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HomeMy WebLinkAboutNovember 26, 2001 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us ADMINISTRA nON November 21, 2001 Maj, or Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce Nawrocla' Robert .4. Williams City ~ana;ler Walter R~ Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, November 26, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN. 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) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE e 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.) e CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda item.q as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the November 13, 2001, regular City Council meeting as presented. 2) Adopt Resolution 2001-68, being a Resolution Desi, ,treating Depositories and Safe Deposit Access for the City of Columbia Heights MOTION: Move to waive the reading of Resolution No. 2001-68, there being ample copies available to the public. MOTION: Move to adoPt Resolution 2001-68, being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. 3) Adopt Resolution 2001-70, being a Resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. MOTION: Move to waive the reading of Resolution No. 2001-70, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-70, being a resolution establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. 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 26, 2001 Page 2 of 4 4) Authorize designation of official newspaper for 2001 MOTION: Move to designate Focus News as the official City newspaper for 2002 and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. 5) Authorize Hardware Maintenance Contract for the IBM AS400 MOTION: Move to authorize the Mayor and City Manager to enter into a five-year or 60 month hardware maintenance contract with IBM Global Services at a cost not to exceed $8,139.33. 6) Authorize payment for Star/Tribune microfilm MOTION: Move to authorize purchase of one subscription to the Star/Tribune on microfilm for 2002 fi.om the authorized, proprietary company producing it for the cost of $3,092.25. 7) Authorize purchase of two laptop coml~uters fi.om State Grant MOTION: Move to approve the purchase of two laptop computers for $3,523.24, with funding for this purchase to come from the Police Department Contributions Fund #883, and to authorize the reimbursement of Fund #883 upon receipt of the reimbursement funds from the State of Minnesota grant. 8) Authorize to accept Juvenile Accountability Block Grant from the State of Minnesota MOTION: Authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Department of Economic Security/Juvenile Accountability Incentive Block Grant in the amount of $9,640, with a match of $1,071, with the match to come fi.om unexpended funds in the 2001 Police Department budget. 9) Establish a Heating Date of December 17, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against 4544 4546 Fillmore Street NE, 1206-1208 Circle Terrace, and 1035-1037 43 ½ Avenue NE, MOTION: Move to Establish a Hearing Date of December 17, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Karolyn Erickson at 4544-4546 Fillmore St. NE. MOTION: Move to Establish a Heating Date of December 17, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against the estate of Susan Loewenthal at 1206-1208 Circle Terrace. MOTION: Move to Establish a Heating Date of December 17, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mike Hyska at 1035-1037 43 ½ Avenue NE. lO) Approve Rental Housing License Application.q MOTION: Move to approve the items listed for rental housing license applications for November 26, 2001. 11) Approve Business License Applicationa MOTION: Move to approve the items as listed on the business license agenda for November 26, 2001 as presented. 12) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. [ City Council Agenda November 26, 2001 Page 3 of 4 5. PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations B) Presentations C) Introduction of New Employees D) Recognition PUBLIC HEARINGS A) Rental Housing Revocation for 4201 6th Street MOTION: Move to waive the reading of Resolution No. 2001-74, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-74, 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 Tom Zarembski Regarding Rental Property at 4201 6th Street. B) Rental Housing Revocation for 4600 Polk Street MOTION: Move to waive the reading of Resolution No.2001-76, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-76, 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 Richard Lee Regarding Rental Property at 4600 Polk Street. c) Rental Housing Revocation for 4616 Tyler Street MOTION: Move to waive the reading of Resolution No.2001-77, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2001-77, 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 4616 Tyler Street. Public Hearing called for Revocation/Suspension of Rental Housing License at 3849 Edgemoor Place is now in compliance. MOTION: Move to close the Public Hearing regarding the Revocation or Suspension of the Rental License held by Mario Valtierrez regarding rental property at 3849 Edgemoor Place in that the property is in compliance with the Residential Maintenance Code. e ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business 1) Approve Joint Powers Agreement with Anoka County for Assessment Services MOTION: Move to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 2002 to January 15, 2008, and to authorize the Mayor and City Manager to execute the agreement. 2) Renewal of Wine/Beer License -Tycoon Tavern and Grill MOTION: Move to deny the 2002 application for a wine and beer license for Ok Cha Kwon dba Tycoon's Tavern and Grill at 4952 Central Avenue based on the recommendation of the Police Department. City Council Agenda November 26, 2001 Page 4 of 4 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attomey 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the October 18, 2001, Charter Commission 2) Meeting of the November 14, 2001, Human Services Commission 3) Meeting of the November 6, 2001, Library Board of Trustees 4) Meeting of the September 18, 2001, Housing and Redevelopment Authority 5) Meeting of the October 16, 2001, Economic Development Authority 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 Wa~ter R. Fbfisi(, Ci'ty lqafi{(ger WF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING TUESDAY, NOVEMBER 13, 2001 ,, INUTES HAVE NOT BEEi APPROVED. The following are the minutes of the regular meeting of the City Council 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. An Invocation was given by Reverend Tom Carlson of First Lutheran Church - Columbia Heights. CALL TO ORDER Mayor Peterson called the meeting to order at 7:05 p.m. ROLL CALL Present: Mayor Peterson, Councilmember Szurek, Councilmember Wyckoff, Councilmember Nawrocki and Councilmember Williams. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA Mayor Peterson added Item 6-I to the Public Heating portion of the agenda, regarding a Rental Housing License. CONSENT AGENDA A) Motion by Nawrocki, second by Williams, to approve the Consent Agenda item,% with corrections to th~, minutes as indicated and removing Items #2 and #6 Walt Fehst, City Manager, reviewed the consent items for Council members. 1) Minutes for Approval of October 22, 24, 29 and November 5 City Council meetin~n a) Motion to approve the minutes of the October 22, 2001, regular City Council meeting as presented. b) Motion to approve the minutes of the October 24, 2001, special City Council meeting as presented. c) Motion to approve the minutes of the October 29, 2001, special City Council meeting as presented. d) Motion 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 - Removed 3) Adopt Resolution 2001-67, being a resolution adopting changes in wage ranges and establishinu wages for seasonal and temnorary employees for calenda_r year 2002. " Motion to waive the readin~ of Resolution No. 2001-67, there being ample copies available to the public. I City Council Minutes November 13, 2001 Page 2 of 16 Motion 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. 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 13th day of November, 2001. Offered by: Nawrocki Seconded by: Williams Roll Call: Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki 4) Authorize School District #13 Joint Powers Agreement for School Liaison Officer Motion 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 to waive the reading of Resolution No. 2001-65, there being ample copies available to the public. Motion to adopt Resolution No. 2001-65, being a Resolution establishing amount of City Share and Amount of Special Assessments on projects to be levied. 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 Council Minutes November 13, 2001 Page 3 of 16 CiTY OF ESTIMATED ASSESSED ESTIMATED 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: Nawrocki Seconded by: Williams Roll Call: Ayes: Peterson, Szurek, Wyckoff, Nawrocki, Williams All Ayes. Motion carried. 6) Direct letter to State Charitable Gambling Control Board for renewal of Class B Charitable gambling license for VI~'W Post #230, 4446 Central Avenue, and waive remainder of the sixty-day notice. - Removed ' 7) 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 again.qt 4600 Polk St, 4616 Tyler St, 3849 Edgemore P1, and 4201 6th St. Motion 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. Motion 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. Motion 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 Mario Valtierrez at 3849 Edgemore Place NE. Motion 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 to approve the items as listed on the business license agenda for November 13, 2001 as presented. 9) Approve Payment of Bills Motion to approve payment of the bills, as listed, out of the proper fund. Nawrocki stated: the minutes of October 22, 2001 should reflect that he spoke of Mr. Denovick, not Williams; the minutes of October 24, 2001 had any incorrect date of September 29 that should be October City Council Minutes November 13, 2001 Page 4 of 16 29; and the minutes of October 29th clarify he wants to see periodic reports on how budget restrictions are being met. Nawrocki asked to remove Item 14,2 Star Tribune and Item #6, Charitable Gambling from the Consent Agenda for discussion. Nawrocki asked the current rate for the school liaison officer. Fehst stated the total rate is $80,000 multiplied by nine-twelve's and divided by one-half to get the city share for the year we are in. Nawrocki questioned the amount last year. Tom Johnson, Chief of Police, estimated the amount at three and one-half percent less than this year. Nawrocki asked why a hearing was being established for 4600 Polk Street and a hearing was to be held tonight. Patty Muscovitz, Deputy City Clerk, indicted the hearing tonight was to be closed until such time that all interested parties could be properly notified. Upon vote: All ayes. Motion carried. Nawrocki asked if establishing wages for seasonal and temporary employees for calendar year 2002 was the same topic as the executive session following the meeting. Fehst indicated they were not the same. Item 142 Authorize purchase of yearly microfilm subscription to the Star/Tribune Nawrocki asked the current fee. Linda Magee, Acting City Manager, stated the fee is currently under $3,000, but is anticipated to go over $3,000, and would need Council approval. Fehst estimated it was about $2,800. Nawrocki felt there should not be a proprietary amount so it would be unnecessary to obtain Council approval. Nawrocki asked if the newspaper microfilm was available through the Anoka County site. Wyckoff stated she would not want to see our Library terminals tied up with someone reading the newspaper. Nawrocki stated this was for research purposes. Peterson suggested this be tabled to the next regular Council meeting so a total cost could be given, and if this is a budgeted item. Motion by Nawrocki, second by Williams, to table the authorization of purchase of yearly microfilm subscription to the Star/Tribune to the next regular Council meeting. Upon vote: All ayes. Motion carried. Item 146 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 Nawrocki stated he is the signatory on this letter. This would constitute a conflict of interest, and therefore, he would not participate in the action. Motion by Szurek, second by Wyckoff, to direct the City Manager to forward a letter to the State Charitable Gambling Control Board stating that the City of Columbia Heights has no objection to the renewal of a Class B charitable gambling license for 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. Upon vote: Ayes - Williams, Szurek, Wyckoff, and Peterson. Abstain - Nawrocki. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS Proclamations - none Presentations 1) Appreciation award from Lomianki, Polish Sister City Wally Logacz, Sister City Committee representative, described the 10th Anniversary Sister City City Council Minutes November 13, 2001 Page 5 of 16 celebration that was planned for the week of September 10, and was postponed to October 9, because of the tragedy in New York. Lomianki also has a sister city in France. He visited the hospital where funds donated last year were used to renovated a wing of the hospital. The Mayor of LomianM sent an award to Mayor Peterson, which he read in Polish and in English, and then presented it to the Mayor. Introduction of New Employees 1) Cheray Olson, Police Support Services Supervisor Chief Tom Johnson introduced Cheray Olson, and gave her background. for the opportunity to work for the City. Olson thanked the Council Recognition - none PUBLIC HEARINGS A) Public Hearing for Revocation/Suspension of Rental Housing License at 4600 Polk Street Mayor Peterson closed 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) Public Heating for Revocation/Suspension of Rental Housing License at 5045 4th Street Mayor Peterson closed 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) Public Hearing for Revocation/Suspension of Rental Housing License at 4622 Tyler Street Mayor Peterson closed the Public Hearing regarding the Revocation or Suspension of the Rental License held by Syed Raza regarding rental property at 4622 Tyler Street in that the property is in compliance with the Residential Maintenance Code. D) Re-Issue Rental Housing License after Revocation at 1024-1026 45th Avenue. Motion by Szurek, second by Williams, 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. Upon vote: All ayes. Motion carried. E) Public Hearing for Revocation/Suspension of Rental Housing License at 4919-21 Jackson Mayor Peterson closed the Public Hearing regarding the Revocation or Suspension of the Rental License held by Michael Johnson regarding rental property at 4919-4921 Jackson Street in that the property is in compliance with the Residential Maintenance Code. F) Adopt Resolution No. 2001-73, being a resolution for Revocation of Rental Housing License for 4536 4538 7th Street Motion by Wyckoff, second by Szurek, to waive the reading of Resolution No. 2001-73, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Wyckoff, second Szurek, to adopt Resolution No. 2001-73, 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. Gary Gorham, Fire Department, stated this party was waiting for a final completion date by their contractor, but has not contacted the Fire Department. City Council Minutes November 13, 2001 Page 6 of 16 Upon vote: All ayes. Motion carried. RESOLUTION 2001-73 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY DONALD FERRY (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4536-4538 7TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON SEPTEMBER 11, 2001 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 13, 2001. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on May 3, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, inspected the property and noted three violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 2. That on June 14, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia Heights, granted an extension to the operators of the rental property to correct the noted one violation that remained uncorrected. A letter listing the next reinspection date was mailed by regular mail to the owner at the address listed on the Rental Housing License Application. 3. That on July 26, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, reinspected the property and noted that the three violations remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner at the property at the address listed on the Rental Housing License Application. 4. That on September 11, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, reinspected the property and noted that three violations remained uncorrected. Compliance orders listing the violations and a letter advising of the City Council action and revocation hearing was mailed by regular mail to the owner at the property at the address listed on the Rental Housing License Application and copies of the notices were mailed by certified mail to the tenants. 5. That on October 11, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, reinspected the property and noted that two violations remained uncorrected. Compliance orders listing the violations and a letter advising of the City Council action and revocation hearing was mailed by certified mail to the owner at the property at the address listed on the Rental Housing License Application. 6. That on November 8, 2001, Matt Field and Dan O'Brien, inspectors for the City of Columbia Heights, reinspected the property and noted that two violations remained uncorrected. 7. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to-wit: City Council Minutes November 13, 2001 Page 7 of 16 FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE (Violations listed below) i. Shall install gutters/downspouts on back of house ii. Shall replace rotted fascia on the back of house. B. FAILURE TO SUBMIT REINSPECTION FEES OF $250.00 8. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4536-4538 7th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 2. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F4719 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this 13th day of November, 2001 Offered by: Wyckoff Second by: Szurek Roll Call: Ayes: Peterson, Szurek, Wyckoff, Nawrocki, Williams. Carded. G) Revocation of Rental Housing License for 4040-4042 Cleveland Street Gorham stated the owner faxed information today on the contractor, and that staff recommended to table action until the December 17, 2001 City Council meeting. Donna Lamont, 4043 Cleveland, stated there have been roof problems with this builcling for three years, and described her efforts to contact the landlord and his assistant. Gorham stated the current violation was in regards to painting, but indicated there are roof problems, which should be addressed Peterson agreed this item should be tabled. Motion by Szurek, second by Williams, to table action on the Public Hearing regarding Revocation/Suspension of the Rental Housing License for David Jacobs/Susan Loewenthal for rental property at 4040-4042 Cleveland Street NE until December 17, 2001. Upon vote: All ayes. Motion carried. City Council Minutes November 13, 2001 Page 8 of 16 I) Adopt Resolution No. 2001-75, being a resolution for Revocation of Rental Housing License for 3732 3rtl Street Motion by Wyckoff, second by Szurek, to waive the reading of Resolution No. 2001-75, there being ample copies available to the public. Upon vote: All ayes. Motion carried. Motion by Wyckoff, second by Szurek to adopt Resolution No. 2001-75, 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 Dale Frenzel regarding rental property at 3732 3rd Street. Gorham stated that the owner did not contact the office to schedule an interior and exterior inspection of the property. Upon vote: All ayes. Motion carried. RESOLUTION 2001-75 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY DALE FRENZEL (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 3732 3r~ STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON SEPTEMBER 24, 2001 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 13, 2001. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on or about April 1, 2001 a re-licensing application was sent by regular mail to the owner of the property at the address listed on the rental housing license application. That on May 21, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia Heights, sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on August 21, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia I-Ieights, sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on September 7, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia Heights, sent notice that the Fire Department had not received the rental license application and that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed on the Rental Housing License Application. City Council Minutes November 13, 2001 Page 9 of 16 5. That on October 11, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia Heights, sent notice that the annual interior inspection had not been scheduled. Notices were sent by regular mail to the owner of the property at the address listed on the Rental Housing License Application and copies of the notice was sent to the tenants. That on November 6, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia Heights, sent notice that the annual interior inspection had not been scheduled. Notices were sent by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 7. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SCHEDULE A RMC INSPECTION That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 3732 3rd Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F5044 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days fi.om the first day of posting of this Order revoking the license as held by License Holder. Passed this 13th day of November, 2001 Offered by: Wyckoff Second by: Szurek Roll Call: Ayes: Peterson, Szurek, Wyckoff, Nawrocki, Williams. Motion carded. H) Cable Rates Linda Magee, Assistant to the City Manager, gave background on the notice from ATT Broadband adjusting rates for basic programming from July 2001, and stated that as part of the rate review the City must hold a public hearing to allow public input. Pursuant to the City's rate regulations, notice was placed in the City's official newspaper, appeared on the public and cable access channels, and the City's web site. Magee stated that Steve Guzzetta, Telecommunications Attorney from Creighton, City Council Minutes November 13,2001 Page 10 of 16 Bradley, and Guzzetta, LLC, and several members of the Telecommunications Commission were present to answer questions. Nawrocki asked the effect of this hearing. Magee stated that comments would be considered and would determined if the increase proposed is in the range allowed, on or before March 2002. If it is not in the range allowed, we would require rollbacks and refunds, which would come back to the Council for a vote. Wyckoff asked for a simpler explanation for the public. Magee stated that the City does not regulate the basic viewing rates. Guzzetta explained that we regulate the equipment to receive basic service and installation, and that the City has one year to adopt the rate order; either approving or disapproving, and ordering rate reductions or rebates. Williams questioned competitive companies. Guzzetta stated that cable controls 80 to 90percent of the market, and that hard line companies fell through because of associated costs. Motion by Wyckoff, second by Williams, to close the public hearing, as interested parties have had an oppommity 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. Upon vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION Other Ordinances and Resolutions - none Bid Considerations 1) Adopt Resolution No. 2001-69 being a resolution awarding the 2001 Sanitary Sewer Lining Project Motion by Williams, second by Szurek to waive the reading of Resolution No. 2001-69, there being ample copies available to the public. Nawrocki asked for cost estimates prior to this award. Kevin Hansen, Public Works Director, stated that this is estimated for annually. Upon Vote: All ayes. Motion carried. Motion by Williams, second by Szm'ek, 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. Hanson stated that this is the annual process of rehabbing the sewer linings, which were televised the previous year. This year's program consists of pipe on 3rd Street, and 45th Avenue. There is infiltration of tree roots into the pipes. Nawrocki questioned where the funds wouM come from. Hansen stated they wouM come from the sanitary sewer fund. Upon vote: All ayes. Motion carried. City Council Minutes November 13, 2001 Page 11 ofl6 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, MN 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. Insituform Technologies USA, Inc. Visu-Sewer Clean & Seal, Inc. Base Bid $56,540 $57,635 $58,050 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: Williams Seconded by: Szurek Roll Call: Ayes: Peterson, Szurek, Wyckoff, Nawrocki, Williams Motion Carried. 2) Authorize Change Order//2 to Sunram Construction for City Project 9818 Jefferson Divide Retaining Wall Motion by Williams, second by Szurek, 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. Nawrocki asked what the first $18,000 change order was for. Hanson stated that was for the retaining wall on Wargo Court alley. Nawrocki questioned having only one bid, and what comparison was done. Hansen stated it was compared to past bids and by calling other contractors for a price range. This is through the existing contract and is in an acceptable range. If it were not, multiple quotes would have been taken. Hansen stated this is state aid fundable, and felt it was necessary and appropriate. Upon vote: All ayes. Motion carried. Other Business 1) Maintenance of HVAC systems at all Ci.ty building.q Motion by Szurek, second by Williams, to approve a six year agreement with Honeywell for the City Council Minutes November 13, 2001 Page 12 of 16 provision of equipment maintenance services as listed; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Nawrocki questioned the previous year's cost. Fehst stated that the one year contract was extended for $69,924. Nawrocki stated that the contract calls for an annual performance review. Fehst stated that staff has reviewed their performance over the last five years. Nawrocki suggested Council be included in this review. Nawrocki suggested taking bids from other companies. Fehst stated that other services were looked at in conjunctions with the liquor stores. He felt that Honeywell provides excellent service and they are reducing the fee because of the new HA V,4C unit. Fehst stated there is a sixty day clause to get out of the contract, primarily for cause;for example, if the City wouldstaff a maintenance department, or go to a piecemeal contract with Honeywell. Nawrocki felt the words "with cause" could be a source for litigation. Nawrocki indicated this was too large a contract to not take competitive bids. He referred to the high prices Honeywell bid on the HA VAC units compared to other companies. Nawrocki stated that the new warranties would not require Honeywell to be responsible for many items. Fehst felt it would be possible to find cheaper service, but stated that the City has a good track record with Honeywell. He stated that Trygve Behny, our Honeywell representative, was present. Fehst indicated he was not comfortable with the clause "for cause ", but we would receive a six year locked rate. With a locked rate, it would not be right to attempt to get other bids, but if bids were solicited now we would be without a contract for a while. Fehst stated that he has every confidence in Honeywell. If Council is interested in getting quotes, he recommended not awarding the bid this evening. Nawrocki stated competitive bids should have been researched before this. Nawrocki stated that in years past there were concerns withH, oneywell 's performance. He felt we should check if there are other qualified companies and what their bid would be. Trygve Behney stated that Honeywell endeavored to offer the City a reward for the longevity of past contracts. Honeywell offers a long term agreement to allow for budgeting. The first year figure is decreased by almost $5,000. He stated the advantage for Honeywell is they know our equipment, which eliminates surprises. The contract includes parts and labor on all items, and emergency services. Behney stated that the 60 day ''for cause" release statement is standard language, which may include the City changing to internal maintenance. Nawrocki referenced Mounds View canceling their contract with Honeywell. Behney stated they thought they could get service better and cheaper, but Honeywell is now back working there on a spot basis. Williams asked Behney if Honeywell would extend the contract until the City could take bids. Magee stated that the current agreement ends November 23. Behney stated that the City could find someone cheaper, but debated if they would be better. He indicated this proposal was saving the City $25,000 over the six year contract. Peterson asked for a definition of "cause". Jim Hoefi, City Attorney, stated there is not a definition in that case, except possibly the performance of the contract. Hoeft indicated it is not insignificant that they have now included city maintenance; so if the City wants to have internal maintenance it would fall under .... cause . Peterson pointed out that we would get alee reduction for year one and a three percent increase per City Council Minutes November 13, 2001 Page 13 of 16 year. The City has had a good relationship with Honeywell and he is comfortable with the contract. Nawrocki asked if Honeywell would be willing to take "cause" out of the agreement, and/or be willing to extend the present contract for three months to give the City time to explore other qualified bidders that provide the service. Behney stated the term "cause" has been expanded to be as broad as possible, and is uncomfortable having competitors claim they can do the job better and cheaper. An issue with service personnel would be considered "cause". Nawrocki stated that competition is the most cost effective way to get service and that the City should get alternative pricing. Behney stated the contract is currently on an annual basis, and the option wouM be one additional year at the current rate. Williams pointed out the cost difference offered by Honeywell on the new HVA C units. Behney stated the HVAC bid was unique, as interest would not have been charged, but built into the maintenance agreement. Honeywell looks for long term relationship. Behney stated that with the long term price reduction offered, the equipment would essentially be free. Peterson again stated that the City has a good relationship with Honeywell, and indicated that low bids can come back to haunt you. He was sure the City could get a good deal, but felt that within two years there would be a problem. He indicated that a lot of staff time would be spent worMng on this. Nawrocki reiterated the need for a competitive bid. Specifications need to address competency. He stated that he was not ready to accept that there are not other supplies as competent as Honeywell. Peterson stated that taking the low responsible bid, most of the time costs more in the long run. Upon Vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. 4-1 Motion carried. Mayor Peterson invited the civic class students who were present to introduce themselves. Miscellaneous Nawrocki asked to return to an item on the consent agenda, under licensing, regarding fees. The fees are Murzyn Hall $300, investigative fee $500, and the temporary beer permit for Jamboree at $1 O0 per day. Nawrocki asked for consideration to waive these fees, considering this service organization's contributions to the community. Peterson stated that in previous years fees have been waived for the Jamboree. Motion by Nawrocki, second by Wyckoff, to reconsider the liquor license for the Columbia Heights Lions Club at Murzyn Hall, investigation fees, and the temporary beer license for the Jamboree. Upon vote: All ayes. Motion carried. Williams asked if these fees go to the Murzyn Hall budget. Nawrocki stated that the fees go to the general fund. Peterson questioned the amount charged for investigation. Hoefl stated that the Police Department goes through the same procedure for this organization as any other, and there are costs involved. Peterson stated that the Lions Club does contribute to Police items. Motion by Nawrocki, second by Szurek, to waive the 2002 - Columbia Heights Lions Club investigative fee and temporary liquor license fee for the Jamboree, and to maintain the $300 liquor license fee for Murzyn Hall. Upon vote: All ayes. Motion carried. City Council Minutes November 13, 2001 Page 14 of 16 Williams referred to discussions about the City taking over liquor sales at Murzyn Hall to generate funds. Nawrocki stated it is more profitable for the Lions Club as their workers are all volunteers. If the park board were to take over liquor sales, they would have to hire people. ADMINISTRATIVE REPORTS Report of the City Manager Fehst stated that at the last landlords meeting, members invited the City Council to attend their next meeting on December 11, 2001, 7:00p. m. in the Senior Center at Murzyn Hall. Fehst stated that a work session is planned for Monday, November 19, to summarize the budget prior to December 3 public hearing. Two other items for the work session would be: · Zone 6 Street improvements for nextyear · HRA membership options Fehst stated that Jim McComb, who is handling the Columbia Heights retailing survey has had difficulties getting information from business owners, and hopes to get the information to Council in three to four weeks. Fehst indicated staff is working on the CDBG application, which is now on a competitive basis. This will be brought to Council, as soon as possible. Fehst stated that the roof repairs at city hall continue, and that the coping around the parapet, which was estimated at $20,000, would be reduced to $9,200 or $9,800 due to salvaging some of the old materials. Nawrocki questioned the reduction of major purchases to supplement the cost of roof repairs. Fehst reported on items approved and denied. Report of the City Attorney Hoefi suggested posting the Landlords meeting as a special meeting, anticipating there may be three or more Councilmembers present. GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions · Meeting of the September 18, 2001 Economic Development Authority · Meeting of the October 2, 2001 Public Library Board of Trustees · Meeting of the October 2, 2001 Library Board/City Council Budget Meeting · Meeting of the October 18, 2001 Telecommunications Commission · Meeting of the October 24, 2001 Park and Recreation Commission CITIZENS FORUM Ken Henke, 4429 2 ~ Street, questioned the status of the home that burned earlier this year on 2 ~ Street. Fehst stated that he believed it had been condemned. Hoeft stated that any hold up on the property may be because a death was involved. Fehst stated that he would check on this and put the information in the Green Sheet. Peterson asked that a copy be given to Mr. Henke. Henke stated his concern for youth in the neighborhood. City Council Minutes November 13, 2001 Page 15 of 16 COUNCIL CORNER Szurek questioned students parking on Quincy Street in front of the church, leaving no spaces for parishioners or meeting attendants to park. She thought there was an agreement to not park adjacent to the church. Fehst thought it was posted. Szurek stated it is only posted for Saturday night and Sunday church. She suggested that Mr. Dettmann be contacted. Szurek stated that students are also parking on Van Buren in front of residential homes. Wyckoff asked if the parking lot is full. Szurek stated that it was not. Nawrocki stated that the street parking does not belong to the church. He suggested limited parking during the day, which couM be enforced. Hansen stated this couM be brought before the Traffic Commission. Peterson asked that Mr. Dettmann be contacted first ,asking that students park in the parking lot. Szurek encouraged residents to attend the Columbia Heights Community Holiday Kick Off party. The event will be held on November 24, 2001 at Murzyn Hall. Nawrocki questioned how the $8 portion of the fee was determined to be tax deductible. Wyckoff invited residents to attend the Council Work Session meeting, on Monday, November 19, 2001 to give input on budget cuts and add backs. She stated she will support keeping the city hall receptionist, and will support retaining some manner of financial contribution to residents removing trees from their yard. Wyckoff stated that there was a good turn out for the initial Historical Society organizational meeting. The first official meeting will be on November 29, 2001 at 6:30p. m. at Murzyn Hall to establish By-Laws, Mission statement, election of officers and establishment of dues. Nawrocki stated that he attended the Association of Metropolitan Municipalities (AMM) Policy Setting Meeting, and had the information available for review. The AMM will bom a meeting at Anoka County on Thursday, November 29, 2001, from 3:30p. m. to 5.'OO p. m. Nawrocki will attend the League of MN Cities Policy Adoption Conference on Friday, November 16, 2001. Nawrocki stated the alley from 44th to 45th has a less than desirable patching, and has ponding. The sod had been replaced but the old sod is still lying there. Regarding the Central Avenue project, Nawrocki stated that he contacted MNDot and was informed that we can submit a new application, and was optimistic the City would receive funds. Hanson stated that the application has been submitted. Nawrocki questioned project changes and cost differences. Hansen stated that the current plans are more accurate. Hansen explained the request to resubmitted the application not with bituminous, but rather replacement in-kind, with concrete. There would be a significant cost difference of about $250,000. Nawrocki questioned limiting the southbound lanes on Reservoir to one lane. Hansen and the City Manager are discussing a date to bring this before Council. Nawrocki questioned the overall cost. Hansen stated the overall project cost is about the same. Nawrocki requested information on the original project for a comparison, and if the cost were greater, where the money would come from. Nawrocki questioned responses to the resident's complaint against the road contractor and the resident complaint on an employee's inappropriate language, and if apologizes were given. Hansen stated that the road superintendent admitted the conversation should not have happened and would not happen again. Magee stated that an investigation was conducted regarding the employee incident. It was concluded that one allegation regarding the truck was sustained and the others were not. No disciplinary action would be taken. Nawrocki asked if an apology had been required. Magee stated no, unless the employee does so. Nawrocki stated that relative to comments at the last Council meeting, that residents of Columbia Heights would not treat someone campaigning the way Councilmember Williams indicated, and he suggested an apology to the citizens that may have been offended by those comments. Williams stated that leaders need to be careful of their rhetoric, and to positively empower people. He apologized, if he offended anyone. [ City Council Minutes November 13, 2001 Page 16 of 16 He encourages neighbors to talk to each other, and encouraged citizens with any metal or appliances to dispose of to call the City contractor for pick up. Williams gave a trivia statement that Wyckoff was credited with knowing: Columbia Heights Village was established on March 14, 1898. Williams also encouraged residents to attend the budget work session. Peterson referred to the Library fund raiser, earlier this evening, at the Har Mar Barnes and Noble Book Fair. Peterson stated that before Columbia Heights was part of Anoka County it was in Mahnomen County, which means "wild rice". Peterson invited everyone to the Columbia Heights Community Spirit Holiday Kick-off Party, to met old friends and make new friends. Peterson encouraged residents to decorate their homes for the holidays, and indicated that nomination forms are available at City Hall for the Holiday Lighting contest. Peterson stated, "Don't take yourself too serious, enjoy life now, and do a random act of kindness. 3. ADJOURNMENT Mayor Peterson adjourned the meeting at 9:45 p.m. Patricia Muscovitz, Deputy City Clerk r CITY COUNCIL LETTER MEETING OF: NOVEMBER 26 2001 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGI~R NO: FINANCE APPROVAL FUNDS OF THE CITY OF COLUMBIA HEIGHTS DATE:"fl'O'VEMBER 7, 2001 NO: Each year the council passes a resolution designating depositories for city funds and for investment purposes. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the city must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. The resolution also contains a section covering access to city safe deposit boxes. It is staff's recommendation that the City Council adopt this resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution 2001-68 there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2001-68, being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. WE:sms 0111071COUNCIL Attachment COUNCIL ACTION: RESOLUTION NO. 2001- 68 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast Bank and Wells Fargo Bank of Minnesota, N.A. are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast Bank and Wells Fargo Bank of Minnesota, N.A. as designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Clerk-Treasurer and that Northeast Bank and Wells Fargo Bank of Minnesota, N.A. shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of any one of the following named City employees are required for access to safe deposit boxes: Finance Director City Manager Assistant Finance Director Accountant Information Systems Director Information Systems Technician Passed this Offered by: Seconded by: Roll Call: day of ,2001 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 0111071COUNCIL I CITY COUNCIL LETTER MEETING OF: NOVEMBER 26, 2001 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: ~ - g - 3 FINANCE APPROVAL GUIDELINES NO: DATE: NOVEMBER 8, 2001 Income eligibility guidelines for senior citizen utility rates are established on an annual basis. The 2001 maximum income eligibility level was set at $17,900. Attached is a resolution establishing the year 2002 maximum income eligibility level at $20,700 to receive reduced senior citizen rates in the year 2002. The formula used is the maximum Social Security benefits for an individual 65 years old, plus 4% rounded to the next even $100 increment. For the year 2002, the maximum Social Security benefit for a 65 year-old individual is $19,920. The 4% adjustment to this figure in the City's eligibility level allows for $780 in other income. The City Council can set any formula or amount for income eligibility. The formula used here and in the past is equitable for the truly low income senior citizens. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For several years, the number of seniors receiving the reduced rate has remained constant at approximately 200 residents. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 2001-70 being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. RS:sms 0111081COUNCIL COUNCIL ACTION: RESOLUTION NO. 2001 - 70 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse Service, Disposal, and Water Supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $20,700 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 2002. Passed this Offered by: Seconded by: Roll Call: day of ,2001 Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 0111081COUNCIL CITY COUNCIL LETTER MEETING OF NOVEMBER 26 2001 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: i-t- A- [-~ FINANCE APPROVAL ITEM: DESIGNATING AN OFFICIAL BY: WILLI~.L.LI~,~?~]RITE BY.~//~/~ NEWSPAPER FOR 2002 c.~ ~~ DATE:NO~~, 2001 NO: Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statutes require the newspaper to be published on a minimum of a weekly basis. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial users. Based on this, there are only two newspapers serving Columbia Heights that meet the criteria: Focus News and the Star Tribune. Based on rates charged to commercial customers, the Focus News is the least expensive alternative. The Star Tribune's 2002 rate will be $3.44 per line for legal notices and $38.00 per inch for other publications. The following is a comparison of the 2001 rates to the 2002 rates for the Focus News: :2001~te: 2002 Rate , , One Column Width: Per line, first insertion 0.99 0.99 ($10.89 per inch) Per line, subsequent insertion 0.55 0.55 ($ 6.05 per inch) Two Column Width: Per line, first insertion 1.98 1.98 ($21.78 per inch) Per line, subsequent insertion 1.10 1.10 ($12.10 per inch) The Focus newspaper has not increased their rates for 2002. RECOMMENDED MOTION: Move to designate Focus News as the official City newspaper for 2002 and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. WE:sms 0111132COUNCIL Attachment COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: NOVEMBER 26, 2001 AGENDA SECTION: ORIGINATING DEPT: CITY MANAGER NO: L'/' ~k' ~'" FINANCE APPROVAL ITEM: HARDWARE MAINTENANCE BY: ROXANE SMITH CONTRACT FOR THE IBM AS400 NO: DATE: NOVEMBER 9, 2001 On October 26, 1998 the City was authorized to enter into a contract with IBM for the acquisition of an IBM AS400 el 70 computer system, installation/data transfer services, a five- year software maintenance plan and a three-year hardware maintenance plan. The three-year hardware maintenance plan is up for renewal as of December 14, 2001. The renewal contract is for a period of five years at a total cost of $8,139.33. By prepaying the full amount of $8,139.33 the City is protected from any maintenance price increases. RECOMMENDED MOTION: Move to authorize the Mayor and City Manager to enter into a five-year or 60-month hardware maintenance contract with IBM Global Services at a cost not to exceed $8,139.33. gS:sms Olll093COUNCIL COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting off November 26, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~~ A-~o Library APPROVAL Payment for Star/Tribune microfilm BY: M. Rebecca Loader BY: ~6~~ ITEM: DATE: November 18, 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 Star/Tribune has a website (http://www.startribune.com) that provides access to articles back to 1990. Any article older than three weeks can be searched and previewed for free, but to retrieve the whole article, a patron must set up an account and pay $1.95 per article. The Anoka County Library has in-house online access to the Star/Tribune archive back to 1986 and has microfilm available at the Northtown branch. Columbia Heights patrons would have to go to a branch of the Anoka County Library to use the online service as remote access in not available at this time. Columbia Heights patrons use the microfilm reader/printer to do research (such as genealogy, stock prices, car values) on an average of 3-5 times per week. Copies are 15 cents per page. The Star/Tribune contracts with one company to produce microfilm of their newspaper. The current vendor is Proquest Information and Learning. Microfilm is budgeted in line item 2188. The 2001 budget was $2,700 and the 2002 proposed budget is $2,700. The 2000 expenditure was $2,583.00 and the 2001 expenditure was $2,829.75. The cost for the 2002 subscription is $3,092.25. RECOMMENDED MOTION: Move to authorize purchase of one subscription to the Star/Tribune on microfilm for 2002 fi'om the authorized, proprietary company producing it for the cost of $3,092.25. COUNCIL ACTION: CITY COUNCIL LETTER Meetin of November 26 2001 AGENDA SECTION: Consent L[ _/kx .-~ ORIGINATING DEPARTMENT CITY MANAGER NO. POLICE APPROVAl .Z.~.r ITEM: Purchase of Zwo Laptop Computers from BY: ThomasM. Johnson... ~ BY: NO State Grant DATE: November 16, 200~V1 DATE: BACKGROUND In 2000 the Anoka County Joint Law Enforcement Council applied for and received a State grant to purchase laptop computers to replace MDT units in our squad cars. It was first thought that we had until June 2002 to make these purchases. In early November 2001, Gary Lenzmeier, the former Deputy Director of the Fridley Police Department who is coordinating this grant, found out that these laptops must be purchased by the end of November or we lose our grant money. Mr. Lenzmeier reported this information to the Police Chiefs in the attached memo dated November 8, 2001, and at the Anoka Chiefs of Police meeting on November 14, 2001. The Columbia Heights Police Department qualifies for two of these laptops through the grant. ANALYSIS/CONCLUSION This grant must be used for laptop purchases by the end of November 2001. In order to obtain the grant funds, the department must first purchase the laptops at a cost of $1,640 per laptop, plus tax and freight. The total cost would be: Two laptops at $3,280.00 Tax 213.20 Freight 30.04 TOTAL $3,523.24 This is an oppommity to obtain two laptops at no cost to the City. The Police Department recommends that we take advantage of this grant and approve the purchase. RECOMMENDED MOTION: Move to approve the purchase of two laptop computers for $3,523.24, with funding for this purchase to come from the Police Department Contributions Fund #883, and to authorize the reimbursement of Fund #883 upon receipt of the reimbursement funds from the State of Minnesota grant. TMJ:mld 01-189 COUNCIL ACTION: From: To: Date: Subject: <GaryLenz@aol.com> <Tom.Johnson@ci.columbia-heights.mn.us> 11/8/01 5:18PM Re: Anoka County CJIS Integration Implementation Grant I received a phone call on Tuesday from Jocelyn Van Knight concerning our laptop grant. Jocelyn is a planner for the State and is my contact on this grant. She told me that the grant money needs to be spent by the end of this year and the grant will not be extended to June of 2002. I was under the impression since the beginning of this year that the extension was already in place. I have talked to John Tonding and he told me training on the new Central Communiction software (cdpd) will be starting next week and there are already four units on the street using the system and all seems to be going well. It is his intention to hand out to the agencies the Pannosonic laptops he has purchased from his budget as soon as officers are trained. The State grant provides for at least 17 laptops plus software at a total cost not to exceed $3,070 per unit. The laptops will be given to agencies according to number of calls for service for the year 2000 according to Central Communication statistics. That means that Coon Rapids, the Sheriff's Office, Blaine, Fridley, Anoka City, and Columbia Heights would all get two of the State laptops and the remainder of the agencies would get one. However, if agencies spend less than the $3,070 for their laptops, that amount will be used to purchase laptops for the other agencies starting with Ramsey. Once you purchase the laptops I will need a copy of your receipt so that I can complete the grant paperwork for the reimbursement. You should send that to me at Gary Lenzmeier, 2274 153 Lane, Andover, MN, 55304. Please try to make your purchases prior to the end of November so that I have time to make any adjustments that may have to be made. If you have any questions there are a number of ways to get in touch with me. Office (763) 754-4724, Cell (612) 636-3809, Home (763) 757-6292, Pager (612) 534-1976. Forwarded Message: Subj: Anoka County CJIS Integration Implementation Grant Date: 11/7/01 3:42:59 PM Central Standard Time From: Jocelyn.Vanknight@state.mn.us (VanKnight, Jocelyn) To: Garylenz@aol.com ('Garylenz@AOL.com') Gary, I am unable to extend this grant beyond the end of the grant term, December 31,2001. The reason is because this money is from the 1999 appropriation, which actually should have have been spent by June 30, 2001. We can extend the Match portion but the Award portion must be spent. I am asking that you spend as much of the award as you can by the end of the year. I apologize for any inconvenience this may cause. Please contact me Tom johnson: Re: Anoka c~unty c J is Integrat On m~ ~{at ~n Grant ~ag~ if you have any further questions or need more information. Thank you. Jocelyn Van Knight Minnesota Department of Public Safety Office of Drug Policy & Violence Prevention 651-284-3325 GRANT IMPLEMENTATION PLAN Goal: Purchase at least 26 laptop computers and install 25 in police vehicles in 11 police agencies. Load the computers with PSSI Mobile software, Visionnire Paperless and the Coon Rapids browser. Train all patrol offw, ers using the laptops in the use of the laptop and aH the software. One hptop will be kept by Central Communications ns a test/bench computer. More laptops may end up being purchased depending on the cost of the computers individual agencies purchase. Grant: The grant provides money to purchase at least 26 laptop computers. A large part ofthe 50% match required ofthe grant is in Central Communications 2001 Budget. In preparation for that budget the Central Communications director put in his budget money to purchase 12 laptop computers and required software. Other parts of the match are included in employee salaries, docking stations and modems. ~4. DUTIES,dND RESPONSIBILITIES Grant Manager: The grant manager will formulate and coordinate the Implementation Plan insuring the plan is carried out according to time lines. He will also insure the following: 1. Communicate with the State any changes that are needed. 2. Set up training for the site managers 3. Insure equipment is purchased and finances are according to grant specifications 4. All needed documentation is completed and forwarded according to the grant. 5. The outcomes are completed on time and sent to the state Site Managers: The site manager will he the contact person for individual agencies. Their respoas~ilities include: 1. Oversee Ihe installation ofthe laptops, laptop mounts and modems in their agencies. 2. At~end the training provided by the PSSI Vendor and an Anoka County instructor concerning the laptops and the software. 3. Train the officers in their respective departments how the laptops can then be used to receive CAD information, look up county RMS information and complete police reports using Visionair software. 4. Function as the agency contact person for gathering the financial information from the purchases and implementing and gathering the agency information for documentation of the laptop measures RM$ TechnicalAdminlstrator: The RMS Technical Administrator will work with the PSSI vendor to insure compatibility ofthe software loaded on the laptops. He will also provide the technical expertise needed for a smooth integration ofthe mobile system with thc RMS system. Evaluation Specialist: The evaluation specialist will construct an evaluation tool to measure the effectiveness oftbe system. Using the site managers, the specialist will make sure the officers ofeach department know how to use the tool and make sure that the measurements are gathered according to the grant specifications. The evaluation specialist will work closely with the RMS Manager to collect the data provided by the RMS system. He will then gather all the data and send it to the State. B. IMPLEMENT,4 TION PLAN Deployment: John Tonding's Central Communication 2001 Budget allocates one laptop for each agency (11) and one laptop for testing and implementation purposes. The other 14 laptops will be distr~uted with one laptop going to each agency and the remainder going to the agencies with the most calls for service during the year 2000. Purchasing Equipment: John Tonding will he selecting and purchasing the 12 laptops from his budget. The agencies will then be notified and asked if they would like a second, and for larger agencies, a third laptop. The agencies will then select and purchase the laptops, modems and laptop mounts they desire and forward copies of the purchase receipts to the grant manager, lfthe individual pieces cost less than provided by the grant, that money will be used to purchase additional laptops. If the individual pieces cost more than outlined in the grant, the agencies selecting the equipment will need to absorb the added expense. Wan agency declines equipment offered in the grant, the opportunity will be given the next largest call for service agency on the list. ,4gency responsibility: Each agency accepting the hptops will need to provide the cost of the modems, the cost ofthe mounts inside of the police cars, a large portion of the CDPD connect charge for thc first three months and he willing to provide the necessary documentation (measures) concerning use of the laptops. At the end ofthe grant period and for a month, officers using the equipment will need to document the following: 1. Average time to receive information. 2. How the information was ut~. 3. Whether/how thc information improved their ability to make appropriate intervention decisions and/or protect the safety ofoffw, ers and citizens. , The RMS system will continuously track: 1. Number of queries for cross-jurisdictional information 2. Number of records with muhiple entries crossing jurisdictions 3. Average time to complete contact and response to queo/from mobile units. Laptop Setup: Thc Visonairc Administrative Technical Manager will install the Coon Rapids Browser software on the laptops and insure the connections with the Anoka County Master RMS. In addition, he will become familiar with the PSSI software and work with the PSSI vendor to insure software compat~ility and function. He will also install the PSSI software and the Visionair Paperless on the laptops. Installation of Laptops: The installation of the laptops will be done by each individual agency so that they will be installed to the individual specifications of the agency. Training: The PSSI vender and an Anoka County instructor will team up to teach the site managers on the use of the laptops as it relates to Anoka County CAD, Visionair Paperless and The Coon Rapids Browser. They will also provide the site managers with any special knowledge the agencies will need concerning the maintenance of the laptops. The site managers will then lrain the officers of their respeclive department. Memo To: From: Date: Subject: Anoka County Police Chiefs and Sheriff John Tonding November 8, 2001 Laptop Specifications The following are the specifications for the Panasonic Tough book laptop computers that each department will receive as the first unit on the CDPD system; Model CF-27 Pentium II 333 MHz Processor 128 MB Memory 12 GB Hard drive 13.3" Display, touch screen - display supporting 1024 X 768 screen resolution Windows 2000 Professional operating system Modem supplied is an Enfora Spider II PC card modem, with an antenna adapter to connect to an external antenna. This modem fits into a PCMCIA type II slot on the laptop. As you can see, this is not an extraordinarily fast computer, and does not need to be to run the application. Touch screen is not required to run the system - there are hot keys to access everything also, but your o~cers may find the touch screen a desirable feature. The provided laptop does not have a CD Rom drive, but does have a multiftmction bay with a 3.5" floppy disk drive. This drive is removable and a CD Rom drive can replace it. The system was designed to run on Windows 2000. Windows NT should work as well, as it is a similar operating system platform, however the system was not designed to work on Windows 98, 95 or ME. The laptops and modems have been purchased from Portable Computer Systems, Inc. The contact person with PCS is John Cnsick, his direct number is 612-309-5115. I spoke with him today, and asked him to pull together current pricing on the above model, or the current equivalent. He should have this information for you should you choose to contact him. From: To: Date: Subject: <johnhar@cdwg.com> <cheray olson@ci.columbia-heights, mn.us> 11/9/01 2:30PM FW: TOSHIBA 4600 Laptops CDW-G Quo Cheray, here is the quote for the Laptops. Please call me with any questions. Thanks, John 877-554-4480 fax 312-705-8235 This e-mail best viewed in a fixed font such as Courier. CHERAY OLSON Thank you for choosing CDW-G for your computing needs. Following are the details of your quote. Quote Date: 11/09/2001 Quote Number: FO91299 P.O. Number: TOS4600 QUOTE Payment Terms: Request Terms Shipped Via: UPS COMMERCIAL GROUND QTY. PRICE ITEM NO. DESCRIPTION/MFG. PART NUMBER 2 301865 TOS 4600 7/900 20GB 128MB W2K 3280.00 TOS-PS460U-06USV1 E UNIT PRICE 1~0.00 EXT. Subtotal 3,280.00 Sales Tax .00 Freight 30.04 Total 3,310.04 Ship To: Bill To: CHERAY OLSON CHERAY OLSON 559 MILL ST NE 559 MILL ST NE SUPPORT SERVICES SUPERVISOR SUPPORT SERVICES SUPERVISOR COLUMBIA HEIGHTS MN 55421-3822 COLUMBIA HEIGHTS MN 55421-3822 CITY COUNCIL LETTER Meeting of November 26 2001 AGENDA SECTION: Consent ORIGINATING DEPARTMENT CITY MANAGER NO. L.{_ A' C~ POLICE APPROVAI~ ,//' ITEM: Authorization to accept Juvenile Accountability BY: Thomas M. Johnso~lx~ BY: ~~-~~ NO: Block Grant from State of Minnesota DATE: November 15,200't"~ [ DATE: BACKGROUND The Columbia Heights Police Department has been successful in securing a grant through the State of Minnesota Department of Economic Security/Juvenile Accountability Incentive Block Grant. This grant will pay for our share of the Project Safety Net program ($6,000) and for the supervisors' pay for our graffiti cleanup program. The grant is for $9,640.00, with a $1,071 match. The grant breaks down as follows: $6,000 for Project Safety Net and $4,711.00 for supplies, salaries and fringe benefits of work crew supervisors, and pizzas for the cleanup crews. We have been using this same grant during the past several years for the same expenses. ANALYSIS/CONCLUSION This grant will allow us to continue two programs that have worked very well for the city and the department. Individuals caught doing vandalism and/or graffiti, or have community service time to serve, or through the local schools they have detention to serve, use this program to pay their debt to society. The city benefits by having graffiti free buildings and a clean, appealing community. The program has been expanded to include raking leaves in the fall for the elderly or disabled and shoveling snow in the winter for the same. Project Safety Net is a program that greatly benefits the city by giving us a place to take juvenile curfew violators. Once at the Safety Net, we know they will get an immediate intervention and the officer can return promptly to the streets. The department feels strongly that this is an excellent use of these funds. RECOMMENDED MOTION: Authorize the Mayor and the City Manager to accept a grant from the State of Minnesota Department of Economic Security/Juvenile Accountability Incentive Block Grant in the amount of $9,640, with a match of $1,071, with the match to come from unexpended funds in the 2001 Police Department budget. TMJ:mld 01- 188 COUNCIL ACTION: Attachment A Certification of Use of Juvenile Accountability Incentive Block Grant (JAIBG) Funds Please choose ONE of the following options: I, Thomas M. Johnson hereby assert that the City , chief executive officer OfC°lumbia Hts. Police do of Columbia Heights Chooses not to participate in the JAIBG in 2000. Accepts the amount of $9,$40.00 of JAIBG funds to be expended under the terms and conditions of the program. We understand and acknowledge that we are responsible for the expenditure of funds and obtaining the minimum required cash match of $1,071.00. Will enter into a multijurisdictional partnership. Please attach a sheet with the following information on each partner: -Name of county OR city -Contact Person -Address, phone AND fax number Will allow the allocation to be offered to another jurisdiction. Please identifl/the contact person and the fiscal a~ent for your iurisdiction for the JAIBG. Primary Contact Person Name: Thomas M. Johnson Title: Chief of Police Address: Columbia Heights Police 559 Mill Street Columbia Heights, MN 55421 Phone: (763) 706-3 755 FAX: (763) 706-3 752 Fiscal Agent Name: Thomas M. Johnson Title: Chief of Police Address: Columbia Heights Police 559 Mill Street Columbia Heights, MN 5542] Phone: (763) 706-3755 FAX: (763) 706-3 752 Authorized signature ~___..j Thomas M. Johnson, Chief of Police Title November 9, 2001 Date Return to: Alana Romanowski MDESANSB 390 No. Robert St. St. Paul, MN 55101-1812 Phone: 651/282-5667 Minnesota Department of Economic Security Office of Youth Development CITY COUNCIL LETTER Meeting of: November 26, 2001 AGENDA ORIGiNATING CITY SECTION: Consent ~ - A ' O~ DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Establish Hearing Dates BY: Dana Alexon BY.'/~ff~--'- License Revocation, Rental Properties NO: DATE: November 19, 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. marolyn Erickson .......................................................... 4544-4546 Fillmore St. NE 2. Estate of Susan Loewenthal .......................................... 1206-1208 Circle Terrace 3. Mike Hyska ................................................................... 1035-1037 43-1/2 Avenue RECOMMENDED MOTION: Move to Establish a Heating Date of December 17, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Karolyn Erickson at 4544-4546 Fillmore St. NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of December 17, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Estate of Susan Loewenthal at 1206-1208 Circle Terrace NE. RECOMMENDED MOTION: Move to Establish a Heating Date of December 17, 2001 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Mike Hyska at 1035-1037 43-1/2 Avenue NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' November 26~ 2001 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4-A- 10 Fire ITEM: Approval of Rental Housing License BY: Dana Alexon By: ~"~_ ~t~ Applications NO: DATE: November 20, 2001 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. RECOMMENDED MOTION: Move to approve the items listed for rental housing license applications for November 26, 2001 COUNCIL ACTION: Occupany I.D. Property Owner Name Property Address 30004 Resource Trust Co. 543 40th Avenue 34049 Nancy Abbott 1429 42nd Avenue 20283 Osama AbdeI-Kerim 3801 Pierce Street 12036 Elmi Abullahi 4916 Tyler Street 20013 Shirley Apollo 1134 45th Avenue 20045 Mostafa Chatraei 3800 Tyler Street 30053 Lester Chies 980 44th Avenue 20031 Robert Cox 3906 Van Buren Street 30096 Jim Crockett 1000 Peters Place 20051 Marilyn Dalseth 4539 Fillmore Street 12135 Jonathan Deal 4307 7th Street 30055 Martha Demetriou 1400 47th Avenue 20040 Edward Fragale 1300 Circle Terrace 20041 Edward Fragale 1308 Circle Terrace 20043 Edward Fragale 1324 Circle Terrace 12075 David Holton 656 47-1/2 Avenue 12044 Susan Kinch 1221 Circle Terrace 30162 Daniel Larson 4556 Tyler Street 20104 Daniel Nohr 4645 Taylor Street 11/20/200 13:24 Page 1 Occupany I.D. Property Owner Name Property Address 12117 Luis Ochoa 5009 Jackson Street 30102 Michael Palmer 4640 Polk Street 30126 Michael Palmer 4648 Polk Street 12071 Tracy Pomeroy 4323 3rd Street 12185 Joseph Sturdevant 1043 Polk Place 10011 David Wiger 5045 4th Street 30130 Y.A.M. Inc. 4622 Tyler Street Dana Alexon, Assistant Fire Chief 11/20/200 13:24 Page 2 CITY COUNCIL LETTER Meeting of: November 26, 2001 AGENDA SECTION: a ORIGINATING DEPT.: CITY MANAGER NO: t'1 -/A - \ ~ License Department APPROVAL ITEM: License Agenda BY: Shelley Hans~~ DATE:~fJ~ NO: DATE: November 21, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license agenda for the November 26, 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 Tobacco Sales, Games of Skill, Off and On Sale Beer, Wine/Beer, and Liquor. 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 26, 2001 as presented, regarding the new licenses for 2001 and the renewals for 2002. COUNCIL ACTION: TO CITY COUNCIL November 26, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY BUILDING OFFICIAL POLICE POLICE POLICE, FIRE,BLDG POLICE,.FIRE,BLDG POLICE, FIRE, BLDG POLICE,FIRE,BLDG CONTRACTORS LICENSED AT *Aspen Ventilation & Htg *Dave Dempsey Plumbing *Hutton & Rowe *Lakeland Door & Remodel Pete's Water & Sewer 9815 Pioneer Trail, Greenfield 15985 Barth Dr, Big Lake 2126 2nd Ave, Anoka 9900 Foley Blvd #100 800 Lowry Ave, Mpls 2002 BUSINESS LICENSE AGENDA TOBACCO/CIGARETTE SALES Zachary Properties/Star Bar Totem Foods Jeff's Bobby & Steve's Autoworld Columbia Market/Alawi A1 Hamed K Mart Corp 4005 Central Ave NE 4635 Central Ave NE 3701 Central Ave NE 4901 University Ave 4747 Central Ave NE GAMES OF SKILL *Metro Coin Co. (Star Bar) *Theisen Vending Co.(LaCasita) *Theisen Vending Co (Big Lot) *Theisen Vending Co (Apache) *Theisen Vending Co (Dick's PI) 4005 Central Ave 5085 Central Ave 4747 Central Ave 2101 37th Ave 547 40th Ave ON & OFF SALE BEER Dick's Place 547 40th Ave OFF SALE BEER *Jeff's Bobby & Steve's Autowofld 3701 Central Ave Totem Foods 4635 Central Ave LIQUOR-ON SALE & SUNDAY Mr. Steak The Star Bar & Grill *SAH Inc dba LaCasita *Mady's Bowling Center Inc 4545 Central Ave 4005 Central Ave 5085 Central Ave 3919 Central Ave CLUB ON SALE LIQUOR VFW Post 230 4446 Central Ave WINE/BEER ON SALE Sahib's Gateway to India 4022 Central Ave FEES $50.00 $50.OO $50.00 $50.00 $50.00 $200.00 $2OO.00 $2OO.00 $200.00 $2OO.00 $30.00 $45.00 $45.00 $90.00 $45.00 $550.00 $150.00 $150.00 $5700.00 $67OO.OO $6700.00 $6700.00 $500.00 $2400.00 license agenda ): ....... t.. ,, ,,. I , .L OI'q 'i"(:)TAL.. "' J ~--u ....... J::' LIN :O:iii; (::: h 6:, ,::: k. I..t :i...-' .:, -t:. ,::) r'y i) :1: E; B t..I F;: S E: P! 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JF:' ~::'t".YS:;]:[::]:¢--'~l'-!,<i.~ ):)tii:::i;!,'.: i,, .! .I,,t::.l:~t., F:'CI 1: (:::iii: !'h::t!:;:!4[i-~i'l~'.'~h! ¢'¢:i!;~ii:;(:]C:: :1: :ii; H :[i.:¢d:;,"¥'l...!ET'f' CC) Sl'.':'d"l C-.'i:i:;(i-~SC)!',I :iii;!ii:l,:J!ii:f:;..' C:C)I'IF:'¢'iNY .!i; :!: C.)!'..h'::~i... :ii~;Y:E;'T'iii:l"i.'.-'i~; ii;;i...I...,.'C: %'¥'F;:E: ]: [:;I--ilEI:;: ' S C.)UFt ' .'E; :1: I,IC/DI::] ! .t... "~.l.r' ~--~;,.. :(']L.t[i';::i:f,iE::E;S;::."' .......... ~ ;> ~:.;'"~ '¥' 14 ].-) ¢:~ 'T'l,d ;!: I',i E: :[ ",fy '¥' F;: ¢'d,! :iii; F:' [3 F;,' T & I:;:iE I. r--i ;I; '1"Iii;;[) ,..I . -I ~-~ ....::~ U?:ii; F:' :1: I...'TI!i;F;,'/I;J¢::FT'iEF;; F:'F;..'O ',,.,' ~':-':; i'-i .---[:] .--. l... :l; '!" IE ;3tE F;: :!; "" '"" ,,-..L ,I !,d.1: I:;.:'lEI...lii%:;'S; b,I.i.l,;l::. (::(31"'iF:'~'::;I'.-IY/THiE L,J ;l; !',!!ii; r"!Iii;F;:C:t-.tPd',iTE; t.~J C] F;; I... ]:) [:::!.._¢¢ii~;S t:J :i; I---liE bjb,I [i'.'d:;:~-::'~ :!: !-'.t[SIE!:;.'. 95447 :1.05 ,, O0 '"? 54 50 500 ,, (.":, 0 ':P 5457 .1. :, 000 ,, O0 ':? 54~S4 40 ,, O0 S;' 54 (.-':,E:, :!. 0 ,, O0 CITY COUNCIL LETTER Meeting of November 26, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER NO: b A Fire APPROVAL ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY:~/~ Revocation DATE: November 20, 2001 DATE: NO: 2001-74 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Tom Zarembski regarding rental property at 4201 6th Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No. 2001-74, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001-74, 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 Tom Zarembski Regarding Rental Property at 4201 6t~ Street. COUNCIL ACTION: RESOLUTION 2001-74 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY THOMAS ZAREMBSKI (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4201 6TM STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1 )(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 7, 2001 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 26, 2001. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on August 3, 2001, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, inspected the property and noted six violations. Compliance orders listing the violations were mailed by regular mail to the owner at the address listed on the rental housing license application. That on September 26, 2001, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that the four violations remained unchecked by inspectors, who were unable to gain access to the house due to the owner not showing up. Compliance orders listing the violations were mailed by regular mail to the owner at the property at the address listed on the rental housing license application. o That on October 17, 2001, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that the four violations remained unchecked by inspectors, who were unable to gain access to the house due to the owner not showing up. Compliance orders listing the violations were mailed by regular mail to the owner at the property at the address listed on the rental housing license application and copies were sent to the tenants. That on November 7, 2001, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that the four violations remained unchecked by inspectors, who were unable to gain access to the house due to the owner not showing up. Compliance orders listing the violations were mailed by certified mail to the owner at the property at the address listed on the rental housing license application. o That on November 16, 2001, Gary Gorman and John Larkin, inspectors for the City of Columbia Heights, reinspected the property and noted that the four violations remained unchecked by inspectors, who were unable to gain access to the house due to the owner not notify the tenant of the reinspection. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Residential Maintenance Code were found to exist, to- wit: FAILURE TO CORRECT VIOLATION OF THE RESIDENTIAL MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $250.00 That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL That the building located at 4201 6th Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto, That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. o That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F5040 is hereby revoked/suspended (cross out one); The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; o All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this __ day of November, 2001 Offered by: Second by: Roll Call: Attest: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson CITY COUNCIL LETTER Meeting of November 26, 2001 AGENDA SECTION: _ ORIGINATING DEPARTMENT: CITY MANAGER NO: ~.. ¢ Fire APPROVAL ITEM:RevocationCl°seHearing/Ad°ptRes°luti°nF°r BY: Dana Alexon BY: ~,~/~ DATE: November 20, 2001 DATE: NO: 2001-76 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Richard Lee regarding rental property at 4600 Polk Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001-76, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001-76, 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 Richard Lee Regarding Rental Property at 4600 Polk Street. COUNCIL ACTION: RESOLUTION 2001-76 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY RICHARD LEE (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4600 POLK STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 6, 2001 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 26, 2001. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That on July 1, 2001, Dana Alexon, Enforcement Official for the City of Columbia Heights, mailed by regular mail a relicensing application and a notice to schedule an annual inspection to the owner of the property listed on the rental license application. That on August 15, 2001, Dana Alexon, Enforcement Official for the City of Columbia Heights, mailed by regular mail a late notice relicensing application and a second notice to schedule an annual inspection to the owner of the property listed on the rental license application. o That on September 7, 2001, Dana Alexon, Enforcement Official for the City of Columbia Heights, mailed by regular mail a fmal notice for relicensing and scheduling an inspection to the owner of the property listed on the rental housing license application. That on September 24, 2001, Dana Alexon, Enforcement Official for the City of Columbia Heights, mailed by regular mail a notice of expired license and a final notice to schedule an annual inspection to the owner of the property at listed on the rental housing license application. o That on November 6, 2001, Dana Alexon, Enforcement Official for the City of Columbia Heights, mailed by certified mail a statement of cause and notice of the public heating for revocation of the rental license to both owners listed on the rental license application. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SCHEDULE AN ANNUAL INSPECTION B. FAILURE TO SUBMIT ANNUAL RELICENSING APPLICATION o J That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this heating according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIl. That the building located at 4600 Polk Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F4536 is hereby revoked/suspended (cross out one); o The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; ° All tenants shall remove themselves fi.om the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this __day of November, 2001 Offered by: Second by: Roll Call: Attest: Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of November 26, 2001 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER [~,~ Fire APPROVAL NO: ITEM: Close Hearing/Adopt Resolution For BY: Dana Alexon BY: ~~,~/ Revocation DATE: November 20, 2001 DATE: NO: 2001-77 Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Syed Raza regarding rental property at 4616 Tyler Street for failure to meet the requirements of the Residential Maintenance Codes. RECOMMENDED MOTION: Move to waive the reading of Resolution No.2001-77, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2001-77, 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 4616 Tyler Street. COUNCIL ACTION: I RESOLUTION 2001-77 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY SYED RAZA/Y.A.M. INC. (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4616 TYLER STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON OCTOBER 18, 2001 OF A PUBLIC HEARING TO BE HELD ON NOVEMBER 26, 2001. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT That during a period from February 3, 2000 to September 10, 2001 sixteen reinspections regarding various compliance orders were performed at the property address listed above. As of October 18, 2001 none of the reinspection fees had been paid. That on October 18, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia Heights, sent a notice detailing the list of delinquent reinspection fees by regular mail to the owner of the property at the address listed on the Rental Housing License Application. That on November 6, 2001, Dana Alexon, Housing Enforcement Officer for the City of Columbia Heights, sent a statement of cause notice by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO SUBMIT A REINSPECTION FEE OF $1,120.00 o That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL That the building located at 4616 Tyler Street is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; That all relevant parties and parties in interest have been duly served notice of this hearing, and any other heatings relevant to the revocation or suspension of the license held by License Holder. o That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL The rental license belonging to the License Holder described herein and identified by license number F5037 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. Passed this __ day of November, 2001 Offered by: Second by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of November 26~ 2001 AGENDA ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL ITEM: Close Hearing BY: Dana Alexon Rental License Revocation DATE: November 21, 2001 DATE: NO: The matter of the revocation of the license to operate a rental mt(s) within the City of Columbia Heights against Mario Valtierrez regarding rental property at 3849 Edgemoor Place for failure to meet the requirements of the Residential Maintenance Codes was previously scheduled to commence at the City Council meeting of November 26, 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 Mario Valtierrez Regarding Rental Property at 3849 Edgemoor Place in that the Property complies with the Residential Maintenance Code. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: November 26, 2001 NO: ' ~ CITY MANAGER ' S APPROVAL In 1989, the City of Columbia Heights and Anoka County entered '~to a joint powers agreement for the County to provide for the assessment of property in Columbia Heights. In 1996, the City entered into a new six-year assessment contract with the County beginning January 16, 1996. That agreement will expire January 15, 2002. Attached is a copy of the new six-year assessment contract, which will provide assessment services, beginning with the 2003 assessment through the 2008 assessment. cost information was presented at the budget work session of October 29, 2001, for assessment services for 1997-2003 (see attached). Janene Hebert, Anoka County Assessor, will be in attendance at the council meeting to respond to questions. RECOMMENDED MOTION: Move to approve the joint powers agreement with Anoka County for assessment services, effective January 16, 2002 - January 15, 2008, and to authorize the Mayor and City Manager to execute the agreement. COUNCIL ACTION: Anoka County Contract No. JOINT POWERS AGREEMENT BETWEEN THE CITY OF COLLqVIBIA HEIGHTS AND THE COUNTY OF ANOKA FOR ASSESSMENT OF PROPERTY THIS AGREEMENT is made and entered into this day of , 2001, by and between the City of Columbia Heights, 590 - 40th Avenue Northeast, Columbia Heights, Minnesota 55421, hereinafter referred to as the "Municipality," and the County of Anoka, a political subdivision of the State of Minnesota, 2100 Third Avenue, Anoka, Minnesota 55303, hereinafter referred to as the "County." WITNESSETH: WHEREAS, pursuant to Minn. Stat. § 273.072, any county and city, lying wholly or partially within the county and constituting a separate assessment district, may, by agreement entered into under Minn. Stat. § 471.59, provide for the assessment of property in the city by the county assessor; and WHEREAS, pursuant to Minn. Stat. §273.03, Subd. 2, the agreement may provide for the abolition of the office of the city assessor when the assessment of the property within the city is to be made under an agreement by the county assessor; and WHEREAS, it is the wish of the County to cooperate with the Municipality to provide for a fair and equitable assessment of the property within the Municipality; and WHEREAS, said work will be carried out in accordance with the provisions of Minn. Stat. § 471.59. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed as follows: I. That said Municipality constitutes a separate assessment district which lies wholly within the county and that all property in the geographical boundaries of this district shall be assessed by the County Assessor of the County beginning with the assessment year 2003, provided this Agreement is approved by the Commissioner of Revenue. II. Pursuant to Minn. Stat. § 273.072, Subd. 2, the office of the city assessor in the Municipality shall cease to exist on January 16, 2002, but not before the end of the term of the current city assessor, if serving for a fixed term, or when an earlier vacancy occurs; provided, however, that upon the termination of this Agreement, the office of city assessor shall be automatically reestablished and shall be filled as provided by applicable law or charter in accordance with Minn. Stat. § 273.072. llI. The term of this Agreement shall be from January 16, 2002, through assessment services performed for the 2008 assessment for taxes payable in 2009, unless earlier terminated as provided herein. IV. In consideration of said assessment services, the Municipality shall pay to the County an annual payment as follows: 2003 Assessment services payable 2004 Assessment services payable 2005 Assessment services payable 2006 Assessment services payable 2007 Assessment servmes payable 2008 Assessment semces payable on or before January on or before January on or before January on or before January on or before January on or before January 15,2003 15,2004 15,2005 15,2006 15,2007 15,2008 V. For year 2003 assessment services, the Municipality shall pay the County as follows: A. Ten Dollars and 50/100s ($10.50) for each improved parcel of residential, seasonal recreational residential and agricultural type property B. Sixty Dollars and 00/100s ($60.00) for each improved and unimproved parcel of commercial, industrial and public utility type of property C. Sixty Dollars and 00/100s ($60.00) for each improved and unimproved parcel of apartment and mobile home park type property D. Three Dollars and 50/100s ($3.50) for each unimproved residential, seasonal recreational residential and agricultural type property l The same procedure shall be used, as described above, in the computation of the assessment payments due in 2004, 2005, 2006, 2007 and 2008; provided, however, that the cost for each type of parcel shall be increased according to the County Assessor's increase in operating costs, cost of living and merit adjustments established by the Anoka County Board of Commissioners for January 1 to December 31 in the year prior to the date of the assessment. VI. Notwithstanding Section III. above, the County and/or Municipality shall have the fight to terminate this Agreement by providing, at a minimum, two years written notice by certified mail, which notice shall be sent prior to January 2 of any year to terminate assessment services to be performed two years from such date (i.e. to terminate this Agreement for assessment services in the year 2006, the party must provide written notice of termination by not later than January 2, 2004). -3- IN WITNESS WHEREOF, the parties have hereunder set their hands on the dates written below. COUNTY OF ANOKA CITY OF COLUMBIA HEIGHTS By: Dan Erhart, Chairman County Board of Commissioners Dated: By: Title: Dated: ATTEST By: John "Jay" McLinden County Administrator Dated: By: Title: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: By: Title: Dated: dkXcontractX.200 l\columbia heights-assess jpa (9/21/01) -4- I I CITY COUNCIL LETTER Meeting of: November 26, 2001 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ""1 -C.,°~ License Department APPROVAL// ITEM: Renewal of Wine/Beer License-Tycoon's BY: Shelley Hanson~{"~, DATE: ~J~~'/'/! NO: DATE: November 21, 2001 BY: BACKGROUND/ANALYSIS Attached is the business license renewal of the 2002 Wine/Beer License for Ok Cha KWon dba Tycoon's Tavern at 4952 Central Avenue NE. Also attached for review are the minutes from the Meeting of April 23, 2001, whereby the City Council approved the Wine/Beer License for 2001. It is the recommendation of the Police Department to deny this License Renewal for 2002 based on their investigation. 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 deny the 2002 application for a wine and beer license for Ok Cha Kwon dba Tycoon's Tavern & Grill at 4952 Central Avenue based on the recommendation of the Police Department. COUNCIL ACTION: TO CITY COUNCIL November 26, 2001 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA APPROVED BY FIRE,BLDG WINE/BEER ON SALE *Ok Cha Kwon dba Tycoon's Tavern & Grill 4952 Central Ave $2400.00 ****RECOMMENDED DENIAL BY POLICE DEPT**** license agenda I City Council Minutes April 23, 2001 Page 8 of 13 Urban Development reporting requirements. Elrite stated that leased telephone lines were considered, but greater efficiency and ultimate cost savings would be realized through wireless network connections. Elrite stated that network connections would allow use of our e-mail system, and access to all programs at City Hall, such as financial information and Internet connection. Williams agreed with the staff recommendation. Nawrocki stated that there was merit to the proposal, but felt this was not of prime importance and should be cut to reduce spending. Elrite stated the majority of the cost would come from the high-rise budget, and the remainder from liquor operations and computer updates. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item #15 - Replacement of Grounds Master Mower MOTION by Szurek, second by Williams, to authorize the purchase of one (1) new Toro Grounds Master 580-D Lawnmower, from the Minnesota State Purchasing Contract price of $69,606 less the trade-in of ($16,500) for a total purchase price of $53,106 plus sales tax, from MTI Distributing, Plymouth MN, with funding allocated from Parks Capital Equipment. Kevin Hansen, Public Works Director, described the benefits of this l 6 foot mower, stating the current mower is five years old and beginning to have engine and hydraulic problems. He stated replacing the engine would cost $10,000. This piece of equipment was budgeted for replacement in 2001. Nawrocki stated he inspected the mower and spoke with Steve Synowczynski, Shop Foreman. He felt this mower has a low amount of hours of use and that this expenditure could be delayed. Szurek also visited the Public Works shop and spoke to the mechanics. She explained the large volume of grass cut in a short amount of time with this mower, and the safety factor that debris exits from the back of the machine versus the sides. Staff indicated the new mower would have a larger motor, better suited to this equipment. Szurek was comfortable that this mower needs to be replaced to continue the maintenance of our parks. Williams stated that five years is the average life of equipment. He felt it is a major financial loss if equipment breaks down and employees are idle waiting for repairs. Wyckoff stated that if the purchase is delayed the price of a new unit will increase and the trade-in value will decrease. Nawrocki stated he initially intended to vote against replacement of the mower and the truck, but after talking to Synowczynski decided to vote in favor of replacing the truck. Upon vote: Williams, aye, Szurek, aye; Wyckoff, aye, Nawrocki, nay; Peterson, aye. Four votes to one, Motion Carried. Item # 19 Approve Business License Application Jim Hoeft, City Attorney, referred to Police Chief Johnson's memo outlining the situation. Hoeft indicated Chief Johnson spoke to Immigration Services and that he spoke to the Kwon's attorney regarding Mr. Kwon 's status in the United States. Hoeft stated that more and more licensing issues containing unique situations are being presented to the Council. In this case, the spouse of the applicant is wanted for deportation issues. Hoeft had indicated to Mr. Kwon that he should pursue remedies to this situation with the INS. Hoeft stated this could be a two year process. Hoeft indicated that denial of this license could end the purchase of this property. City Council Minutes April 23, 2001 Page 9 of 13 Hoeft indicated that responses to Chief Johnson from the INS were non-committal, with no straight answer as to how we could facilitate this process. Hoeft stated an option other than denying the application would be to grant the Hcense for this year, with the understanding that upon the annual renewal process efforts to resolve the issue with INS would be scrutinized. This would allow the sale of the property to be finalized. Hoeft reminded Council that there is no problem with the applicant, Mrs. Kwon. Szurek asked for clarification, as Chief Johnson's memo recommended denial of the application and Hoefi is now suggesting it would be an option to approve the strong beer and wine license. Hoeft stated that Chief Johnson wanted Council to know his concerns, but is not against helping a new business get started. Peterson asked that the representative of the Kwon's come forward. Woodrow Woojin Byum, Attorney for the Kwon 's, introduced himself, listed his background and gave a handout to Council. Byum questioned why the City was more concerned with the spouse than the applicant. He stated that the applicant is a permanent resident of this country, has a green card, has been fingerprinted, and has applied for permanent naturalization, which should take approximately three months. Bjntm questioned if it was City policy to check the citizenship of all applicants, and if the status of 'famous" people would be checked. Byum stated that Mr. Kwon is considered "out of status ", meaning people who stay in this country longer than they should. He referred to page six of the handout which described the "Life Act" signed by President Clinton before leaving office, which allowed the 11,000, 000 persons who overstayed in this country to apply for a green card prior to April 30, 2001 without penalty. Byum listed some categories where persons are not allowed to stay because of crimes committed. He stated that Mr. Kwon does not fall into the category of immediate deportation of unreliable residents. Byum stated that Mr. Kwon has now applied for a green card, which should allow him to stay in this country until he receives a green card. He stated the couple is married and have five children, one that is theirs together. Byum stated that if Mr. Kwon were deported, the family would stay and the business would go on. Byum asked that the City be dedicated to its non-discrimination policy and approve the Hcense to give this hardworking Korean couple a chance. He stated that this would also help the seller to move on. Nawrocki questioned if Mrs. Kwon 's holding a green card qualified her as a permanent resident, and the length of time a green card is valid. Byum stated that she is a permanent resident and the process for citizenship has begun. A green card is valid for 14 years the first time, and can be renewed every 10 years thereafter. Byum referred to page eleven which is the petition for a relative ora permanent resident which will eventually allow him to become a permanent resident, or a green card hold. Nawrocki asked if Mr. Kwon could work without a green card? Byum indicated he is not supposed to, but many of the 11,000,000 illegal or "out of status" immigrants are working. Nawrocki stated that one party is in violation of the law, which should not be dismissed lightly, and felt the suggestion of a license for one year was not a sensible alternative. He felt that all immigration issues should be cleared up before consideration of granting this license. Wyckoff questioned their marital background and stated that any reference to racism displeased her. Nawrocki stated that all applicants are asked the same questions and indicated that a marriage relationship carries rights for ownership of property. Byum stated that Mrs. Kwon shouM not be penalized for Mr. Kwon's status. Peterson reminded everyone that the issue before Council was a strong beer and wine license. He stated there was no criminal history of the person making application. Peterson stated that the City treats everyone the same. City Council Minutes April 23, 2001 Page 10 of ! 3 MOTION by Nawrocki, to approve the license applications as listed, with the exception of the on sale liquor license for 4952 Central Avenue. Motion seconded by Wyckoff. Upon vote; all ayes. Motion Carried. MOTION by Nawrocki that the on sale strong beer and wine license request for 4952 Central Avenue be denied on the recommendation of the Police Department. Motion died for lack of a second. MOTION by Nawrocki, that the on sale strong beer and wine license request for 4952 Central Avenue be tabled for additional information. Seconded by Williams. Hoefi advised that if the motion were tabled, no additional discussion could be held. Upon roll call vote: Williams, nay; Szurek, nay; Wyckoff, nay; Nawrocki, aye; Peterson, nay. Four nays, one aye; Motion failed. MOTION by Wyckoff to approve the application for an on sale wine and beer license for Ok Cha Kwon at 4952 Central Avenue NE. Fehst stated that at the time of annual renewal the immigration status of the spouse would be revisited. Williams asked for Police Captain Roddy's statement. Roddy indicated that Chief Johnson and City Attorney Hoeft mainly handled this issue. Hoefl indicated that in Chief Johnson's last contact with the INS, he suggested they pick up Mr. Kwon, but they did not. Byum stated the INS is hesitant to move on people that are here and not violating any laws. Nawrocki stated that Mr. Kwon is violating a law being here illegally. Peterson invited members of the audience to speak. Grace Vitalinti stated that she works with the Korean Family Advocacy as a victim's advocate. She stated that Mrs. Kwon has been here since 1986, where she met, married and had a child with Mr. Kwon. They presently have a cleaning business. She would not be able to continue the cleaning business herself if her husband were deported, so she put a down payment on this business. Mrs. Kwon would continue to run this business without her husband, if necessary. Vitalinti stated that Mrs. Kwon should receive citizenship in about three months and that within one year this situation will be settled. Vitalinti asked Council to give her a chance for a year. Szurek indicated that thepresent license for this business is only for beer, and this is an upgrade request for strong beer and wine. Byum stated the upgrade request is so authentic Korean beverages may be served. Edward Vitalinti stated that he has known Mrs. Kwon since 1986 and felt the husband's case with the INS was irrelevant. He stated that she has proved her responsibility by maintaining a business. He stated they are from South Korea and that they would add to our economy, and asked Council to grant this request. Danny Peterson stated he has been married to his Korean wife for 34years, and has known Mrs. Kwon for quite some time. He stated he understood the reason for background checks, but neither of the parties have a criminal record. Dee Logan, 1221 39th Ave NE, encouraged license approval for this new business owner on Central Avenue, versus another boarded up building. City Council Minutes April 23, 2001 Page 11 of 13 Ron Karon, the current owner, stated that the continuing problems obtaining this license were creating a hardship for him. The initial purchase agreement was signed in December of 2000. He requested the matter be settled immediately. Williams stated he was uncomfortable going against the Police Chief's recommendation. Hoefi stated the Chief's memo was presented so Council wouM be aware of the situation and discuss the issues. He did not want this presented and approved with the general license applications. Peterson reminded Council that if the license was violated, it could be withdrawn. Peterson read from the earlier proclamation allowing for the "'pursuit of happiness ". Mark Wagner, 5050 6th Street, questioned if problems happen, what recourse is there besides license revocation. He felt there should be the same rules for everyone. Hoeft indicated the added scrutiny with a liquor license request. He stated that the City does review citizenship on all applicants. Fehst stated that the process is set and uniform for all associations and businesses that apply, maintaining consistency. Peterson stated that even if the INS made Mr. Kwon leave the country, that would not be cause for removal of the license. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, nay; Peterson, aye. Four aye, one nay; Motion carried. PUBLIC HEARINGS A) Close the Public Heating for Revocation/Suspension of Rental Housing License at 4032 Van Buren Street NE Mayor Peterson closed the public hearing in that the property is now in compliance with the Residential Maintenance Code. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business ADMINISTRATIVE REPORTS A) Report of the City Manager Fehst stated that Washburn/McReavy would be holding a Grand Opening on Ma3' 5 and 6, 2001 at their new facility on Central Avenue. There will be a public ceremony on May 5. B) Report of the City Attorney -nothing to report. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the Planning and Zoning Commission held on April 3, 2001 2) Meeting of the Economic Development Authority held March 20, 2001 Peterson reminded everyone of the meeting on April 30, 2001 at 7:00p. m. in the City Council Chambers to discuss the proposed Zoning and Development Ordinance. He encouraged residents with concerns to attend his meeting. Wyckoff referred to the Recyclopedia sent to residents by Anoka County. Wyckoff reminded residents that if they place an appliance at the curb for removal, they must call the hauler with this information. Wyckoff pointed out CHARTER COMMISSION MINUTES THURSDAY, OCTOBER 18, 2001 7 P.M. GAUVITTE ROOM JOHN P. MURZYN HALL CALL TO ORDER The meeting was called to order at 7:20 P.M. by President Tami Ericson. ROLL CALL Members present: Bill Antzaras, John Banyard (7:25 p.m.), Tami Ericson, Michael Hartel, Ted Landwehr, Janis Larson, Clara Schmidt, Joe Sturdevant, Theresia Synowczynski Members absent and excused: Bob Buboltz, Charles Christopherson, Mel Collova, Jim Fowler, Tom Ramsdell Also present: Jim Hoeft, City Attorney; Carole Blowers, Recording Secretary Council Liaison Bobby Williams was not present. APPROVAL OF MINUTES Motion by Mike Hartel, seconded by Joe Sturdevant, to approve the minutes of July 19, 2001 as presented. Motion passed unanimously. ' CORRESPONDENCE Since our last Charter Commission meeting, the President stated the following correspondence has been received or sent: A letter was received from Commissioner Brian Peterson resigning from the commission because he has moved from Columbia Heights. p ., A ~e.r dated A. ugust 21, 2001, was sent to all Charter Commission members from resment t:nc~cson upaanng members on the proposed charter amendments that were forwarded to the City Council and were having their second reading on August 27, 2001. A letter dated August 24, 2001, from Councilmember Nawrocki was sent to all Charter Commission members regarding our proposed amendments and discussion on Chapter 3, Section 19, Procedure on Ordinances. NEW BUSINESS Status of Membership of the Commission With the resignation of Brian Peterson, the commission now has fourteen members. Charles Christopherson's first four year term will expire in December of 2001, and he has expressed to the Recording Secretary that he wishes to be reappointed for another four years. It was suggested that the vacancy created by Brian Peterson's resignation be advertised in the quarterly city newsletter and local channel TV station. Discussion was held on who is the current Chief Judge, and what feedback he/she wants from the Charter Commission on possible new members. The Recording Secretary will verify who the Chief Judge is at this time. Discussion on Holiday Dinner Meetino Places and dates for °ur holiday dinne~ meetin,g for members and a guest were discussed. It was decided to have the dinner meeting at Nicldow s Caf6 in Spring Lake Park. Dates decided u on were either Friday, January 11th or Satur~day, January 12th, 2002. Commissioner Antzaras volunt~Pered to check on meal choices for around $15 per person, and for a total group of 30-35 people. He will advise the Recording Secretary, and information will be sent to all members regarding the dinner. Election of Officers After a brief discussion, motion was made by Joe Sturdevant, seconded by Clara Schmidt, to nominate Tami Ericson as President. As there were no other nominations for President, the question was called. Motion passed unanimously to have Tami Erickson as President. After a brief discussion, motion was made by Bill Antzaras, seconded by Ted Landwehr, to nominate Joe Sturdevant as Vice President. As there were no other nominations for Vice President, the question was called. Motion passed unanimously to have Joe Sturdevant as Vice President. After a brief discussion, motion was made by Theresia Synowczynski, seconded by Joe Sturdevant, to nominate Clara Schmidt as Secretary. As there were no other nominations for Secretary, the question was called. Motion passed unanimously to have Clara Schmidt as Secretary. Discussion on Chapter 3, Section 19, Procedure on Ordinances At the last charter commission meeting, it was the consensus have the City Attorney draft language to look at and discuss, changing the language in this section of the charter from unanimous consent to a 4/5 consent. As the City Attorney was excused from the meeting at 7:15 p.m. due to lack of a quorum, this item will have to be tabled. Update on Charter vs. Statutory Cities Chart Mr. Hoeft stated that his clerk is in the process of updating the charter vs. statutory chart that was previously supplied to commission members. The Recording Secretary passed out copies of the current chart to about four members who wanted them. OLD BUSINESS Status of Proposed Changes to Chapter 6, Section 56, Purchases and Contracts Co~mnissioner Synowczynski stated that in light of the fact that the ~ouncil did not unanimously pass the previously proposed changes to Chapter 6, Section 56, Purchases and Contracts on August 27, 2001, she had some ideas on rewording some of this section, particularly about what constttutes an "emergency". She referred to the situation of police vehicles being damaged in the mid-July shooting incident in the city and needing immediate repair and approval of expenses. She also stated that it was her understanding if an expenditure was charged by an employee that was over $3,000 and it was not previously approved by the City Council, that expenditure could be charged against that employee. It was suggested that the Finance Director could be contacted for clarification on both of these items. Commissioner Landwehr suggested that this item on Purchases and Contracts be put on a ballot for the people to decide. President Ericson reiterated that there were three options at this time regarding Chapter 6, Section 56: · Recommend different language for this section of the charter PUt this item to the vote Do nothing. Motion was made by Clara Schmidt, seconded by Mike Hartel, to table this issue until the next regular meeting. Motion passed unanimously. At that meeting, Theresia and Ted will present their ideas and reasons for their ideas on this topic. President Ericson will contact Jim Hoeft. The next regular meeting date is January 17, 2002. President Ericson reiterated that all Charter Commission meetin s are open to the public, the public doesn't need permission to speak to the Charter Commission, an~g~he public is invitecl to our meetings. Status on Proposed Changes to Chapter 12, Section 112, Damage Suits The proposed changes on this section were unanimously approved on August 27, 2001 and will become effective in 90 days. ' Status on Proposed Changes to Chapter 12, Section 114, City to Succeed to Rights and Obligations of Village - The proposed changes on this section were unanimously approved on August 27, 2001, and will become effective in 90 days. Page 2 of 3 Pages October 18, 2001 Status on Proposed Changes to Chapter 12, Section 115, Village Officers to Hold Office Till Whe~, The proposed changes on this section were unanimously approved on August 27, 2001, and will become effective in 90 days. Status on Proposed Changes to Chapter I2, Section 117, Existing Ordinances Continued The proposed changes on this section were unanimously approved on August 27, 2001, and will become effective in 90 days. The Recording Secretary stated that since these changes become effective the end of November, she will be preparing new pages for the charter for those sections affected by these amendments. NEXT MEETING DATE The next regularly scheduled meeting will be Thursday, January 17, 2002, at 7 p.m. at Murzyn Hall. ADJOURNMENT Motion by Ted Landwehr, seconded by Bill Antzaras to adjourn the meeting at 7:52 p.m. Respectfully submitted, Carole J. Blowers Recording Secretary Page 3 of 3 Pages October 18, 2001 BEEN OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS HUMAN SERVICES COMMISSION WEDNESDAY, NOVEMBER 14, 2001 Call to order/Roll call The meeting was called to order at 6:35 p.m. by Chairperson Sturdevant. Present were Commission members Sturdevant, Karol, and Leishman. Also present were Councilmember Wyckoff and Assistant to the City Manager Magee. Magee indicated that she received notification that Peterson (due to conflict with his work schedule) and Wesley would be unable to attend. Magee distributed written comments Peterson had provided on the different items to be covered at tonight's meeting. Appoint Recording Secretary for Meeting Magee volunteered to take minutes of the meeting. o Approval of Minutes from September 12, 2001 Commission Meeting Motion by Peterson (by "proxy"), second by Karol, to approve the minutes from September 12, 2001 Commission Meeting. Upon Roll Call: All ayes. Motion carried. Old Business a. Second Annual Taste of Heights- Discussion ensued on various issues surrounding the Second Annual Taste of Heights scheduled for Sunday, March 24, 2001 from 4:00 p.m. to 8:00 p.m. at Murzyn Hall. Have a drawing of Murzyn Hall (layout) identifying location of activities (restaurants, demonstrations/performances, and displays). · Sell tickets in advance at participating restaurants and at City Hall, as well as at the door. Cost: $1.00 per ticket, regardless of whether purchased in advance or at the door. · Before placing an ad in the paper, send a personal invitation to those restaurants that participated last year to see if they are interested in participating again. Place ad inpaper, soliciting proposals from interested restaurants, and requesting participants for displays and performances (entertainment). · Wyckoff will talk to Judy Yantos to take care of displays and entertainment. Wyckoff already talked with the Recreation Director. He prefers we don't use carpeted rooms for food - would be fine for displays. · Wyckoffwill ask Values 1st for a $100 donation for the event. · Sturdevant will talk to the Lions Club about providing and serving beverages. again. b. Other Old Business - none New Business a. January - Commission Dinner January 9, 2002 was set as the Commission Holiday Dinner. Members present decided on the Shorewood Restaurant. Social gathering at 6:00 p.m., with the meeting to start at 6:30 p.m. Dinner will immediately follow the meeting. Magee will send out notices to the Commission members, with an RSVP deadline of December 28, 2001. Promoting Value First The Commission discussed the seven Core Values: Integrity, Respect, Responsibility, Citizenship, Self-Control, Non-Violence and Caring, and emphasized the importance of incorporating these into City Government. c. Coordination of Activities with District Discussed previously under Taste of Heights. d. Other New Business - none Adjournment Motion by Karol, Second by Leishman to adjourn the meeting at 7:23 p.m. All ayes. Motion carried. Respectfully submitted Linda Magee 1 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES November 6, 2001 The meeting was called to order by Chair Barbara Miller at 7:05 p.m. Those present were Patricia Sowada, Catherine Vesley, Barbara Miller, Julienne Wyckoff and Becky Loader. It was moved, seconded, and passed to approve the minutes of the October 2, meeting as mailed. It was moved, seconded, and passed to approve the City Council/Library Board budget minutes as mailed. The bill list of November 13, 2001, was reviewed. It was moved, seconded, and passed that they be paid. The accounting was reviewed. CHASE program budget was reviewed. Old Business: 1. Barnes and Noble Fundraiser is November 13, 2001, from 5:00 to 8:00 p.m. Becky and Marsha made a presentation to the City Council concerning the fundraiser. City Council members will be greeters from 5:00 to about 6:30 prior to their Council Meeting on the 13th. Everything is in place, wrappers are arranged for, name tags will be provided and gift suggestion lists are available. A budget follow up report was presented. The Library fund balance information that was reported by Bill Elrite in the green sheet was reviewed. Two new pages have been hired, and a third one is pending until the background check is finished. They will begin training on November 15. The Mayor's Holiday Kick-Offparty will be on November 24th at Murzyn Hall. The cost is $19.00 per person and net proceeds will go to the library. Tickets are available at Jeff's Bobby and Steve's Autoworld. The Articles of Incorporation and by-laws for the proposed Library Foundation were reviewed and discussed. These documents will be forwarded to the City Attorney for his approval. The fee to file these with the State is $70.00. The fee to file with the IRS for tax-exempt status is $500.00. New Business: 1. The proposed Holiday closed schedule for 2002 was reviewed. The Anoka County Library Holiday Schedule was also reviewed. It was moved, seconded, and passed to approve the Columbia Heights Public Library Holiday Closed Schedule for 2002. A request for a transfer of $120.00 from 2171 (General supplies) to 2000 (Office supplies) was reviewed. It was moved, seconded, and passed to approve the transfer of $120.00 from line item 2171 to line item 2000. 3. Crossover statistics were reviewed. 4. The document entitled "An Introduction to Public Library Foundations" was reviewed and discussed. The January Library Board Meeting must be rescheduled, since the first Tuesday is January 1. It was decided to move the meeting to Tuesday, January 8, at 7:00 p.m. A public hearing concerning our Intemet policy must be held. It was decided to have the public hearing on Tuesday, January 8, at 7:00 p.m. and then the regular board meeting will immediately follow the public hearing. The memo from the City Manager concerning a freeze on all non-essential expenditures for the remainder of 2001 was reviewed. Julienne encouraged the Board members to attend the work session on November 19. The Board was asked to prioritize the items that had been targeted for withdrawal from the budget for possible consideration to be returned to the budget. It was moved, seconded, and passed to approve the prioritization of items as presented. Thank you note from Mrs. Elsie Latewiec for the Winnie the Pooh Party we had at the library was reviewed. 10. Article from the Focus about former Board Member Donna Ingvarsson was reviewed. 11. Dave Holmgren has turned in his application for the Library Board. The application will be reviewed and interviews held by the City Council. There being no further business the meeting was adjourned at 8:15 p.m. Respectfully submitted, Jeanine 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. 2 HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF SEPTEMBER 18, 2001 wC__AL__L.T.O.ORI~, E ,R- ~The.Re.g. ul ,ar.Mee~tin§ .of the Columbia Heights Housing & Redevelopment Authority (I-IRA) a~ ca, lea m oraer oy cnaxr, ~vmriame ~zure~ at 6:01 p.m., September 18, 2001, in the Parkview Villa Commtmi Room B, 965 40~' Avenue NE, Columbia Heights, Minnesota. ty ROLL_CALL Commission Members Present: Commission Members Absent: StaffPresent: 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, Secretaxy Nawrocki felt the HRA meeting should have been held after the EDA meeting and that all commissioners should have been notifted of the 6:00p. m. start time. CONSENT AGENDA Approval of Minutes of Meetinff of August 21, 2001. MOTION by Nawrocki, second by Williams, to adopt the minutes of August 21,2001 regular meeting as presented in writing. All ayes. Motion Carried. ' PUBLIC I:[F~ARING HUD Affeney Plan and Approval of Resolution 2001-03 Schumacher reported that the Quality Housing and Work Responsibility Act of 1998 requires all Housing Authorities to prepare a one year Agency Plan. Staff has completed the draft copy for public review, the required forty-five day review period for public input has been satisfied, the Parkview Villa Resident Advisory Board, and Anoka County has reviewed the plan. The entire document will be electronically transmitted through the HUD REA C system. Staff recommended the Board open the Public Hearing for comments, adopt Resolution 2001-03 a resolution of the Columbia Heights HRA confirming approval of the Public Housing Agency Certiftcations of Compliance, with the PHA Plans and related regulations. Nawrocki questioned why the PHA Plan was brought before the HRA and not the EDA. Schumacher clarified that HUD recognizes the HRA, not the EDA with anything related to Public Housing Nawrocki requested staff provide him a copy of last years HRA meeting minutes were the PHA Plan was addressed.. Chair Marlaine Szurek opened the Public Hearing at 6:10 p.m. Resident Renie Sufka, Unit 104, asked why the cupboard replacement is scheduled for two units per year and if there isn't enough funds available why couldn't the antenna fund that was designated for Parlcview Villa be used. Szurek explained that the EDA would like to replace more than two units per year, but with the budget cuts for next year this isn't feasible. RUettimann stated the funds from the antenna have never been designated to Parkview Villa.. MOTION by Williams, second by Peterson, to close the Public Hearing for the review of the draft Housing and Redevelopment Authority Annual PHA Plan at 6:20 p.m. All ayes. Motion Carried. MOTION by Williams, second by Peterson, to waive the reading of Resolution 2001-03, there being ample copies available to the public. All ayes. Motion Carried. Housing and Redevelopment Authority Meeting Minutes September 18, 2001 Page 2 of 2 MOTION by Williams, second by Peterson, to adopt Resolution 2001-03 of the Columbia Heights Housing and Redevelopment Authority (HRA) confu-rn/ng approval of the Public Housing Agency certifications of compliance with the PHA plans and related regulations. Upon Vote: Wyckoff- Aye, Williams- Aye, Peterson- Aye, Nawrocki-Nay. Motion Carried. Transfer of Home Mort~aee Loanq Schumacher stated that in 1979, there were two Home Mortgage Loans made by the HP~. The Chartraw/Uecker loan was closed on June 1, 1979for 30years, monthly payments of $381.34 and has a balance remaining of $19,725.57. The Neilsen loan was also for 30years, monthly payments of $318. 70 and has a remaining balance of $18,064.33. Interest on both loans is 5%. In May, the EDA Board directed staff to sell the two loans to a mortgage company. Staff received an offer from Community Reinvestment Fund (CRF) for $32,824.31for both loans. The EDA Board approved the sale at their July meeting, which was later determined the loan was taken out originally by the HRS. The sale of the two loans needs to be approved by the HtL4 with proceeds to be placed into the Business Revolving Loan Fund. MOTION by Peterson, second by Williams, to approve the sale of the Chartraw/Uecker and Nielsen Home Mortgage Loans to Community Reinvestment Fund for approximately $32,824.31 with the proceeds from the sale placed in the Business Revolving Loan Fund; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Warrick Sheffield Loan Payoff '. Schumacher stated on May 24, 1995, the Htr4 issued a Sheffield Home Improvement Loan to John S. and Mary C. Warrick, 4636 Fillmore Street NE, for roofing and siding their home. This is the last Sheffield Loan staff receives monthly payments on. Staff offered the Warrick's a 5% discount for early payoff of the remaining balance of $1,992.71. On Wednesday, September 12'h, Mr. Warrick met with staff to discuss their options. As a result of the meeting Warrick is prepared to make a final payment in the amount of $1,811.89, provided this action is approved by the HR21. MOTION by Peterson, seconded by Williams, to approve $1,811.89 as the payoff amount for the Sheffield Home Improvement Loan Promissory Note, dated May 25, 1995, from John S. and Mary C. Warrick, to be deposited into the Business Revolving Loan Fund; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. Motion Carried. Chair, Marlaine Szurek, closed the meeting at 6:26 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:~-IRA2001~9-18-2001 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF OCTOBER 16, 2001 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by Vice President, Patricia Jindra, at 6:34 p.m., Tuesday, October 16, 2001, in the Parkview Villa Community Room B, 965 40a Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Patricia Jindra, Marlaine Szurek, Gary Peterson, Julienne Wyckoff, Bruce Nawrocki, and Bobby Williams Commission Members Absent: Robert Ruettimann Staff Present: Walt Fehst, Executive Director Anita Kottsick, Parkview Villa Housing Administrator Mark Nagel, Housing Assistant Cheryl Bakken, Secretary CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of September, 2001 Move to adopt the minutes of the September, 2001 regular meeting as presented in writing. Nawrocki asked for an amendment to the minutes on page 3, Other Business, Acquisition of 3718 Central Avenue NE, as the last sentence should read as follows: Jindra stated this was similar to the Logacz property on kan Buren Street. Nawrock:' indicated that it wasn'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. 2) Financial Report and Payment of Bills a. Financial Statement -September, 2001 b. Payment of Bills -September, 2001 Move to approve Resolution 2001-15, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for September, 2001 and approving payment of bills for September, 2001. MOTION by Szurek, second by Williams, to adopt the consent agenda items as listed with the amendment to the minutes as listed above. All ayes. MOTION CARRIED. .,REPORT OF TH'E MANAGEMENT COMPANY Kottsick reported that the boiler repairs are near completion. The number one elevator was down on 10-8-2001. A resident was stuck in the elevator for approximately 5 minutes while it was reset. The elevator technician was out approximately two hours later and repaired a loose part on the back door leading to the shop. Administrative Report- The IS Department installed the software update on October 1 l'h for the Economic Development Authority Meeting Minutes October 16, 2001 Page 2 of 6 50058form transmittals. After she transmitted a partial, HUD called to inform her that they were experiencing some trouble with the new system and suggested the forms be sent in small batches. A survey was sent to residents checking for interest in starting a floor monitoring system, which received a good response. Kottsick will work with three (3) resident volunteers to develop the procedure and provide it to the Resident Council next month for discussion. Kottsick indicated she 71 be on vacation, October 22"a, 26th and November 5 thru the 9'h. ITEMS FOR CONSIDERATION OTHER RESOLUTIONS Resolution 2001-16, a Resolution Rescinding the Redevelopment Project Housing TIF District No. 2 and it's Related Tax Increment Financing Plan. Nagel indicated staff met with Shelly Eldridge, Ehler and Associates to discuss the progress of Housing Redevelopment TIF District #2, involving the construction ora 70 unit, affordable senior housing project located at the intersection of 51~' Avenue and Jackson Street near St. Timothy's Lutheran Church. Staff learned that even though all approvals for setting up the District were obtained in October of 1997, the District was never certified with Anoka County as the project was put on hold. Staff has worked with Ms. Eldridge and Dan Greensweig, Kennedy and Graven to decerti, fy the District as there was no activity in the district prior to the October, 2001 deadline. Resolution 2001-16 rescinds the TIF district and the plan, which will be sufficient to clarify the EDA and City's internal records and enable authorizing another district. After EDA Board approval, a resolution will go before the City Council for approval. Nawrocla' asked who initiated the development of the District. Fehst stated it was the EDA and Mary Tjosvold. Mary Z owns various senior and handicap buildings. MOTION by Peterson, Second by Williams, to waive the reading of Resolution 2001-16, there being an ample amount of copies available to the public. All Ayes. MOTION CARRIED. MOTION by Peterson, second by Williams, to approve Resolution 2001-16, a Resolution Rescinding the Redevelopment Project Housing TIF District No. 2 and it's Related Tax Increment Financing Plan; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All Ayes. MOTION CARRIED. Other Business. Millar Elevator, Davis-Bacon Issue The City's 2000 audit report completed by HLB Tautges Redpath, indicated the EDA failed to comply with the Davis-Bacon Act on the elevator modernization, which requires all laborers who work on a project with the contracted total in excess of $2, 000 to be paid the prevailing wage rate. The EDA has been reimbursed all of its $271,488 in CIAP funds for the project. The agreement with the Elevator Advisory Group did not include monitoring for Davis-Bacon compliance, nor did the contract with Millar Elevator Service. In a letter received from Don Armborst, Millar Elevator, and confirmed by other bidders at the Pre-Bid Conference, City staff said that Davis-Bacon requirements were not in effect for this project. Five different Millur employees were underpaid a total of $6, 709.90 and must be paid back wages with funds going directly to the employees, less the normal deductions, and both the employee and company must sign off as having received these payments. Since the EDA discovered the problem and notified Economic Development Authority Meeting Minutes October 16, 2001 Page 3 of 6 HUD in a timely fashion of the violation, there will be no penalties. The EDA is responsible to pay the $6, 709.90 to meet all Federal laws, including Davis-Bacon, according to the CIAP Agreement filed with HUD. Nagel then, presented two options; 1) go to arbitration; or 2) use CIAP funds. MOTION by Peterson, second by Williams, to authorize the payment of $6,709.90 to eligible employees of Millar Elevator Service Company to comply with Davis-Bacon requirements for the Parkview Villa Elevator Modernization Project to be paid with CIAP Funds. Upon Vote: Peterson- Aye, Nawrocki- Nay, Szurek-Aye, Williams-Aye, Wyckoff- Aye. MOTION CARRIED. Nawrocki felt this would be an improper expenditure of the CIAP funds. Fehst stated that if that was true, the auditor's report would be in violation. Nawrocki requested a copy of the auditors report stating the findings on the elevator modernization. Recommendation to Ci_ty Council forApproval of the Modification of TIF District No. 1 Nagel reported that on May 27, 1997, City Council approved a scattered site TIF District to facilitate redevelopment of substandard single-family homes to improve the City's housing stock, increase property values, and prevent the spread of blight. Tax increments from the properties in the district were to be used to finance land acquisition, demolition, relocation, and related' development costs. Shelly Eldridge, Ehlers and Associates, determined that the City needs to show activity and any modifications need to be completed on each of the 56parcels in the District by September 8, 2002, or they will be dropped and wouM reduce the potential TIF revenue generated. Based on discussions with the consultant the following steps can be taken: 1) add 15 parcels to the District with work expected to begin prior to September 8, 2002 to increase the revenue stream; 2) Ehlers will complete a projection of funds that could be expended, then recovered over the remaining 21 years of the district based on the new TIF laws; 3) expend the projected funds within the district prior to the September 8, 2002 deadline,, and 4) any City funds that have been spent in the past 4years on the 56parcels such as 4401 Quincy Street NE can be reimbursed by the district and spent on other housing activities within the district. Staff recommended the Board make a motion to recommend City Council authorize the Modification of TIF District No. 1. MOTION by Wyckoff, second by Williams, to recommend City Council adopt the Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the Proposed Modification of Housing Redevelopment Tax Increment Financing District No. 1 and the Modified Plans. All Ayes. MOTION CARRIED. 4607 Tyler Street Nagel indicated the four plex at 4607 Tyler Street NE was purchased by the HRA/City on February 24, 1995for $79,000. The building was rehabbed for $86,395, using $40, O00 from HOME funds, $36,395 of CDBG funds, and $10,000 of liRA Reserve Funds. The HRA has rented the units to persons 55 or over. The financial proforma has not been reviewed since 1995. It shows an annual rent increase of 3% to cover rising expenses, but the rent has never been increased. The main concern with the proforma is that the Total Development Cost (TDC) is $165, 395, instead of $124, 000. Staff requested the Board authorize an update of the proforma and research whether continued ownership of the four plex is feasible. Economic Development Authority Meeting Minutes October 16, 2001 Page 4 of 6 Fehst indicated this would be money the Board could use somewhere else. Peterson stated he would like to see staff'update the proforma, check into the possibility of selling the unit, and look for a good landlord. He also felt that the EDA should not become long-term landlords. Wyckoff asked if we could sell the unit on the open market. Nagel indicated he would have to check that out as HRA, HOME, TIF, and CDBG funds were used for the acquisition and rehab of the property. Nawrocki asked staff.to provide meeting minutes and any other documents pertaining to the purchase and rehabilitation of the unit. MOTION by Szurek, second by Williams, to authorize an update of the financial proforma, review options based on the analysis of the financial proforma for 4607 Tyler Street NE, and report to the Board at a future meeting. All Ayes. MOTION CARRIED. Beauty Salon Charges for Services to Residents Nawrocki indicated that at the September EDA meeting he requested copies of other salons charges in the area from staff.and he would compare them with what residents are paying at Parkview Villa to see if they are being charged reasonable rates. He then gave the example of a shampoo/set being $7 at the Boulevard and $10 at Parkview. Therefore, the Parkview Villa Salon charges are higher. Nawrocki asked Kottsick to talk to Thesbo Hams about lowering her prices to match those in the area. Kottsick agreed to talk to Hams about her prices, but felt that this issue should be taken to the Resident Council for all residents of Parkview Villa's input on the matter. Pat Baker, Unit 206, indicated that Hams many times provides coffee and cookies or comes in to provide her services for funerals or other special occasions as a courtesy to her customers and that should be taken into account for the fees she charges. Renie Suflca, Unit 104, indicated that the residents of Parkview Villa are low income and Hams makes a clear profit from providing services at Parkview, as she has no overhead costs other than her general supplies. Peterson asked for clarification of what the Board approved last month for the salon. Bakken stated that the Board approved the Beauticians Agreement between the EDA and Thesbo Hams, and the three (3) year Salon Licensing application required by the Department of Commerce to satisfy the auditor report requirements. ADMINISTRATIVE REPORTS. EDA Holiday GatherineJDinner Fehst indicated that Tuesday, December 18, 2001 is a tentative date to hold the Holiday Dinner for EDA members and spouses. Staff.is asking for clarification if this date will work for all Board members and do they want to go back to Jax Restaurant. Bakken indicated that December 10'h has been set aside as a possible date for a short meeting to be held at 5:30p. m., before the City Council Worksession. Box lunches could be provided to accommodate the Board members for the earlier time schedule. Economic Development Authority Meeting Minutes October 16, 2001 Page 5 of 6 Nawrocki indicated that the holiday dinner in years past, was set up to show appreciation for volunteers and suggested the Board have a dinner at Parkview Villa for the volunteers and invite the EDA Board members instead of going to Jax. Kottsick stated that the Resident Council holds a Holiday Dinner for resident volunteers each year, which helps expend their funds to meet HUD requirements for the year. Peterson stated the dinner was more ora year end social event for Boardmembers and their spouses, and if there is a budget concern, he would be willing to payfor his two dinners. Board members lT~illiams, dindra, and Szurek also agreed to this. Fehst stated that in the past we have conducted a short meeting before the dinner. It was determined to go back to Jax Restaurant on December 18, 2001 at 5.'30p. m. for the Holiday Dinner and meeting using the funds that have been built into the 2001 budget for the dinner. Report of the Executive Director Fehst indicated that the bids for 4656 Monroe Street NE will be opened on Monday, October 22, 2001 and asked Councilmembers if they could meet a half hour ahead of the City Council meeting to review the bids. Then at the City Council meeting they could possibly award the sale, to insure the construction starting this year. It was decided to hold the meeting on Monday n?ght at 6:30p. m. Committee/Other Reports. Resident Council Meeting Minutes Jindra asked staff.to amend the minutes to read as follows: Under the entertainment committee- This Halloween there will be cider and cookies downstairs in the party room. Residents that wish to, can bring donations of school supplies to the party room for the Putnam and North Star Schools. Housing Update Nagel stated that the closings were held for both 3913 Polk Street and 4401 Quincy Street in the last month. Habitat has some asbestos testing to do before they start, but that should be done in the next week. The First Time Homebuyerprogram will end on October 22~ To date, the City has done almost three quarters ora million dollars and asked for approval to request the City get their own allocation next year. Wyckoff.asked what the interest rate is this year. Nawrocla' asked what the applicants closing fees and points are. Nagel will provide this information to the Board before the next meeting. The Housing Performance Score rating was revised from 60 to 81 points. This allows the Board to use the many Metropolitan Council programs available, such as the Liveable Communities Program where funds are used for the Transition Block Redevelopment project. Nagel indicated the breakdown of grants from CEE, were provided as requested. The report lists the grants that are being processed, the amount of the loan, and why they have not completed. Economic Development Authority Meeting Minutes October 16, 2001 Page 6 of 6 MEETINGS The next EDA meeting is scheduled for 6:30 p.m., Tuesday, November 20, 2001 in Community Room B at Parkview Villa. ADJOURNMENT The meeting was adjourned at 8:02 p.m. by Vice President, Jindra. Respectfully submitted, Cheryl Bakken Recording Secretary H:\EDAminutes2001 \ 10-16-2001