated thereon paid to the County Treasurer shall belong to the City of Columbia Heights and shall be turned over to the City Treasurer in the manner provided by the City Charter and Ordinances. THE CITY OF COLUMBIA HEIGHTS shall accept payments on these levies until October 16, 2001. Upon receipt of said payments the City will remove them from the certification list sent to Anoka County. City Council Minutes October 22, 2001 Page 3 of 12 Passed this 22nd day of October 2001. Offered by: Nawrocki Seconded by: Wyckoff Roll Call: All ayes - Peterson, Williams, Szurek, Wyckoff, Nawrocki 6) Adopt Resolution No. 2001-60, being a resolution electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act Fehst stated that the City has participated in this prograrn about eight years. A $575,000 grant was received toward the project on 42n~ and Central. Motion to waive the reading of Resolution No. 2001-60, there being ample copies available to the public. Motion to adopt Resolution No. 2001-60, being a Resolution of the Columbia Heights City Council electing to continue participating in the local housing incentives account program under the Metropolitan Livable Communities Act. RESOLUTION 2001-60 BEING A RESOLUTION OF THE COLUMBIA HEIGHTS CITY COUNCIL ELECTING TO CONTINUE PARTICIPATING IN TltF~ LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes Section 473.25 to 473.254) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes Section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentive Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes Section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals through preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life-cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 2002, a metropolitan area municipality that participated in the Local Housing Incentive Account Program during the calendar year 2001, can continue to participate under Minnesota Statutes Section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Account Program City Council Minutes October 22, 2001 Page 4 of 12 by November 15, 2001; and (b) the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality: NOW, THEREFORE BE IT RESOLVED that the Columbia Heights City Council hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 2002. Passed this 22nd day of October 2001. Offered by: Nawrocki Seconded by: Wyckoff Roll Call: All ayes - Peterson, Szurek, Wyckoff, Nawrocki, Williams 7) Adopt Resolution No. 2001-64, being a Resolution rescinding the redevelopment project housing Tax Increment Financing District No. 2 and its related Tax Increment Financing Plan Fehst stated the former Community Development Director was contacted to determine that the developer never signed the agreement, and therefore, this district was never registered at the county. Motion to waive the reading of Resolution No.2001-64, there being ample copies available to the public. Motion to adopt Resolution No. 2001-64, being a Resolution rescinding the redevelopment project housing Tax Increment Financing District No. 2 and its related Tax Increment Financing Plan. RESOLUTION NO. 2001-64 RESOLUTION RESCINDING THE REDEVELOPMENT PROJECT HOUSING TAX INCREMENT FINANCING DISTRICT NO. 2 AND ITS RELATED TAX INCREMENT FINANCING PLAN WHEREAS, it has been recommended by the Board of Commissioners of the Economic Development Authority (the "EDA") for the City of Columbia Heights ("the City"), pursuant to EDA Resolution No. 2001-16 which is hereby incorporated by reference, that the City rescind, revoke, and annul Housing Tax Increment Financing District No. 2 (the "District") and its related Tax Increment Financing Plan (the "Plan"). WHEREAS, the EDA previously adopted the Central Business District Redevelopment Project and Redevelopment Plan thereof. WHEREAS, by Resolution, dated October 21, 1997, the EDA adopted the District and its related Plan; and WHEREAS, a copy of the District and its related Plan were not sent to the Anoka County Auditor and the District was therefore not certified by the County; and WHEREAS, a copy of the District and its related Plan was not sent to the Minnesota Department of Revenue; and WHEREAS, the development foreseen by the Plan is not likely to occur as set forth in the Plan. WHEREAS, it is found and determined by the City that the findings and determinations of EDA Resolution No. 2001- 16 are incorporated by reference. NOW, THEREFORE, BE IT RESOLVED by the Board as follows: 1. The City hereby rescinds, revokes and annuls Resolution No. 97-58, adopting the District and its related Plan. 2. The District is hereby dissolved and the plan rescinded, revoked and annulled. City Council Minutes October 22, 2001 Page 5 of 12 3. The staff of the City, City advisors and legal counsel are authorized and directed to take whatever action and to execute and deliver such documents that are necessary to give effect to this Resolution. Passed this 22'~d day of October 2001. Offered by: Nawrocki Second by: Wyckoff Roll Call: All ayes - Peterson, Szurek, Wyckoff, Nawrocki, Williams 8) Establish a Hearing Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 5045 4th Street NE, 3732 3Td Street NE, 4040-42 Cleveland Street NE, 4919-21 Jackson Street NE, 4536 7th Street NE, 4600 Polk Street NE, and 4622 Tyler Street NE Motion to Establish a Heating Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against David Wiger at 5045 4th Avenue NE. Motion to Establish a Hearing Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Dale Frenzel at 3732 3rd Street NE. Motion to Establish a Heating Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights agmnst David Jacobs at 4040 - 42 Cleveland Street NE. Motion to Establish a Heating Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Michael Johnson at 4919-21 Jackson Street NE. Motion to Establish a Hearing Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Donald Ferry at 4536 7th Street NE. Motion to Establish a Heating Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Lee at 4600 Polk Street NE. Motion to Establish a Heating Date of November 13, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4622 Tyler Street NE. 9) Approve Rental Housing License Applications Motion to approve the items listed for rental housing license applications for October 22, 2001. 10) Approve Business License Applications Motion to approve the items as listed on the business license agenda for October 22, 2001 as presented, regarding the new licenses for 2001and the renewals for 2002. 11) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Nawrocki asked for a response to a call regarding a landlord unwilling to turn on the heat at 940 39tn Avenue. City Council Minutes October 22, 2001 Page 6 of 12 Wyckoff corrected the last page of the October 8, 2001 minutes, stating the three cars for sale were across the street from, not in, the Dr. Good lot. Upon vote: All ayes. Motion carried. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A. Proclamations-none B. Presentations Library Foundation Fundraiser through Barnes and Noble Becky Loader, Library Director, introduced Marsha Tubbs, Children's Librarian, and co~ ~rdinator of the fundraiser. Loader informed Council ofa fundraiser through the Barnes and Noble bookstore at 2100 Snelling Avenue. The proceeds will be used to apply for establishment of a library foundation. Tubbs explained the fundraiser and the percentage of sales to be donated. The event will be hem on November 13from 5:00 to 8:00p. m., and will include a hospitality table, story telling, gift-wrapping with gifts donated by the Friends of the Library, and a 1904 costumed representation of Mrs. Thomas Lowery. Peterson stated there would be a community holiday kick-off party including dinner, dancing and silent auction to be held on November 2. Proceeds will be donated to the Library. C. Introduction of New Employees - none D. Recognition - none PUBLIC HEARINGS A. Close the Public Hearing for Revocation/Suspension of Rental Housing License at 4544-46 Fillmore St. Mayor Peterson closed the public heating, as the property is in substantial compliance with the residential maintenance code. Bo Public Hearing for the proposed use of funds and Adopt Resolution No. 2001-61, being a resolution accepting Local Law Enforcement Equipment Block Grant and appropriating matching funds and review proposed use of funds Police Chief Tom Johnson stated this is the fiflh Equipment Block Grant to be received and is in the amount of $22, 69. On October 8tn City Council approved a grant match of $2,522. There are stipulations to the grant, such as getting the entire department involved. Officers create the list, supervisory staff pared it down to critical items, and then a block grant committee finalizes the list. Johnson reviewed each item on the list for Council. Nawrocki asked that in light of problems to balance the budget in coming years, that this money be used to purchase equipment already budgeted for. Johnson indicated that grant funds could not be used to supplant the budget. City Attorney Jim Hoeft agreed. Nawrocki felt that future capital improvement items have not yet been appropriated and should not fall into this category. As there were no comments from the audience, Mayor Peterson closed the public hearing. Motion by Williams, second by Szurek to waive the reading of Resolution No. 2001-61, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Williams, second by Szurek, to adopt Resolution No. 2001-61, being a Resolution to accept the U.S. Department of Justice Law Enforcement Block Grant for $22,698, with a local match of $2,522, and approve the list of equipment to be purchased with this grant. City Council Minutes October 22, 2001 Page 7 of 12 Peterson thanked Chief Johnson and the grant committee for their work. Upon vote: All ayes. Motion carried. RESOLUTION 2001-61 BEING A RESOLUTION ACCEPTING LOCAL LAW ENFORCEMENT EQUIPMENT BLOCK GRANT AND APPROPRIATING MATCHING FUNDS WHEREAS, the City of Columbia Heights Police Department has been granted $22,698 in an equipment block grant from the U.S. Department of Justice for the purpose of funding equipment, and WHEREAS, a condition of the grant is that the City provide $2,522 in local match for this grant, and WHEREAS, the City of Columbia Heights Police Department has provided the U.S. Department of Justice a proposal for implementation of funding for this grant. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Columbia Heights that: The City of Columbia Heights enter into a cooperative agreement with the U.S. Department of Justice for the project entitled "Local Law Enforcement Equipment Block Grant Program" for the period October 1, 2001, to September 30, 2002. 2. That $2,522 be appropriated from unexpended funds in the Police Department 2001 budget to pay the local match. Passed this 22na day of October 2001. Offered by: Williams Seconded by: Szurek Roll Call: All ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki c) Public Hearing to review and Adopt Resolution No. 2001-62, being an amended and restated Resolution enabling the creation of an Economic Development Authority in the City of Columbia Heights; modifying Resolution No. 96-01. Steve Bubul, Attorney, indicated that State Statute requires a public hearing to implement the ordinance to be discussed later in this meeting and is contingent on approval of the ordinance. This would give the current EDA powers for housing, to the HRA. EDA powers for private housing and development would remain. As there were no comments from the audience, Mayor Peterson closed the public hearing. Motion by Szurek, second by Williams, to waive the reading of Resolution No. 2001-62, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, to adopt Resolution No. 2001-62, being an amended and restated Resolution enabling the creation of an Economic Development Authority in the City of Columbia Heights modifying EDA Resolution No. 96-01, conditional to the passing of Ordinance 1442. Nawrocki stated he was against this action, as he did not think it was necessary to have two authorities. He stated that after the creation of the EDA, the City continued levying for the HR& to pay off SheffieM project costs, of which levies in past years and next year more than pay off the debt service. Nawrocki does not want to end up needing two sets of staff and two sets of records, as this work has been handled by the EDA and could continue to be more cost effective than recreating two authorities. City Council Minutes October 22, 2001 Page 8 of 12 As there were no comments from the audience, Mayor Peterson closed the public heating. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4-1 Motion carried. RESOLUTION NO. 2001-62 AMENDED AND RESTATED RESOLUTION ENABLING TIlE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY IN TI~F~ CITY OF COLUMBIA HEIGHTS; MODIFYING RESOLUTION NO. 96-01 BE IT RESOLVED By the City Council of the City of Columbia Heights, Minnesota (City) as follows: Section 1. Background and Findings 1.01. The City is authorized by Minnesota Statutes, Sections 469.090 to 469.1081 (EDA Act) to establish an economic development authority to coordinate and administer economic development and redevelopment plans and programs for the City. 1.02. By Resolution No. 96-01 approved January 8, 1996 (Enabling Resolution), the City established the Columbia Heights Economic Development Authority (CHEDA), for the purpose of coordinating and administering economic development and redevelopment in and for the City. 1.03. By resolution approved January 8, 1996, the City transferred to CHEDA the control, authority and operation of all projects then administered by the Housing and Redevelopment Authority in and for the City of Columbia Heights (I-IRA). 1.04. The City Council has determined to modify the respective powers of CHEDA and the HRA pursuant to Section 469.094, subdivision 1 of the EDA Act, and to that end has adopted Ordinance No. 1442 (the Allocation Ordinance). 1.05. The Allocation ordinance generally allocates powers related to low and moderate income housing under Minnesota Statutes, Sections 469.001 to 469.0146 (HRA Act) to the HRA, and powers related to economic development and redevelopment to the CHEDA. 1.06. The City Council has further determined to modify the Enabling Resolution in order to conform the powers of CHEDA with the Allocation ordinance. 1.07. The City Council has in accordance with Minnesota Statutes Section 469.093, provided public notice and conducted a public hearing on October 22, 2001, concerning the modification of powers of the CHEDA at which all persons wishing to be heard were given an opportunity to express their views. 1.08. This resolution constitutes an amendment and restatement of the original Enabling Resolution, incorporating limitations on CHEDA's powers in accordance with the Allocation ordinance. Section 2. Enabling Authority. 2.01. The CHEDA was established under the Enabling Resolution as adopted January 8, 1996. 2.02. The board of commissioners of the CHEDA shall consist of seven members, at least two but no more than five of whom must be members of the City Council. The members shall be appointed by the Mayor with approval of the City Council. 2.03. Commissioners shall be appointed for initial terms of one, two, three, four and five years respectively, and two members for six years. Thereafter all commissioners shall be appointed for six-year terms. Notwithstanding the above provisions, the term of any commissioner who is a member of the City Council shall coincide with that member's term of office as a City Council member. 2.04. A vacancy is created in the membership of the CHEDA when a City Council member of the board of commissioners ends Council membership. A vacancy for this or any other reason must be filled for a new term or the balance of the expired term, as the case may be, in the manner in which the original appointment was made. 2.05. The following limits apply to the CHEDA and its operation: (a) The sale of bonds or other obligations of the CHEDA must be approved by the City Council. (b) The CHEDA must follow the budget process for City departments in accordance with City policies, ordinances, and resolutions and the City charter. (c) Development and redevelopment actions of the CHEDA must be in conformance with the City comprehensive plan and official controls implementing the Comprehensive plan. (d) The CHEDA must submit its plans for development and redevelopment to the City Council for approval in accordance with City planning procedures and laws. (e) The CHEDA shall not hire permanent or temporary employees without prior approval by the City Council. City Council Minutes October 22, 2001 Page 9 of 12 (f) The administrative structure and management practices and policies of the CHEDA must be approved by the City Council. 2.05. Except as limited by the Allocation Ordinance, the EDA may exercise all the powers under the EDA Act, including, but not limited to, the following: (i) all powers under the HRA Act other than those allocated to the HRA under the Allocation Ordinance. (ii) all powers of a city under Minnesota Statutes, Section 469.124 to 469.134. (iii) all powers and duties of a redevelopment agency under Minnesota Statutes, Sections 469.152 to 469.165 for a purpose in the HRA Act or the EDA Act, and all powers and duties in the HRA Act and the EDA Act for a purpose in Minnesota Statutes, Sections 469.152 to 469.165. (iv) the authority to acquire property, exercise the right of eminent domain; make contracts for the purpose of redevelopment and economic development; serve as a limited parmer in a partnership whose purpose is consistent with the CHEDA's purpose; buy supplies and materials needed to carry out development within the EDA Act; and operate and maintain public parking facilities. (v) the authority to issue bonds in accordance with the EDA Act and the HRA Act. (vi) the authority to levy special benefit taxes in accordance with Section 469.033, subdivision 6 of the HRA Act in order to pay or finance public redevelopment costs (as defined in the HRA Act), subject to approval by the City Council in accordance with Section 469.033, subdivision 6. (vii) all powers under Minnesota Statutes, Sections 469.474 to 469.179, including without limitation the power to establish a housing district as defined in Section 469.174, subdivision 11. 2.06. CHEDA may not exercise powers under the HRA Act that are allocated to the HRA under the Allocation Ordinance. 2.07. As provided in the EDA Act, it is the intention of the City Council that nothing in this resolution nor any activities of the CHEDA are to be construed to impair the obligations of the City or HRA under any of their contracts or to affect in any detrimental manner the rights and privileges of a holder of a bond or other obligation heretofore issued by the City, CHEDA or the HRA. Section 3. Implementation. 3.01. The City Council will from time to time and at the appropriate time adopt such ordinances and resolutions as are required and permitted by the EDA Act to give full effect to this resolution. 3.02. The Mayor, the Manager, and other appropriate City officials are authorized and directed to take the actions and execute and deliver the documents necessary to give full effect to this resolution. 3.03. Nothing in this resolution is intended to prevent the City from modifying this Enabling Resolution or the Allocation Ordinance to impose new or different limitations on the CHEDA as authorized by the EDA Act. Passed this 22nd day of October 2001. Offered by: Szurek Second by: Williams Roll Call: Ayes: Szurek, Williams, Wyckoff, Peterson Nay: Nawrocki ITEMS FOR CONSIDERATION Other Ordinances and Resolutions Second Reading of Ordinance No. 1442 being an Ordinance relating to the division of Economic Development, Redevelopment and Housing Powers between the Economic Development Authority and the Housing and Redevelopment Authority. Motion by Williams, second by Szurek, to waive the reading of Ordinance No. 1442, there being ample copies available to the public. All ayes. Motion carried. Motion by Williams, second by Szurek, to adopt Ordinance No. 1442, being an Ordinance relating to the division of Economic Development, Redevelopment and Housing Powers between the Economic Development Authority and the Housing and Redevelopment Authority. Nawrocki indicated that for the same reasons as the previous EDA/HRA item, he is opposing this Ordinance. City Council Minutes October 22, 2001 Page 10 of 12 Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4-1 Motion carried. Bid Considerations 1) Award bid for sale of City owned property located at 4656 Monroe Street Motion by Wyckoff, second by Szurek, to approve the responsible bid, in the amount of $37,000, from John and Tina Foss and Nedegaard homes for the sale of City-owned property at 4656 Monroe Street NE, based on the submitted bid proposal. Peterson stated that the property was put up for bid, not to be sold for the highest dollar amount, but allowing Council discretion for the best development for the neighborhood. There were five bids received. Fehst described the bid opening process, and stated that Council discussed the bids at a work session prior to this meeting. The minimum bid requirement was $33,000 and the maximum bid received was $53,000. He stated that the estimated market values of the proposed homes ranged from $175, 000 to $220,000 and that bids ranged from $34,000 to $53,000. Fehst read the bid spec wording relative to varied construction designs. He stated that the bids were considered on purchase price and value when fully developed. Williams spoke to the reasons he would not support the Ralph Williams bid. Jenny and Gary Onstead, 4640 Polk Street, gave their background, and asked for consideration to accept their bid, with Ralph Williams as the contractor. Tina Foss gave their family background and asked for consideration to accept their bid, with Bruce Nedegaard as the contractor. Nawrocla' stated that each home bid would be an asset to the community, and that each one meets the basic bid. He asked that the project move along quickly. Wyckoff discussed the property bid versus the final market value. Nawrocki questioned assessment by the county assessor, if this home is larger than other homes in the neighborhood. Peterson compared the values remaining to build the home, after subtracting the property bid amounts. Roger Stom, 690 47~h ~, asked if the streets would be dug up again to bring sewer and water to this new home. Fehst stated that this was taken into account prior to the recent road repairs. Fehst discussed differences in square footage of living space. Szurek stated the home would only be assessed as the County decides and that the amount paid for the lot would not influence the assessment. Strom stated he was glad it would not be a Habitat home. Williams stated that Council viewed the "total package", and he felt the Fosses were committed to doing this. Williams stated this process was a political mistake and the lot should have been sold to the highest bidder, with the design approved through the Planning and Zoning Commission. Peterson stated that it was Council's decision to have this control. Nawrocki stated concern for legal recourse against the City. Hoeft stated that the way the bid specs were written, there wouM be no legal exposure. Upon vote: Ayes - Williams, Szurek, Wyckoff, Nawrocki and Peterson. All ayes. Motion carried. City Council Minutes October 22, 2001 Page 11 of 12 Other Business 1) Dave's Refrigeration Nawrocki referred to comments at the last City Council meeting by Williams indicating he was against Mr. Robert's business and that he was anti-business. He gave his background and record for developing businesses in this community. Nawrocki gave his opinion on clean up that was necessary, and boulevard interference by Dave's Refrigeration, and gave concerns for traffic and pedestrian safety. Peterson referred to a letter from a resident requesting a sidewalk and suggested it may be time to look at installing sidewalks in certain areas of the City. 2) Attempts at division in our city Williams suggested Nawrocki negatively empowers a lot of people. Williams referred to a letter from Ms. Scoop, who Hkes the signage on the theatre building. Williams stated that Council needs to encourage businesses. He referred to a letter from a girl that is being harassed, and stated he is being harassed referring to the toilet papering of his residence and a sign in his door saying "Nawrocki for Mayor". Nawrocki responded indicating that the rest of Ms. Scoop's letter stated her desire to keep the Dr. Good building. Nawrocki indicated that he is only doing what he promised when he campaigned for this office, by speaking out. He stated he had no knowledge of what happed to the Williams residence, or the sign referred to, and would not encourage anyone to do this. Williams encouraged citizens to look to the peace and prosperity of the City, and to agree to disagree. Peterson referred to comments from the last meeting regarding special treatment of certain Councilmembers, of which he took offense. ADMINISTRATIVE REPORTS 1) Report of the City Manager Fehst stated there would be an Elected Officials meeting held on Tuesday, October, 30th at the Shorewood, at 6:30p. m. He read the tentative agenda. Fehst stated that the Association of Metropolitan Municipalities would hold a policy issue meeting representing our interests at the Legislature, on Thursday, November 1, at the League of Minnesota Cities building in St. Paul. Nawrocki referred to letter from the nof regarding an City Fridley affordable housing meeting prior to the Elected Officials meeting on October 30t. Peterson stated that Fehst attended an open house and fundraiser for New York disaster victims at the Islamic Center, on the Mayor's behalf; and passed on our City's concern for Islamic citizens in our community. Fehst described the event. He commented that the Islamic community would attend a Council meeting to give the invocation. 2) Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions A. Meeting of the September 24, 2001 Park and Recreation Commission City Council Minutes October 22, 2001 Page 12 of 12 Peterson read a thank you letter from Habitat for Humanity. CITIZENS FORUM Roger Strom, 690 47tn ~, spoke of concerns for the street project in front of his home, regarding sodding and the contractor driving over his yard, over the underground irrigation system, and the inappropriate way he was talked to by the contractor. Szurek mentioned the advantages of sodding in the fall. Fehst stated that money is retained to fix problems the following spring. He stated he was unhappy with the delays by this contractor, and was concerned about ground temperatures for laying down pavement. Peterson directed the City Manager to follow up on the resident's concerns.. Strom stated that the sprinkler heads were fixed. Nawrocki asked for the amount retained on the contract and suggested tightening up on the bid specifications and timeframe allowed. Dana Coleman, 805 50th Avenue, responded and disagreed with Councilmember Williams's comments. She did agree that actions taken against his residence where out of line. Melissa Williams Crow responded by encouraging Councilmembers to support each other and to unite. COUNCIL CORNER Nawrocki questioned if the resident letter regarding yard fertilizers and Vi Tabb 's letter have been responded to. Fehst will have the Public Works Director respond to this. Nawrocki went on a tour of the University Avenue liquor store, with staff and a resident, to check the structural integrity. It was noted that the exiting toilet facilities are not marked as restrooms, but he was assured this would change. Wyckoff indicated that she spoke at Oak Hill Baptist Church and relayed community historical information that she learned. Mayor Peterson stated, "Don't take yourself to seriously, enjoy life, and do a random act of kindness." ADJOURNMENT Mayor Peterson adjourned the meeting at 9:45 p.m. Patricia Muscovitz, Deputy City Clerk OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING OCTOBER 24, 2001 'THESE I , INIJTE. S HA /E. NOT BE.E.N / The following are minutes for a special meeting of the City Council held at 6:00 p.m. on Wednesday, October 24, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. CALL TO ORDER Mayor Peterson called the meeting to order at 6:03 p.m. ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki, and Councilmember Williams PLEDGE OF ALLEGIANCE DELETIONS TO MEETING AGENDA -none ITEMS FOR CONSIDERATION Bid Consideration A. City Hall Roof Renovation Project Nawrocki questioned the calling of this special meeting, and the required three day notification. Fehst stated it could have been considered an emergency meeting. Nawrocki stated it should have been posted as such. Fehst stated that five companies were solicited for repair and replacement of certain areas of the roof at City Hall. Additions to the specifications were metal replacement, 15 and 20 year warranty costs, and fees if other man hours were required. Fehst recommended awarding the bid to Jerry Peterson, Omni Roofing, which was low bid. Fehst reviewed the bid tabulation sheet. An additional consideration was if a new metal cap should be installed or reuse of the existing cap. Fehst recommended payment come from unexpended funds for 2001. He would inform staff that any further expenditure for this year, even if budgeted, would be required to have the City Manager's approval. The majority of funds would be from unused personnel funds. Fehst relayed conversations with Honeywell, regarding contract renewal and possible replacement of the City Hall HVAC system. Staff felt the Honeywell estimate was too high and recommended soliciting quotes to be received by Monday, October 29. The replacement would be timed to coincide with roof repairs. New units would require much less maintenance and be more energy efficient. Fehst asked Mr. Bill Hollman, consultant, to speak of the metal cap. Hollman stated that the metal cap was not in dire shape, but felt it would make sense to replace it during roof repairs. Peterson asked if the flashing would have to come off and be reinstalled. Hollman indicated it would be taken off, numbered and reused. Jerry Peterson, Omni Roofing, stated the flashing in Area G would all be new, and removed or reused in the other areas. Peterson asked if this could be decided as the work is done? City Council Special Meeting Minutes October 24, 2001 Page 2 of 3 Nawrocki asked for clarification of areas, per the map given to Council. Nawrocki questioned problems where the police station and old building come together. Hollman stated water leakage was by the ducts. Fehst stated the duct work for the old gun range could be eliminated. Hollman suggested insulating the ducts for energy conservation. Nawrocki asked if there would be a lot of extra costs. Hollman stated that change orders would be required to follow guidelines. Fehst stated the only cost altemate should be the metal covering over the repair areas. Any extra costs would be approved through the Mayor and City Manager. Nawrocki questioned extended service. Hollman felt that the extended service was not necessary. Hollman will inspect the work as it progresses and a final inspection would be done. Williams questioned the HVAC system. Fehst stated that our contract cost with Honeywell is about $70,000 a year, which includes maintenance and parts on any of our buildings. Current city hall units are over 15 years old. Peterson explained the reason for leaving the HVAC units on the same pad. Fehst recommended a special Council meeting for Monday, October 29, 2001 to discuss the replacement of the HVAC trait. Nawrocki questioned where the bid was published. Hollman gave that information and stated that specifications were available in the St. Cloud office and in his office. Nawrocki asked when the Honeywell contract expires? Fehst stated it originally was a ten year contract and has gone on a year by year basis since then. It will expire in November. Honeywell has agreed to the same maintenance price with a six year contract, even if they do not win the bid award. Nawrocki stated that the Honeywell contract is outlandish and he would not support it. Williams asked the contractor for the warranty on this roof work. Jerry Peterson stated it would have a ten year warranty. Hollman stated, that in his opinion, extra money spent on a warranty past ten years would be wasted money. If the job was done fight, it should be a 30 to 35 year roof. Nawrocki asked what the savings might be if the whole roof was replaced at one time. Hollman stated that in his opinion other areas of the roof do not need to be replaced at this time, and would therefore, be a waste of money. Williams asked if it would save money to move the HVAC units to other areas. Hollman stated that they did not need to be moved. Hollman indicated that time is a critical issue, because of possible bad weather; and if necessary, the contractor would have to keep the roof watertight and finish next spring. Fehst asked Jerry Peterson for a proposed completion date. J. Peterson stated about 10 working days, but he would not be able to start until November 4th or 5th. Prior to this the roof could be vacuumed. Materials could be ordered tomorrow and arrive in a week. J. Peterson stated that if bad weather forced completion to be put off until next year, he would need payment for materials purchased and labor hours to that point. Szurek questioned which area would be worked on first. J. Peterson stated the new Police Department roof would be completed first. Nawrocki asked if bids for HVAC units could be obtained in time to be coordinated with this roof work. Fehst stated that the building official would make calls and try to get bids by next Monday night, which would include working within the roofing time flame. Nawrocki stated the low bid is higher than the estimates given. Williams questioned material costs. City Council Special Meeting Minutes October 24, 2001 Page 3 of 3 J. Peterson gave a rough estimate. Peterson asked if all materials would be delivered at one time. J. Peterson stated yes. Williams stated there should be an agreement to pay for man hours worked and materials purchased if the job can not be finished until next spring because of weather. Motion by Szurek, second by Williams, to award the bid to Omni Roofing, based upon their qualified, responsible bid in the amount of $128,590, with funds to be appropriated from the unexpended fund balance of 2001, with $20,090 to be contingent upon review and determination of metal replacement, and to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki requested the record show that the City Manager indicated there would be a hold on expenditures for the remainder of the year. Nawrocki wanted an answer on the procedure of calling this special meeting. Peterson stated that if proper notification was not given, this would show as proper notification for next Monday night to finalize this approval. Nawrocki stated that last Monday night's meeting could have been recessed to Wednesday. Upon Vote: All ayes. Motion carried. Nawrocki commented that the proposed City News Letter information on the budget was not adequate. Fehst stated the article describes proposed budget cuts, which was the direction of the Council. The portion on emergency response will be eliminated. Nawrocki felt the actual levy and loss of state aid should be included. Fehst called for a Special City Council meeting on Monday, September 29, prior to the administration and public works budget review, for the first reading of the ordinance to sell 4656 Monroe Street and to award the bid for the City Hall HVAC system. Nawrocki stated that Council members should be called prior to special meetings. Motion by Williams, second by Szurek, to schedule a Special City Council meeting for Monday, October 29, beginning at 7:00p. m. Nawrocki indicated this would not be proper to do that at this meeting, and the City Manager should use his authority to call the meeting. Motion failed for lack of a vote. ADJOURNMENT Mayor Peterson adjoumed the meeting at 7:05 p.m. Patficia Muscovitz, Deputy City Clerk OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING OCTOBER 29, 2001 THES c MINUTES HAVE The following are the minutes of a special meeting of the City Council-held at 7:00 p.m. on Monday, October 29, 2001 in Conference Room 1, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER Called to order at 7:01 p.m. ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Williams, and Councilmember Nawrocki, PLEDGE OF ALLEGIANCE DELETIONS TO MEETING AGENDA -none CONSENT AGENDA City Hall Roof Repair Motion by Szurek, second by Wyckoff, to award the bid to Omni Roofing, based upon their low, qualified, responsible bid in the amount of $128,590, with funds to be appropriated from the unexpended fund balance of 2001, with $20,090 to be contingent upon review and determination of metal replacement, and to authorize the Mayor and City Manager to enter into an agreement for the same. Walt Fehst, City Manager, indicated this item is to ratify action taken at the last special City Council meeting. Upon vote: AH ayes. Motion carried. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) First Reading of Ordinance #1443, being an Ordinance amending Ordinance No. 853, City Code of 1977 authorization to convey certain real estate located at 4656 Monroe Street Peterson stated this Ordinance continues the process of the property sale at 4656 Monroe Street. Fehst gave the background on removing County CDBG fund restrictions from this property. The reason for lifting the restrictions was to allow for an upscale home to be built, rather than a starter home. Bid requirements asked specific questions of the bidders, and the base bid requirement was $33,000. Fehst read the intended scope of the bid. Bids were evaluated on the purchase price and the value of the proposed home. Bidders were told that the highest bid would not necessarily be the recommendation. Bidders were also told at the bid opening that bids would be considered at 6:30 p.m. at a City Council work session, and action could be taken at the Council meeting to follow. The bid was awarded to Foss/Nedegaard Construction. The final estimated value of the home was $225,000 and the property bid was $37,500. RAM Construction bid $53,000 on the property and value of their proposed home was $180,000 with a lesser square footage than the Nedegaard property. Fehst stated that the assessed value would have to be assured in the purchase agreement. There must be two readings of this ordinance, with the second reading scheduled for Monday, November 5th. Fehst stated that RAM Construction is represented at this meeting. City Council Special Meeting Minutes October 29, 2001 Page 2 of 4 Peterson asked if Council members had questions. Williams stated that his brother bid on this property and did not include the value after all work was completed. Williams favored the Nedegaard bid because of the total value of the property. Williams felt this was a very political issue. Nawrocki indicated the procedure was subjective, not political. Mel Collova, Building Official, stated that with his estimates, the Foss/Nedegaard bid would be valued at 20% more than any other bid on the list. He stated this bid was more valuable to the city, long term. Peterson asked the gentleman from RAM construction for his comments. Naresh RAM indicated the square footage of his plan should have read 28,000 square feet and that the third car garage was to be added at the time of building also. He stated he did not have enough time to have an architect to do an exact plan. RAM indicated that he was told it would take a week or so for Council to make a decision. Fehst indicated that bidders were informed at the bid opening that there was a work session that evening and that a decision could be made at the Council meeting following the work session. Ani RAM stated they were not invited to the Council meeting last Monday. RAM stated that he really wanted the land, so he bid a very high price. He stated that the final value of their home would be $238,000. Peterson referred to the bid questions. Ram indicated the home value was $180,000 and the property was $53,000 and should have been added together for a total value. Peterson referred to the attorney for comment. Jim HoeR, City Attorney, stated that the City has no affirmative obligation to indicate to an individual the holding of a meeting, as all meetings are all open to the public. He stated that this was really a request for proposal process, not a bid process. This allowed Council great latitude as to what they want on the property. The higher bid for the lot was not what determined the choice. Also, the timing of the project was a consideration. Hoeft stated that the process, consideration and decision were not contrary to any ordinance or statute of the State. Nawrocki indicated that the documents stated it was a bid proposal. Hoeft stated this is more familiarly called a Request for Proposal. Nawrocki debated the issue. RAM stating the wording of the bid did not talk about the style of the home. He referred to the neighbor who purchased a lot from the City, and so he proposed a similar home that would fit in the neighborhood. He again stated that the square footage was listed incorrectly. Collova stated that staff used the information submitted with the bid. Hoeft indicated that under item #2 Council was given the option to consider other items in the bid. Staff was available at all times to answer questions. Williams stated there would be more lots available for sale in the future. Ani RAM stated they have lived in Columbia Heights for six years and researched the schools and wanted to live in this area, and felt Council should have waited one more day to research the information. Fehst reiterated information given at the bid opening. Collova stated that any change would have to allow everyone to re-bid. He stated that the county would not value this lot at what RAM offered. Ani RAM stated that apparently everyone misunderstood the information and this was not fair. RAM stated he would ask his lawyer if this was justice. RAM disputed that the questions asked for the value of the home, not the property. Williams stated that in the USA the final value of the home includes the lot. Tina Foss, recipient of the bid, stated that it was everyone's responsibility to be clear about the requirements. Peterson referred to the RAM plan indicating a two stall garage with a third stall added later. RAM stated that if Council had questions, the process should have waited a day and called for the answers. City Council Special Meeting Minutes October 29, 2001 Page 3 of 4 RAM asked if the party that the bid had been awarded to had given a bond or personal check. Tim Johnson, City Planner, stated it was a bid bond or certified check. Fehst stated bid bonds and plans were to be kept for 30 days. Johnson stated RAM picked up his plans and bond on Friday. Williams asked that the sale process not be handled this way again. Fehst stated it was proper, but could include consideration of the price variance in five or ten years. Szurek commented regarding RAM not having enough time to have plans drawn; the other bidders had completed plans. Johnson stated there was approximately a 60 day notification. Collova stated that the plan from RAM was backwards. Nawrocki indicated the plan was not part of the specifications. He stated that when bidding, it is against specifications; and if a proposal, it is for plans. Fehst stated that this would be noted, and next time not called a bid. Nawrocki indicated he wants a "Findings of Fact" in writing, from the attomey, indicating that this is a legally acceptable process. Peterson questioned when and how the lot would be paid for. Fehst stated there would be a sales agreement. Nawrocki stated to be sure that past taxes were taken care of, that the sales documents indicated the bid was from Nedegaard, and whom the homeowners would be. Hoer stated that the sales agreement has not yet been drafted, and would lock the owner into an agreement for the size of house, and minimum home value for assessment. Peterson asked if the sales agreement would be with the Foss's or Nedegaard? Hoeft stated it would be best if it would be with the Foss's. Motion by Szurek, second by Williams, to waive the reading of Ordinance No. 1443, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Szurek, second by Williams, to establish November 5, 2001, at approximately 7:00p. m. as the second reading of Ordinance #1443, being an ordinance pertaining to the sale of City-owned property at 4656 Monroe Street NE. Upon vote: All ayes. Motion carried. B) Bid Considerations 1) Replacement of HVAC units at City Hall Williams asked if the HVAC units need replacing. Collova stated that the units are twenty years old and it would not be wise to put the old ones back on the roof after the new roof is in place. There will be about a 30 percent energy savings with new units. Szurek asked if bids were on a Honeywell product or any product they choose. Collova stated the product would be Carder and there are four subtypes of this product. He contacted the major licensed City contractors. Honeywell does not do installation and would have subcontracted the work and charged $55,000. Five bids were received. Suburban had given a rough bid at $28,000 and were not the Iow bid. Collova stated that Thermex had the low bid, and are well known and reputable. These units are supplemental heat to the boilers. Honeywell will decrease the cost of maintenance by $4,500 the first year and $2,000 each year of the six year contract, because of the new units. Collova stated there would also be a $750 rebate from NSP. The bid is for Carder units, with a one year warranty on labor and five year warranty on parts. Collova felt the pay back estimate would be four years, including the reduction in maintenance costs. Possible additional costs would be moving pipes for the roofers. Peterson questioned the wiring options. Collova stated that if the wiring were all replaced, it would be $700. Duct work may also have to be moved. Wyckoff asked about the unexpended fund balance. Fehst stated that any purchases in the budget for the remainder of this year might not be allowed. Wyckoff stated this was not fair to those who purchased items at the beginning of the year. Nawrocki stated the mistake was not allowing for roof repairs in this City Council Special Meeting Minutes October 29, 2001 Page 4 of 4 year's budget. Fehst stated that we were trying to get by, and staff had the roof looked at many times over the last five years. Collova stated the police department roof was repaired, on average, six times a year. Nawrocki stated his researched showed this price is probably about right. Fehst stated Honeywell admitted they could not compete with new equipment costs, and that their area of expertise is maintenance. Nawrocki asked that other companies be looked at for the maintenance contract. Fehst stated that staff is discussing this. Motion by Williams, second by Szurek, to award replacement of HVAC units at City Hall to Thermex Corporation, based upon their qualified, responsible bid in the amount of $24, 700.00, with funds to be appropriated from the unexpended fund balance of 2001, and to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki ask for a directive from the City Manager, to all departments, to not make major purchases, and wants to see periodic reports on what is being considered and what is done. Upon vote: All ayes. Motion carried. MISCELLANEOUS Collova explained a request from the resident at 4522 6th Street to put up a carport. He issued this person a permit until May 1, 2002. The resident wanted to leave up temporary structure for a year and a half, so Collova revoked the permit. Another carport on 52na is made from 2 x 2 studs. He asked if Council would back him requiring a permanent structure. Collova stated he required a conditional use permit for a carport request in Hilltop. Collova stated a temporary structure could be limited to 30 or 60 days. Nawrocki stated he looked at the property and described the situation. Peterson asked if it is within the square footage allowed on the lot. Nawrocki stated it is aesthetically not very pleasing. Peterson questioned the City's liability if the structure collapsed. Fehst questioned carports being allowed. Collova stated they are not addressed in the code. Fehst thanked Mel Collova for his work on the HVAC bids. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:30 p.m. Patricia Muscovitz, Deputy City Clerk OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL MEETING NOVEMBER 5, 2001 THESE MINUTES HAVE NOT BEEN APPROVED. The following are the minutes for a special meeting of the City Council held at 7:00 p.m. on Monday, November 5, 2001 in Conference Room 1, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. CALL TO ORDER Mayor Peterson called the meeting to order at 7:04 p.m. ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki, Councilmember Williams. PLEDGE OF ALLEGIANCE DELETIONS TO MEETING AGENDA - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Second Reading of Ordinance #1443, being an Ordinance amending Ordinance No. 853, City Code of 1977 authorization to convey certain real estate located at 4656 Monroe Street Motion by Nawrocki, second by Szurek, to waive the reading of Ordinance No. 1443, there being ample copies available to the public. Upon vote: Ayes - Szurek, Wyckoff, Williams, Nawrocki, Peterson. 5-0 Motion carried. Motion by Williams, second by Szurek, to adopt Ordinance #1443, being an ordinance amending Ordinance No. 853, City Code of 1977 authorization to convey certain real estate located at 4656 Monroe Street NE. Randy Schumacher, Acting Community Development Director, stated that the City Attomey would have a sales agreement ready by end of the week, with all the requested conditions specified. Peterson stated that RAM Construction owner called him and stated that his son made an error when filling out the bid form, and the son called Fehst to apologize. Williams stated his brother also indicated that he incorrectly filled out the bid form. Upon vote: Ayes - Szurek, Wyckoff, Williams, Nawrocki, Peterson. 5-0 Motion carried. ADJOURNMENT Mayor Peterson adjoumed the meeting at 7:09 p.m. Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: November 13, 2001 AGENDA SECTION: L-[ /~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~/'~ ' Library APPROVAL ITEM: Payment f or Star/Tribune BY: M. Rebecca Loader BY: ..~~~ microfilm DATE: October 31, 2001 DATE NO: The Library subscribes to the Minneapolis Star/Tribune on a daily basis for use by the patrons. Because of the storage problem with a daily newspaper as to space and climate regulation, the physical newspapers are only kept for two months. The Library has subscribed to the Star/Tribune on microfilm since 1971 in order to provide the patrons with access to the articles and obituaries. The microfilm is produced exclusively by one company. The online archive of the newspaper is available, but fees are charged for articles. The subscription for the 2002 microfilm will go over the $3,000 expenditure that is allowed by the Charter without Council approval. Staffwould like to recommend that the Council authorize this purchase as a "cost of doing" business expense so that it would not have to be re-approved each year. RECOMMENDED MOTION: Move to authorize purchase of yearly microfilm subscription to the Star/Tribune from the authorized, proprietary company producing it. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 13, 2001 AGENDA SECTION: CONSENT L!~ /~A % ORIGINATING DEPARTMENT: CITY MANAGER'S NO: = ~ CITY FL~NAGER ' S APPROVAL ~ / ADJUSTMENTS DATE: 11 - 5 - 01~7~ . NO : Attached are proposed 2002 wage schedules for non-union part-time temporary Library employees, seasonal Public Works employees, seasonal/temporary Recreation employees, and interns. The Library Director is recommending a 3.5% increase in the wage range for Pages and Chorepersons, Library Aides and Library Supervisors. These adjustments are based, in part, on the difficulty we have been experiencing in obtaining applicants for these positions. These adjustments would make our rates for such positions competitive with similar jobs in the marketplace. The Public Works Director is recommending increasing the wage schedule for seasonal laborer, warminghouse attendant, and warminghouse lead attendant by $.25 per hour. These adjustments would make our rates for seasonals in the Public Works Department competitive with other cities. The Recreation Director is recommending no increase to the Recreation Employee wage schedule for seasonal/temporary employees for 2002. No rate adjustment is recommended for interns for 2002. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2001-67, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 2002. COUNCIL ACTION: RESOLUTION 2001-67 ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, SEASONAL/TEMPORARY RECREATION POSITIONS, AND INTERNS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and interns, as indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 2002. Passed this __ day of ., 2001. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk 2002 SCHEDULE I Pages and Chorcperson Entry 6 months 12 months 24 months $8.28/hour $8.77/hour $9.25/hour $9.74/hour Library_ Aide Entry 6 months 12 months 24 months 36 months $ 8.47/hour $ 9.00/hour $ 9.53/hour $10.06/hour $10.59/hour Library_ Supervisors Entry 6 months 18 months $15.57/hour $16.44/hour $17.30/hour 2002 SCHEDULE II ENTRY 1 2 3 4 5 6 YEAR YEARS YEARS YEARS YEARS YEARS SEASONAL LABORER $8.50 $8.75 $ 9.00 $ 9.25 $ 9.50 $ 9.75 $10.00 (INCLUDING RINK MAINTENANCE) WARMING HOUSE $8.50 $8.75 $ 9.00 $ 9.25 $ 9.50 $ 9.75 $10.00 ATTENDANT WARMING HOUSE LEAD $9.50 $9.75 $10.00 $10.25 $10.50 $10.75 $11.00 ATTENDANT Schedule III 2002 Seasonal/Temporary Recreation Employee Wage Schedule Movemem through the wage schedule is contingent upon satisfactory performance as judged by the City. Position Title Summer Playground Asst. Facility Supervisor Scorekeeper (per game) Baseball - Umpires - House League - Traveling Soccer Officials Softball Umpires - Youth Slow Pitch - Youth Fast Pitch Basketball Officials - House League - Traveling Football Adult Athletics Umpire/Officials (Softball, Basketball, Volleyball, and Football Entry 6 Months 1 Year 2 Years 3 Years 4 Years $6.75 $7.00 $7.25 $7.50 $7.75 $ 8.00 8.00 8.25 8.50 8.75 9.00 9.25 8.00 8.25 8.50 8.75 9.00 9.25 $15.00/game $25.00/game $14.00/game $13.00/game $25.00/game $15.00/game $20.00/game $20.00/game (Wage range of $16.00 to $25.00 per game; wage to be set by the Recreation Director and approved by the Assistant to the City Manager.) Performing Arts Instructor (Wage range of $8.00 to $15.00 per hour; wage to be set by the Recreation Director and (Gymnastics, Cheerleading, approved by the Assistant to the City Manager.) and Ballet) After School Instructor (Wage range of $7.00 to $20.00 per hour; wage to be set by the Recreation Director and approved by the Assistant to the City Manager.) Summer Playground Supervisor (Wage range of $7.00 to $15.00 per hour; wage to be set by the Recreation Director and approved by the Assistant to the City Manager.) Program Instructor (Market rate - contingent upon approval of the Recreation Director and the Assistant to the City Manager.) Admin~S easonalwageseheduleO 1 2002 SCHEDULE IV INTERNS Rate 1 Rate 2 Rate 3 Rate 4 Rate 5 $10.00 $10.50 $11.00 $11.50 $12.00 CITY COUNCIL LETTER Meeting of November 13,2001 AGENDA SECTION: Consent NO. ITEM: School Liaison Officer Contract NO. ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson ~'~ DATE: October 24, 2001 (~'~, CITY MANAGER APPROVAL: DATE: BACKGROUND In 1992, the City of Columbia Heights and School District #13 entered into a joint powers agreement to fund a school liaison services program. This contract has been renewed each year since then. The program continues to provide benefits to the School District and the Police Department and is an important part of our juvenile program. The School District shares expenses equally with the Police Department during the school year. Total cost for the school year 2001-2002 is $80,734.90, with the school district's share at $30,275.58. ANALYSIS/CONCLUSION Officer Mike McGee has held this position since the inception of the program. Officer McGee has established excellent rapport with the students and staff at the Middle School and the High School. In addition, his contacts at the schools are invaluable in our investigation of juvenile crime. Officer McGee provides an excellent role model to students and is a valuable resource to the school and the community. His continued interaction is an important link between law enforcement and the educational system. RECOMMENDED ACTION Authorize the Mayor and City Manager to approve the joint powers agreement with School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 4, 2001, through June 6, 2002. mld 01-167 COUNCIL ACTION: SCHOOL LIAISON OFFICER PROGRAM COLUMBIA HEIGHTS POLICE DEPARTMENT AND INDEPENDENT SCHOOL DISTRICT # 13 Prepared and Submitted by: Randell Bartlett May 19, 1992 TABLE OF CONTENTS Subiect Section Mission, Goals and Primary Responsibilities of the School Liaison Officer ............................................................................................... 1 Objectives of the School Liaison Officer Position ............................................................... 2 Position Description - School Liaison Officer Position: Accountability and Education Requirements ............................................................. 3 Position Description - School Liaison Officer Position: Qualifications ............................................................................................................. 4 Major Areas of Accountability for the School Liaison Officer Position ................ : ................................................................ 5 Guidelines for School Liaison Officer Position ................................................................... 6 Joint Powers Agreement ...................................................................................................... 7 Program Cost Factor Breakdown ......................................................................................... 8 MISSION~ GOALS AND PRIMARY RESPONSIBILITIES OF THE Section 1 SCHOOL LIAISON OFFICER: Mission Statement: The School Liaison Officer is placed in the school environment to identify, correct, and prevent delinquent behaviors and activities, and to create a positive relationship between youth, police, and other authority figures. Goals: To work with and through school administrators, counselors, teachers, and students to develop a better understanding and a more positive attitude among students as to the role of a police officer. To work in liaison with school officials to provide, as much as possible, a safe and crime-free environment for students and staff. To act as a law enforcement consultant and educator to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop. Primary, Responsibilities: The School Liaison Officer shall function as a law enforcement officer within the school environment and under the direction of the Columbia Heights Police Department investigative supervisor. The School Liaison Officer shall act as a resource for students, teachers, counselors, school administrators and parents. The School Liaison Officer shall remain conscious that the primary responsibility is that of a law enforcement officer. The School Liaison Officer plans and coordinates all functions of investigations relating to juveniles and children, in both criminal and noncriminal matters to effectively solve criminal cases and build a basis for successful prosecution when warranted and/or make all appropriate dispositions of noncriminal matters. The School Liaison Officer also develops and presents investigative reports to the County Attorney and/or City Prosecuting Attorney for complaints and coordinates with other juvenile referral agencies to appropriately handle juvenile criminal and noncriminal acts that have come to the attention of the Department. Section 2 THE OBJECTIVES OF THE SCHOOL LIAISON OFFICER POSITION ARE: Obiective #1: To provide a formal process or rationale to: a. Enhance the general safety to students and faculty staff in and around public schools. b. Monitor and/or prevent juvenile' gang activity and provide intelligence. c. Reduce the use of uniform officer intervention at school sites for response to school related service demands. d. Maintain community contact for: parents, students, neighborhoods, community organizations (PTA and other service providers) e. Handle incidents such as minor assaults, thefts, and threats as they occur in the officer's assigned schools. Indicator #1: Lack of formal or informal complaints or concerns, either written or verbal. Receipt of letters, phone calls or personal verbal contacts regarding individual or program successes. Obiective #2: To provide the following services to Columbia Heights School District #13 schools located in Columbia Heights and Hilltop: To coordinate and directly provide for, in appropriate circumstances, the general safety of students and staff. b. To monitor gang activity throughout school property and respond appropri- ately to non-school related intelligence regarding gang activity. To reduce the number of calls responded to by uniform officers at school sites. School Liaison Program Page 2 Statement of Objectives Indicator #2: Maintain adequate knowledge through review ofdailyreports, keeping abreast of the above current problems and disseminating information to Investigations and Patrol. Objective #3: Complete all investigations assigned or generated in the field to their proper conclusion. Indicator #3: Pass Liaison supervisor's review of completed cases. One hundred percent of cases must pass this review. Objective g4: Improvement and continual update of Liai-son Program. Indicator #4: Yearly evaluations to be prepared by School Officials, Police Department and Liaison Officer for annual review and evaluation. During the first year of the program, evaluations will be performed monthly and in writing, being prepared by appointed school and police department personnel. POSITION DESCRIPTION - SCHOOL LIAISON OFFICER: ACCOUNTABILITY AND EDUCATION REQUIREMENTS Section 3 The School Liaison Officer is a member of the department below the rank of Sergeant. Officer may be assigned from the rank of police officer to serve as School Liaison Officer. Officers who desire to serve in this assignment may submit their requests in writing to the Investigative Unit Supervisor. Officers serving in the assignment may be removed at the discretion of the Chief of Chief. The appointed School Liaison Officer may vacate this position with thirty days written notice to the Chief of Police. While serving in this assignment, officers shall receive a pay differential in accordance with the labor agreement in effect at the time of the assignment. Accountable to: The School Liaison Officer repons to and is directly accountable to the Police Department Investigative Supervisor and/or the Chief of Police. Education and Training Requirements: POST licensed, supplemented by course work in investigative techniques, interview and interrogation techniques and crime scene processing techniques, at least three years of experience as a police officer. POSITION DESCRIPTION - SCHOOL LIAISON OFFICER: QUALIFICATIONS Section 4 1. Considerable knowledge of the principles of modern investigation techniques. 2. Thorough knowledge of scientific methods of crime detection and criminal identification. 3. Thorough knowledge of federal, state and local laws and ordinances which are enforced by the department. 4. The ability to communicate effectively both orally and in writing. 5. The ability to analyze complex criminal transactions and trends and to use information obtained to successfully charge criminal offenders. 6. The ability to develop informants. 7. The ability to independently manage a number of investigations at any one time. 8. The ability to manage time effectively. 9. The ability to speak effectively in public. 10. The ability to work effectively with juveniles. 11. To ability to gain cooperation, support, and assistance of the area church organizations, County Welfare, County Court Services, Juvenile Court, County and City law enforcement, and other agencies in the community. 12. To meet as needed with members of the personnel team and police department representatives to discuss individual student and student body problems which affect school or police department objectives. 13. The ability to provide educational materials and lectures for the students, the school staffand the community on juvenile problems and problem areas, available assistance services for the students and their parents, and other topics deemed important. School Liaison Program Page 2 Qualifications 14. The ability to assist in the classroom in the teaching of physical, mental and social effects of alcohol and narcotic use and abuse. 15. The ability to train the school staff in matters of school security, symptoms of drug abuse, etc. 16. The ability to identify and take proactive steps to prevent activities which lead or could lead to delinquent behavior and/or activities. 17. The ability to establish a favorable rapport with students as a means for preventing delinquent behavior and activities. 18. The ability to maintain the police image. The School Liaison Officer is responsible for the enforcement of city and state law, but whose treatment is fair and recognizes he is working in a juvenile environment. The Juvenile Officer must assure the students and the staff that he/she is not in the school to create a police state, he/she is there to assist the administrative staff and students. 19. The ability to promote informal contacts between the students and the police, to increase communication and understanding between the two. 20. The ability to meet all other requirements and performance criteria defined for patrol officer position. 21. The ability to serve as a resource person for law enforcement and juvenile court procedures. The officer will be in a position with the school to develop a better understanding and have additional pertinent information for juvenile court determina- tions. 29. The School Liaison Officer is often in a favorable position to work on many creative programs and can work with juvenile group leaders trying to interest them in constructive activities of a recreational or social nature. Section 5 MAJOR AREAS OF ACCOUNTABILITY OF THE SCHOOL LIAISON OFFICER POSITION: o ° To attend school staff meetings as a resource person in developing and adopting procedures that will contribute to the prevention of juvenile delinquency. To communicate and cooperate with county welfare officers, probation personnel, and other members of the professional community when appropriate. To assist school staff members in understanding the Anoka County Juvenile Court System, law enforcement ramifications, and the technique of court referrals when necessary. To be a part of the total team effort to provide role models and prevent undesirable behavior pattems from developing. Endeavor to build and maintain rapport between youth, school, and police by day-to-day contact as a resource person. To become involved in school and outside youth activities in order to understand special problems of youth and how they may be positively addressed. Participate in community affairs as requested or assigned, and be available for lectures to school and community groups. To facilitate education programs for students; i.e., acts as a resource person in the continuing development of drug education, etc. To assist and advise in security matters regarding school buildings and properties that are normally supervised by school staff members upon request of appropriate school official(s). To maintain individual police skills, including physical conditioning. Stay abreast of developments in the crime prevention and youth relations fields and changes in related laws and ordinances. To prepare and submit necessary case files regarding cases assigned or investigated. To work under the direction of the investigative supervisor and will accept input from appropriate school administrative personnel. School Liaison Program Page 2 Major Areas of Accountability 11. 12. 13. 14. 15. 16. 17. 18. Investigates reported crimes, both in and out of the school environment, for the purpose of collecting evidence and identifying, locating, questioning witnesses and suspects, and making legal arrests as justified by the facts developed. Obtains and processes physical evidence. Handles or arranges for the processing of a crime scene including measurements, fingerprints, photos and drawings, etc. Ensures proper development of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for unified approach. Ensures proper disposition of cases for prosecution, builds an accurate and complete case file through reports of actions and findings. Coordinates the disposition of all juvenile matters to provide for a unified approach. Ensures proper disposition of all assigned cases, meets with the Chief of Police regularly to review the status of all cases and determines whether to pursue, delay or close the matter. Confers with parents, other members of the Criminal Justice System, and those private and public agencies within the community which are involved in the case, counseling or treatment of juveniles, children or family units, in the disposition of matters involving juveniles and/or children. Preparation and presentation of appropriate material to students of elementary, junior and senior high schools. Keeps the Investigative Supervisor advised of all current investigations and performs all other duties as apparent or assigned. GUIDELINES FOR THE SCHOOL LIAISON OFFICER POSITION: Section 6 o 11. 12. 13. 14. Work week will be based on a forty-hour week. Work hours will be proximate to the school day. Will be assigned a department vehicle and is authorized to take it to their home, so long as they live within the City of Columbia Heights. Non-police driving is not authorized. Time commitment is appropriately divided in each of the following categories: a. In-school activity at senior high and middle school b. Case investigation, training, and meetings as scheduled c. D.A.R.E. d. Elementary schools Primary supervisor is the Investigative Supervisor. Secondary supervisor is the Chief of Police. Must report to a supervisor daily, but is authorized to report immediately to the school each day if approved. Must be prepared to perform all police functions, as the officer is subject to immediate call-out for other activities, but must be discreet in the visibility of police equipment. Will be assigned a pager, and the pager must be operational during all hours when on duty. Break time will be as defined in the union agreement. Will be assigned desk space at the Police Department and will be provided appropriate office space and supplies by the schools. Must dress in a manner that is acceptable to school administrators and with the approval of the Chief of Police. The officer is at all times under police supervision, but is expected to work closely with school administrators and staff. The objective is to solve problems, assist school staff, and to assist students. Will keep a log and prepare appropriate reports to the Chief of Police. Shall attend the weekly Investigator meetings. JOINT POWERS AGREEMENT Section 7 This Joint Powers Agreement dated this 13th day of November, 2001, is made pursuant to M.S. 471.59 by and between the CITY OF COLUMBIA HEIGHTS (City) and INDEPENDENT SCHOOL DISTRICT #13 (School District). PURPOSE. The purpose of this agreement is to create, fund, and implement the position of Police School Liaison Officer. DUTIES AND RESPONSIBILITIES. The job description for the School Liaison Officer is attached. o SELECTION PROCESS. From applications of qualified applicants for the position of School Liaison Officer, one or more candidates will be selected by a selection board made up of School District # 13 personnel and appointed Police Department personnel. Oral interviews are to be administered by the same selection board. The final appointment of the School Liaison Officer is at the discretion of the Chief of Police. The School Liaison Officer may be removed from the position at the discretion of the Chief of Police. FUNDING. The School District and City will share the following expenses equally during the school year, except in no event may the School District's share of the expenses exceed 1/2 of 9/12 of the total officer compensation and benefit package: A. Officer's Salary B. Position Grade Enhancement C. Holiday Pay D. F.I.C.A. E. Workers Compensation F. P.E.R.A. G. Hospitalization H. Training I. Vehicle-related Costs Cost breakdown for 2000-2001 school year is attached. BILLING. The City shall submit a bill to the School District which will be paid within thirty days of receipt. Page 2 Joint Powers Agreement o o 10. 11. TERM. This agreement shall commence on September 4, 2001, and shall end on June 6, 2002. GENERAL PROVISIONS. The Police School Liaison Officer is a city employee and shall not be considered an employee of the School District for any purpose, including but not limited to salaries, wages, other compensation or fringe benefits, Workers Compensation, Unemployment Compensation, P.E.R.A., Social Security, liability insurance, keeping of personnel records, termination of employment, individual contracts or other contractual rights. The officer will report to and be directed by the Investigative Supervisor, but will consult regularly with the School District officials. The officer will have office space and phone at the School District's high school without cost to the City. INDEMNIFICATION BY CITY. The School Liaison Officer is a City employee. The City shall indemnify, hold harmless, and defend the School District, its elected officials and employees against any and all liability, loss, costs, damages, expenses, claims or actions which the School District, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the City, its agents or employees, in the execution, performance, or failure to adequately perform the City's obligations pursuant to this agreement. INDEMNIFICATION BY SCHOOL DISTRICT. The School District shall indemnify, hold harmless, and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or action which the city, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of the School District, its agents or employees, in the execution, performance or failure to adequately perform the School District's obligations pursuant to this agreement. TERMINATION OF AGREEMENT. Ninety day written notice by either School District or City is required to terminate the program. The Liaison Officer can be removed at any time following the written notification of termination of the program. TEMPORARY REASSIGNMENT. Temporary reassignment of the Liaison Officer is at the discretion of the Chief of Police not to exceed thirty consecutive days, contract to be renegotiated after thirty days. Page 3 Joint Powers Agreement 12. Resolution of unforeseen problems arising in this program shall be negotiated by representatives appointed by the School District and the Chief of Police. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE. CITY OF COLUMBIA HEIGHTS SCHOOL DISTRICT #13 Gary L. Peterson Mayor Dr. Nancy Kaldor Superintendent of Schools Thomas M. Johnson Chief of Police Janet Ostazeski School Board Chair. COST FACTOR BREAKDOWN SCHOOL LIAISON OFFICER PROGRAM Section 8 2001-2002 School Year Base Wage: Patrol Top Wage Police/School Liaison Officer premium Longevity (16 years) Holiday pay Deferred comp. Overtime allocation TOTAL BASE WAGE $4,185.00/month 110.00/month 34.99/month $51,972.00/year 990.00/9 mos. 2,819.00/year 2,398.65/year 300.00/year 2,248.80/year $60,728.45/year Compensation and Fringe: F.I.C.A. (1.45%) Workers Compensation (7.48 each $100 wage) P.E.R.A. (12% gross wage) Hospitalization ($455.00/month) TOTAL FRINGE BENEFIT COSTS 880.56/year 4,542.48/year 7,287.41/year 6,060.00/year $18,770.45/year Miscellaneous Costs: Training Allowance Vehicle Related Expenses TOTAL MISCELLANEOUS COSTS 721.00/year 515.00/year 1,236.00/year TOTAL YEARLY COSTS To compute monthly total: $78,066.76 divided by 12 months = $6,727.90 To compute school year total: $6,505.56 x 9 months (school yr.)= $60,551.17 To compute School District #13 cost: 1/2 of 9/12 funding formula = $30,275.58 TOTAL COST TO SCHOOL DISTRICT #13 $80~734.90/year $30,275.58 mid CITY COUNCIL LETTER Meeting of: NOVEMBER 13, 2001 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: ~'A ~ ASSESSING APPROVAL ITEM: ESTABLISHINGTo BE LEVIED AMOUNT OF ASSESSMENTS BY: Jane Gleason BY: ~/~/~ DATE: 11/5/2001 NO: Consistent with Minnesota Statutes and the City Code, the City Council annually adopts a resolution prior to the Special Assessment Public Hearing regarding costs to be borne by the City for public improvement projects. The resolution establishes the amount of the City share and the amount of the special assessments for projects to be levied against benefiting properties in the City of Columbia Heights. The purpose of the resolution is to advise the general public of costs to be incurred by the City versus costs to be incurred by benefiting property owners. Adoption of the resolution is basically a routine matter in order to comply with State Statutes and the City Code. Staff recommends adoption of the attached Resolution. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 2001-65: Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be levied. COUNCIL ACTION: j g\pir fund\councillevylt r RESOLUTION NO. 2001 - 65 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS ON PROJECTS TO BE LEVIED WHEREAS, the City Council of the City of Columbia Heights by motion on the 8th day of October, 2001, ordered a special assessment hearing to levy the cost of improvements and WHEREAS, the following projects will be specially assessed on November 27, 2001, and a portion of the costs may be borne by the City, NOW, THEREFORE, BE IT HEREBY RESOLVED, pursuant to Minnesota Statutes 429.061, and City Code 4.103, that the estimated breakdown is as follows: CITY OF ESTIMATED ASSESSED ESTIMATED PROJECT HILLTOP CITY PORTION PORTION TOTAL Street Construction $224,120.00 $227,172.00 $451,292.00 Partial Street Construction $ 74,450.00 $180,359.64 $254,809.64 Mill and Overlay $41,760.00 $17,560.00 $ 98,741.50 $158,061.50 Seal Coat Streets in Zone 5 $ 1,200.00 $124,393.75 $125,593.75 General, Utility Funds $560,540.00 $560,540.00 Passed this 13th day of November, 2001 Offered by: Seconded by: Roll Call: Patty Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of November 13, 2001 AGENDA SECTION: Consent L[ f~ - ~O ORIGINATING DEPARTMENT [/ CITY MANAGER NO. - POLICE _ APPROVAL..' .,, Permit Renewal/Application Class B BY: Thomas M. Johnson ~ BY: ITEM: Premises NO Gambling License for VFW Post #230 DATE: November 2, 200~ DATE: BACKGROUND The VFW Post #230, 4446 Central Avenue N.E., Columbia Heights, has submitted a Class B license renewal application, which is attached. The renewal would permit charitable gambling on the premises at this location. ANALYSIS/CONCLUSION Since the organization satisfies the City Council's resolutions regarding charitable gambling and has paid the $250 permit fee, the City Manager recommends the following action. RECOMMENDED MOTION: 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 VFW Post #230,4446 Central Avenue N.E., Columbia Heights; and furthermore, that the City Council hereby waives the remainder of the sixty-day notice to the local goveming body. Attachment mld 01-173 COUNCIL ACTION: State of Minnesota Gambling Control Board Premises Permit Renewal Application For Board Use Only Amt. Pd Check # LG214PPR Printed: 10/18/2001 License Number: B-00012-001 Effective Date: 3/1/2000 Expiration Date: 2/28/2002 Name of Organization: VIeW Post 230 Columbia Heights Gambling Premises Information Nmne of the establishment where gambling will be conducted VFW Post 230 4446 Central Ave NE Columbia Heights, MN 55421 County: Anoka Note: Our records show the premises is located within the city limits Lessor Information Note: Our records indicate that the organization owns this premises Bingo Activity Our records indicate that Bingo is not conducted on these premises. 7807 Hwy 65 NE Spring Lake Park, MN 55432 Storage Information Bank Information Northeast State Bank Gambling Bank 3989 Central Ave NE Account Number: 5004700 Columbia Heights, MN 55421 On the lines provided below list the name, address and title of at least two persons authorizad to sign checks and make deposits and withdrawals for the gambling accounL The organization's treasurer may not handle gambling fund~ Name Address City, State, Zip Code Title ~ .... t322? ........ e, ~,,,_ .~M~m~/~N 88418 John Robert Brodie 160 Gibraltar Rd NE Fridley, MN 55421 ~c r'. / "- -' (Be sure to complete the reverse side of this application) This form will be made available in alternative format (ie. large print, braille) upon request. Page 1 of 2 (Continued on Back) Acknowledgment Page 2 of 2 Gambling Site Authorization I hereby consent that local law enforcement officers, the board or agents of the board, or the commissioner of revenue or public safety or agents of the eQ. mnaissioners, may enter the premises to enforce the law. Bank Records Information The board is authorized to inspect the bank records of the gambling account whenever necessary to fulfill requirements of current }ambling rules and law. rganization License A uthorizatio n I hereby authorize the Gambling Control Board to modify the class of organization license to be consistent with the class of permit being applied for. Oath I declare that: 1. I have read this application and ail information submitted to the board is true, accurate, and complete; 7. 2. ail other required information hasbeen fully disclosed; 3. I am the chief executive officer of the organization; 4. I assume full responsibility for the fair and lawful operation of all activities to be conducted; 5. I will familiarize myself with the laws of Minnesota governing lawful gambling and rules of the board and agree, if licensed, to abide by those laws and rules, including amendments to them; any changes in application information will be submitted to the board and local unit of government within ten days of the change; and I understand that failure to provide required information or providing false or misleading information may result in the Signature of the chief executive officer (Designee may not sign) / for lawful gambling activity at the premises located within /P,~t r~e o~city the city's jurisdiction, and that a resolution specifically approving or denying the application will be forwarded to the applying organization. ~i.~are o~city per~so~nn~ receding application For the township: On behalf of the township, I acknowledge that the organization is applying to conduct lawful gambling Print name of township activity within the township limits. A township has no statutory authority to approve or deny an application (Minn. Stat. sec. 349.213, subd. 2). Signature of township official receiving application / / Title Date For the county: On behaifof the county, I hereby acknowledge this application for lawful gambling activity at the premises located within the county's jurisdiction, and thai a resolution specifically approving or denying the application will be forwarded to the applying organization. Print name of county Signature of county personnel receiving application / / Title Date The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your qualifications to be involved in lawful gambling activities in Minnesota, and to assist the Board in conducting a background investigation of you. You have the right to refuse to supply the information requested; however, if you refuse to supply chis information, the Board may not be able to determine your quaiifications and, as a consequence, may refuse to issue you a license. If you supply the information requested, the Board will be able to process your application. Your name and address will be public information when received by the Board. All the other information that you provide will be private data about you until the Board issues your license. When the Board issues your license, all of the information that you have provided to the Board in the process of applying for your license will become public. If the Board does not issue you a license, all the information you have provided in the process of applying for a license remains private, with the exception of your name and address which will remain public. Private data about you are available only to the following: Board members, staffofthe Board whose work assignment requires that they have access to the information; the Minnesota Department of Public Safety; the Minnesota Attorney General; the Minnesota Commissioners of Administration, Finance, and Revenue; the Minnesota Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies that are specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing 17-13/910 rDATE INVOICE AMOUNT 30426 COLUMBIA HEIGHTS POST NO. 230 V.F.W. GAMBLING ACCOUNT (763) 788-8602 4446 CENTRAL AVENUE NE. COLUMBIA HEIGHTS, MN 5547.1 RESOLLrrlON 96-46 BEING A RESOLUTION AUTHORIZING CERTAIN CHARITABLE GAMBLING Currently, R~olution No. 88-41 reads as follows: BE IT RESOLVED by the City of Columbia Heights that gambling, as described in Minnesota Statute 326 shall be prohibited in all bars and liquor establishments within the City which arc licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.,~0~, or 5.507 of the City Code unless: The organization wi.qflng to gamble obtains thc permission of thc Minnesota Charitable Gambling Control Board; The organization wishing to gamble obtains the permission of the Counc/! of the City of Columbia I~ights; The organization wishing to gambles has been in exislence in ~olumbia Heights for not less than ten years; 4. Thc organization wishing to gamble is a bona fide club; The organization wishing to gamble does not pay the proprietor of the licensed premises a rental or lease payment in excess of the lesser of $400 per month, or the amount authorized by the State Charitable Gambling Control Board for Cla.~ A and Class B licenses. No other remuneration shall be paid to the proprietor for perm/tting the gambling acgvity or device to be located on the licensed premises. A license fee not subject to a waiver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $25 for Ciass C and Class D licenses. License fees shah not prorated or refundable. NOW, THEREFORE, BE IT RESOLVED that 6~is resolution shall take effect on July 1, 1988, and shaU replace Resolution 86-11. Passed this 9lb day of May, 1988. Resolution 88-41 is hereby amended to re~d: RESOLUTION 96-46 BEING A RESOLUTION ALrrHORIZING CERTAIN CHARITABI.P. GAMBLING BE IT RESOLVED by thc City of Columbia Heights that gambling, as described in Minnesota Statute 326 shah be prohibited in ah bars and liquor estabUslunents within the City which are licensed pursuant to Section 5.501, 5.503, 5.504, 5.505, 5.506, or 5.507 of the City Code unless: The organization wishing to gamble obtains the permission of the Minnesota Charitable Gambl~g Comrol Board; The organization wishing to gamble obtains the pe~nission of thc Council of the City of Columbia Heights; The organization wishing to gamble has been in existence in Columbia Heights for not less than ten years; 4. The organization wishing to gamble is a bona fide club; The organization wishing to gamble does not pay the proprietor of the licensed premises a reatal or lease payment in excess of ~ ,000 p~ month, or o.. ~ o ~.~ ~ ~., ,-, ,....~ n...a ,'A. ,-, * .~ ,~ n h payment shall be inclusive of any and all allgwablc ~xpense~ as defined and set forth in MN. STAT. 349 et. seq.~ as amended. No other ~ payment, set-Off, or crediL of any king, 9thor t~an as set forth above, shall be paid to or on behalf of the proprietor~ .or any compimy or vendor providing any service or goods to or oi1 behalf of the prom'ietor. A license fee not subject to a waver shall be paid to the City of Columbia Heights in the amount of $250 for Class A and Class B licenses and $'25 for Class C and Class D licenses. License fees shall not be prorated or refundable. If the organization is determined io be in violation of any of the terms or conditions of this Resolufion~ any authorization hereunder previously granted ~o ~onduct said eambling activi{y may be immediately msoend~xi until such violation{s) is/are cone. cted. Any such determination of violation{s) and any suspension herennder shall be made as follows: At a meeting open to the public; and After a minimum of 10 days notice to the orgsni~ation; and ARer providing the organization with ~e opportunity to present it~ position at said meeting; By a simple ma{ority vote of the City Council. NOW, THEREFORE, BE IT RESOLVED that this resolution shall take effect on l-~!y !, !.~E°-., May 12, 1996, and shall replace Resolution o..~ ! 1 88-41. Passed this 1 3th day of Hay ,1996. Offex~l by: Sturdevant Seconded by: Pete r son Roll Call: A11 ayes f-Anne Studeat, Council-Secreary CITY COUNCIL LETTER Meeting of: November 13, 2001 AGENDA ORIGINATING DEPARTMENT: CITY SECTION: L~ - /6x - ~ MANAGER NO: Fire APPROVAL ITEM: Establish Hearing Dates BY: Dana Alexon NO: License Revocation, Rental Properties DATE: November 6, 2001 DATE: 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. Richard Lee ................................................................... 4600 Polk Street NE 2. Syed Raza ...................................................................... 4616 Tyler Street 3. Marlo Valtierrez ............................................................ 3849 Edgemore Place NE 4. Thomas Zarembski ........................................................ 4201 6th Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Richard Lee at 4600 Polk Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 Tyler Street. RECOMMENDED MOTION: Move to Establish a Hearing Date of November 26, 2001 for Revocation or Suspension of a License to operate a Rental Property within the City of Columbia Heights against Marlo Valtierrez at 3849 Edgemore Place NE. RECOMMENDED MOTION: Move to Establish a Heating Date of November 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Zarembski at 4201 6th Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting off November 13, 2001 AGENDA SECTION: t-I A - ~ ORIGINATING DEPT.: CITY MANAGER NO: - License Department APPROVAl,. /~, ITEM: License Agenda BY: Shelley Hanso~¥~. DATE: ~/~ NO: DATE: November 8, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the November 13, 2001 City Council meeting. This agenda consists of applications for various contractor licenses for the remainder of 2001. Also included on the agenda are the renewals for calendar year 2002 that have been received and approved to date. These include renewals for fuel dispensing devices, tobacco sales, Off Sale Beer, Games of Skill, Liquor, and Wine/Beer. Also listed on the agenda is the renewal of a Currency Exchange License for Money Xchange at 4110 Central Avenue. This type of business is actually licensed by the State of Minnesota. However, pursuant to MN Statute 53A.04, the State is required to submit the application to the governing body of the municipality in which the business operates. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. I forwarded this application to the Police Department, and they see no reason to deny the renewal of this license. 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 November 13, 2001 as presented, regarding the new licenses for 2001 and the renewals for 2002. COUNCIL ACTION: TO CITY COUNCIL November 13, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL CONTRACTORS *AquaStar Plumbing Barthiaumes Northside Cont Jay Bros *H & H Plumbing Hokanson Plumbing & Htg. *Walter Mechanical Inc. 2002 BUSINESS LICENSE LICENSED AT 5337 6th St NE 7726 Norris Lake Rd, Elk River PO Box 700 9218 Lake Dr 4898 W Hidden Valley Dr 9179 Isanti St Blaine 7224 James Ave So. AGENDA FEES $50.00 $50.O0 $50.00 $50.00 $100.00 $50.00 APPROVED BY POLICE CURRENCY EXCHANGE LICENSE RENEWAL Checks Cashed of America LLC dba Money Exchange 4639 Central Ave NE State Lic. FIRE FUEL DISPENSING DEVICES Twin Cities Avanti Stores LLC (16) Jeff's, Bobby & Steve's Autoworld (12) 4001 Central Ave 3701 Central Ave $200.00 $160.00 POLICE POLICE POLICE, FIRE,BLDG TOBACCO/CIGARETTE SALES Hot Market 5011 University Texaco 5257 Walgreen's 4350 Speedway SA Gas 5000 Holiday Station Stores 4259 Twin City Avanti Stores 4001 Rainbow Foods 4300 Sama's Tobacco 4329 Salem Tobacco Inc 2325 University Ave University Ave NE Central Ave NE Central Avenue Central Ave University Ave Central Avenue Central Avenue 37th Place GAMES OF SKILL Metro Coin Co. (Denny's) 5025 Central Ave American Amuse. Arcades (Madys) 3919 Central Ave American Amuse. Arcades (Star Bar) 4004 Central Ave OFF SALE BEER Bisma Inc dba Hot Market Speedway Superamerica Fleming Co-Rainbow Foods 5011 University Ave 5000 Central Ave 4300 Central Ave $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $200.00 $30.00 $9O.OO $120.00 $150.00 $150.00 $150.00 POLICE, FIRE, BLDG WINE/BEER ON SALE Udupi Caf6 Inc 4920 Central Ave $2400 POLICE, FIRE, BLDG LIQUOR Buffalo Wild Wings Col. Hts. Lions Club 4811 Central Ave 530 Mill Street-Murzyn Hall investigation fee. $8200 $300.00 $500.00 POLICE, FIRE, BLDG TEMP BEER Col. Hts. Lions Club Huset Park-Jamboree June 26-30, 2002 $500.00 license agenda BRC F:'INAIqC:IAL. E;YE;"f'EM :1. :1./08/200 .t. .1. 3: 50: .. c~ F'UI'ID rL'IEC~AI'~': F' U I',t D :1. 0 .1. 201. 202 203 204 2!.2 2 .1. 3 225 235 240 250 "."'"' 276 278 385 402 4 .1. 0 411 4:1.2 4.1. 5 43.1. 601 602 603 604 609 70 ! 720 880 'TOTAL. 13 Ii!: I',1 E: F;.' A 1... 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VE hiD01:;: BAI'.IK CHIECK:I:I*I(3 ACCOUIqT ZAR!',IO"f'H BRUSI-I WOI:;,'KS:, II',IC C :1; TY OF' COI...UMB ;1: A HI!i; ;I; E~I..I'T'!~ GL..540R---.V06,, 27 PAGE; 8 CHE:C K NLJMBE:R AMOUN"f' 95257 970.00 278, :1. 57 ,, 87 CITY COUNCIL LETTER Meeting of November 13, 2001 AGENDA ORIGINATING CITY SECTION: ~.O /~ DEPARTMENT: Fire MANAGER APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY: Rental License Revocation DATE: July 17, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Richard Lee regarding rental property at 4600 Polk Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of November 13, 2001. The public hearing on this property may now be closed in that the owner and the tenants were not properly notified of the City Council hearing. The Columbia Heights Fire Department will serve proper notice on all interested parties and schedule a public hearing at the next available date. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Richard Lee Regarding Rental Property at 4600 Polk Street until such time all interested parties can be properly notified. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of November 13, 2001 AGENDA ORIGINATING CITY SECTION: DEPARTMENT: MANAGER ~9 ~ Fire APPROVAL NO: ITEM: Close Hearing BY: Dana Alexon BY:~/~/_~.~ Rental License Revocation DATE: November 6, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against David Wiger regarding rental property at 5045 4th Street for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of November 13, 2001. The public hearing on this property may now be closed in that the owner has brought the property/building into compliance with the Residential Maintenance Code. RECOMMENDED MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by David Wiger Regarding Rental Property at 5045 4t~ Street in that the Property is in Compliance with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of November 13, 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ~o C Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY:/t//ff/~ Revocation DATE: November 6, 2001 DATE: NO: 2001- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Syed Raza regarding rental property at 4622 Tyler Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001- available to the public. , there being ample copies RECOMMENDED MOTION: Move to adopt Resolution No. 2001- ., Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Syed Raza Regarding Rental Property at 4622 Tyler Street. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of October 22, 2001 AGENDA Public Hearings ORIGINATING CITY SECTION: DEPARTMENT: MANAGER APPROVAL NO: /,9.~ Fire ITEM: Re-Issue Rental Housing License after BY: Dana Alexon Revocation DATE: October 17, 2001 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Raymond Buganski Jr. regarding rental property at 1024-1026 45t~ Avenue for failure to meet the requirements of the Residential Maintenance Codes has been resolved. The owner has paid all fees due. RECOMMENDED MOTION: Move to issue a Rental Housing License to Raymond Buganski Jr. to operate the Rental Property located at 1024-1026 45t~ Avenue in that the provisions of the Residential Maintenance Code have been complied with. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of November 13, 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ¢ ~ Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon Revocation DATE: November 6, 2001 DATE: NO: 2001- Revocation of the license to operate a rental trait within the City of Columbia Heights is requested against Michael Johnson regarding rental property at 4919-4921 Jackson Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001- available to the public. __., there being ample copies RECOMMENDED MOTION: Move to adopt Resolution No. 2001-__., Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Michael Johnson Regarding Rental Property at 4919-4921 Jackson Street. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of November 13, 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ¢ 7 Fire APPROVAL ITEM: Revocation Close Hearing/Adopt Resolution For BY: Dana Alexon BY: DATE: November 6, 2001 DATE: NO: 2001- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Donald Ferry. regarding rental property at 4536-4538 ,.]th Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001- available to the public. __, there being ample copies RECOMMENDED MOTION: Move to adopt Resolution No. 2001- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Donald Ferry Regarding Rental Property at 4536-4538 7th Street. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of November 13, 2001 AGENDA Resolutions/Ordinances ORIGINATING CITY SECTION: DEPARTMENT: MANAGER NO: ~O G Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY://~~ Revocation DATE: November 6, 2001 DATE: NO: 2001- Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against David Jacobs/Susan Loewenthal regarding rental property at 4040-4042 Cleveland Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001- available to the public. , there being ample copies RECOMMENDED MOTION: Move to adopt Resolution No. 2001- , Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by David Jacobs/Susan Loewenthal Regarding Rental Property at 4040-4042 Cleveland Street. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 13, 2001 AGENDA SECTION: PUBLIC HEARING ~ ~ ORIGINATING DEPARTMENT: CITY MANAGER' S NO: CITY MANAGER' S A~PROVAL.. / / .4 NO: DATE: lO-31-Ol DATE:" V On March 1, 2001, City staff received notice from AT & T Broadband t~'~ev would be ad4ustin, rates for basic service programming, installation, and associated equipment on or about July 1, 2001. Staff, the Cable Attorney, and a Certified Public Accountant are currently in the process of reviewing the rates AT & T Broadband implemented in July, 2001, for basic programming, installation, and associated equipment. Basic programming consists of over-the-air broadcast stations, public, educational, and government access channels, and any other programming AT & T Broadband chooses to add to its basic tier of service. The City does not regulate the rates for any programming not carried on the basic service tier, including (but not limited to) programming offered on a pay-per-channel or pay-per-program basis. Under federal law, the rates for all programming not included in the basic service ties are unregulated. The rates implemented by AT & T Broadband on July 1, 2001, are: Basic Service Converter/Receiver Remote Control Hourly Service Charqe Installation---Unwired Home Installation-Prewired Home Installation-Additional Outlet- Connect Initial PRIOR TO JULY~ 2001 $ 7.93 $ 2.66 $ .47 $31.95 $31.95 $29.95 $ 7.95 EFFECTIVE JULY 1, 2001 $ 8.33 $ 1.85 for Basic Only $ 3.80 all others $ .35 $27.99 $41.99 $24.99 $13.49 Installation-Additional $28.95 $19.99 Outlet- Connect Separate Other Install---Relocate Outlet $24.52 $18.99 Connect VCR - Connect Initial $ 5.99 Connect VCR - Connect Separate $17.94 $12.99 part of its rate review, the City must hold a public hearing. The purpose of the public Learing is to permit interested persons to express their views on the basic service programming .nd equipment rates and installation charges AT & T Broadband calculated in its March 2001 rate !iling and implemented in July 2001. in accordance with federal law, it is the City's responsibility, as a certified rate regulation ~uthority, to determine whether the basic service programming and equipment rates and .nstallation fees charged by AT & T Broadband comply with the Federal Communication Commission's 'ate regulation rules, orders, and decisions. If it is ultimately determined that AT & T ~roadband has overcharged subscribers for basic service programming, associated equipment or .nstallation, the City Council may order refunds and a prospective rate reduction. ,t their meeting of October 22, 2001, the City Council established a public hearing date of ~esday, November 13, 2001, at 7:00 p.m. or as soon thereafter as possible, to permit interested ~ersons an opportunity to express their views on the basic service programming and equipment · ares and installation charges AT & T Broadband calculated in its March 2001 rate filing and .mplemented in July 2001. Pursuant to the City's Rate Regulation Policies and Procedures, the ~tice of the public hearing was published in the Focus Newspaper and appeared on the government ~nd public access channels. Additionally, notice of the hearing was placed on the city's rebsite. ~ECOMMENDED MOTION: Move to close the public hearing, as interested parties have had an ~pportunity to express their views on the basic programming and equipment rates and installation :harges AT & T Broadband calculated in its March 2001, rate filing and implemented in July, :001. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' 11/13/01 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER ITEM: AWARD OF 2001 SANITARY SEWER LINING BY: K. Hansen__ ... TO LAMETTI AND SONS, PROJECTS 0103 AND 0104 DATE: 11/07/0 ~-~ · Background: On July 23, 2001 and October 8, 2001, City Council authorized staff to seek bids for sanitary sewer lining on 3~a Street and 45~h Avenue, respectively. This is an annual program to rehabilitate sections of sanitary sewer pipe that have been televised and found to be deteriorating, have cracked or broken joints or sections, contain root intrusion or have infiltration present. This project consists of lining 1,170' of 8" vitrified clay pipe sanitary sewer on 3ra Street from 42na Avenue to 44~ Avenue and 670' of 15" reinforced concrete pipe sanitary sewer on 45t~ Avenue from University Avenue Service Drive to 5th Street. Plans and specifications were advertised for bids in the Focus on October 11, 2001. Three contractors received copies of the bidding documents. Bids were received and publicly read aloud at the November 1, 2001 bid opening. A copy of the minutes is attached. Analysis/Conclusions: The low bid was submitted by Lametti and Sons, Inc. of Hugo, Minnesota, in the amount of $56,540.00. The bid was comprised of $35,100.00 for lining 3rd Street and $21,440.00 for lining 45th Avenue. The Public Works budget annually estimates $50,000 for lining sanitaxy sewer. Recommended Motion: Move to waive the reading of Resolution No. 2001-69, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 2001-69 accepting bids and awarding the 2001 Sanitary Sewer Lining Project #0103 and #0104 to Lametti and Sons of Hugo, Minnesota, based upon their low, qualified, responsible bid in the amount of $56,540.00; with $35,100.00 to be appropriated from Fund 652-50103-5130 (3~a Street) and $21,440.00 to be appropriated from Fund 652-50104-5130 (45th Avenue); and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. ICU.'jb Attachment: Bid Opening Minutes Resolution COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS Minutes of Bid Opening on Thursday, November 1, 2001, 10:00 a.m. City Project No. 0103 and 0104 2001 Sanitary Sewer Lining Project Pursuant to an advertisement for bids for City Project No. 0103 and 0104, an administrative meeting was held on November 1, 2001 at 10:00 a.m. for the purpose of bid opening. Bids were opened and read aloud. Attending the meeting were: Rob Ratz, Insituform Technologies USA, Inc. Brett Anderson, Lametti & Sons, Inc. Dean Korts, Visu-Sewer Clean & Seal, Inc. Kathy Young, Assistant City Engineer Joanne Baker, Public Works Secretary Bids were opened and read aloud as follows: Bidder Lametti & Sons, Inc. Insimform Technologies USA Visu-Sewer Clean & Seal, Inc. $56,540 $57,635 $58,O5O Respectfully submitS_ Joanne Baker, Public Works Secretary jb RESOLUTION NO. 2001-69 BEING A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 2001 SANITARY SEWER LINING CITY PROJECTS 0103 AND 0104 TO LAMETTI & SONS, INC. OF HUGO, MINNESOTA WHEREAS, pursuant to an advertisement for bids for City Projects 0103 and 0104, 2001 Sanitary Sewer Lining Project, bids were received, opened and tabulated according to law. The following bids were received complying with the advertisement: Bidder Lametti & Sons, Inc. Insimform Technologies USA, Inc. Visu-Sewer Clean & Seal, Inc. Base Bid $56,540 $57,635 $58,O5O WHEREAS, it appears that Lametti and Sons, Inc., 16028 Forest Blvd. No., P.O. Box 477, Hugo, Minnesota, 55038, is the lowest responsible bidder. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA, THAT: The Mayor and City Manager are hereby authorized and directed to enter into a contract with Lametti & Sons, Inc. in the name of the City of Columbia Heights for the 2001 Sanitary Sewer Lining Project, City Projects 0103 and 0104, 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. Dated this 13th day of November, 2001 Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS By: Mayor, Gary Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: 11/13/01 AGENDA SECTION: BID CONSIDERATIONS ORIGINATING DEPARTMENT: CITY MANAGER NO: ~"~ - ~2a -'~. PUBLIC WORKS~ j~~ ITEM: CHANGE ORDER NO. 2 TO SUNRAM BY: K. Hansen~,v,w ~ BY: CONSTRUCTION FOR CITY PROJECT 9818, DATE: 11/8/01~...~-. DATE: JEFFERSON DIVIDE RETAINING WALL Background: On July 10, 2000, City Council authorized staff to seek bids for retaining wall construction at the following locations along State Aid Streets: Jefferson Divide and 4342 Arthur Street. Construction of both modular block retaining walls are complete. Analysis and Conclusions: The restoration for the Jefferson Divide retaining wall included the planting of a variety of shrubs and tree plantings, wood cover mulch, and an ADA compliant hand railing along the pedestrian walkway. During the restoration process, staff came to the conclusion that shrub planting would not provide enough of a barrier along the top of the north retaining wall, north of the pedestrian walk entrance from 46-1/2 Avenue. Staff requested quotes from the general contractor to install a black vinyl coated chain link fence along this area to provide a barrier for the elevation difference. The quote provided from Century Fence is acceptable and staff recommends the installation of the fence. Recommended Motion: Move to authorize Change Order No. 2 for City Project 09818, Jefferson Divide Retaining Wall, to Sunram Construction, Inc. in an amount not-to-exceed $4,500 for the addition of a 60-inch vinyl coated chain link fence on the north wall, north of the pedestrian walk. Attachment: ~..jb Change Order No. 2 Drawing COUNCIL ACTION: CHANGE ORDER NO. 2 Project: Retaining Wall Construction City Project: 9818 and 0012 Owner: City of Columbia Heights Date of Issuance: November 13, 2001 637 38th Avenue N.E. Columbia Heights, MN 55421 Contractor: Sunram Construction, Inc. Engineer: City Engineer 20010 75th Avenue North Corcoran, MN 55340 You are directed to make the following changes in the Contract Documents: Description: See attached. Purpose of Change Order: The contract has been modified to include the following: See Description Sheet. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME Original Contract Price: Original Contract Time: $139,866.23 Previous Change Orders No. ~1 to No. __ Net Change from Previous Change Order: $ 18,320.00 N/A Contract Price Prior' to this Change Order: Contract Time Prior to this Change Order: $158,186.23 Net Increase of this Change Order 2: Net Increase (Decrease) of Change Order: $ 4,500.00 Contract Price with all Approved Change Orders: Contract Time with Approved Change Orders: $16 ~2,686.23 Reco t~~~.~~ Approved By: c~ ~L~'Vfl~/~ ~x/'~t ,~/X By: C~y En~er ~9~ .... ~ (Contractor) Approved By: Approved By: Date of Council Action Gary Peterson, Mayor Walter Fehst, City Manager Attachment to Change Order No. 2 Attachment to Change Order No. 2 City Project 9818 and 0012 Owner: Contractor: Project: City of Columbia Heights Sunram Construction, Inc. Retaining Wall Construction Description of Changes: Furnish and install a 60-inch tall black vinyl coated chain link fence, on the back of the north retaining wall, north of the pedestrian access from 46-1/2 Avenue. Item No. Item Description Unit Quantity Unit Price Est. Total Price 1 F & I vinyl coated CL Fence L.F. 200 $ 22.50 $ 4,500.00 TOTAL CHANGE ORDER NO. 1 $ 4,500.00 COLUMBIA ltEIGHTS CITY COUNCIL LETTER Meeting of: November 13, 2001 AGENDA SECTION: -7 - C ITEM: Maintenance of HVAC systems at all City buildings ORIGINATING DEPARTMENT: Community Development BY: Mel Collova, Bldg. Official DATE: November 9, 2001 CITY MANAGER' S APPROVAL BACKGROUND: In November of 1992, the City entered into a seven year agreement with Honeywell to provide an Energy Conservation Program encompassing a retrofit program, an off site energy management, and a full service equipment maintenance program. In November of 1999, the City entered into a one-year Contract with Honeywell for provision of off-site energy management services and equipment maintenance services at a cost of $67,878. The following year "2000-2001", Honeywell was awarded an additional one-year contract in the amount of $69,924. This current contract with Honeywell expires November 23, 2001. City staff met to discuss options for provision of equipment maintenance services and felt a new long-term contract was more cost effective than year to year extensions. Therefore, staff recommends entering into an extended energy management services and equipment services agreement for six years with the following fixed pricing: Year One: $66,816 Year Two: $71,395 Year Three: $73,537 Year Four: $75,743 Year Five: $78,016 Year Six: $80,356 This represents a 4.44% reduction from the present contract price, a 6.8% increase the second year, and a 3% increase for each of the following four years. All building coverages would remain the same as under existing contract. They would include: City Hall Col. Hghts. Public Library Top Value Liquor II Pump House 2 and 3 Chatham Lift Station Top Value Liquor Municipal Service Center Eight Park Buildings Heights Liquor Sullivan Lake Lift Station John P. Murzyn Hall All City divisions affected by this contract have indicated satisfaction of service and that response times for corrective action have been successfully met at all levels. The changes from the present contract are as follows: · The yearly contract fees as stated above · Additional language allowing the City to terminate the agreement if it creates an internal maintenance source, ie, changes over to city employee maintenance · City is required to replace four Police Station roof top units with new. The City, as always, has the right to terminate the agreement for cause after giving Honeywell 60 days written advanced notice. Recommended Motion: Move to approve a six year agreement with Honeywell for the provision of equipment maintenance services as listed; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. COUNCIL ACTION: Honeywell Inc., Home and Building Control SERVICE AGREEMENT By and between HONEYWELL Inc., acting through and on behalf of Its Home and Building Control Division 7171 Ohms Lane Edina, MN 55439 Proposal Number: 914TB100107 Date: 11/7/2001 Agreement Number: 914-02-12181 (CUSTOMER) City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Services will be provided at the following location(s): As per current agreement (proposal number 914-99002, dated 10/11/99) HONEYWELL shall provide Services in accordance with the attached work scope documents and terms and conditions, which form a part of this Agreement x Preferred Temperature Control Maintenance Flex Temperature Control Services Preferred Automation Maintenance Flex Automation Services Fire Alarm and Security System Maintenance Fire Alarm and Security Test and Inspect Services x Preferred Mechanical Maintenance Flex Mechanical Services x ServiceNetTM Remote Monitoring and Control Service __Site Services __Energy Auditing and Analysis Services x Air Filter Services x Water Treatment Services __Critical Parts Stocking __Reliability Services __Personnel Development Services __Indoor Air Quality Auditing Services _x_Other/Special Provisions The annual price of See Special Provisions dollars, ($See Special Provisions), plus applicable taxes, shall be payable in accordance with Article 3 herein. Service shall commence on 11-24-01 ("Effective Date"). This proposal is valid through 11-24-01. Statements made to you in the course of this sale are subject to the Year 2000 Information and Disclosure Act (Public Law 105-271,112 Stat. 2386). In the case of a dispute, this Act may reduce your legal rights regarding the use of any such statements, unless otherwise specified by your contract or tariff. This proposal and the pages attached shall become an Agreement only upon signature below by HONEYWELL and CUSTOMER. No waiver or modification of any terms or conditions of this Agreement shall be binding on HONEYWELL unless made in writing and signed by an authorized representative of HONEYWELL. HONEYWELL Inc. CUSTOMER: Signature: Signature: (Type in Name) (Type in Name) Title: Title: Date: Date: City of Columbia Heights Signature: (Type in Name) Title: Date: Proposal Number Proposal Number Honeywell Service Agreement (Rev.04/99) Customer/Honeywell Initials __ Page 1 of 2 SPECIAL PROVISIONS These Special Provisions are incorporated herein by reference and made a part of the Honeywell Inc., Home & Building Control Agreement No. 914-02-12181 All terms, conditions, coverages and service locations remain as indicated in the current agreement (proposal number 914-99002, dated 10/11/99) with the exception of the following. The parties agree that the following changes or modifications shall be part of and incorporated into the above referenced Agreement as follows: Article 3.2 Changed in its entirety to read: The initial term of this agreement will begin on the effective date and continue for a period of six (6) years. The pricing for the 6 years is fixed and is as follows; Year 1:$66,816 Year 2:$71,395 Year 3:$73,537 Year 4:$75,743 Year 5:$78,016 Year 6:$80,356 Article 4.1 "for cause" may include, but is not limited to, the city changing to an internal maintenance source. Additionally: Customer to replace (4) Police Station Rooftop Units with new, like quality units. Proposal Number Proposal Number Honeywell Service Agreement (Rev.04/99) Customer/Honeywell Initials __ / __ Page 2 of 2 Honeywell Inc., Home and Building Control SERVICE AGREEMENT By and between HONEYWELL lac., acting through and on behalf of lts Home and Building Control Division 7171 Ohms Lane Edina, MN 55439 Proposal Number: 914-99002 Date: 10/11/99 Agreement Number: 914-02-12181 (CUSTOMER) City of Columbia Heights 590 40~ Avenue N. E. Columbia Heights MN 55421 Services will be provided at the following location(s): City of Columbia Heights Facilities As listed on special provisions - Page 14 HONEYWELL shall provide Services in accordance with the attached work scope documents and terms and conditions, which form a part of this Agreement ~X Preferred Temperature Control Maintenance Flex Temperature Control Services Preferred Automation Maintenance Flex Automation Services Fire Alarm and Security System Maintenance Fire Alarm and Security Test and Inspect Services ~ Preferred Mechanical Maintenance Flex Mechanical Services X ServiceNetTM Remote Monitoring and Control Service __ Site Services · Energy Auditing and Analysis Services X Air Filter Services _~Water Treatment Services __Critical Parts Stocking __Reliability Services __Personnel Development Services ~Indoor Air Qualit)' Auditing Services _~Other/Special Provisions The annual price of Sixty-seven thousand~ eight hundred and seventy_ eight d0Hars, ($67,878.00), plus app!icable taxes, shall be payable in accordance with Article 3 herein. Service shall commence on November 10, 1999. This proposal is valid through 11/10/99. Statements made to you in the course of this sale are subject to the Year 2000 Information and Disclosure Act (Public Law 105-271, ! 12 Stat. 2386). In the case of a dispute, this Act may reduce your legal fights regarding the use of any such statements, unless otherwise specified by your contract or tariff. This proposal and the pages attached shall become an Agreement only upon signature below by HONEYWELL and CUSTOMER. No waiver or modification of any terms or conditions of this Agreement shall be bindingin~eRl~on HONEYWELL unless made ' and signed by an authorized representative of HONEYWELL. / ] CUSTOMER: HONEYWELL~/ Signature: Signature: (Type in Nm~e) Richard (Type in Name) Gary L.~ Oeterson Title: District Service Manager Title: Ha yo r $~gnature: (Type in Narn~)- ~alter gt Fehst Proposal Number 914-99002 Honeywell Service Agreement (Rev.04/99) TTtle: City Hanaqer Date: ~ Approved as to For,m:~mm/~m~~=m~~~:~ Page 1 of 18 ARTICLE I. DEFINITIONS I,! 'Equipmenl" rne~ ~he ~quipment c. ovemd by ~ ~ m ~ ~ ~ HON~L ~ ~ A~ ~d is i~fi~ in ~e ~c~ve w~ ~ ~e "Lin of Cov~ l.~ 'S~4c~" ~ ~ ~ md ~li~ ~ ~ ~ ~ HON~L m s~ of ~STO~R ~ to ~is A~c ~ ~ f~ly ~led m ~e ~hed ~CLE 2. of ~e ~i~. ~, ~ ~ ~fe ~ ~s) ~ ~ ~ ~STO~'S ~ve It ~ ~ ~ ~ ~r, ~ ~ ~ ~ ~i~ ~y ~ly m ~ ~ ~1~ in ~e ~ L~ of~ ~m~t ~r piping, ~ s~ ~ ~ ~-~ ~ ~ ~ ~cl~ ~ ~ A~t ~ m ~r w ~ s~ ~-~nmn~le ~ will ~ of ~STO~R ~ i~ ~oy~, ~ ~ ~ li~mi~ el~ ~ ~ ~ ~ol~t ~ ~ ~' ~y ~ ~ ~ HONkie'S ~1 HO~ will ~ovi~ ~h 2.6 ~i~ A~t ~ ~ ~e ~ ~ ~ui~t incl~ in ~e ~h~ ~ of Cov~ ~t ~ in ~n~n~le cm&ti~ If ~ ~ n~ i~i~ ~ initi~ ~m~ ~-u~. ~r c~ will ~ s~ined f~ ~ov~ Sh~ld ~ ~ ~ ~lin~ ~e n~-~n~n~le ~t~ wdl ~ elimm~ed ~om HONeYWeLL sh~l n~ ~ ~ible ~ ~nmn a ~ly of, ~l~ ~'~ ~l~e I~ ~ n~ chl~oflu~ (CFC} ~ ~ n~ ~;se reqmred · is A~t CUSTO~R sh~ ~ ~lely ~ible f~ ~e ~ of~ ~d I~ of~y ~uch r~t not o~'i~ ~o~d f~ ~ ~i~ A~l at 2.9 M~m~ce. r~, ~d r~l~l of ~ui~ ~ ~d c~ ~e limi~ to ~n~ xo ~ w~ini ~&~i~ HONeYWeLL sh~l n~ ~ oblig~ed ~o provide ~t~ of~e ~'~(s) ~ ~i~ f~d incl~ m ~e ~h~ Lin of Cov~ ~.1 I.I All n~cy ~'i~ ~ ~ A~t will ~ ~ d~ng ~e h~ of [ ~ ~m - d ~0 p m I~ ~ M~y ~ Fn~y, e~du&n~ f~ hol~y~ If fe~ hoh~y~). ~y ov~me ~ ~ ~n~ ex~ ~i~ ~', s~h ~ ~ ~ ~ c~ n~ inclu~ in ~is A~ ~1 ~ billed to CUSTO~R ~. I I.~ CUSTO~R ~11 ~y n~ HO~L of~y ~ m ~e ~s) ~ ~ ~v~ ~ ~ A~t ~ c~ to ~STO~R'S ~t*~. mvo~c~ to CUSTOmeR in ~v~ f~ ~m ~ ~ ~ ~n~ ~e su~qu~t ~llin$ ~ ~d ~t ~h~l ~ due wi~m ~ (20} Oy~ afi~ CUSTOMER'S r~ of ~h s~h mv~ p~ f~ ~ ~ ~e ~ ~ five (5) ~ sh~l ~ in~ ~ ~e ~e ~e t~ ~e ~e of ~t ~ ~e me of ~e ~d ~.h~ f ~STO~R ~ HOWELL m i~ ~STO~'S ~ ~ ~e ~ ~ f~ S~ ~ i~fifi~ in P~ ~ I ~ve HON~LL ~lin~g Am~c ~n~ H~ (ACH) m imfime ~ ~ ~ ~S~R ~ ~ it h~ ~e n~t to ~ive n~ if ~e ~h~l~ T~ and P~ ~ ~ ini~ ~ ~ ~h ~t ~11 ~ ~ ~ Eff~ ~ ~d ~ f~ a ~ ~ ~e ( I ) y~. ~ ~ ~ ~ ~ ~ a y~ly ~is HON~ ~ ~ly ~ ~ ~ ~ f~ ~ ~ ~ ~ U S. Ci~ Av~e ~ ~ ~ (SPI), ~ ~li~ ~ ~e U S 4.1 ~STO~R ~ ~ ~ ~t f~ ~ ~ ~n[ HO~ ~ (~) ~ ~ ~ ~ 4.2 HO~L ~ ~ ~ ~ f~ ~ (~ ~ ~ ~ ~ ~$TO~'S f~l~ m ~e ~ ~ ~ h~in) ~ ~M ~STO~ · e ~e of ~lm~ Proposal Number 914-99002 Honey,veil Service Agreement (Rev.04/99) Customer/Honeywell initials ~ / ~_~ Page 2 of 18 ARTICLE 5. S.I 5.1.1 5.2 5.2.1 5.3. S.3.1 5.3.2 5.4 $.4,1 5.4.2 5.5 5.5.! 5.5.2 5.5.3 5.5.4 5.5.4.1 $.5.4~ 5.5.4~ Proposal Honeywell GEN£RAL TERMS AND CONDITIONS Confidential lnfomatJan CUSTOMER ~ thac during the term OF this .6,~eement, CUSTOMER or CUSTOMrcR'S employees, asal~nces and agents will nc~, without HONEY~V'ELL's prior ~'ritlen pem'~siott` di~lo~e this Agrcem~t ce any m~aal~ or data relative to this Ag~'mun! to any ~l~anizafion or it~vidila], and will neat all infoo~afion provid~ by HONEYWELL CUSTOMER may no~ ~z~ its ti~lm or delegate ~ obligations under this A~z~ement, in whole or in part, w~hou! the prior wrinen coosem of HONEYWELL. HONEYWELL may assign its fight to receive payment to a third par~. HON£YNVELL shall maintain C~unereinl Gan~'al and Automobile Liability. Insurance appllemble tn ~.e ServJe~ for not hm than the following limits of linblllt): Commercial CA. net~J Liability Combined Single Limit C..o~'ne~al Automobile Liability Combined Single Limit S 1,0oo.ooo F.~h Occur~nce SI0,000.000 Product & Comple~d Opemiom A~regate SI,000.000 Each Occufl'ence Workers' Compemarion Statumv/ CUSTOIV~R shah be responsible for mnintalninI Its own linbfllD' and property' Insurance. Hszlrdous Mater[ab CUSTOMER repr~ents and warrants thaL exct~t as otherwise disclosed in this Agreement. in the arem whom HONEYWELL will undertake work or provide Services, there are no (a) materials or sube~ances classified as ~.oxic or hanardous either (i) on or within the walls, floors, ceilings or other su'uc~ural components or (ii) otheV~se located in thc work arca~ including asbes~,os of presumed asbemce-containinll maIerials, formaldchyde, containers or pipelines containing petroleum producu or hazardous subs'daces, e~c; (b) situations subject lo special precautions or equipment r~juired by federal, slate or local health or safety re~ulatiuns~ or (c) unsafe working conditiem CUSTOMER shall notif~ HONEYWELL of any changes or uj:~es that occur dminll the course OF this A~J~'ment If any such moteri&is, situa~ons or condigons, whether disclosed or noL are in fact discovered by HONEYWELL or othe~ and I~Ovide an unsafe condition for Ihe performance of the work or Se~ices, the discovn'y of the motcrial, situaion or condition shall constitute a came beyond HONEYAVELL'S reasonable control and HONEY'W'£LL shall have the right to cease or nor. commence the work or Services until the a~ea has berm ma~ safe by CUSTOM~.R OF CUSTOMER'S re~wanma~ve, al CUSTOMER'S expe~e CUSTOM£R SHALL I~DEIVINIFY ~ HOLD HON£YW£LL HARMLESS FROM ~ &GAINST .~0qY 4A'D .4.LL CLAIMS .4J~'D COSTS OF WHATEVER NATURE, INCLUDING BUT NOT LIMIT£1) TO, CONSULT.4~qTS' .42qi) A'rTORN£YS' FK£S, DAMAGES FOR BODILY INJURY AND PRO~'£RTY DAMAGE, FIN£S, P£NALTIES. CLE,4g%IUP COSTS AND COSTS ASSOCIATED V. TFH D£LA¥ OR WORK STOPPAGE, THAT IN ANY WAY RESULTS FROM OR ARISES UND£R SUCH MAT£RIALS, SITUATIONS OR CONDmONS, REG.4.RDLF-.SS OF WH~THER CUSTOMI:R HAS PRE-NOTIFIeD HON£YW£LL THIS L'~)EIVINIFIC&TION SHALL SURVIV£ TERMINATION OF TH~ AGRE£MENT FOR M,3L4,TEVER REASON. Warranties and Limitation of Linbiliv,' HONEYWELL will replace or rePtar any product HONEYVtELL provides or CUSTOMER purchases under this AgF~ement that fails within the warranty period (one year) because of defective workmanship or materials The failure mus~ nm ruul! fi'om CUSTOMER negligence, or from fire, lighming, ware~ damaje, or any other came beyond HONEYV;ELL'S control This w&-ranty applies to bo~ HONEYWELL-manufactured and outside-purchased (for resale) produc~.s The wsrrmty effeoive date is the date of CUSTOMER acceptance of the product or the dine CUSTOMI=R begins to rec~ve beneficial use of the product, whichever comes first THE WARRANTIES S£T FORTH HEREIN A=q,E £XCLUSIV~, ~ HONEYWELL £XI~RESSLY i)ISCLAIMS ,diLL OTH~R W~).P. ANTI£S, WRITTEN OR ORAL, IM~I IFD OR ST&TUTORY, INCLUDING BUT NOT LIMITED TO, 4NY WARRANTIES OF MERCiIANTABXLr~' .4.ND FITN£SS FOR A P~q. TICULAR PURPOSs', WITH RESI~ECT TO THE S£RVICES, £QUil~MENT, AND MATERIALS PROVIDED HERELrND£R. HON£YW£LL SHALL NOT B£ LIABL£ FOR ,6~'y SPECIAL. INDIRECT, INCIDENT.4.L OR CONSF. Q~.4.L DAMAG£S ARISING FROM, OR RELATING TO, TIllS LIMITED V~',OOO~H"FY OR ITS BREACH. HONEYWELL shall nm be liable for damases caused by delay or intoTup~ion in Services due to fire, flon~L c~'rosive subslances in the air. s~ike, lockout, dispme with workmen. inability to obtain mm_m'ia] or settees, commo~ion, war, ~ of God or any other ca~se beyond HONEYV/ELL'S Fr. asonable control Should any pa~ of Equipment be ctamnged by firc. wmer. lighming, a~s of Gc~ ~ird par~ies or any o~er cause beyond the control of HONEYWELL. any repmrs or replacement shall be paid for b.~ CUSTOMER Year ~'000 ~'nrrant~,' Honeywell wan'mu tint any software, ~ and/or components provided p~soam to this Agr~oonm and which were m~ufactured by HONEYWELL. will be ur~blc prior to and during the calendar year 2000 AD without subsmngal error r~lating to date der& specifically incJudinll any e~tor relmmll to, or the product of. dale data which reprasenu or references different centuries or mote than one century. HONEYWELL DOES NOT WARRANT, &ND HEREBY DISCt..4dMS ~JqY WARRANTY THAT ANY SoF'rw.dd~, S fSTEM OR COM]~ON£NT PROVIDED UNDER THIS AGRE£1dF..NT, WILL RE$OLV'~ ~,JqY YEA~R 2000 RELATED ISSU£ WITH ANY SYST£M, $OFTW~q.£ OR COMPONKNT ~Y IN CUSTOMER'S POSSESSION OR USE OR NOT MA.~Fl.TFAC'FURL'D BY HON£YW£LL HONEYWELL DOES NOT W~P. RANT THAT ~ SOFTWAI~, SYSTF. M OR ,4JqY COM~ONE/qT THEREOf, CURR~N'rLY IN CUSTOMER'S POSSESSION, WHETI~R OR NOT COVEP.~:I) t.rNDti THIS AGRE£MI:NT ~ WHETHER OR NOT PROVIDED BY HONEYWELL. WILL B£ USABLE FRIOR TO, DURING, AND ~q'I'~R TH~ CAJ.~qDAR YEAR 2000 A,D. HONt'YW~LL DO£S NOT W,4JIP~qdq3' ~ HEREBY DISCLAIMS ANY SOFTWARI~. SYSTEM OR .4~qY COMPONF. NT THEREOF WILL OP£RATE DURING F. ACH SUCH TIM]~ P£RIOD WITHOUT ERROR RELATING TO DATE DATA. SF£C[FIC;tL,L¥ INCLUDING ,aNY ERROR R~LATING TO, OR 331E PRODUCT OF, DATE DATA WHICH REPRES£NTS OR DIF££REN'f CI0q'FURII~S OR MORE THAN ~INE CENTURY. IF ANY HON£YWELL SYSTEM, SOFTW~q]~ OR COMI*ONENT SHOULD FAIL TO MEET TH~ ABOVE W.4J~RANTY, HONEYWELL IN ITS SOLE OPTION SHALL REI'.ddR OR REPLAC£ THE SYSTEM, SOFTWA.q£ OR COMPONENT WITH IN 90 DAYS OR FROVID£ ~ I'RORATF..D REFUND BAS£D UPON A 6O MONTH US£FUL Ln~ FOR TH~ SOFTWAR£. WITH RF..SP£CT TO THE PROCESSING OF D&TF..S &ND TIMF. S BY HONL'YWELL SOFTW~).F.. THE W.4dq=q.4JqTY STAT£D HEREIN IS £XCLUSIVE. IN NO £VENT SHALL HONEYWELL BE LIABLE FOR ~ NON-HONEYWELL SUPPLI£D SOFTW~bqI~ OR FOR ~ W~RANTIF. S lMm'LIED BY LAW OR OTHERWISE, INCLUDING .4JqY W.OOt, ANTIES OF M~RCH.4~TABILFFY OR FITNF. SS FOR · PARTICULAR P'URPOS£. IN NO EVENT Slt&LL HONKYW£LL OR ITS D1RECTOia~. OFFIC£R3, OR £MPLOYE£S B£ LIABLE TO CUSTOMER FOR ANY I~I)IRECT, INCIDENTAL. SP£CI.~L, OR Number 914-99002 Customer/Honeywell Initials -/~'~/._~ $¢rvi~ ^~'¢¢ment (1~v.04/99) Pag~ ~ of 18 S.6 S.6.! S.6.2 S.? ARTICLE 6.1 6.2 6.3 6.4 ARTICLE ?.1 7.2 ARTif~LE s. tndmnftN- and Limitation of Liobiifw HONEY'WELL afre~ ~, ind~nnif'y and ho~d CUSTOMI~R and its lien,s and employess haflnless fT~m ail claims f~' bodily injury and properS' d~ma~es to the extent such claims result from er rose undn' HONEYW~.LL'S nealile~ n~ions ~ W~llful mu~du~ in m ~,~'omun~e of the Se~'~ PROVI~£D, THAT NOTll~G IN TH~S .~tTICLE $[~LL BE CONSTRUT. D OR UN'I)I~R,~TOOD TO At.I"~R ~ i..[b~ATIONS OF Li,d~rl ITY CON'I',~N~'D i~ Tiffs A~RTiCL~' OR ~ IN'DE.~LNIFICATION CONTkiNED IN P.OtAGRA~H S.&2. IN NO s'V~NT SII~LL HONEYWELL BE LIABLE FOR ANY SPECt~d~ INCI~L'~TAJ~ INDI.R~CT. SPICUL~,TI%~, I~KMOTE. OR CONSEQUEN'FLkL Dk.MAGF. S ,~RISING FROM. ~ELkTING TO. OR CONNI~C'i"~) WITI! ~ StRVICl~S. EQUI~.~...N~r, MATERIALS. OR AN~ GOODS PRO%'~)ED II~I~UN~ER. SUCH IN~E~'ITY OBLIGATION !~ V~t.[~ ONLY TO ~ s'~ Cus'ro~R G[¥ES HONE¥~,'~LL lbl~EDIATt NOTICE IN WlUTING OF ~ ~.JCH CLAib~ kNI} I~[~MfI'~ HONt~/W~LL, TIlltOUGH CO~SEL OF ~ CHOICL ~ ~SWZR ~STO~ bi ~ ~M~ f~ ~ ~ ~ my ~ ~1 ~ ~ ~ ~ ~ ~ ~ ~STO~R ~ ~l ~li~ f~ md ~ ~E~OUS ~is A~t s~l ~ S~ ~ ~ law of~ S~ w~ ~ ~ ~ ~ ~ ~ ~y ~ovisi~ ~ ~ of ~is A~t held ~ ~ vmd ~ ~f~le ~ ~y 18~ ~ ~ul~ sh~l ~ ~ ~ck~. ~d ~1 ~nin& ~si~ sh~l continue to v~id ~d bin~n$ ~ HON~L ~d ~STO~ who ~ ~n ~is A~ ~1 ~ ~ to ~ such ~ck~ ~s~ ~ ~ ~f~ a ~ ~e h~dw~ ~uf~ ~d ~ ~ HO~ ~ ~is A~k ~o~ ~ i) s~h ~}q~ in~nS~; c~sis~ ~{y iff ~e ~ of such h~dw~e by in ~tin~ of ~y such suil ~d ~u HO~. ~ c~el of i~ chmce, m ~ ~e c~e ~ m~nj~t ~d ~f~d ~h suiL ~d c) CUSTO~R gt~e5 HON~LL ~1 n~ inf~. ~l~ce md ~. m HO~LL'S ex~, to ~le HON~ to ~f~d such suit If s~h a suit hm ~ ~ in HON~L'S ~ni~ is likely m ~, HON~LL ~. ~ i~ eJ~ ~ ~e a) ~n f~ CUSTO~R ~e nSht ~inS s~h ~i~c b) ~e, ~ ~ ~ it ~ ~ R ~s ~ m~n~. ~ c) ~ve s~h ~m~t ~ ~1 ~STO~R 8 ~t ~f~. ~ ~i~ In ~e ~ of a ~ awed of ~ in ~y s~ sm~ HO~L ~lJ ~y s~h awed HO~L ~1 n~ h~ev~, ~ ~ible f~ ~y s~t~ ~ ~CLE STA~S HONK~LL'S TOT~ ~!~' ~ ~'S~R'S MLE ~DY FOR ~%~ ~ OR ~GED ~F~GEMEN~ OF ~LE FOR ~%' ~, SPtC~ OR CONStQUEN~ D~GKS ~SUL~G ~OM ~ SUCH A~ OR ~EGED ~F~GE~NT. tXCE~T ~ SET FOR~ ~ ~ ~ 7 DISPUTE RESOLUTION W~th the exCe'puon of any conu-ova~, er claim msinlf out of ~ reJaied m the insmllmon, manitertn]L and/er mmnlenance of fire snd/~r secuz'i~ systems, the pnfl~es agree tha~ afl~ coflu'over~y or claim between HONEYWELL tod CUSTOIv~R armni ou~ of or reJ~n~ to this Asreemem. or the bn~ch tbe~f, shaJI be se~ed by arbiu'anofl, coflduc~ed ,~ Kcc~lance with die Conm'~n Indus., Az~u'~ion Rules of~e American Az~rUlion Anoci~ion Any awmd ten.red by the arblu'~or shall be finai, andjud~,ne~ ma~, be e~tered upoo it in accordance with af~ic~ble la~' in my coufl havme ju~isdi~on the~of Any c~eu'oveny er claim arisinl~ om of er reJa~ed to the ins~l~ofl, momtofln8. lnd or m~ntenaflce of system~ ast~ialed with ~curity anaL'er the delect~e of, an~Ler red~'~oo of r~sk of I~ss Izs~:i&~ed wiLh fire shall be resolved in a c. ourl of comp~ent junsdlcuon Proposal Ntunber 914-99002 Honeywell Service Agreement (R~v.04/99) Pase 4 of I S Preferred Temperature Control Maintenance 1.1 Scope - HONEYWELL will maintain the temperature control system components and related accessories listed below: List of Covered Equipment: Description See attached Special Provisions, Location [ Reference Drawing [ See attached Special Provisions. 1.2 Preventive Maintenance - Each preventive maintenance call will be scheduled by a computer-generated service report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to maintain the Equipment. Maintenance intervals will be determined from consideration of component operating hours, application, location, or criticality of end use. Upon completion of each service call, a surmrmry of the preventive maintenance tasks completed will be provided to CUSTOMER. 1.3 Component Replacements - HONEYWELL will maintain CUSTOMER'S presently installed system within the functional limitations of presently installed hardware, fu'mware, and software found on CUSTOMER'S system(s). HONEYWELL will repair or replace serviceable components and pans found on the List of Covered Equipment which have been found by HONEYWELL to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as required to maintain CUSTOMER'S system. At HONEYWELL'S sole discretion, marginal components may also be repaired or replaced. These replacements will be based upon commercial availability of parts and/or components. All exchanged pans shall become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. The labor required for their removal and installation is not included. Notwithstanding the foregoing, at initial inspection or following twelve (12) months of service, if any individual component(s) cannot, in the sole opinion of HONEYWELL, be properly repaired, due to obsolescence, lack of commercial availability of standard parts, and/or excessive wear or deterioration, HONEYWELL may remove said component(s) from the List of Covered Equipment with sixty (60) days written notice. Non-maintainable components will be eliminated from coverage under this Agreement and HONEYWELL shall adjust the price accordingly. 1.4 Emergency Service - Activities performed under this Agreement are designed to minimize the incidence of emergency situations. However, should an emergency arise, HONEYWELL personnel will assess the. situation either by phone or remote diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that is not listed in the List of Covered Equipment above, CUSTOMER will be liable for charges prevailing for such service. Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of emergency service coverage): Proposal Number 914-99002 Honeywell Service Agreement (Rev.04/99) Cnstomer/Honeywell Initials/~ / /6~ Page 5 of 18 1.5 Continuous Emergency Service: 24 hours per day, seven days per week, federal holidays included Extended Hours Emergency Service: 12 hours per day, five days per week, federal holidays excluded. Specified hours: 6:00 a.m. - 6:00 p.m., Monday through Friday. Regular Business Hours Emergency Service: 8.5 hours per day, five days per week, federal holidays excluded. Specified hours: 8:00 a.m. - 4:30 p.m., Monday through Friday. Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. Proposal Number 914-99002 Honeps'ell Service Agreement (Rev.04/99) P~ge 6 of 18 Preferred Mechanical Maintenance 1.1 Scope - HONEYWELL will maintain the mechanical systems, components, and hardware listed below: List of Covered Equipment: Description [ See attached Special See attached Special Provisions Provisions Location Reference Drawing 1.2 Preventive Maintenance - Each preventive maintenance call will be scheduled by a computer-generated service report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to maintain the systems. Maintenance intervals will be determined by either equipment nm time or a frequency determined from consideration of equipment operation, application, location, or criticality of end use. Upon completion of each service call, a summary of the preventive maintenance tasks completed will be provided to CUSTOMER. 1.3 Component Replacements -HONEYWELL will maintain CUSTOMER'S presently installed system within the functional limitations of presently installed hardware, fcrmware, and software found on CUSTOMER'S system(s). HONEYWELL will repair or replace serviceable components and parts found on the List of Covered Equipment that have been found to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as required to maintain CUSTOMER'S system. At HONEYWELL'S sole discretion, marginal components may also be repaired or replaced. These replacements will be based upon commercial availability of parts and/or components. All exchanged parts shall become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. The labor required for their removal and installation is not included. Notwithstanding the foregoing, at initial inspection or following twelve (12) months of service, if any individual component cannot, in the sole or exclusive opinion of HONEYWELL, be properly repaired, due to obsolescence, lack of commercial availability of standard parts, and/or excessive wear or deterioration, HONEYWELL may remove said component from the List of Covered Equipment, with sixty (60) days written notice. Non-maintainable components will be eliminated from coverage under this Agreement and HONEYWELL shall adjust the price accordingly. 1.4 Emergency Service - Activities performed under this Agreement are designed to minimize the incidence of emergency situations. However, should an emergency arise, HONEYWELL personnel will assess the situation either by phone or remote diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that is not listed in Article 1.1 above, CUSTOMER will be liable for charges prevailing for such service. Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of emergency service coverage): Proposal Number 914-99002 Honeywell Service Agreement (Rev.04/99) Customer/Honeywell Initials'~'~ /f~ Page 7 of 18 1.5 Continuous Emergency Service: 24 hours per day, seven days per week, federal holidays included Extended Hours Emergency Service: 12 hours per day, five days per week, federal holidays excluded. Specified hours: 6:00 a.m. - 6:00 p.m., Monday through Friday. Regular Business Hours Emergency Service: 8.5 hours per day, five days per week, federal holidays excluded. Specified hours: 8:00 a.m. - 4:30 p.m., Monday through Friday. Performance Review - A review of the Services provided within this A~eernen! will be performed by HONEYWELL on an annual basis. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. Proposal Number 914-99002 Honey~'ell Service Agreement (R~v.04/99) Customer/Honeywell Initials~/~/~' //~ Page 8 of 18 ServiceNet~: Remote Monitoring and Control 1.1 Scope - HONEYWELL will remotely monitor and/or control the mechanical systems, components, and equipment listed below: List of Covered Equipment: Description Location Refer Mon Contr ence itor ol Draw ing Y7505 panels and City Hall NA Yes Yes associated sensing Murzyn Hall NA Yes Yes and controlling Top Value I NA Yes Yes devices Municipal NA Yes Yes I Garage 1.2 1.2.1 1.3 1.4 1.5 1.6 Mechanical System Monitoring - HONEYWELL, upon receipt of a signal from CUSTOMER'S premises, shall (unless previously instructed to the contrary by CUSTOMER), make a reasonable effort to ftrst assess the situation either by telephone or remote diagnostics, or both, and will determine the appropriate course of action with CUSTOMER. HONEYWELL shall, during periods the premises are unoccupied, make a reasonable effort to notify CUSTOMER'S designated representative by telephone of every genuine signal unless instructed to do so otherwise by CUSTOMER. Notification - CUSTOMER shall furnish HONEYWELL a list of names, titles, residence address and telephone numbers of all persons authorized to receive emergency calls and to act on behalf of CUSTOMER. CUSTOMER agrees to periodically update such lists. Scheduling and Control - HONEYWELL will provide CUSTOMER a 1-800 number and Building Identification Code to be used to call HONEYWELL to request schedule, set point, and alarm limit changes, as needed, 24 hours a day, 7 days a week. A toll-free fax number will also be made available to submit new schedules. Coverage - This Agreement covers start-up, checkout, and ongoing maintenance of HONEYWELL's remote monitoring control equipment. Reporting - Monthly reports will be provided to CUSTOMER that summazize the alarms received from its facility as well as any schedule, set point and alarm limit changes. Changes to alarm instructions and notification lists will also be included m the monthly summary. Performance Review - A review of the Services, occupancy schedules, control sequences of operation, set points and alarm parameters maintained within this Agreement will be performed by HONEYWELL on an annual basis. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. . Proposal Number 914-99002 Honeywell Service Agreement (Rev.04/99) Customer/Honeywell Initials ~f / ../~ ;/ Page 9 of 18 2.0 2.1 3.0 4.0 4.1 4.2 Beneficial Control - CUSTOMER represents and warrants that CUSTOMER is the owner of the premises or, if not, that the owner agrees and consents to the installation of any equipment or products on the premises and to any equipment thereon, which axe required for HONEYWELL to perform under this Agreement, or which may be requested by CUSTOMER. CUSTOMER agrees to indemnify and hold HONEYWELL harmless from any and all losses or damages, including attorney fees, resulting from the breach of such representation and warranty, or fxom HONEYWELL'S inability to recover leased or ov~x~ed system components when CUSTOMER vacates the premises, or any portion thereof. Monitoring Equipment - Al1 HONEYWELL monitoring equipment installed on CUSTOMER premises will remain HONEYWELL property. Upon termination of this Agreement, HONEYWELL may, at its option, remove or abandon (without removing) any or all HONEYWELL equipment without any obligation to restore any portion of the premises. Any such removal or abandom'nent of HONEYWELL equipment will not constitute a waiver of HONEYWELL'S right to collect any charges which have accrued or may accrue hereunder. Further Obligations of CUSTOMER - CUSTOMER at it own expense shall supply appropriate unswitched AC electric power, outlets for such power, located according to HONEY~VELL'S requirements. CUSTOMER also agrees to provide, at its sole expense, connection to the switched telephone network, together with any telephone interface or interconnection jacks, as may be required for the Services contemplated hereunder. Insurance, Liquidated Damages and HONEY~ELL'S Limits of Liabili~' CUSTOMER shall maintain all insurance for its premises including property, comprehensive general liability, and workers' compensation insurance in such amounts as required by applicable law. It is understood and agreed by the parties that Services provided by HONEYWELL hereunder are designed to reduce the risk of loss by providing detection of alarm conditions; that the payments provided for herein are based solely on the value of the Services as described herein and are urffelated to the value of any property located on CUSTOMER'S premises; that HONEYWELL is not liable for losses which may occur relating to the Services offered hereunder even if due to HONEYWELL'S negligence or failure of performance; that HONEYWELL is not an insurer; and that insurance, if any, covering personal injury and/or property loss or damage on CUSTOMER'S premises shall be obtained and/or maintained by CUSTOMER. Proposal Number 914-99002 Hone.v~'ell Service Agreement (!~v.04/99) Customer/Honeywell Initials ~ / Page 10 of 18 4.3 4.4 4.5 4.6 5.0 IT IS AGREED THAT IT 1S IMPRACTICAL AND EXTREMELY DIFFICULT TO FIX ACTUAL DAMAGES WHICH MAY ARISE IN SITUATIONS WHERE THERE MAY BE A FAILURE OF SERVICES PROVIDED, DUE TO THE UNCERTAIN VALUE OF CUSTOMER'S PROPERTY OR THE PROPERTY OF OTHERS KEPT ON THE PROTECTED PREMISES WHICH MAY BE LOST, STOLEN, DESTROYED, DAMAGED OR OTHERWISE AFFECTED BY OCCURRENCES WHICH THE SYSTEM OR SERVICE IS DESIGNED TO DETECT OR AVERT AND ESTABLISHING A CAUSAL CONNECTION BETWEEN THE SYSTEM OR SERVICE PROBLEMS AND CUSTOMER'S POSSIBLE LOSS. THEREFORE IF ANY LIABILITY IS IMPOSED ON HONEYWELL, SUCH LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE ANNUAL SERVICE CHARGE OR $10,000, WHICHEVER IS LESS. THIS SUM SHALL BE PAID AND RECEIVED EITHER (i) AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, OR (ii) AS A LIMITATION OF LIABILITY APPROVED AND AGREED UPON BY THE PARTIES. THE PAYMENT OF THIS AMOUNT SHALL BE HONEYWELL'S SOLE AND EXCLUSIVE LIABILITY REGARDLESS OF WHETHER LOSS OR DAMAGE IS CAUSED BY THE PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS UNDER THIS CONTRACT OR BY NEGLIGENCE, ACTIVE OR OTHERWISE, OF HONEYWELL, ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST HONEYWELL MORE THAN ONE (1) YEAR AFTER ACCRUAL OF THE CAUSE THEREFORE. Since the parties agree that CUSTOMER retains the sole responsibility for the life and safety of all persons in the monitored premises, CUSTOMER agrees to either list HONEYWELL as an additional insured on all insurance policies in effect at the above premises or to indemnify and save harmless HONEYWELL, its employees and agents, from and against, all claims, lawsuits and losses, by persons not a party to this Agreement alleged to be caused by the improper operation of the system or the negligent performance or nonperformance by HONEYWELL of the Service. Except as otherwise noted on the other work scope documents attached to this Agreement, CUSTOMER agrees that HONEYWELL shall have no responsibility for installation, maintenance, repair, or insurance of any CUSTOMER or third party equipment located on CUSTOMER'S premises. HONEYWELL shall not be responsible for any failure in responding to alarms, monitoring the I-IVAC related or other systems or reporting if such failure of any equipment being monitored is due to inoperative phone lines, incorrect information provided by CUSTOMER, or incorrect wiring of the equipment. IN NO EVENT SHALL HONEYWELL BE RESPONSIBLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER RE. SULTING FROM ANY PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE. Subrogation - CUSTOMER does hereby for itself and other parties claiming under it, release and discharge HONEYWELL from and against all hazards covered by CUSTOMER'S insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against HONEYWELL. Proposal Number 914-99002 Honeywell Service Agreement (Rev.04/99) Customer/Honeywell Imtials ~//~,~ Page ] 1 of 18 Water Treatment Services 1.1 Scope - HONEYWELL will provide a water treatment program for the following systems: List of Covered Equipment: Description Boiler and closed heating loop Location City Hall Mm-zyn Hall Library Municipal Garage Reference Drawing NA 1.2 1.3 1.4 1.$ Preventive Maintenance - A computer-scheduled treatment program for the control of scale, corrosion, and biological fouling will be provided. HONEYWELL will regularly examine, test, and adjust all covered water treatment devices, and will perform periodic water analysis. On systems requiring continuous water analysis, an electronic monitoring system will be installed and maintained. The electronic monitoring system will automate the water analysis process, and adjust chemical feed and bleed inter~'al automatically. Supplies and Materials - HONEYWELL will provide and maintain all monitoring equipment, and will supply biodegradable chemicals necessary to maintain proper water treatment. All monitoring and application equipment furnished by HONEYWELL will remain the property of HONEYWELL. Emergency Service - Should an emergency related to the function of the Water Treatment Services arise, HONEYWELL personnel will assess the situation either by phone or remote diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that are not listed in Article 1.1 above, CUSTOMER will be liable for charges prevailing for such service. Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of emergency service coverage): Continuous Emergency Service: 24 hours per day, seven days per week, federal holidays included Extended Hours Emergency Service: 12 hours per day, five days per week, federal holidays excluded. Specified hours: 6:00 a.m. - 6:00 p.m., Monday tlzrough Friday. Regular Business Hours Emergency Service: 8.5 hours per day, five days per week, federal holidays excluded. Specified houri: 8:00 a.m. - 4:30 p.m., Monday through Friday. Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an ann~al basis. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. Proposal Number 914-99002 Honeywell Service Agreement (Rev.04/99) Page 12 of 18 Air Filter Services 1.1 Scope - HONEYWELL will furnish and install air filters appropriate for the design condition of CUSTOMER'S ventilation systems. Media for the fan system units listed in this section will be replaced according to the following schedule: List oi ~overen r. qm ~ment: Changes per year Fan System Unit Quantity Size Type (1~2,4,6, or 12) All Room Top Minimum 30% Units, Air Handling All Various efficient filters 4 Units and Unit Heaters Proposal Number 914-99002 Honeywell Service Agreement (Rev.04/99) Customer/Honeywell Initials ~'~( f~ / - Page 13 of 18 1.2 1.3 1.4 Coverage - It is understood that the ah' filter media replacement services apply only to the fan system units listed in Article 1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL-supplied frames from the facility, or offer CUSTOMER the opportunity to purchase them at the current market value. Frequency of Air Filter Media Replacement = Should filter loading experience indicate a need to adjust the frequency of media changes for the fan systems listed in Article 1.1 above, the frequency will be changed, and the Agreement amended to reflect the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency. Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. Proposal Number 914-99002 Hone)'we]l service A~reement (R~v.~4/99) Pa~e 14 of 18 SPECIAL pROVISIONS Equipment included for full coverage maintenance as described in the Honeywell Preferred Maintenance section is as follows: All existing heating, ventilating and air conditioning equipment (as of the effective date of the contract). This includes the following: Exhaust Fans umt Heaters Water Heaters Rooftop Units Boilers HVAC Pumps Air Handling Units Over Range Units All corresponding control and control panels This comprehensive maintenance program will be performed at these locations: City Hall Sullivan Lake Lift Station John P. Murzyn Hall Columbia Heights Public Library Top Value Liquor Top Value Liquor II Heights Liquor Pump House #2 Pump House #3 Chatham Lift Station Municipal Service Center Gauvitte Park Building Huset Park Building Keyes Park Building McKenna Park Building Mathaire Park Building Southwest Park Building Ostrander Park Building Prestemon Park Building The following is the list of equipment with the items that are not covered for each. Air Handling Units The air handling unit cabinet Ductwork associated with air handling unit Heating and cooling coils in the units Piping running into and out of the unit Electric wiring from the distribution panel to the unit Air Conditioning Unit The unit cabinet Condenser coil Piping between the condenser and air handling unit Electric wiring from the distribution panel to the unit Proposal Number 914-99002 Honeyxvell Service Agreement (Rev.04/99) Customer/Honeywell Page 15 of 18 Roof Top Units Heating and cooling coils in the units Piping runn/ng into and out of the umt Combustion chambers Electric wiring from the distribution panel to the unit Boilers The boiler shell or metal cabinet The boiler tubes Piping into and out offthe boiler Electric wiring from the distribution panel to the boiler The boiler stack or flue PUmDS Piping into and out of the pump Wiring from the distribution panel to the pump Exhaust Fans The fan cabinet Ductwork associated with the fan Wiring from the distribution panel to the fan Unit heaters The unit cabinet Heating coils Combustion chambers Wiring from the distribution panel to the fan Water Heaters Piping into and out of the heater Wiring between the distribution panel and the heater Water heater flue Air Filters Nothing Water Treatment Nothing Moni~hn~ Nothing Audits Nothing Oven Ranges Cabinets and other unit sm~cture Cooking surfaces Audit records prior to year 2000 will be kept by Honeywell. This is a good faith effort to keep baseline energy data. ff current sof~ware becomes obsolete, Honeywell and Customer will meet to discuss options. Proposal Number 914-99002 Customer/Honeywell Iaitials~/-'/~.~'5 ..~"9..j~ / Honeywell Service Agreerr~nt (Rev.04/99) Page 16 of 18 Addendum to Service Agreement # 914-02-12181 between Honeywell Inc. and The City of Columbia Heights, Minnesota The parties agree that the following changes or modifications shall be part of and incorporated into the above referenced Agreement as follows: Article 2.2 Article 2.7 Add to the end of the clause: '2qon-covered equipment under this Agreement is identified in the Special Provisions Attachment." In the fu:st sentence after the word "moved", add thc words "by the Customer". At the end of the second sentence add the words "made by the Customer." Article 5.1.1 Add the words "Except as provided by the Minnesota Data Privacy Law" to the beginning of thc sentence. Article 5.5.3 Delete the word "commotion" in the first sentence. Article 7.1 Add the word "sole" before the word "expense" in the first sentence. Preferred Temperature Control Maintenance Article 1.3 Modify f'trst sentence of third paragraph to read: "Notwithstanding the foregoing, at initial inspection of the current term, if any individual component(s) cannot...". Article 1.4 Add the following sentence after the third sentence in this paragraph: "Murzyn Hall Events and City Hall Computer Room will have a one (1) hour on site response time." Article 1.5 Add the following to the end of the paragraph: "This review will be scheduled by Honeywell during the 9th month." Preferred Mechanical Maintenance Article 1.3 Modify first sentence of third paragraph to read: "Notwithstanding the foregoing, at initial inspection of the current term, if any individual component(s) cannot...". Article 1.4 Add the following sentence after the thixd sentence in this paragraph: "Murzyn Hall Events and City Hall Computer Room will have a one (1) hour on site response time." Article 1.5 Add the following to the end of the paragraph: "This review will be scheduled by Honeywell during the 9th month," ServiceNetn~: Remote Monitoring and Control Article 1.2.1 Delete the words "residence address" from the first sentence. Article 1.6 Add the following to the end of the paragraph: "This review will be scheduled by Honeywell during the 9th month." ~~/~ Proposal Number 914-99002 Customer/Honeywell Initial ,/~ Honeywell Service Agreement (Rev.04/99) Page 17 of 18 Article 2.1 Modify second sentence to read "Upon termination of this Agreement, Honeywell and Customer will meet to discuss options available for the removal of the monitoring equipment, and Honeywell shall have no obligation to restore any of the premises.". Remove the words "or abandonment" in the third sentence. Article Add the phrase "if said wiring was not performed by Honeywell." to the end of the last sentence in this article. Water Treatment Services Article 1.5 Add the following to the end of the paragraph: "This review will be scheduled by Honeywell during the 9th month." Article 1.4 Add the following to the end of the paragraph: "This review will be scheduled by Honeywell during the 9th month." Proposal Number 914-99002 Honeywell Service A~reement (R~v.04/99) Customer/Honeywell Initials ~ ~ Page l 8 of 18 Hone ell Home and Building Control Honcyx~ MN 56-0000 7171 Ohms Lane Edina. KiN 55439 November 30, 2000 City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN 55421 Atm. Walt Fehst Dear Walt: Honeywell proposes to continue the maintenance agreement with the City of Columbia Heights for the period of 11/24/2000 thru 11/23/2001. The new annual price will be $69,924.00 with quarterly billing. All terms and conditions will remain the same as agreed to in the Honeywell proposal number 914-99002 dated !0/11/99. Please sign and return two copies of this letter to my attention. Our service will continue without interruption. Thank you for allowing Honeywell to sen'ice your facilities. Re_~ards, - Dick Zander dx' District Service Leader 952-830-3715 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF SEPTEMBER 18, 2001 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Ruettimann at 6:28 p.m., Tuesday, September 18, 2001, in the Parkview Villa Community Room B, 965 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Robert Ruettimann, Patricia Jindra, Marlaine Szurek, Gary Peterson, Julienne Wyckoff, Bruce Nawrocki, and Bobby Williams Walt Fehst, Executive Director Randy Schumacher, Acting Community Development Director Anita Kottsick, Parkview Villa Housing Administrator Cheryl Bakken, Secretary *Ruettimann asked for a moment of silence for the families and victims of last week's terrorist attacks. CONSENT AGENDA 1) Approval of Minutes - regular meeting of August 21,2001 Move to adopt the minutes of the August 21,2001 regular meeting as presented in writing. 2) Financial Report and Payment of Bills a. Financial Statement -August, 2001 b. Payment of Bills - August, 2001 Move to approve Resolution 2001-13, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for August, 2001 and approving payment of bills for August, 2001. MOTION by Nawrocki, second by Williams, to approve Resolution 2001-13, a Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statement for August, 2001 and approving payment of bills for the month of August, 2001. All ayes. Motion Carried. PRESENTATIONS - On behalf of the Columbia Heights I,'FW, Nawrocki, presented Fehst with American Flags for the Award/Recognition Banquet to be held on Wednesday night, September 19~. REPORT OF MANAGEMENT COMPANY Kottsick reported the number two elevator in the north building shut down the weekend of September 9'~. A bad board on the circuitpanel was faulty. New boards were ordered to replace the faulty board on elevator number 2 and the board in elevator number one, which was also in need of replacement and installed on September 11tn. On 9- 7-2001, the fire monitor system received another surge, which disrupted the computer system for the fire pump. A technician reprogrammed the computer on September 10'h. Kottsick has 70 of the 100 recertifications ready to transmit to HUD. A survey was sent to residents for their interest in starting a floor monitoring system. Residents were surveyed regarding this issue last year and there was not enough interest at that time. Kottsick has been busy contacting prospective tenants from the waiting list to fill several apartment openings for occupancy in November. Economic Development Authority Minutes September 18, 2001 Page 2 of 6 Kottsick will be out of the office on September 19, 20, 21 at the annual MHHA meeting. Kari Wilson will be in the office to respond to residents needs. In closing, Kottsick expressed her sincere thanks to all who helped with Parkview Villa 's picnic. She has received many positive comments from residents. CITIZENS FORUM Renie Suflca, Unit 104, invited the Board to Parkview Villa's Bazaar on September 29, 2001, from 10 to 1 p.m. and asked the status of the key cards for the security system. Kottsick stated that the digging for the systems wiring will be done next week, and she is looking for completion to be approximately around October 15, 2001. ITEMS FOR CONSIDERATION. Other Resolutions. Resolution 2001-14, Board Resolution approving Calculation of Performance Fundin~ System Operating Subsidy, Occupancy Percentage, Allowable Utilities, Drug Free Workplace, Direct Disbursement, and Certificate of Payments to Influence Federal Transactions for 2001 Schumacher stated that a Board Resolution is required approving the Calculation of Performance Funding System Operating Subsidy, Occupancy Percentage, Allowable Utilities, Drug Free Workplace, Direct Disbursement, and Certificate of Payments to Influence Federal Transactions to be submitted to HUD for compliance purposes. He explained what each of the HUD forms cover; 1) Calculation of Performance Funding System Operating Subsidy is the overall operating budget for Parkview Villa; 2) the Occupancy Percentage is a report asking the percentage of units occupied to verify Parkview meets the 97% requirement to receive government assistance; 3) Calculation of Allowable Utilities is to verify what utilities costs are for the facility; 4) Certification for a Drug-Free Workplace form requires staff to sign a document stating they will comply with state regulations for a Drug Free environment; 5) Direct Disbursement Payment Schedule clarifies the amount of funding we are eligible for; and 6) Certification of Payments to Influence Federal Transactions is a form designed to certify the proper management of funds received for the program. MOTION by Szurek, second by Peterson, to approve EDA Resolution 2001-14, being a resolution of the Columbia Heights Economic Development Authority confirming approval of the Calculation of Performance Funding System Operating Subsidy, Occupancy Percentage, Allowable Utilities, Drug Free Workplace, Direct Disbursement, and Certificate of Payments to Influence Federal Transactions for 2001; and furthermore, to direct the Executive Director to fonvard same to the U.S. Department of Housing and Urban Development. All ayes. Motion Carried. Bid Consideration. Approve Proposals for Air Conditioning, Boilers, and Surge Protectors Schumacher indicated staff reviewed the need for air conditioning replacement, boiler reconfiguration needs, and surge protection for Parkview Villa at the last Board meeting and received authorization to obtain quotes for these capital building needs. Staff provided quotes for all three improvements. HUD funding of contracts exceeding $2,000 requires engineering plans and specifications drawn up, a formal bidding and advertising process to be completed, and all Davis-Bacon/Prevailing Wage procedures be followed, which are extremely costly and time consuming for small projects. Therefore, staff is recommending the funds to be used for the capital needs be divided between the HUD capital fund, Economic Development Authority Minutes September 18, 2001 Page 3 of 6 Parkview North and South and approving the bids from C.O. Carlson Air Conditioning for the 10 ton Air Conditioner for $5,917, Ryan Plumbing & Heating for re-piping the boilers at $4,960, and Mid-Northern Electric for the surge protectors at $3,197. Nawrocki felt a minimum of three bids should have been obtained, not two as presented. MOTION by Peterson, second by Williams, to approve the proposal from C.O. Carlson Air Conditioning for a 10 ton Air Conditioner, Ryan Plumbing & Heating for re-piping Boilers, and Mid-Northern Electric for Surge Protection, with funding as listed above from the HUD Capital Fund, Parkview Villa North and South operating budget; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Other Business. Acquisition of 3718 Central Avenue NE. Schumacher stated that in June of 2000, the EDA Board approved the purchase of property at 3718 and 3722 Central Avenue NE with CDBG Program funds from 1998 and 1999. The owner at 3718 Central Avenue agreed on a purchase price orS 70, 000, a purchase agreement was drafted, and a waiver of relocation benefits was signed by Ms. Heidi vonHeideman, personal representative for the estate of Madeline vonHeideman. Staff is recommending the Board make recommendation to City Council for approval of a resolution authorizing the purchase of 3718 Central Avenue for $70, O00 from CDBG funds. Nawrocki asked for copies of the appraisals and Anoka County documentation that staff has obtained in order to purchase the property and asked what are we buying the two Central Avenue properties to develop. Jindra stated this was similar to the Logacz property on Van Buren Street. Nawrocki indicated that it wash 't the same because with the Logacz property was a residential rezoning with another house to be built on it. The concern then was about the possibility of combining the Logacz lot with the one next to it on the southwest corner, which was to be torn down due to deterioration and used for some kind of development project Ruettimann indicated this is only a recommendation to City Council from the EDA to purchase the property and they will make the decision per their Comprehensive Plan as to what the property will be used for. Szurek felt that if we obtain the properties on Central, and clear the homes from the property, a developer would be very interested in that size and location of the two lots. Therefore, this will be a good investment for the City. MOTION by Jindra, second by Ruettimann, to recommend City Council authorize a resolution to purchase the property at 3718 Central Avenue for $70,000 in CDBG funds. Upon Vote: Jindra- Aye, Peterson- Aye, Nawrocki- Nay, Szurek- Aye, Williams- Aye, Wyckoff- Aye. Motion Carried. Approve Application C1998-02, CDBG Housing Rehabilitation Pro,ram Schumacher reported the Center for Energy and Environment (CEE) has prepared a Community Development Block Grant for housing rehabilitation at 4320 Monroe Street NE, in the amount of $10,473 to replace and install windows and frames, install condenser and line set for air conditioning, as well as make health and safety improvements to the property. This application needs Board approval and then it will be submitted to Anoka County. Economic Development Authority Minutes September 18, 2001 Page 4 of 6 Ruettimann asked if staff receives a list of grants that have been processed and what is CEE's explanation of why the loans are not processed. Schumacher stated staff receives a very generic listing on a monthly basis. Ruettimann then, requested staff meet or send a letter to CEE stating thr Board wants a monthly report of loans and grants received by address, date application was received, and the reason why they have not been processed yet. Staff will obtain this report and include it with the EDA packets starting in October, 2001. MOTION by Wyckoff, second by Szurek, to approve the CDBG Housing Rehabilitation Deferred Grant/Loan Application for Grant #C 1998-02 in the amount of $10,473.00 for housing rehabilitation to Anderson Heating and Windows America, and the Center for Energy and Environment subject to meeting all program requirements; and furthermore, to direct staff to submit the loan application to Anoka County and to authorize all related expenses to be reimbursed from Fund 202-46350-4600/3050. All ayes. Motion Carried. Approve Beauty Salon Licensing and Agreement. Schumacher indicated that licensing of the beauty salon at Parkview Villa is required by the Department of Commerce. The EDA owns two chairs with hairdryers attached and one beauty chair that is used by Despina Hams, a beautician that comes into Parkview Villa every Thursday to provide affordable hair care services to the residents. The EDA has never charged rental fees for the use of the building space. The drafted agreement references licensing issues, cost of services, liability issues, safety, health, insurance, consultant responsibilities, and facility responsibilities, which will protect the Columbia Heights Economic Development Authorities interest in the property. This will also address any further audit concerns that may arise. The fee for licensing the salon is $65 for a three year period. The City Building Official inspected the salon and notified staff that in order to meet code requirements the waiting area chairs need to be removed from the Salon area, which has already been addressed. The City Attorney and the Public Housing Administrator have reviewed the agreement and recommend adoption at this time. MOTION by Peterson, second by Szurek, to Approve the Parkview Villa Beauty Salon Agreement between the City of Columbia Heights Economic Development Authority and Beautician, Despina Hams, and authorize staff to submit Licensing documentation to the Department of Commerce for said facility; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Jindra ask the residents of Parkview if they felt Hams charges for her services were reasonable or not. Theresa Bryzenski, Unit 406, stated she was a beautician years ago and felt Hams was charging residents too much, Kottsick stated that Hams charges $10 for a haircut, which is very reasonable as her beautician charges her $20. Nawrocki requested staff obtain a survey of other senior building Beauty Salon fees charged in the area. Ruettimann stated that after the inspection we may be required to put in better ventilation in the salon area as this was required for his daughters salon. AMENDED MOTION by Nawrocki, to table the original motion until next month when staff can obtain what the residents of other senior high rises in the area are being charged for beautician services to be compared to Parkview Villa's salon charges. Motion Failed for lack of a second. Economic Development Authority Minutes September 18, 2001 Page 5 of 6 Upon Vote of original Motion: $indra- Aye, Peterson- Aye, Nawrocki- Nay, Szurek- Aye, Williams- Aye, Wyekoff- Aye. Motion Carried. ADMINISTRATIVE REPORTS. Budget Ouestions- Ruettimann requested Board members contact him with any questions pertaining to the Community Development Department Budget for 2002 and he would clarify the issues for them. Community Development Project Status Report for the Year 2000. Schumacher touched on a few of the issues addressed in a memorandum from the former director, Ken Anderson, dated January 2, 2001 identifying projects undertaken by the Community Development Department; 1) Elevator Modernization is complete at Parkview Villa and the only issue left is the Davis Bacon wage status. The Davis Bacon paperwork was not filled out at the time the work was preformed. Staff has been working with Miilar Elevator and the Elevator Advisory Group to address the issue. At this time, it is clear that the proper procedures were not followed for the project. Staff wiil provide a report to the Board as soon as all of the details are compiled; 2) Transition Block Redevelopment Project- staff is monitoring the progress and processing the reimbursements per the signed agreements for the project; 3) Parking Ramps- Clark Engineering wiil perform the necessary physical audit of the two City owned ramps and will advise their status; 4) Administrative Reimbursement from Columbia Park Medical Clinic Project Bond- a meeting was set with John Utley regarding the reimbursement of administrative costs; 5) EDA's appointment ora Resident Council member for the year 2002- staff is pursuing the issue for publication prior to the end of the year; 6) St. Timothy's Lutheran Church- TIF District certification- staff is pursuing "decertifying" this district, along with modifications to TIF District #1, the scattered Site Housing District, for a greater payback; 7) Blue Earth Environment- Davis Bacon benefit papers have been requested by the City attorney to the attorney for Blue Earth. When the paperwork is received the final payment of $5, 000 will be submitted for payment. EDA/HRA Transfer Schumacher stated the Kennedy and Graven memorandum enclosed in the packet lays out the proposed timetable for the transfer of EDA activities to the Ht~, which will be on the City Council Agenda for Monday, September 24, 2001. Report of the Executive Director Fehst indicated staff met with Shelly Eldridge, Ehlers and Associates to discuss preparing a current Status Report, which will be presented to the Board sometime in the near future. Schumacher stated that Eldridge is also working with staff on the TIF scattered site revision. Committee/Other Reports. Resident Council Minutes Jindra encouraged the Board to attend Parkview's Bazaar on Saturday, September 29, 2001. No other comments we received pertaining to the minutes of the meeting. ATTACHMENTS HOUSING UPDATE Wyckoff questioned how much we will receive, and what can we use the funding for from the Metropolitan Council Performance Score. Fehst was unclear of the exact amount and uses for the funds, and directed staff to contact Red Nelson at Met Council to obtain this information for the Board. Economic Development Authority Minutes September 18, 2001 Page 6 of 6 Other Business Williams asked when will the City know if the taxes and maximum levy will possibly be finalized for 2002. Ruettimann indicated that he has contacted Bill Elrite, Finance Director for the City on that subject and he wasn't sure when we would hear about adjustments to the City budgets and levy. Therefore, Ruettimann suggested using last years levies and this years maximum taxable amounts to base the percentage for proposed 2002 Budgets. Nawroc]a' indicated he proposed a three and one half percent increase for next years Budget. Williams asked if Ruettimann is looking for more money for development of the City. Ruettimann stated he would like to present a G.O. Bond (General Obligation Bond) issue to the City Council for major redevelopment funds on Columbia Heights. In order to have any significant impact on the Community, he felt a $15 million dollar issue would be needed. Nawrocki indicated that in the past, the City has shyed away from G.O. Bonds due to two things; 1) with the bonds you have to pay them back with interest which doubles the cost of the loan; and 2) the City wants to maintain a history of good credit. MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, October 16, 2001. ADJOURNMENT The meeting was adjourned by President, Ruettimann at 8:14 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H: \EDAminutes2001 \9-18-2001 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD Of TRUSTEES MINUTES October 2, 2001 The meeting was called to order by Chair, Barbara Miller at 7:40 p.m. Those present were Nancy Hoium, Patricia Sowada, Catherine Vesley, Barbara Miller, Julienne VVyckoff and Becky Loader. It was moved, seconded, and passed to approve the minutes of the September 4, meeting as mailed. The bill list of September 24, 2001, was reviewed. It was moved, seconded, and passed that they be paid. The bill list of October 10, 2001, was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. Old Business: 1. A CHASE financial update was given. All accounts for the LIBRA reading program have been closed down. The $1,166.88 left over will be re-assigned to Teen Read Month programming. 2. A page update was provided. Four interviews were held this week for the vacant page positions. A probationary employee had to be dismissed after a third incident of not arriving for work on time and not calling in. 3. The budget meeting with the City Council that was just completed was reviewed. The Board felt that the presentation went well. New Business: 1. The article from Minnesota Cities concerning the 2001 tax bill was reviewed. 2. The information concerning LGA, and HACA was reviewed and discussed. The Barnes and Noble Bookfair fundraiser was outlined. This fundraiser will be held at the Har Mar Mall location on Tuesday, November 13, 2001, from 5:00 to 8:00 p.m. The packets that are being distributed to local clubs and organizations were shared with the Board. Board members available that evening: Barb Miller, Julienne VVyckoff, and Catherine Vesley. 4. A cash donation from one of our patrons, the Plante family, was acknowledged. 5. Thank you notes from 2 staff members addressed to the Board were reviewed. There being no further business the meeting was adjourned at 8:20 p.m. Respectfully submitted, J~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. LIBRARY BOARD/CITY COUNCIL BUDGET MEETING OCTOBER 2, 2001 6:00 P.M. The joint City Council/Library Board meeting about the library budget for 2002 was held in the activity room October 2, 2001, at 6:00 p.m. Those present were: Walt Fehst, Barbara Miller, Bill Elrite, Nancy Hoium, Patricia Sowada, Catherine Vesley, Mayor Gary Peterson, Julienne Wyckoff, Marlaine Szurek, Bobby Williams, Bruce Nawrocki, and Rebecca Loader. Mayor Gary Peterson called the meeting to order at 6:07 p.m. Barbara Miller welcomed everyone. It was explained that the meeting would be similar to past years. The agenda would be followed, with a time for questions after each presentation. She also explained that the City Manager had requested staffto submit a document outlining a 10% cut from the Library Board proposed budget and that document is included in the budget books that were distributed. A fact sheet presenting figures and percentage differences for selected expenditures was presented by Pat Sowada. The increases in personnel, and capital outlay were explained. The supply budget, other service charges and contingencies and transfers figures all show a decrease. The City Council asked whether the figures were before or after the 10%. It was stated that all figures being presented at this time were Library Board proposed figures and were before the 10% cut. Catherine Vesley presented the capital priorities portion. The first capital improvement priority is for the TAOS license, which is required for the automated circulation system. The second priority is for 5 pc workstations to be used for circulation functions. The third priority is a router for use with the automated circulation system. The fourth priority is circulation peripherals. The top 4 priorities are for upgrading the circulation system, which needs to be completed to comply with the County and is for equipment and licensing to run the new software the County will install. Additional priorities include office furniture, a circulation desk, replacing ballasts and adding track lighting. All priorities have a number beside them listing their order of importance. Bobby Williams asked about fundraisers. Fundraisers could be used for other items but should not be relied upon for basic services. Bruce Nawrocki questioned the increases from 1999 through 2001. It was stated that what shows up as being proposed is not always what has in reality been spent. These are 1987 computers and in this technical age it is almost unheard of to have equipment that old. Ms. Vesley reminded everyone that this is an aging facility and you have to furnish and upgrade it. Nancy Hoium presented the Library levy and revenue information. The Library Board is asking for an 8% increase. The levy amount requested is $591,588. Prior to 1999 the library had several years of no increases in the levy. The auditors had stated that the fund balance must be 40% of the approved budget to get us through until the first tax payments are made on May 15th. The revenue and money collected page was reviewed. Bruce Nawrocki asked what the current fund balance for the library was? The answer to this request was referred to Finance Director, Bill Elrite. He did not have the exact figure with him at this meeting. Becky Loader presented maintenance of effort information. There was no change in the tax 2 capacity for the next year. The State Department of Children, Families, and Learning determines the minimum level of local support. This minimum is $500,244 for the year 2002. This is a minimum. The library could not continue to operate at the current level of service on this amount. The amount needed to meet the contract with Anoka County Library was also reviewed. The Library Board proposed budget amount is $591,588. This is the original proposal. On page 20 is a document prepared by the department outlining a 10% proposed decrease to the original budget. The City Manager proposed budget includes the deductions made on page 20. Additional cuts would require closing some hours. We are currently open 60 hours per week. General questions were asked about the proposed cuts: What about money from grants? Grants for personnel are rare but could be used for items such as a circulation desk. Levy recommendation questions were discussed between the City Manager and Bobby Williams. The budget reductions on page 20 of the detail budget are by line item not in prioritized order. The priorities are listed on page 19 of said document. Bobby Williams asked why the levy is less than the proposed budget amount. The levy is less because the library relies on other revenues to make up the dollar amount difference. The Board stated that they were not happy about the proposed cuts but understood that these are difficult times and hope to meet somewhere in the middle. The City Council members invited the Board to come to City Council meetings to express their support. Anoka County Library was discussed. The question about Columbia Heights becoming a part of the County has been addressed before. The current cooperative agreement between Columbia Heights and the County system works well. Being aware that the population concentration in the County is to the north, a merger might result in the library and its services not being here for our residents. The Council again asked that the Board members promote our library live on tv at the City Council meetings. There being no further questions the meeting was adjourned at 7:25 p.m. Respectfully submitted, 4. Jei/mne 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. THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, OCTOBER 18, 2001 The meeting was called to order at 7:00 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Council Representative: City Representative: AT & T Broadband Rep: Legal Counsel: Dennis Stroik, Dan Swee,, Dave Mahoney, and Bob Buboltz-- Reuben Ruen arrived at 7:25 pm Bruce Nawrocki Jean Kuehn Kathi Donnelly-Cohen Stephen Guzzetta APPROVAL OF MINUTES Motion by Dan Swee, seconded by Bob Buboltz, to approve the minutes from the meeting of September 20, 2001. All ayes. OLD BUSINESS A. Channel Check Everything checked out fine. B. Correspondence Log and Complaint Follow Up. C There were no complaints received by the City since the last meeting. An AT & T Broadband Service Technician checked out Mr. Nawrocki's cable reception problem. He needed some fittings tightened and other adjustments made. He reports his reception has never been better. Franchise Fee Analysis Update Steve Guzzetta reported that most of the issues had been resolved during their meetings with Kathi Donnelly-Cohen and Dave Sikora. There is still an issue with advertising commission figures. This should be resolved once they receive more information. Do 2000 Annual Report-Remaining Outstanding Item-Financial Information The financial statement prepared by an accountant was not received by the time the meeting took place. Kathi Donnelly-Cohen said she would see it is sent over as soon as it is received. TELECOMMUNICATIONS MEETING MINUTES OF OCTOBER 18, 2001 PAGE 2 E. Review of Forms 1240 and 1205 for Rate Increase Effective July 1, 2001 Fo There has been a problem getting programming cost information from AT & T for the 1240 Form, due to what they feel is confidential information. They are working on an agreement that the accountant would need to sign that would protect AT & T's confidential concerns, as well as providing the accountant with an oppommity to review the information he needs to finalize his report. The accountant is also still reviewing the 1205 Form as the company has switched to using national figures, rather than local cost information. This is the first year this approach has been used in this system so it is taking additional time to review. The City has already decided to allocate an additional $600 to further investigate the figures. Other Old Business There was no other old business. NEW BUSINESS A. Recommend Holding a Public Heating November 13, 2001 Steve Guzzetta explained that according to our Policy & Procedures Regarding Rate Regulation Issues, the City is required to hold a Public Hearing to discuss these matters. If the City decides the rates charged are excessive from those allowed, a refund to subscribers could be ordered. AT & T could then appeal this order if they chose. Kathi Donnelly-Cohen explained maximum permitted rates. As long as AT & T charges less than the maximum amount allowed, it is acceptable. The maximum rate allowed is determined by FCC Standards. The rate used this year will affect rates charged next year. Motion by Bob Buboltz, seconded by Dave Mahoney, to recommend the City Council hold a Public Hearing November 13, 2001for thepurpose of permitting interestedpersons an opportunity to express their views on the basic service programming and equipment rates and installation charges AT & T Broadband calculated in its March 2001 rate filing and implemented in July 2001. All ayes. MOTION PASSED. The notice regarding the Public Hearing will be published in the local paper and on the Cable Access Channel for one week between the hours of 7 pm - 9 pm, as required by law. Bo Other New Business There was no other new business. TELECOMMUNICATIONS COMMISSION MINUTES OF OCTOBER 18, 2001 PAGE 3 REPORTS Ao Report of Commissioners Educational-Dennis reported the School District is in the purchasing stage of the equipment we recently approved funding for. Government- Nothing to report Library-Nothing to report Public-Nothing to report B. Report of AT & T Broadband- The reports were enclosed in the agenda packets. Dave Mahoney asked for clarification of some of the figures. Kathi also reported that the Policies and Procedures Notice is enclosed in this month's billing which is required to be done on an annual basis. C. Report of the Cable Attorney Excite a Home, which replaced Roadrunner, has filed bankruptcy. AT & T is working with them to resolve some of their financial issues. There should be no disruption in service for this area. The firm of Creighton, Bradley, Guzzetta received a letter from KARE 11 on behalf of the Cities/franchises they represent. KARE 11 has requested that those franchising authorities that have the ability to override their signal in case of emergency, discontinue doing so. They believe the message scrolls they already do is adequate. However, local issues may not be announced as KARE 11 would only mn that information they deem news worthy. AT & T cannot discontinue the present practice of our local police department having the authority to run emergency messages, if we do not give them authorization to do so. This will probably be discussed further in the future. D. Report of the Special Projects Coordinator Jean reported we have a new employee working at the Cable Studio, Steve Antus. Jean reports he is very enthusiastic and well suited for the position. The subject of the Holiday Party was discussed. It was the general consensus to have the holiday dinner in January, as is it a less hectic time of year. The choice of restaurants was left to staff to decide. It is, therefore, scheduled for January 17, 2002. E. Report of Reuben Ruen He had a question regarding cable modems and their response time. Kathi explained that HSD calls take on the average of 45 minutes or more to solve problems that are mostly for technical support, compared to video service calls that average 3 minutes. The technical support situations are really not AT & T's problem. They provide the conduit for the service only, not the soft:ware or operational services support. Motion by Reuben Ruen, seconded by Bob Buboltz, to adjourn the meeting at 8:40 pm. All ayes. Respectfully submitted, Shelley Hanson Secretary THESE MINUTES HAVE NOT BEEN A PROVED City of Columbia Heights Park and Recreation Commission October 24, 2001 The meeting was called to order by Eileen Evans at 6:18 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Tom Greenhalgh; Gary Mayer; Scott Niemeyer; Bill Peterson; Keith Windschitl, Recreation Director Members absent: Kevin Hansen, Public Works Director/City Engineer; Gary Peterson; Roger Peterson Also present: APPROVAL CONSENT AGENDA: Motion to approve consent agenda by Foss; second by Greenhalgh. All ayes, motion carried I~ETTERS AND REQUESTS: OLD BUSINESS: Recreation Director, Keith Windschitl, handed out the 2002 Budget Cut Priority list to the commission members. He stated that he would like to see the top three items on the list be put back into the budget, which consist of JPM morning and evening part-time staff, staff training, and boiler room door. NEW BUSINESS: Recreation Director, Keith Windschitl, discussed dates, times, and location for the upcoming November and December Park and Recreation Commission meetings. The November meeting will be held at JPM on November 28, 2001, and the holiday dinner will be held at Little Jax Steak House in Northeast Minneapolis on December 26, 2001. Recreation Director, Keith Windschifl, discussed the possible options in making Murzyn Hall available to School District #13 for their banquets. Due to athletes and parents not wanting to go to Sharky's for their banquets, the number of banquets at JPM has risen. Motion by Foss, second by Greenhalgh to set up a meeting with the Recreation Director, Keith Windschitl, Commission Member, Jerry Foss, Booster member, Jack Bartlett, and the Activities Director, Kyle Perry, to discuss banquet options. All ayes, motion carded. PAGE TWO REPORTS: Recreation Director, Keith Windschitl, discussed the roof problems at JPM. Motion by Foss, second by Greenhalgh to use remaining insurance money of $11,000 and the Back to the Parks money in the amount of $10,000 to do emergency repairs and the west side of the roof if new bids come in below $21,000. All ayes, motion carried. Motion by Greenhalgh, second by Bill Peterson to adjourn. All ayes, motion carried. Meeting adjourned at 7:15 p.m. Tina Foss, Park and Recreation Commission Secretary