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Home My WebLink AboutFebruary 25, 2002 RegularCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us ADMINISTRATION February 22, 2002 Mayor Gary L. Peterson Councilmembers Marlaine Szurek Julienne Wyckoff Bruce NawrocM Robert A. Williams City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 p.m. on Monday, February 25, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN The City of Columbia Heights does not discriminate on the basis of disabihty in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only) Invocation: Pastor Dan Thompson - Assembly of God 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) 4. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Recognition 1) Lee Chandler, Promotional Director of the new Semi-Pro team: Minnesota Federals. First of five home games to begin at the Columbia Heights High School Football field on June 1, 2002. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the February 11, 2002, regular City Council meeting as presented. 2) Adopt Resolution No. 2002-12, being a Resolution calling for a Public Improvement Heating for Central Avenue Water Services and Streetscaping Improvements Project No. 99-12A. MOTION: Move to waive the reading of Resolution No. 2002-12, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-12, being a Resolution calling for a Public Improvement Hearing on March 18, 2002 at 7:00 p.m., City Council Chambers, for the Central Avenue Water Services and Streetscaping improvements, Project 9912A. 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 February 25, 2002 Page 2 of 3 3) Establish Work Session Meeting Dates for: Monday, March 4, 2002 following the 7:00 p.m. Zone 6A Improvement Hearing and Monday, March 18, 2002 following the Central Avenue Improvement Hearing at 7:00 p.m. MOTION: Move to establish Work Session meeting dates for: Monday, March 4, 2002 following the 7:00 p.m. Zone 6A Improvement Hearing in the City Council Chambers, and Monday, March 18, 2002 immediately following the 7:00 p.m. Central Avenue Improvement Hearing in the City Council chambers. 4) Approve Sanction of Taste of Columbia Heights MOTION: Move that the Taste of Columbia Heights be classified as a City sanctioned event for staff participation, insurance, and other purposes. 5) Adopt Resolution 2002-14, being a Resolution in support for the Northstar Commuter Rail Proiect Cities with Stations MOTION: Move to waive the reading of Resolution No.2002-14, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-14, being a Resolution in support for the Northstar Commuter Rail Project Cities with Stations. 6) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 25, 2002 as presented. 7) Approve Payment of Bills MOTION: Move to approve payment of the bills, as listed, out of the proper fund. 6. PUBLIC HEARINGS A) Public Heating called for Revocation/Suspension of Rental Housing License at 4610 Fillmore Street. Mayor Peterson to close the Public Hearing, as all deficiencies have been corrected inside the building and the owner has received an extension to complete the work on the outside of the building. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1) Adopt Resolution No. 2002-10, Rate Order - Basic Programming Rates and Resolution No. 2002- 11, Rate Order - Equipment and Installation Rates MOTION: Move to waive the reading of Resolution No. 2002-10, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2002-10, being an Order Regarding the Maximum Permitted Basic Programming Service Rate Set Forth in the Federal Communications Form 1240 Filed by AT&T Broadband on or about March 1, 2001. MOTION: Move to waive the reading of Resolution No. 2002-11, there being ample copies available to the public. City Council Agenda February 25, 2002 Page 3 of 3 MOTION: Move to adopt Resolution No. 2002-11, being an Order Regarding the Maximum Permitted Equipment and Installation Rates Set Forth in the Federal Communications Commission Form 1205 Filed by AT&T Broadband on or about March 1, 2001 B) Bid Considerations - none c) Other Business l) Approve the process of selecting a Development Consultant to assist the City/EDA in preparing a Detailed Request For Proposal (RFP) MOTION: Move to approve the process of selecting a Development Consultant to assist the City/EDA in preparing a Detailed Request for Proposal (RFP) seeking developers for the redevelopment of designated Commercial and Industrial areas; and furthermore, to authorize staff to coordinate the Request for Qualification (RFQ) process for the City Council to evaluate and select such consultants. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager 1) Upcoming Work Session Items B) Report of the City Attomey GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1) Meeting of the January 15, 2002, Economic Development Authority 2) Meeting of the January 15, 2002, Housing and Redevelopment Authority 3) Meeting of the February 5, 2002 Public Library Board of Trustees 10. CITIZENS FORUM (At this time, citizens have an oppommity 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 Council tidbits... 12. ADJOURNMENT Walter R. Fe--~h~[, ~i(~ Manager OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR CITY COUNCIL MEETING MONDAY, FEBRUARY 11, 2002 The following are the minutes for the regular meeting of the City Council held 7:00 p.m. on Monday, February 11, 2002 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, MN Pastor Peter Law, Community Methodist Church, gave the invocation. CALL TO ORDER/ROLL CALL Present: Mayor Peterson, Councilmember Williams, Councilmember Szurek, Councilmember Wyckoff, and Councilmember Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - none PROCLAMATIONS~ PRESENTATIONS~ RECOGNITIONS AND GUESTS A) Proclamations-none B) Presentations - none C) Introduction of New Employees Becky Loader, Library Director introduced Mindy Hicks, Library Clerk, and gave her background. Hicks thanked the City Council for the opportunity to work for the City. D) Recognition Peterson stated that Sue Hentges, wife of former City Manager Pat Hentges, passed away last Saturday. Nawrocki requested that the regrets of the Council be given to the family. CONSENT AGENDA MOTION by Nawrocki, second by Wyckoff, to approve thc Consent Agenda items as follows: 1) Minutes for Approval MOTION to approve thc minutes of the January 28, 2002 regular City Council meeting as presented. 2) Authorize payment of County Expenses MOTION to authorize payment of $16,626.34 for administering the 2001 Tax Increment Financing Las of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. 3) Approve Conditional Use Permit Case #2002-0201 for 4300 Central Avenue MOTION to approve the Conditional Use Permit to allow the operation of a temporary mini-garden center at 4300 Central Avenue from April 15, 2002 through July 10, 2002, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Nawrocki stated this is for a Linder's Greenhouse, and as this is a yearly request; more backup information was given than necessary. City Council Minutes February 11, 2002 Page 2 of 13 4) Adopt Resolution No. 2002-08, being a resolution accepting the Feasibility Report for Zone 6A Street Rehabilitation and establishing the Public Improvement Hearing for March 4, 2002 MOTION to waive the reading of Resolution No. 2002-08, there being ample copies available for the public. MOTION to adopt Resolution No. 2002-08, which accepts the Feasibility Report for Zone 6A Street Rehabilitation (with the 7th Street option) and establishes the Public Improvement Hearing for March 4, 2002. Nawrocki questioned when the informal meeting date was. Kevin Hansen, Public Works Director, stated it would be Thursday, February 21st, and notification was sent to all persons in this zone. Nawrocki stated the proposed work in this area was more extensive than necessary and he would like more cost effective ways to do the work. RESOLUTION NO. 2002-08 BEING A RESOLUTION ACCEPTING THE REPORT ON THE 2002 STREET REHABILITATION IMPROVEMENTS WITH FULL RECONSTRUCTION, PARTIAL RECONSTRUCTION AND MILL AND OVERLAY AND CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR THE ZONE 6A STREET REHABILITATION WHEREAS, pursuant to Resolution 2002-03 adopted by the City Council January 14, 2002, a report has been prepared by Mr. Kevin Hansen, City Engineer with reference to the following improvements: Full Street Reconstruction Washington Street Madison Street Monroe Street 7th Street 42na Avenue to 44th Avenue 42na Avenue to 44th Avenue 42na Avenue to 43ra Avenue 42nd Avenue to 44th Avenue Partial Street Reconstruction Monroe Street 43ra Avenue to 44th Avenue and this report was received by the Council on February 11, 2002, and WHEREAS, the report provides information regarding whether the proposed project in necessary, cost-effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (parcel unit basis) as well as non-abutting property (parcel unit basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $895,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the 4th day of March, 2002 in the Council Chambers located at 590 40th Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Passed this 1 lth day of February 2002. 5) Establish Heating Date regarding License Revocation or Suspension of Rental Property. at 4610- 4612 Fillmore Street NE MOTION to Establish a Hearing Date of February 25, 2002 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Moshen Dessouki at 4610-4612 Fillmore Street NE. City Council Minutes February 11, 2002 Page 3 of 13 6) Approve Business License Applications MOTION to approve the items as listed on the business license agenda for February 11, 2002 as presented. 7) Approve Payment of Bills MOTION to approve payment of the bills, as listed, out of the proper fund. Upon vote: All ayes. Motion carried. PUBLIC HEARINGS - none ITEMS FOR CONSIDERATION Other Ordinances and Resolutions 1) Adopt resolution No. 2002-09, being a Resolution regarding City Manager Compensation MOTION by Williams, second by Szurek, to waive the reading of Resolution No. 2002-09, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Williams, second by Szurek, to adopt Resolution No. 2002-09, being a Resolution regarding City Manager Compensation. Nawrocki stated he was still not enamored with the City Manager, and felt that he needed to spend more time in the office and less time out networking. Nawrocki wanted more recommendations, alternatives, and follow up. Nawrocki stated the salary adjustment is out of line. He gave wage comparisons to other cities, his increases and deferred compensation benefits received. Williams stated that we can all improve in our job. He suggested that Fehst spend more time outside of his office, as he has a competent staff, and has a large responsibility to our citizens. Wyckoff stated that she would not vote for this wage increase, as it includes the year 2003. She indicated that the contract states the manager is to be reviewed every April, and therefore, should not be guaranteed a raise in advance of the review. Fehst stated that a review could still be done. Szurek indicated it was unfair that the Council before her had not reviewed the manager and given just compensation. When the manager was reviewed, Council decided to make up for the lack of adjustment by the previous Council. Fehst stated that according to the pay equity program the manager's salary should be $8,000 to $10,000 more a year. Nawrocki listed the manager's salary in 2000 and additional compensation received at that time, including benefits package and felt this to be an adequate salary. Williams listed improvements to the City in the last five years and stated the need to support our manager. Peterson stated the expectation is for Mr. Fehst to do a better job. He stated that the manager is the top employee of our City, and the salary increase into 2003 is considered a vote of confidence. Peterson stated he is pleased with Fehst's work. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, nay; and Peterson aye. 3 ayes -2 nayes. Motion carried. City Council Minutes February 11, 2002 Page 4 of 13 RESOLUTION NO. 2002-09 RESOLUTION REGARDING TItE CITY MANAGER'S COMPENSATION WHEREAS, on February 4, 2002, the City Council met at an executive session to review the City Manager's performance and compensation; and, WHEREAS, the City Council agreed to make modifications to the City Manager's compensation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Columbia Heights does hereby make the following modifications to the City Manager's compensation, consistent with pay adjustments granted other employees: Effective January 1, 2001:3 V2% pay adjustment Effective January 1, 2002:3 ¥2% pay adjustment Effective January 1, 2003:3 ½% pay adjustment Passed this 1 lth day of February 2002. 2) First reading of Ordinance #1445, being an Ordinance pertaining to Procedure on Ordinances MOTION by Williams, second by Szurek, to waive the reading of Ordinance No. 1445, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Williams, second by Szurek, to schedule the second reading of Ordinance No. 1445, an ordinance pertaining to Procedure on Ordinances, to February 25, 2002, at approximately 7 p.m. Nawrocki stated that he would miss the next two Council meetings, and as the statute calls for Charter amendments by Ordinance to be voted on by all members, he suggested having the second reading of the ordinance at the March 25th City Council meeting. MOTION amended by Williams, agreed to by Szurek, to change the second reading date to March 25th, 2002 instead Peterson stated that Tammera Ericson, Charter Commission Chairperson, would arrive later in the meeting to explain this ordinance. Upon vote of the amended motion: All ayes. Motion carried. 3) Second reading of Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code. MOTION by Wyckoff, second by Williams, to waive the reading of Ordinance No. #1444, there being ample copies available to the public. Upon vote: All ayes. Motion carried. MOTION by Wyckoff, second by Williams, to adopt Ordinance #1444, being an ordinance amending the Courtesy Bench Section of the City Code (Section 6.303) and establishing a Newsstand Ordinance. Nawrocki asked to see the language of the existing ordinance. Hansen stated that a copy of the current ordinance was in the Council letter packet of the first reading of the ordinance. Nawrocki stated that, if approved, there would be two courtesy bench ordinances on the books, dim Hoefi, City Attorney, stated that this ordinance replaces the current code section 6. 303. Nawrocki stated his concern was that benches be provided for people riding public transit, and wanted to know if new benches would replace the old benches. He referred to the nine-foot right of way requirement. City Council Minutes February 11, 2002 Page 5 of 13 Hansen stated that the streetscape project wouM allow for decorative benches on Central Avenue to replace bus benches and other locations of the Council's choosing. Hansen stated that based on work session discussions, staff added that where existing conditions do not allow a three foot setback from the curb, the Engineer may consider other distances, but never less than eighteen inches. Hansen stated that of the 22 current benches, there are only five that do not meet the front footage requirement. Nawrocki questioned 3 7tn and Central. Hansen stated the bench placement decision would wait until Metro transit determines their bus stops before placing a bench in that area. Hansen stated that this ordinance was for clarification of the bench ordinance, and to introduce a newsstand ordinance confining them to a defined area. Wyckoff asked where the boxes would be allowed. Hansen stated that they could be in enclosed areas such as bus stop shelters, mall entrances and other places next to garbage cans. Hansen stated that the proposed ordinance had been passed on to U.S. Bench. Wyckoff asked if this would allow removal of non-complying boxes. Hansen stated that 30 days from passage we would try to locate the owners and inform them to remove their boxes, or just have them removed. Upon vote: Williams, aye; Szurek, aye; Wyckoff, aye; Nawrocki, aye; Peterson, aye. All ayes. Motion carried. (Ordinance printed at the end of this document) Bid Considerations - none Other Business Consideration of change in six hour parking ordinance. MOTION by Williams, second by Szurek, to leave Ordinance #7.205(1) as is, with no changes. Upon vote: Williams, aye; Szurek, aye; Wyckoff, nay; Nawrocki, aye; Peterson, aye. 4 ayes -1 nay. Motion carried. Wyckoff asked that this issue be referred to the Traffic Commission, as limiting parking to six hours is outdated Wyckoff listed communities that do and do not have a parking ordinance. Wyckoff stated that this rule is broken every day, and has the feel of "Big Brother' watching. Parking should be allowed 24 hours a day and only restricted for snow removal operations. Wyckoff stated that if we have the rule, it should be enforced, but the only people tagged are residents whose neighbors are mad at them and call to complain. Williams stated that many senior citizens walk in the street because there are no sidewalks, and if there were no parking regulations, they would not have anywhere to walk. Chief Johnson stated that enforcement is only by complaint. ADMINISTRATIVE REPORTS Report of the City Manager Fehst reminded City Council members of the Tuesday, February 12, 2002, 7p.m. Landlords meeting. Report of the City Attorney Wyckoff questioned if the requirements of the Tycoon liquor ficense are being met. Hoefi stated that the owner attempted to obtain an order for protection, but the Judge would not sign it. Peterson stated that a condition of the license is that her husband not be on thepremises, and the license would be revoked if the Police Department can prove he was there. Wyckoff asked if there have been problems at this site. Johnson stated there have not been problems, and there have been random checks of the site. Nawrocki indicated that the City Attorney had stated this issue would be revisited in April. City Council Minutes February 11, 2002 Page 6 of 13 Additional discussion on Ordinance pertaining to Procedure on Ordinances Tammera Ericson, Chairperson of the Columbia Heights Charter Commission, stated this was in reference to City Charter Chapter 3, Section 19. This change would require a 4/5th vote to waive the reading of an ordinance rather than a unanimous vote. She referred to the unwillingness to waive the reading of an ordinance as a stall tactic, therefore costing the City a great deal of time and money. She referred to the zoning ordinance presented last year and staff reading the 200page document onto audiotapes, but ultimately was not played for the public. Ericson stated that ifa Councilmember felt the need for an ordinance to be read, they should be able to persuade at least one of their peers that there is a valid reason to read the ordinance. Nawrocki stated that this is the first time he was made aware that staff had recorded the proposed zoning ordinance, but they were not directed by Council to do so. He indicated that the original zoning ordinance was read, but he would not have it read out of spite. Nawrocla' explained that he did not want the ordinance read word for word, but wanted it discussed section by section, as it is important to have people understand what is being proposed. Nawrocki stated that the Planning and Zoning Commission spent many hours on this, but they are not the Council and he felt the Council needed to have more time spend on discussion. He felt he had no alternative but to have it read, even though that would have be more detail than he wanted Nawrocki stated that he found it interesting that shortly after this event Williams had an ordinance read. S~:urek indicated that the Planning and Zoning Commission did a thorough review, met many times and all meetings were open to the public to review and update the ordinance. Szurek stated that Nawrocki indicated he would waive the reading if more questions were allowed. Nawrocki stated this was only to safeguard our citizens and he did not want it read. He felt taping the ordinance was premature and a waste of time. Erickson stated that the recommended change was to help the governing of the City in a more efficient way. If this ordinance does not pass, the Charter Commission will have the issue placed on the ballot in November. Peterson thanked the Charter Commission, and stated this change was a good idea and felt it should be approved unanimously. Peterson stated that other Councilmembers and the public were satisfied with the zoning ordinance process, but that Councilmember Nawrocki was given another night meeting to have staff answer his questions; and in preparation, staff moved forward and read the ordinance on tape. Wyckoff asked Ericson if this would have still been recommended if the zoning ordinance issue had not happened. Ericson stated yes, that the 4/5th vote would assure the integrity of the process. Nawrocki stated that prior to the zoning ordinance discussion, no one was aware that the Charter required a unanimous vote to waive the reading of an ordinance. Peterson thanked Ms. Ericson and Mr. Hartel for attending. GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions · Meeting of the December 26, 2002, Park and Recreation Commission · Meeting of the January 23, 2002, Park and Recreation Commission · Meeting of the February 5, 2002, Planning and Zoning Commission CITIZENS FORUM Deb Johnson, 4638 Pierce Street, stated that Apache Plaza will be removed and developers are submitting ideas. She referred to a letter in the Northeaster which spoke unkindly of Columbia Heights. She stated that she wants to stay in this community and listens to the hopes for improvement, but asked Council to proceed with caution on types of businesses considered. Johnson felt Columbia Heights is a desirable area and a lot City Council Minutes February I 1, 2002 Page 7 of 13 of companies would be interested in moving here. She felt that we are an established community that needs some realignment. Johnson stated that she knows it would take time to improve things, but would watch and be patient. Fehst stated he too was upset with the letter in the newspaper, and gave figures relative to the decrease in crime in Columbia Heights. Fehst stated that Council would have to take risks for these improvements, and would appreciate resident support. COUNCIL CORNER Nawrocki asked again what the $53,000 of recycling money was used for and the previous year's AMM membership fee. Fehst stated that the recycling information was in last week's green sheet. Nawrocki asked that staff go back to the same communities that participated in the survey on work sessions and ask specific questions on how many full meetings they have, if there is a consent agenda, if they received a full packet or if the meetings are for a limited number of items. Nawrocki referred to the statistics from our web site in the green sheet, and felt that number only reflected hits on the site. Wyckoff congratulated Jean Kuehn, Special Projects Coordinator, on our informative City web site. Wyckoff stated that the "Taste of Heights" would be Sunday, March 24, from 4.'00 to 8.'OO p. m. at Murzyn Hall. The Human Services Commission will decide, at their February meeting, what restaurants will be featured. Council Tidbits Peterson suggested the Council meeting end with a Council tidbit, or a point to ponder read by a Councilmember or staff member. Councilmembers Williams, Szurek, and Nawrocki, and Mayor Peterson recited a quote. ADJOURNMENT Mayor Peterson stated: "Don't take ourselves to seriously, enjoy life and do a random act of kindness". Mayor Peterson adjourned the meeting at 9:57 p.m. Patricia Muscovitz, Deputy City Clerk City Council Minutes February 11, 2002 Page 8 of 13 ORDINANCE # 1444 BEING AN ORDINANCE AMENDING THE COURTESY BENCH SECTION OF THE CITY CODE (Section 6.303) AND ESTABLISHING A NEWSSTAND ORDINANCE The City of Columbia Heights does hereby amend City Code Section 6.303 to read as follows: Purpose. The purpose of this ordinance is to regulate the placement and maintenance of Courtesy Benches for public transit in public right-of-ways and on private property if the bench is within three (3) feet of the public right-of- way. Benches without advertising signs that are located on private property and more than three (3) feet from the public right-of-way are exempt from the provisions set forth in the advertisement restriction section of this ordinance, but are subject to all other applicable sections of this code. Permit Required. It is unlawful for a person to place a Courtesy Bench in a public right-of-way or on private property within three (3) feet of the public right-of-way without first obtaining a permit as provided in this section. (1) This section shall apply to all existing and future Courtesy Benches installed within said City. The Courtesy Bench owner shall renew the permit once issued annually. (2) The permit period shall be from April 1 to March 31 annually. (3) Permits for courtesy benches will be granted only on existing and approved Metro Transit bus' routes within the City, on the condition that the bench locations satisfy the location requirements set forth by the City. Permits and Applications. Application for permits shall be made to the Community Development License/Permit Clerk or designee of the City Manager. The application shall contain the following information: O) Scale drawing showing the size and location of the Courtesy Bench relative to all other objects on the property including the layout of applicable adjacent roadways, intersections, traffic signage, sidewalks, trails, utility poles, fences and other objects within the vicinity; (2) Name, address and phone number of applicant; (3) Detailed plans and specifications of each proposed bench, if any, to be posted thereon and total surface area intended as signage not to exceed 12 square feet using only the front, or seating side surface of the bench rest. Advertising material may not exceed the length of the bench. (4) A current general liability Certificate of Insurance from an insurance company that is rated "A" or better by A.M. Best Company and authorized to conduct business in the State of Minnesota, naming the City as additional insured in the minimum amounts as follows: ii of Bench Permits Limit of Liabilio2 i. 1-10 Benches $250,000 ii. 11-50 Benches $500,000 iii.50 or more $1,000,000 City Council Minutes February 11, 2002 Page 9 of 13 for any and all claims arising out of the use or existence of the Courtesy Bench(s) and approved by the City Manager or designee of City Manager. The certificate shall provide for automatic notification of the City with a minimum 30 days advance notice in the event of cancellation. (5) A graphic showing the public transportation bus service that serves the proposed Courtesy Bench and the specific bus stop location and number, if applicable. (6) An executed hold harmless agreement from the permittee, approved by the City Manager or designee, protecting the City from any and all claims arising out of the use and existence of the Courtesy Bench; (7) Written consent from the abutting property owner for placement of any bench on private property within three (3) feet of the public right-of-way. The abutting property owners shall be deemed to be the person or entity shown as such on the Anoka County tax records. (8) The application shall be forwarded to the City Engineer for review and recommendation. (9) Such other information that the City Manager may require Conditions Governing Issuance of Permits. This section governs the issuance of a permit for a Courtesy Bench. Permit for Each Bench. A separate permit is required for each Courtesy Bench, but renewals may be granted for more than one location on the basis of a single application - provided that the City Manager or city designee is satisfied that all the information required by this section has been supplied for each proposed Courtesy Bench. (2) Transfer: New Permit. If a Courtesy Bench for which a permit has been issued is sold or title or control thereof is transferred or assigned, a new permit shall be required. (3) Location. No permit may be issued for the installation of Courtesy Benches, on approved transit routes in the following places: (A) on a transit route upon which the City has constructed or has let a contract to construct a public street beautification (streetscaping) project. (B) on a public sidewalk where the right-of-way is less than nine (9) feet in width or on any private sidewalk or trail without the written consent of the abutting property owner; (C) in an alley; (D) at any location more than 50 feet from the nearest point of intersections with a street, unless the City Manager so authorizes; (E) within 15 feet of any intersection or other locations as the City Manager may determine which impedes safety by obstructing the vision of pedestrians or motorists; (F) other locations, which the City Manager or staff member determines would potentially restrict pedestrians' traffic, pose a snow and ice control problem, obstruct vehicular traffic or otherwise be detrimental to the public safety, convenience or welfare. Permit Fees. Fees for Courtesy Benches shall be as set forth in the City of Columbia Heights Licensing Fee section. City Council Minutes February 11, 2002 Page 10 of 13 Insurance Requirements. Permit holders shall deliver to and keep on file with the City's Finance Department a current general liability Certificate of Insurance meeting the requirements of this ordinance, naming the City of Columbia Heights as an additional insured. The insurance shall be maintained in its original amount by the permit holder at his or her expense at all times during the period for which the permit is in effect. When two or more permits are issued to one person one insurance policy may be furnished to cover two or more Courtesy Benches, and the policy shall be of a type which coverage is automatically restored upon occurrence or any accident or loss from which liability may hereafter accrue. Permits: Approval and Issuance. If the City Manager is satisfied that all of the conditions stated in this section have been met and that the creation and maintenance of the Courtesy Bench at the proposed location will not restrict pedestrian traffic or otherwise be detrimental to public safety, he shall approve the application. The License/Permit Clerk shall not issue a permit until the insurance and hold harmless agreement are provided and approved by the City. Revocation of Permit. The City Manager may revoke or deny renewal of any permit for failure to comply with the provision of this ordinance, the Zoning Code, for misrepresentation of material facts in the original application, for failure to maintain the Courtesy Bench, because the bench is considered a safety hazard, because the bench location is no longer served by the public transportation, because the transit route on which the bench is located has or will be included in a streetscaping project or for any reason which would have been grounds for denial of the original application. All courtesy bench locations are subject to a site plan review by the City's Engineering Department. If the courtesy bench location is deemed unsuitable by the Engineering Department, the permit will be revoked by the City Manager or appointed designee. Installation and Maintenance. (1) Location. Courtesy Bench shall be installed parallel with the curb, sidewalk or trail, and set back at least three (3) feet from the back of the curb. Further, there shall be a minimum clearance of six (6) feet from the back of the bench to any structure or landscaping along or near any sidewalk to provide for sidewalk snowplow clearance. Any bench installed on a sidewalk or trail nine (9) feet or more in width must also provide a minimum clearance of six (6) feet between the back of the curb and front of the bench. Where existing conditions are such that the 3 foot setback from curb provision cannot be met, at the City Engineer's discretion, the permit may be evaluated for other distances, but never less than 18 inches. (2) Size. Size limitations on Courtesy Benches are as follows: (^). (B). (c) height- 42 inches maximum width- 30 inches maximum length- 7 feet maximum (3) Construction. A Courtesy Bench shall be installed and maintained on a durable level surface including, but not limited to, concrete, bomanite or decorative brick. The durable surface shall extend six inches on both ends and in back of the bench. Further, the durable surface in front of the bench must extend to the back of the curb. The Courtesy Bench shall be of sufficient weight or shall be secured in a manner to minimize the potential of accidental tipping or vandalism. No Courtesy Bench shall be fastened, secured, or anchored to City property. City Council Minutes February 11, 2002 Page 11 of 13 (4) Materials. A Courtesy Bench shall be constructed of durable materials including but not limited to concrete, wood, steel, plastic, or combination thereof, with colors limited to whites, earth tones of subdued greens, grays, browns, reddish-browns, and golds. (5) Permit Display. Each Courtesy Bench shall display the permit number in a conspicuous place. (6) Conditions. It is the responsibility of the permittee to maintain each bench in a safe condition and to keep benches neat, clean and in usable condition. The permittee shall keep the Courtesy Bench and bench base free of ice and snow and accessible. (7) Advertising Matter. Advertising matter may be displayed only on the front (roadway side) surface of the backrest of a Courtesy Bench and shall not exceed 12 square feet in surface area. No advertising matter on any Courtesy Bench may display any word, phrase or symbol, reflective material or illumination device which might interfere with, mislead or distract traffic. Any political advertising displayed on a Courtesy Bench shall be subject to the time restriction for such advertising or political signs as set forth elsewhere in the City Code and State Statue. Removal of Benches. (1) Notice. Upon the revocation or expiration of any permit without renewal, the permitce shall remove the Courtesy Bench promptly. Thc permittee shall also be required to remove the concrete slab and reseed thc slab area at its cost if so directed by the City Manager. Thc City Manager may remove thc bench a~er thirty days mailed notice to the permittee and the cost of removal, including removal of the slab and resodding of thc slab area, shall be paid by thc permittcc. If thc pcrmittee fails to pay the cost within 60 days after receiving notice from the City Manager, the bench shall become thc property of thc City, but the pcrmittee will remain liable for the cost of removal, restoration and storage of the bench. No permit or renewal shall be granted to the permittee until all such costs are paid in full. (2) Summary Removal. A Courtesy Bench placed in the public right-of-way in the City, contrary to the provisions of this Section, may be summarily removed by the City Manager, pursuant to Minnesota Statutes, Section 160.27, subdivision 6. Registration of permits Obtained from Other Road Authorities, (1) When a Courtesy Bench is placed in the City within the limits of a street or roadway subject to the control of a road authority other than the City as defined in Minnesota Statues, Section 160.02, the person placing the bench shall file proof of permission from the other road authority with the City Manager. NEWSSTANDS Definition. Employment advertising stands, realty advertising stands and other advertising stands or racks used for the free distribution of material are herein referred to as Newsstands. Excluded fi'om this definition are newspaper racks, used for the sale of daily newspapers such as the Minneapolis Star Tribune, St. Paul Pioneer Press, or a local City Newspaper. General Operation. The purpose of this ordinance is to regulate the placing and maintenance of newsstands in public-rights-of-way. This ordinance was created to promote the public health, safety and welfare through the regulation of placement, type, appearance and servicing of newsstands on public rights-of-ways so as to: (1) Provide for pedestrian and driving safety, convenience, and comply with local, state, or federal handicapped accessibility regulations. City Council Minutes February 11, 2002 Page 12 of 13 (2) (3) (4) (5) (6) (7) (8) (9) (10) Restrict unreasonable interference with the public use of the public right-of-way and with the flow of pedestrian or vehicular traffic from any residence or business, or from the street to the sidewalk by persons exiting or entering parked or standing vehicles. Provide for the safety of people and property during periods of heavy snow, storms, and other adverse weather conditions, and for the proper functioning of the city's safety and sanitation forces. Provide reasonable access: For the use and maintenance of poles, posts, traffic signs or signals, hydrants, utility openings, delivery chutes, trash receptacles, bus or plaza benches, United States postal services mailboxes, parking meters and other public fixtures; and to locations used for public transportation purposes. Relocate and/or replace newsstands that result in a visual blight and/or excessive space allocation on the public rights-of-ways of which unreasonably detract from the aesthetics of store window displays, adjacent landscaping and other improvements, both public and private, as well as to remove abandoned newsstands. Maintain and protect the values of surrounding properties, and protect and preserve public property. Reduce unnecessary exposure of the public to personal injury or property damage. Treat all publications equally regardless of their size, content, circulation, or frequency of publication. Maintain and preserve freedom of speech and freedom of the press. Protect and enhance the city's attraction to residents, tourists and visitors, and serve as a support to stimulus to business and industry, by enhancing the visual and aesthetic character and interest of the city. Newsstands may not be attached in any way to Courtesy Benches permitted by the City of Columbia Heights. Furthermore, newsstands may only be placed in enclosed spaces, such as private building corridors or bus shelters, provided trash receptacles are available. Installation and Maintenance (1) News stands shall not exceed (60) sixty inches in height, (30) thirty inches in width, or twenty-four (24) inches in depth. (2) No advertising signs or materials, other than those advertising the name of the publications contained within the newsstand, shall be displayed on the outside of any stand, rack or corral. (3) Each newsstand shall have stenciled or otherwise permanently affixed to it, in a readily visible place, a notice setting forth the name, address, and telephone number of the newsstand owner. (4) Each newsstand shall be maintained in a neat and clean condition and in good repair at all times. Each newsstand shall be serviced and maintained and/or replaced if necessary, so that: (1) it is reasonably free of dirt and grease; (2) it is reasonably free of chipped, faded, peeling and cracked paint in the visible painted area thereof; (3) if it is free of graffiti or other writing or pictures added without the permission of the owner; (4) it is reasonably free of rust and corrosion in the visible metal areas; (5) the clear plastic or glass parts, if any, through which the publication therein are viewed are unbroken and reasonably free of cracks, dents, blemishes and discoloration; (6) the structural and solid parts thereof are not broken, do not contain holes; (7) the dispensing portion of each box shall be fully enclosed and weatherproof so as to keep publications dry and free of snow and dirt; (8) all surfaces shall be of sturdy impact resistant materials; and (9) it shall contain no sharp comers or sharp protrusions. (5) Newsstands for free publications may omit the coin box and may have a pull bar attached to the door in order to produce an "honor rack. Enforcement Procedures. (1) Any newsstand installed in violation of the provisions of this ordinance shall be tagged with an administrative tag stating the violation, date of tagging, and notice of intention to remove the newsstand if the violation is not corrected within (1 O) days. The City Manager may remove the newsstand ten days City Council Minutes February 11, 2002 Page 13 of 13 after notifying the newsstand owner by mail. If the permittee fails to remove the newsstand after receiving notice from the City Manager, the newsstand shall become the property of the City, but the permittee will remain liable for the cost of removal, restoration and storage of the newsstand. No permit or renewal shall be granted to the permittee until all such costs are paid in full. (2) Any newsstand in violation of the provisions of this chapter, which violation creates an immediate and substantial danger to the health, safety, or welfare of the public, which violation cannot be quickly and easily corrected by moving or otherwise repositioning the news rack, may be removed and stored in a secure location so as to eliminate the danger to the health, safety and welfare of the public. (3) Newsstands placed in the public right-of-way in the City, contrary to the provisions of this Section, may be summarily removed by the City Manager, pursuant to Minnesota Statutes, Section 160.27, subdivision 6. Abandoned Newsstands. (1) A newsstand shall be deemed abandoned when no publications provided by registered news stand owner is in the newsstand for a period of more than thirty (30) consecutive days, or when the news stand and location have not been included on a master list as required under this chapter. (2) In the event a newsstand is found abandoned on the public right-of-way within the city, the City Manager or designee shall cause the removal of said newsstand. Registration of permits Obtained from Other Road Authorities. (1) When a newsstand is placed in the City within the limits ora street or roadway subject to the control ora road authority other than the City as defined in Minnesota Statues, Section 160.02, then the person placing the newsstand shall file proof of permission from the other road authority with the City Manager. This ordinance shall be in full force and effect from and after thirty days (30) days after its passage. First Reading: Second Reading: Date of Passage: January 28, 2002 February 11, 2002 February 11, 2001 Offered by: Seconded by: Roll Call: Wyckoff Williams Ayes: Peterson, Szurek, Wyckoff, Williams, Nawrocki CITY COUNCIL LETTER Meeting of: 2/25/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~-_/~ _'x~ PUBLIC WORKS ITEM: ESTABLISItlNG THE PUBLIC BY: K. Hanse BY: IMPROVEMENT HEARING DATE FOR CENTRAL DATE: 2/21/0~5~~ DATE: AVENUE WATER SERVICES AND STREETSCAPING, CITY PROJECT 9912A, FOR MARCH 18, 2002. Background: The City Council has previously accepted the feasibility report for City Project 9912: Central Avenue Street and Utility Improvements, at its regular meeting on December 13, 1999. That report included utilities: sanitary sewer, storm sewer and water main, and street reconstruction which includes center medians, concrete curb and gutter, bituminous pavement resurfacing and new concrete sidewalk. On March 8, 2001 the City Council accepted the feasibility report for Central Avenue Water Services and Streetscaping, City Project 9912A, which included replacing water services, decorative sidewalk, decorative streetlighting, appurtenances (benches, trash receptacles, and planters) and trees. Originally the hearing was established for April 16*, 2001 but postponed due to project development issues. Analysis/Conclusions: The public improvements identified in the 9912A feasibility report and recommended to be part of the 429 (assessment) process and estimated assessments are detailed as follows: Water services Water services are proposed to be replaced within the project area from 37th to 43rd Avenues. Sizing will be replaced in-kind, but with a minimum service size of 1 inch, consistent with City Code. The services would be replaced from the new main line to the property line and include: a wet tap with corporation valve, copper or DIP service line and curb stop at the property line. Assessments are proposed for actual construction cost for all commercial/multi-family property and flat rates of $900 and $1,500 for single family properties on the west and east sides of Central, respectively. Streetscaping Streetscaping has been designed following the general themes identified in the Downtown Master Plan and includes decorative street lighting, colored and banded concrete sidewalks, new trees and grates and other amenities such as color and material coordinated planters, trash receptacles and pedestrian benches. The concrete color is typically selected after contract award based upon actual mixes poured in the field as samples. Tree locations may need further adjustment in the field based upon fronting property input and visibility needs. Proposed Assessments Water services: Water services are proposed to be based on actual construction cost for the size of service replaced. Single family residential properties are proposed at $900 for 1 inch for the west side of Central and $1,500 for the east side of Central. Streetscaping: Streetscaping is proposed to be assessed on a from foot basis for all property on both sides of Central from 37th to 43~a Avenues, excluding single-family parcels. Two rate zones have been established: a higher rate for the 'core' downtown area from 39~ to 41~t Avenues where the treatments will be more intense; and a lower rate from 37th to 39th and 41~t to 43rd Avenues as the treatments are less intense. The amount proposed to be assessed will be noticed as 50% of the total project costs. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 2/25/02 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: PUBLIC WORKS ITEM: ESTABLISHING THE PUBLIC BY: K. Hansen BY: IMPROVEMENT HEARING DATE FOR CENTRAL DATE: 2/21/02 DATE: AVENUE WATER SERVICES AND STREETSCAPING, CITY PROJECT 9912A, FOR MARCH 18, 2002. Continued - Page 2 A public informational meeting will be held in the council chambers on February 28~', 2002 at 6:30 pm to review the project with the corridor property/business owners and address any further questions they may have. Staff recommends establishing March 18t~, 2002, as the date for the public hearing for water services and streetscaping. Recommended Motion: Move to waive the reading of Resolution No. 2002-12, there being ample copies available for the public. Recommended Motion: Move to adopt Resolution No. 2002-12 being a Resolution calling for a Public Improvement Hearing on March 18, 2002 for the Central Avenue Water Services and Streetscaping improvements, Project 9912A. ~.'jb Attachments: Resolution COUNCIL ACTION: RESOLUTION NO. 2002-12 BEING A RESOLUTION CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR CENTRAL AVENUE WATER SERVICES AND STREETSCAPING IMPROVEMENTS PROJECT 9912A WI-IEREAS, pursuant to Resolution 2001-04, adopted by the City Council on January 22, 2001, a report has been prepared by Mr. Kevin Hansen, City Engineer, with reference to the following improvements: CITY PROJECT 9912A: CENTRAL AVENUE WATER SERVICES AND STREETSCAPING IMPROVEMENTS FROM 37TM AVENUE TO 43~ AVENUES and this report was received by the Council on March 12~, 2001, but postponed due to project development issues, WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (frontage and/or parcel unit) as well as non-abutting property (frontage basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $895,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on March 18, 2002, in the Council Chambers located at 590 40~ Avenue N.E. at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 25t~ day of February, 2002. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Patricia Muscovitz, Deputy City Clerk COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 25, 2002 AGENDA SECTION: Consent ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 5-A-3 CITY MANAGER' S APPROVAL ITEM: Establish Work Session Meeting BY: Walt Fehst BY'~, .\~-~, Dates for March 2002 DATE: February20, 2002 DALE: NO: It is recommended that Work Session meetings be scheduled for Monday, March 4, 2002 immediately following the 7:00 p.m. Zone 6A Street Reconstruction Improvement Heating in the City Council Chambers, and Monday, March 18, 2002 immediately following the 7:00 p.m. Central Avenue Improvement Hearing in the City Council Chambers. RECOMMENDED MOTION: MOTION: Move to establish Work Session meeting dates for Monday, March 4, 2002 immediately following the 7:00 p.m. Zone 6A Street Reconstruction Improvement Hearing in the City Council Chambers, and Monday, March 18, 2002, immediately following the 7:00 p.m. Central Avenue Improvement Heating in the City Council Chambers. COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: FEBRUARY 25, 2002 AGENDA SECTION: CONSENT ORIGINATING DEPT: CITY MANAGER NO: ~'- A ~/-1 ADMINISTRATION APPROVAL ITEM: TASTE OF COLUMBIA HEIGHTS BY: LINDA MAGEE BY: NO: DATE: 02/21/2002 ~~.-I ),2, The second annual Taste of Columbia Heights is coming up on Sunday, March 24, 2002. Again, this year, as last year, the Human Services Commission has organized the event. Although this commission is appointed by the City Council, the commission is not a legal entity and has no formal authority as a representative of the City of Columbia Heights. Subsequently, the Taste of Columbia Heights has never had any City Council approval or indication that it is a formally sanctioned event of the City. Therefore, it is ambiguous as to whether or not the City's insurance will cover the event. If it is the desire of the City Council for this event to be classified as a City sanctioned event, formal action should be taken. If such action is taken, this event would be covered under the City's liability insurance policy. This action would not eliminate the vendors from primary liability in the event but would ensure that the City is covered in the case of any negligence on their part. If it is not a City sanctioned event, then the entity responsible for the event must provide liability insurance coverage and a certificate of such for the rental of Murzyn Hall. As the Human Services Commission does not have insurance coverage, it is easier to simply classify this as a City sanctioned event and add it to the City's liability insurance coverage. RECOMMENDED MOTION: Move that the Taste of Columbia Heights be classified as a City sanctioned event for staff participation, insurance, and other purposes. WE:sms 0202212COUNCIL COUNCIL ACTION: COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: February 25,200 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGERS NO: ~'-~/~ - ~' CITY MANAGER APPROVAL Commuter Rail Project Cities with DATE: February 21,2001 DATE: Stations NO: Background: The Northstar Corridor Development Authority has requested an updated Resolution of on-going support of the Northstar Commuter Rail Project. As the City of Columbia Heights has previously adopted Resolution No. 97-29, supporting Multi- Modal Transportation Corridor Development, an updated resolution has been drafted. Recommended Motion: Move to adopt Resolution No. 2002-14, being a Resolution in support for the Northstar Commuter Rail Project Cities with Stations. COUNCIL ACTION: RESOLUTION NO. 2002-14 BEING A RESOLUTION IN SUPPORT FOR THE NORTHSTAR COMMUTER RAIL PROJECT CITIES WITH STATIONS Whereas, the City of Columbia Heights is a member of the Northstar Corridor Development Authority, established by Joint Powers Agreement in 1997; and Whereas, demographic projections indicate that growth patterns and traffic congestion in both the Twin Cities metropolitan area and the Northstar Corridor will increase dramatically in the next 20 years; and Whereas, the City of Columbia Heights supports Northstar commuter rail from Minneapolis to the St. Cloud/Rice area to help relieve pressure on an overburdened state highway system; and Whereas, the Northstar Corridor commuter rail project, when completed, will provide greater access to and from the City of Columbia Heights, allowing our residents to commute to and from jobs reliably and safely; and Whereas, Northstar Corridor commuter rail will provide a viable transportation alternative for City of Columbia Heights senior citizens on fixed incomes, students, and those with disabilities; and Whereas, the Hiawatha and bus connections will allow City of Columbia Heights residents access to other parts of the Twin Cities, such as the Minneapolis/St. Paul International Airport, Mall of America, and the University of Minnesota; and Whereas, City of Columbia Heights has endorsed the proposed station location by its approval of the Advanced Corridor Plan; and Whereas, the commuter rail station will provide the City of Columbia Heights with a focal point for transit oriented development and the oppommity to contain urban sprawl; and Whereas, the City of Columbia Heights' ongoing support for the Northstar Commuter Rail Project has been demonstrated by its active involvement in the Northstar Corridor Development Authority since 1997; Now, therefore, be it resolved that the City of Columbia Heights hereby reaffirms its support for the Northstar Commuter Rail Project; Now, therefore, be it further resolved, that the City of Columbia Heights requests that the Minnesota Legislature authorize $120 million in state bonds to provide a match for the Northstar Corridor Commuter Rail Project. Passed this __ day of February 2002. Offered by: Second by: Roll Call: Attest: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: February 25, 2002 AGENDA SECTION: _ ORIGINATING DEPT.: CITY MANAGER NO: 5 ~ ~'~; License Department APPROVAL ITEM: License Agenda BY: Shelley Hanso~"~. DATE: NO: DATE: February 21, 2002 BACKGROUND/ANALYSIS Attached is the business license agenda for the February 25, 2002 City Council meeting. This agenda consists of applications for Contractor licenses, a Tobacco Sales, a Secondhand Dealer, and a Temporary Beer License for 2002. Please note: Immaculate Conception is holding its second fundraising dinner event on April 13, 2002. They have requested a temporary On Sale Beer License for this date, and have requested that the City Council waive the fee of $100. 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 February 25, 2002 as presented. COUNCIL ACTION: TO CITY COUNCIL February 25, 2002 *Signed Waiver Form Accompanied Application 2002 BUSINESS LICENSE AGENDA CONTRACTORS LICENSES BLDG *Marsh Heating 6248 Lakeland Ave No, BP *Tim's Quality Plumbing 523 Central Ave Osseo *Richmond & Sons dba Golden Valley Htg 5182 W Broadway Greg Wills Exteriors 4246 Royce St, Col Hts $50.00 $50.00 $50.00 $50.00 POLICE CIGARETTE/TOBACCO SALES My Tobacco Store 4301B Central Ave $200.00 TEMPORARY BEER POLICE Immaculate Conception Church 4030 Jackson St NE WAIVE FEE ($100.00) SECONDHAND DEALER/MERCHANT POLICE,FIRE,BLDG TVI Inc dba Savers 4849 Central Ave $150.00 BRC FINANCIAL SYSTEM 02/21/2002 14:02:52 FUND RECAP: FUND DESCRIPTION 10t GENERAL 201 COMMUNITY DEVELOPMENT FUND 202 ANOKA COUNTY CDBG 203 PARKVIEW VILLA NORTH 204 ECONOMIC DEVELOPMENT AUTH 212 STATE AID MAINTENANCE 213 P~3IVIEW VILLA SOUTH 225 CABLE TELEVISION 235 RENTAL HOUSING 240 LIBRARY 250 COL HGHTS AFTER SCHOOL ENRI 276 LOCAL LAW ENFORCE BLK GRkNT 278 JUV]t~ILE JUSTICE GRANT 279 COPS: SCHOOL PARTNERSHIP 402 STATE AID CONSTRUCTION 412 CAPITAL IMPROVEMENT PARKS 415 CAPITAL IMPROVEMENT - PIR 601 WATER UTILITY 602 SEWER UTILITY 603 REFUSE FUND 604 STORM SEWER UTILITY 609 LIQUOR 701 CENTRAL GARAGE 720 DATA PROCESSING 880 PERMIT SURCHARGE 881 CONTRIBUTED PROJECTS-REC 884 INSURANCE 885 ESCROW 886 INVESTMENT TRUST 887 FLEX BENEFIT TRUST FUND TOTAL ALL FUNDS Check History DISBURSEMENTS 38,639.82 1,848.79 2,707.07 1,323.38 20,917.43 200.00 384.48 3,870.85 319.72 267.52 15.98 1,054.11 6,054.00 962.28 777.25 31.50 780.72 158,408.76 55,303.12 104,387.79 466.52 269,448.90 11,076.11 8,136.71 71.59 158.79 237.50 206,831.01 241,000.00 1,292.52 1,136,974.22 CITY OF COLUMBIA HEIGHTS GL060S-V06.40 RECAPPAGE GL540R BANK RECAP: BANK NAME BANK CHECKING ACCOUNT TOTAL ALL BANKS DISBURSEMENTS 1,136,974.22 1,136,974.22 BRC FINANCIAL SYSTEM 02/21/2002 14 Check History 02/25/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 1 BANK VENDOR CHECK NUMBER AMOUNT BA1CK CHECKING ACCOUNT AARP 96660 310.00 AID ELEC?RIC SERVICE INC 96661 148.50 ALL SAINTS SP~ DISTRIB 96662 365,50 AmA MINI{ SECTION HEALTH 96663 420,00 B;~CKEN/CHERYL 96664 25.00 BECK/SHERYL SCI{ULTE 96665 10.00 BELLBOY BAR SUPPLY 96666 122.37 BELLBOY CORPORATION 96667 6,577.17 CHISAGO LAKES DISTRIBUTI 96668 704.15 CHOICE POINT SERVICES 96669 168.00 CITY OF PLYMOI/C4 96670 120,00 CITY WIDE WINDOW SERVICE 96671 7,46 CLARK PRODUCTS INC 96672 523.50 COCA-COLA BOTTLING MIDWE 96673 1,011.05 COLLOVA/MEL 96674 55.75 COLUM]3IAHEIGHTS HOUSING 96675 19,000.00 EAGLE WINE COMPANY 96676 199.77 EAST SIDE BEVERAGE CO 96677 6,467,35 ELRITE/WILLIAM 96678 80.45 GAIL NYSTROM 96679 35.00 GENERAL PARTS & SUPPLY C 96680 57.22 GENUINE PARTS/NAPA AUTO 96681 35,37 GRIGGS-COOPER & CO 96682 667.40 HCMC TRAUMA SERVICES 96683 50.00 HOHENSTEINS INC 96684 254.80 IKON OFFICE SOLUTION 96685 144.25 JOHlqSON BROS. LIQUOR CO. 96686 13,302.68 KUETHER DIST. CO. 96687 13,543.40 LARKIN/JOHN 96688 578.83 MARK VII DIST. 96689 3,268.58 MN REC & PKASSOC - MRP 96690 575.00 MN RURAL WATER ASSOC 96691 200,00 MN STATE FIRE MARSHALL 96692 40.00 MN STATE TREAS BUILDING 96693 71,59 MN UTILITY CONTRACTORS A 96694 360,00 MTI UNIVERSITY 96695 650,00 MUSCOVITZ/PATRICIA 96696 15.98 NEI COLLEGE OF TECHlqOLOG 96697 533,32 NORTH CENTRAL AMBULANCE 96698 47.06 NORTH STAR ICE 96699 145.92 OLYNYK/PAT 96700 67.11 PAUSTIS & SONS 96701 710.00 PETTY CASH - I<AREN MOELL 96702 91,15 PETTY CASH - KELLY BECKE 96703 15.98 PETTY CASH - MARY DUGDAL 96704 162.92 QUALITY WINE & SPIRITS 96705 7,361.95 QWEST COMMUNICATIONS 96706 248.02 BRC FINANCIAL SYSTEM 02/21/2002 14 Check History 02/25/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 2 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT RATHBUN/NANCY 96707 35.00 STAR TRIBUNE 96708 1,356.62 VERIZON WIRELESS 96709 242.43 VOSS LIGHTING 96710 51.31 AT & T CONSUMER LEASE 96711 47.82 BELLBOY BAR SUPPLY 96712 81.52 CHISAGO LAKES DISTRIBUTI 96713 33.15 DEFENSE EDGE 96714 195.00 DUGDALE/MARY 96715 39.99 EAGLE WINE COMPANY 96716 1,354.28 EAST SIDE BEVERAGE CO 96717 7,454.00 FLAHERTYS HAPPY TYME COM 96718 523.60 GENUINE PARTS/NAPA AUTO 96719 120.77 GRIGGS-COOPER & CO 96720 19,111.64 IAPMO MINNESOTA CHAPTER 96721 20.00 JOHNSON BROS. LIQUOR CO. 96722 17,022.97 JOHNSON PAPER & SUPPLY C 96723 180.12 ~Z/IRENE 96724 127.16 KUETHER DIST. CO. 96725 2,125.80 LARSON/ROY 96726 1,215.00 MAC QUEEN EQUIPMENT CO. 96727 100.00 MARK VII DIST. 96728 1,927.82 MINNF2~POLIS FINANCE DEPT 96729 75.00 MN DEPT OF HEALTH 96730 32.00 MN POLLUTION CONTROL AGE 96731 23.00 MOELLER/KAREN 96732 158.79 NORTHEAST STATE BANK 96733 241,000.00 PAUSTIS & SONS 96734 821.99 PHILLIPS WINE & SPIRITS 96735 17,740.46 PRATT/BARB 96736 39.68 PRIOR WINE 96737 706.36 QUALITY WINE & SPIRITS 96738 13,996.01 RAPID GRAFHICS & MAILING 96739 4,491.00 RELIANT ENERGY MINNEGASC 96740 166.51 SYNOWCZSKI/STEVE 96741 83.95 TABOR & SONS ROOFING 96742 650.00 AFFINITY PLUS FEDERAL CR 96743 584.77 AFSCME 96744 1,000.55 DELTA DENTAL 96745 4,682.45 FIRST COMMUNITY CREDIT U 96746 2,380.00 IC~A RETIREMENT TRUST 45 96747 13,635.78 MEDICA SENIOR 96748 846.60 MN CHILD SUPPORT PAYMENT 96749 674.70 NCPERS GROUP LIFE INS 39 96750 318.00 ORCHARD TRUST COMPANY 96751 7,940.50 PERA 96752 27,568.36 RAMSDELL SCHOLARSHIP FUN 96753 54.25 BRC FINANCIAL SYSTEM 02/21/2002 14 Check History 02/25/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 3 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT RELI~TAR EMPLOYEE BENEF 96754 2,075.60 UNION 49 96755 580.00 UNITED WAY 96756 39.00 VANTAGEPOINT TRANSFER - 96757 225.00 WELLS FARGO - PAYROLL AC 96758 145,205.43 WI DEPARTMENT OF REVENUE 96759 312.54 MINNEAPOLIS FINANCE DEPT 96760 147,264.75 PC SOLUTIONS 96761 4,307.42 ACE F~RDWARE 96762 322.15 ADI-ADEMCO DISTRIBUTION 96763 49.03 ALL SAFE FIRE & SECURITY 96764 40.85 AMERICAN TESTING CENTER 96765 435.00 AMERICAN WATER WORKS ASS 96766 186.00 ANO]{A COUN~I'Y 96767 61.57 ~ACHE GROUP OF MN 96768 560.50 AT & T WIRELESS 96769 35.10 BARNAGUZY & STEFFEN LTD 96770 15,076.05 BATTERY CITY INC 96771 118.51 BAUER BUILT TIRE & BATTE 96772 710.55 BELLBOY BAR SUPPLY 96773 41.52 BELLBOY CORPORATION 96774 5,595.66 BFI/WOODLAKE SANITARY SE 96775 103,861.11 BIFF'S,INC. 96776 772.99 BLACKBURN MANUTA COMPANY 96777 169.59 BOYER TRUCK PARTS 96778 174.12 BROCK WHITE CO. 96779 320.36 CADD/EMGINEERtNG SUPPLY 96780 46.33 CAMDEN PET HOSPITAL 96781 964.00 CATCO PARTS SERVICE 96782 8.79 CENTER FOR ENERGY/ENVIRO 96783 125.00 CHERNIN/ALEKSANDR 96784 170.00 CHISAGO LAKES DISTRIBUTI 96785 5,351.78 COCA-COLABOTTLING MIDWE 96786 782.15 COMMERS 96787 52.19 COMPUSA - MINNETONKA 96788 243.82 COMPUTER SYSTEM PRODUCTS 96789 531.51 CONNELLY INDUSTRIAL ELEC 96790 485.75 CREIGHTON BRADLEY GUZZET 96791 3,663.39 CRYSTEEL TRUCK EQUIPMENT 96792 627.49 CSC CREDIT SERVICES 96793 25.00 DALCO ENTERPRISES INC 96794 332.43 DANKA 96795 285.82 DAVIES-NORTHERN WATER WK 96796 356.24 DELEGARD TOOL CO. 96797 30.78 EAST SIDE BEVERAGE CO 96798 10,224.80 EMBROIDERY & MORE 96799 200.31 FIELD/MATTHEW 96800 800.00 BRC FINANCIAL SYSTEM 02/21/2002 14 Check History 02/25/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 4 BANK VENDOR CHECK NUMBER AMOUNT BANK CHECKING ACCOUNT FIRE DEPARTMENT INSTRUCT 96801 420.00 FOCUS NEWSPAPERS 96802 877.14 FRIDLEY/CITY OF 96803 6,000.00 G & K SERVICES 96804 407.73 GENERAL REPAIR SERVICE 96805 1,011.75 GENUINE PARTS/NAPA AUTO 96806 228.87 GRIGGS-COOPER & CO 96807 12,618.92 HAB INC 96808 200.00 REINRICH ENVELOPE CORP 96809 231.00 HOHENSTEINS INC 96810 13,368.45 HOME DEPOT #2802 96811 501.10 INDUSTRIAL DOOR CO INC 96812 2,890.00 INSTRUMENTAL RESEARCH IN 96813 156.40 INTEGRATED LOSS CONTROL 96814 1,204.00 IPC PRINTING 96815 593.75 JACKS SMALL ENGINE INC 96816 2,128.64 JAY BROTHERS INC 96817 2,306.82 JOi{I~SON BROS. LIQUOR CO. 96818 4,960.75 KMART 96819 23.35 KENNEDY & GRAVEN 96820 967.01 KUETHER DIST. CO. 96821 54,186.80 LADEN'S BUSINESS MACHINE 96822 26.09 LEAGUE OF MINNESOTA CITI 96823 150.00 MAC QUEEN EQUIPMENT CO. 96824 63.03 MARK VII DIST. 96825 22,656.95 MARUDAS PRINTING 96826 1,224.75 MEDTOX LABORATORIES, INC 96827 115.50 MEDTRONIC PHYSIO CONTROL 96828 209.56 MENARDS CASHWAY LUMBER-F 96829 84.83 METRO AREA MANAGEMENT AS 96830 45.00 METROPOLITAN COUNCIL WAS 96831 53,759.20 MGS PROFESSIOAL BUILDING 96832 180.00 MINNEAPOLIS OXYGEN CO. 96833 5.28 MINNEAPOLIS SAW CO. 96834 49.39 MINNESOTA DEPARTMENT OF 96835 8,253.00 MINNESOTA REVENUE 96836 50.00 MN COMM PAGING 96837 67.37 MN STATE FIRE MARSI~ALL 96838 160.00 NEEDHAM DISTRIBUTING CO 96839 555.75 NORTH STAR ICE 96840 134.64 NORTHE~I~ TOOL & EQUIPMEN 96841 22.11 NOTT CO 96842 37.28 OFFICE DEPOT 96843 1,453.46 ONE-CALL CONCEPT-GOPHER 96844 60.45 ONVOY 96845 24.95 OVERBY/MICHELLE 96846 962.28 PAM OIL INC 96847 306.86 BRC FINANCIAL SYSTEM 02/21/2002 14 Check History 02/25/2002 COUNCIL LISTING CITY OF COLUMBIA HEIGHTS GL540R-V06.40 PAGE 5 BANK VENDOR CHECK NUMBER AMOUI~ BAI~K CHECKING ACCOUNT PARK SUPPLY INC 96848 149.59 PC SOLUTIONS 96849 4,246.39 PEPSI-COLA-7 UP 96850 263.07 REGION TRUCK EQUIPMENT I 96851 45.31 SAMS #6310 96852 15.00 SARATOGA CO. 96853 96.00 SCHELEN GRAY ELECTRIC 96854 279.58 STREICHER'S GUN'S tNC/DO 96855 88.82 SUN PUBLICATION 96856 128.70 SURPLUS SERVICES 96857 45.00 TAUTGES, REDPATH, & CO., 96858 6,635.20 TROPHIES BY LINDA 96859 131.00 TRUCK UTILITIES COMPANY 96860 2,323.30 VAN-O-LITE 96861 70.00 VERIZON WIRELESS 96862 51.05 VIKING ELECTRIC SUPPLY 96863 31.76 1,136,974.22 *** CITY COUNCIL LETTER Meeting of February 25~ 2002 AGENDA Public Hearings ORIGINATING DEPARTMENT: CITY MANAGER SECTION: Fire APPROVAL ITEM: Close Heating BY: Charlie Thompson BY.~.~ ~/-~.~ Rental License Revocation DATE: February 20, 2002 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Mohsen Dessouki regarding rental property at 4610-4612 Fillmore Street for failure to meet the requirements of the Residential Maintenance Code was scheduled to commence at the City Council meeting of February 25, 2002. The public heating on this property may now be closed in that the property owner has corrected all deficiencies inside the building and has received an extension to complete the work on the outside of the building. RECOMMENDED MOTION: Move to Close the Public Heating Regarding the Revocation or Suspension of the Rental License Held by Mohsen Dessouki Regarding Rental Property at 46104612 Fillmore Street in that the Property Owner has corrected all defieceincies inside the building and has received a extension to complete the work on the outside of the building. COUNCIL ACTION: CITY COUNCIL LETTER Meetin of: Februar~ 25, 2002 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS --]. ~ A_ ~ DEPARTMENT: MANAGER'S NO: CITY MANAGER'S ~ APPROVAL I TEM:RESOLUTION2002-10, RATEORDER- BY: L INDAL. M~tGEfl~/~' B~A~E.~~~ BASIC PROGRAMMING RATES & DATE: 2-22-02 v]~ RESOLUTION 2002-11, RATE ORDER-~[ I ' EQUIPMENT AND INSTALLATION RATES NO: On March 1, 2001, AT&T Broadband filed FCC Form 1240 with the City of Columbia Heights, Minnesota (the "City") to justify its proposed maximum permitted basic cable service rate of $9.19. The company also filed FCC Form 1205 to justify proposed rates and charges for equipment (i.e., converters and remote controls) and installation activities. To assist the City in reviewing the Forms 1240 and 1205 submitted by AT&T Broadband, the City's cable television attorneys, Creighton, Bradley & Guzzetta, LLC, retained Ashpaugh & Sculco, CPAs, PLC ("A&S") to analyze AT &T Broadband's rate filing in order to determine whether the company calculated basic service programming rates, equipment rates and installation charges that comply with Federal Communications Commission rules and decisions. A&S's analysis ofAT&T Broadband's Forms 1240 and 1205 began in June 2001, and continued into January 2002. As part of its rate review, the City held a public heating on November 13, 2001, to permit interested persons to express their views on the basic service programming and equipment rates and installation changes AT&T Broadband calculated in its March 2001 rate filing and implemented in July 2001. After completing their review of the Forms 1240 and 1205, City staff entered into discussions with AT&T in an attempt to resolve outstanding issues. As a result of these discussions, AT&T Broadband agreed to decrease by 8 cents the maximum permitted basic service rate that could otherwise lawfully be calculated in the FCC Form 1240 that will be filed with the City on March 1, 2002. This change effectively reduces the highest basic service rate AT&T Broadband could choose to charge subscribers in the City during the upcoming rate period. For the period from July 1, 2002, through June 30, 2003, AT&T Broadband also agreed to charge a monthly addressable and digital converter rate that does not exceed the company's national average rate for addressable and digital converters (give or take $0.05). This adjustment should reduce by over $2.00 the maximum converter rate subscribers could be required to pay. Two separate rate orders (resolutions) have been prepared for the City Council's consideration - one for basic cable service rates and one for equipment rates and installation charges. These orders reflect the rate adjustments described above, which resulted from the City's review of AT&T Broadband's FCC Forms 1240 and 1205. The City Council must adopt rate orders by February 28, 2002, in order to preserve its rights under FCC rules; if it fails to act by February 28, the City may not order refunds or a prospective rate reduction at a later date. The two rate orders are attached for your review. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: Februar, 25, 2002 AGENDA SECTION: ORDINANCES AND ORIGINATING CITY RESOLUTIONS DEPARTMENT: MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: RESOLUTION 2002-10, RATE ORDER- BY: LINDA L. MAGEE BY: BASIC PROGRAMMING RATES & DATE: 2-22-02 DATE: RESOLUTION 2002-11, RATE ORDER- EQUIPMENT AND INSTALLATION RATES NO: Page 2 At the Telecommunications Commission meeting of February 21, 2002, the commission recommended that the City Council adopt Resolution 2002-10 and Resolution 2002-11. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2002-10, being an Order Regarding the Maximum Permitted Basic Programming Service Rate Set Forth in the Federal Communications Form 1240 Filed by AT&T Broadband on or about March 1,2001. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 2002-11, being an Order Regarding the Maximum Permitted Equipment and Installation Rates Set Forth in the Federal Communications Commission Form 1205 Filed by AT&T Broadband on or about March 1,2001. COUNCIL ACTION: RESOLUTION NO. 2002-10 ORDER REGARDING THE MAXIMUM PERMITTED BASIC PROGRAMMING SERVICE RATE SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1240 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2001 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for basic cable service; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp. d/b/a AT&T Broadband (hereinafter "AT&T") filed with the City an FCC Form 1240 "Updating Maximum Permitted Rates for Regulated Cable Services" (hereinafter the "2001 FCC Form 1240"), dated March 1, 2001, purporting to set forth and justify the rate it proposed to charge to subscribers in the City for basic cable service; and WHEREAS, the City's legal counsel retained Ashpaugh & Sculco, CPA's, PLC (hereinafter "A&S") to assist the City in reviewing and analyzing AT&T's 2001 FCC Form 1240; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1240, and held a public hearing to solicit the views of interested persons; and WHEREAS, City staff and AT&T have resolved all outstanding issues arising out of the review and analysis of the 2001 FCC Form 1240; and WHEREAS, the rate set forth herein will govern AT&T's basic service rate until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved by the City Council of the City of Columbia Heights: 1. AT&T's maximum permitted rate for basic cable service, as calculated in the 2001 FCC Form 1240, is hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rate set herein, nor increase that rate, unless such rate is first filed with and approved by the City, in accordance with applicable law and regulations, including but not limited to the notice requirements imposed by 47 C.F.R. § 76.932, or as otherwise expressly permitted under applicable law and regulations. 3. AT&T may charge rates less than the maximum permitted rate indicated above for basic service, as long as such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. 4. In its next FCC Form 1240, which will be filed with the City on or about March 1, 2002, AT&T agrees to subtract 8 cents from the maximum permitted basic service rate that could otherwise lawfully be calculated. 5. This Order is based on the representations of AT&T. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City disagrees with the findings and analyses set forth in the January 29, 2002, report prepared by A&S. 6. The City reserves all of its rights with respect to rate regulation. 7. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 8. This Order shall be effective immediately upon its approval by the City. This Order shall be released to the public and to AT&T, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this ~ day of ,2002. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 2 RESOLUTION NO. 2002-11 ORDER REGARDING THE MAXIMUM PERMITTED EQUIPMENT AND INSTALLATION RATES SET FORTH IN THE FEDERAL COMMUNICATIONS COMMISSION FORM 1205 FILED BY AT&T BROADBAND ON OR ABOUT MARCH 1, 2001 WHEREAS, under Section 623 of the Cable Communications Policy Act of 1984, 47 U.S.C. § 543, as amended, the City of Columbia Heights, Minnesota (hereinafter the "City") is permitted to regulate rates for equipment and installations; and WHEREAS, the City is certified as a rate regulation authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"); and WHEREAS, MediaOne North Central Communications Corp. d/b/a AT&T Broadband (hereinafter "AT&T") filed with the City an FCC Form 1205 "Determining Regulated Equipment and Installation Costs, 'Equipment Form'" (hereinafter the "2001 FCC Form 1205"), dated March 1,2001, purporting to set forth and justify the rates it proposed to charge to subscribers in the City for equipment and installations; and WHEREAS, the City's legal counsel retained Ashpaugh & Sculco, CPA's, PLC (hereinafter "A&S") to assist the City in reviewing and analyzing AT&T's 2001 FCC Form 1205; and WHEREAS, the City, with the assistance of A&S, reviewed the 2001 FCC Form 1205, and held a public hearing to solicit the views of interested persons; and WHEREAS, City staff and AT&T have resolved all outstanding issues arising out of the review and analysis of the 2001 FCC Form 1205; and WHEREAS, the rates set forth herein will govern AT&T's equipment rates and installation charges until AT&T lawfully implements a further rate change pursuant to applicable FCC regulations. NOW, THEREFORE, the following is resolved by the City Council of the City of Columbia Heights, Minnesota: 1. AT&T's operator selected rates and charges for equipment and installation, as calculated in the 2001 FCC Form 1205, are hereby approved. 2. AT&T shall not charge any rate higher than the maximum permitted rates set in the 2001 FCC Form 1205. 3. AT&T may charge rates less than the maximum permitted rates indicated in the 2001 FCC Form 1205 for equipment and installation, as long as-such rates are applied in a uniform and nondiscriminatory way, pursuant to applicable federal, state and local laws and regulations. 4. Notwithstanding paragraphs 2 and 3, nothing in this Order shall be construed as a finding that the City has accepted AT&T's filed maximum permissible equipment rates and installation charges as correct. 5. For the period from July 1, 2002, through and including June 30, 2003, AT&T shall charge a monthly "all other converter rate" (addressable and digital converters) that does not exceed AT&T's national average rate for addressable and digital converters. This requirement will be met to the extent that the local "all other converter rate" in the City does not vary by more than $0.05 above the national average. 6. This Order is based on the representations of AT&T. Should information come to the City's attention that these representations were inaccurate in any material way, the City reserves the right to take appropriate action. This Order is not to be construed as a finding that the City disagrees with the findings and analyses set forth in the January 29, 2002, report prepared by A&S. 7. The City reserves all of its rights with respect to rate regulation. 8. This Order constitutes the written decision required by 47 C.F.R. § 76.936(a). 9. This Order shall be effective immediately upon its approval by the City. 10. This Order shall be released to the public and to AT&T, and a public notice shall be published stating that this Order has been issued and is available for review, pursuant to 47 C.F.R. § 76.936(b). Passed this ~ day of ,2002. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 2 COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: February 25, 2002 AGENDA SECTION: ORIGINATING CITY DEPARTMENT: Community MANAGER'S NO: "~- ~'- ~ Development APPROVAL ITEM: Approving the Process of Selecting a BY: Randy Schumacher BY.' / ~//'~,,~ Development Consultant to Assist the City/EDA in DATE: February 21, 2002 preparing a Detailed Request for Proposal (RFP) BACKGROUND: The number one Community Development Department Goal for 2002 relates to the redevelopment of Industrial property in Columbia Heights. Staff has met with representatives from The Beard Group, Dunbar Development, John Allen Industrial Equities, and Welch Companies, and additional meetings have been scheduled with GSR Development, Hartford Company, United Properties and Opus. All of these companies have well, established credentials in the Twin Cities area and are capable of quality redevelopment projects. Most importantly, all have shown interest in the redevelopment of the industrially zoned property in the southwest part of the City. In a February 6th meeting with representatives of the Welsh Companies, the discussion centered on possible approaches for handling the process of or redevelopment of the industrial area near 37th and University. One approach would be to gather more site information through the CDBG grant and a Phase 1 Environmental Report before proceeding with a detailed Request for Proposal (RFP), while the other approach would focus on moving forward with a Request for Qualifications (RFQ), selecting a firm to work with immediately on the planning grant and Phase I. The Welsh Company has outlined the pros and cons of both approaches. The RFQ is a faster, streamlined process than the RFP, and if the RFQ process does not produce an acceptable partner, then the RFP process can proceed with no loss of time. RECOMMENDATION: Due to the funding uncertainty of the planning funds at Anoka County, staff recommends the City Council approve the process of selecting a development consultant to assist and City/EDA in preparing a detailed RFP seeking developers for the redevelopment designated Commercial and Industrial areas. Furthermore, authorize staff to coordinate the Request for Qualifications (RFQ) process for the City Council to evaluate and select such consultants. RECOMMENDED MOTION: Move to Approve the Process of Selecting a Development Consultant to Assist the City/EDA in preparing a Detailed Request for Proposal (RFP) seeking developers for the redevelopment of designated Commercial and Industrial areas; and furthermore, to authorize staff to coordinate the Request for Qualifications (RFQ) process for the City Council to evaluate and select such consultants. Attachments COUNCIL ACTION: :\Consent2002\CL Recommendation for RFQ Date: From: TO: Subject: 2/8/02 6:00 PM Bob Long Randy Schumacher Comments for Report on Development Process Randy, Dave Stokes and I enjoyed meeting with you, Walt, Mark and your other staff member whose name escapes me on Wed. As promised, I am preparing for you a very rough draft of comments on the Pros and Cons of two different approaches to the development process for the 37th and University site. Option A: Select Development Consultant to Assist the City/EDA in Preparing a Detailed RFP for Developers Seeking Redevelopment Proposals for the 37th and University Site. PROS 1.This option would allow the City/EDA to gather sufficient information about the site and the redevelopment opportunities there, with financial feasibility analysis, to prepare a sufficiently detailed RFP that would best ensure quality responses from developers that address the City/EDA's vision for the site. 2.Without this more detailed RFP, Developers may be reluctant to spend their time and money responding to a generalized RFP. 3.This option may save the City/EDA more time in the long run by getting good RFP responses the first time around. 4.This option would save city staff time and resources by relying on the outside consultant to do the necessary work to prepare the RFP. CONS 1.This option might take longer than just preparing an RFP to be sent out to developers and getting responses immediately. 2.This option would create some additional cost. If planning grant money isn't available, the City/EDA would have to pay the cost. Option B: City/EDA Staff Prepares Basic RFP With No Detailed Site Analysis to Solicit Redevelopment Proposals for the site. Pros: 1.This option could create a faster timeline for receiving development proposals. 2.This option would not require any City/EDA or grant funds(other than staff time). 3.This option could give the City/EDA the quickest idea of what the private market is willing to build on the site. CODS: 1.The RFP under this option could be so vague that it does not produce good responses from developers. 2.The option would give the Developers a greater influence in determining what goes on the site because the City/EDA will not have its own independent analysis of the site. 3.This option could actually take more time than Option A if the streamlined RFP process does not produce good developer responses. I hope these fairly general comments help you in presenting the options to the EDA Board. Let me know if I can be of further assistance. Bob Long Welsh Companies 401 North Robert Street, Suite 225 St. Paul, MN 55101 Tel: 651.665.1139 Fax:651.665.5394 E-Mail:blong@welshco.com H: \CommunityDevelopment\Welsch Report on Development Process COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF JANUARY 15, 2002 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by Executive Director, Walt Fehst, at 7: I 1 p.m., Tuesday, January 15, 2002, in the Park, view Villa Community Room B, 965 40t~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Robert Ruettimann, Patricia Jindra, Marlaine Szurek, Gary Peterson, Julienne Wyckoff, and Bruce Nawrocki Commission Members Absent: Bobby Williams Staff Present: Walt Fehst, Executive Director Randy Schumacher, Acting Community Development Director Anita Kottsick, Parkview Villa Housing Administrator Cheryl Bakken, Secretary OATH OF OFFICE The Oath of Office was administered by Walt Fehst for the re-appointment of Robert Ruettimann. ELECTION OF OFFICERS MOTION by Peterson, seconded by Wyckoff, for a unanimous vote of Robert Ruettimann, President; Pat Jindra, Vice President; Gary Peterson, Treasurer; Cheryl Bakken, Secretary ex-officio; William Elrite, Assistant Treasurer ex-officio; Randy Schumacher, Assistant Secretary ex-officio. All Ayes. MOTION CARRIED. President Vice President Treasurer Secretary Assistant Treasurer Assistant Secretary Robert Ruettimann Pat Jindra Gary Peterson Cheryl Bakken, Community Development Secretary William Elrite, Finance Director/City Clerk Randy Schumacher, Acting Deputy Executive Director 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). Ao Adopt the consent agenda items as listed below. 1) Approval of Minutes - regular meeting of December 18 and Special Meeting of December 17, 2001 2) Financial Report and Payment of Bills a. Financial Statement - December, 2001 b. Payment of Bills - December, 2001 MOTION by Nawrocki, second by Szurek, to adopt the consent agenda items as listed. All ayes. Motion Carried. Nawrocki again, requested the Financial Report be revised. Ruettimann clarified that Bill Elrite, Finance Director, has this task on his list of things to do and the Board should see something in the next month or so. Economic Development Authority (EDA) Minutes January 15, 2002 Page 2 of 5 Report of Management Kottsick reported on December 24, Elevator #2 was down and was reset the same day, and a clamp was replaced on the weekend of December 29~. Elevator #1 had a broken clamp, which prevented the door from shutting tight. Today the circulating pump seized up, which started the fire alarm and the middle fire doors didn't close. Kottsick expressed her concerns that Parkview isn't getting the proper service as listed in the contract and maybe the EDA should look for another company to perform the services. Afier some discussion, Ruettimann asked Fet~t to meet with Kottsick and the contractor to discuss the maintenance services that should be provided under our contract. Nawrocki suggested staff draft an agreement of expectations between the EDA and the service company prior to the meeting. Kottsick indicated the original applications for Parkview Villa South do not ask if they would like to be put on a waiting list for a wheelchair accessible unit. It, however, is asked on the annual update. She will add it to the Parkview Villa South application. Administrative Report The North building will have its Annual Inspections starting around the end of January. Kottsick will be on vacation the week of January 21", but will be within paging range. Karl Wilson and Mary Milsten will be in the office to assist residents. Shirley Barnes, CEO, Crest View Corporation announced the Ground Breaking Ceremony for the 50 Unit Senior Assisted Living Facility will be held February 6, 2002 at 11:00 a.m. Szurek asked if the Management Report and Citizen Forum would be changed to the HRA for all future meetings. Schumacher clarified that Parkview Villa issues will be under the HRA starting in February at which time the bylaws will be revised to reflect the transfer of duties. Citizens Forum Barbara Camp, Apartment 608, indicated the snow has not been removed from the sidewalk on 4t7~ Avenue, and also wanted to commend Anita Kottisk on the excellent job she did last year of managing Parkview Villa. Fehst stated that Public Workx is suppose to clear the walkway and will make sure it is taken care of in the future. Reuben Baker, Apartment 206, requested someone check into two issues; 0 there is a hole left by the cable company just before the alley behind Parkview; and 2) the road is pitted on 40t* and Central going northbound. Fehst will check into these issues also. Peterson recommended if residents see these types of problems, they should contact the City right away. ITEMS FOR CONSIDERATION Presentation by the Greater Metropolitan Housing Corooration Schumacher indicated staff met with Jennifer Bergman, Program Director for the Greater Metropolitan Housing Corporation (GMHC) to discuss their Housing Resource Center Program. The program provides free housing services like guidance in purchasing a home, financing, refinancing, or the construction/renovation process through two local offices in Northeast Minneapolis and Shoreview. Economic Development Authority (EDA) Minutes January 15, 2002 Page 3 of 5 Residents would be able to discuss their individual situation with the Resource Center staff, who will recommend the most effective program available, and assist them through each step of the process. Staff recommended the EDA Board approve an agreement with GMHC to participate in the Housing Resource Center, including the MI-IFA Rebate Program. He then introduced, Jennifer Bergman and Carolyn Olson from GMHC to explain the programs they offer. Carolyn Olson, Program Director gave the Board some background on GMHC. She stated the Greater Metropolitan Housing Corporation expands the housing resources to residents in the Twin Cities. They are a private non-profit organization, offer upfront redevelopment loans at a low interest rate to non- profit organizations, can provide major renovations to blighted homes, process commercial loans if they have homes attached to them, provide a total service package to residents, monitor of construction, permits and licensing of contractors, etc. just to name a few. Bergman explained that Columbia Heights could "piggyback" onto a new MHFA Rehab Incentive program that GMHC is developing for the North Metro 35W Corridor Coalition that would provide a cash rebate to homeowners who complete home improvement projects calculated as a percentage of construction. Homeowners with incomes at or below 50% of the median get a rebate of 15%; incomes between 50% and 80% receive 12%; incomes between 80% and 115% receive 10% with a maximum rebate of $3,000. The cost for Columbia Heights signing onto the program would be $10,000. Nawrocki negotiated with Bergman to pro-rate the cost of the program due to the fact that it will take approximately three months for them to set it up. Ruettimann indicated the program would fit nicely into the City and EDA 's Goals for the future. Motion by Peterson, second by Wyckoff, to enter into an Agreement with the Greater Metropolitan Housing Corporation (GMHC), to participate in the Housing Resource Center Program. Upon Vote: Jindra- aye, Peterson- aye, Nawrocki- aye, Szurek- aye, Wyckoff- aye, Ruettimann- aye. Motion Carried. Nawrocki asked Bergman to provide the Board with a list of homes built by GMHC. Staff.will obtain the document from Bergman and distribute to the Board. Aporove Application 1998-05, CDBG Housing Rehabilitation Prot, ram Schumacher reported the Center for Energy and Environment (CEE) has prepared a Community Development Block Grant for housing rehabilitation at 4959 5tn Street NE in the total amount of $11,520 to replace windows and doors, plumbing and flooring work, as well as make health and safety improvements to the property. The application needs Board approval and then it will be submitted to Anoka County for reimbursement. MOTION by Peterson, second by Szurek, to approve the CDBG Housing Rehabilitation Deferred Grant/Loan Application for Grant #C 1998-05 in the amount of $11,520 for housing rehabilitation to Lloyd's Home Improvement, and the Center for Energy and Environment, subject to meeting all program requirements; and furthermore, to direct staff to submit the loan application to Anoka County and to authorize all related expenses to be reimbursed from Fund 202-46350-4600/3050. All ayes. Motion Carried. Economic Development Authority (EDA) Minutes January 15, 2002 Page 4 of 5 Acquisition of 3722 Central Avenue N.E. Schumacher indicated in June o,f 2000, the EDA Board made a decision to use Community Development Block Grant Funds to purchase non-con-forming single--family homes along Central,4venue for redevelopment purposes. The property at 3722 Central was appraised at $89,000 by Malcom Watson using a sales comparison approach. Due to the non-conforming use o,f the home Watson reduced the value by $16,500, which brought the appraisal down to $72,000. The owner at 3722 Central Avenue agreed on a purchase price o,f$80, 000 with an allocation o,f $1,500 for moving expenses. Staff drafted the Purchase Agreement, Rent Back Agreement, and Waiver of Relocation Benefits. Staff recommended the ED,4 Board make recommendation_to City Council-for approval ora Resolution authorizing the purchase o,f 3 722 Central Avenue for $80,000, with $1,500 additional funds,for moving expenses.from the Community Development Block Grant Commercial Revitalization-fund. MOTION by Peterson, second by Szurek, to recommend to the Columbia Heights City Council, the adoption of a Resolution to purchase the property at 3722 Central Avenue for $80,000 and funds to be taken from the Community Development Block Grant Commercial Revitalization account and in addition, to allocate $1,500 for moving expenses from the same CDBG Fund. Upon Vote: 3'indra- aye, Peterson- aye, Nawrocki- Nay, Szurek- aye, Wyckoff- aye, Ruettimann- aye. Motion Carried. Nawrocki stated that because the EDA does not have a stated purpose,for the property he voted against the motion. Ruettimann stated that an opportunity arose.for the City to move forward with commercial redevelopment, there-fore, he voted in-favor o,f the motion. Fehst indicated this is one of the top 5priorities on the 2002 Goals list that was established a week ago. ADMINISTRATIVE REPORTS Center for Energy_ and Environment Agreement Schumacher indicated that CEE has negotiated an agreement for the EDA with Anoka County to extend the Rehabilitation Grant funds for three more months, which would give CEE time to finalize the last three grants. Development of Lomianki Park Fehst indicated he met with Bruce Nedegaard in regards to the development o,f the south side of Lomianki Park. Nedegaard would like a six month agreement from the City for redevelopment purposes to allow predevelopment plans for a townhome development. Fehst will provide Councilmembers in-formation prior to the worksession. Nawrocla' indicated he met with a developer and felt they would be very qualified to bid on work in the City. Fehst stated that when the City Council makes the decision to move forward with the bidding process we will make sure that the developer gets a copy sent to them. Ruettimann stated that he.felt the 2002 Goals developed-from the planning meeting that was held, not be published in the Heights Happening, as nothing on the list has officially been decided upon, and may cause some confusion and speculation by residents. Fehst and Schumacher will discuss this further be-fore deciding what will be published. Economic Development Authority (EDA) Minutes January 15, 2002 Page 5 of 5 MEETINGS The next EDA meeting is scheduled £or 6:30 p.m., Tuesday, February 19, 2002 in Community Room B at Park-view Villa. ADJOURNMENT President, Ruettimann, adjourned the meeting at 9:02 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H:\ EDAminute s2002\ 1- ! 5-2002 HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JANUARY 15, 2002 CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Walt Fehst, Executive Director at 6:36 p.m., Tuesday, January 15, 2002, in the Parkview Villa Community Room B, 965 40t~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Marlaine Szurek, Gary Peterson, Julienne Wyckoff, Bruce Nawrocki, and Dennis Ecklund Bobby Williams Walt Fehst, Executive Director Randy Schumacher, Acting Deputy Exec. Director Anita Kottsick, Parkview Villa Housing Administrator Cheryl Bakken, Community Development Secretary Oath of Office The Oath of Office was administered by Fehst to Dennis Ecklund Jr., a Parkview Villa resident. Election of Officers Fehst conducted the Election of Officers. After the election proceedings were held there was a unanimous vote to accept the following officers for the year 2002: Chairman: Vice Chair: Sec./Treas. Marlaine Szurek Dennis Ecklund Jr. Gary Peterson Approval of Minutes for Meeting on November 20, 2001 MOTION by Nawrocki, second by Peterson, to adopt the minutes of November 20, 2001, regular meeting as presented in writing. Ail ayes. Motion Carried. PUBLIC HEARING Adopting Resolution 2002-01, Approving the 2002 PHA Plan Schumacher indicated staff prepared the Draft 2002 Public Housing Agency Plan and has submitted it to Board members, Parkview Villa residents, Anoka County, the Library, and published the Public Hearing Notice for the required 45-day review. The documents include a mission statement, goals and objectives of the agency, an executive summary, statements of needs and resources, and numerous policies like the One Strike, Tracking Crime and other policies that staff developed last year to meet HUD requirements. Schumacher also recommended the Board schedule a time with Kottsick to see the new HUD software that was installed in 2001for transmitting the required documents and recommended adoption of Resolution 2002-01 approving the Plan. Motion by Peterson, second by Nawrocki, to waive the reading of Resolution 2002-01, there being ample copies available to the public. All ayes. Motion Carried. Housing and Redevelopment Authority (HRA) Sanuary 15, 2002 Page 2 of 3 Motion by Peterson, second by Wyckoff, Adopting Resolution 2002-01 of the Columbia Heights Housing and Redevelopment Authority (I-IRA) confirming approval of the Public Housing Agency Certifications of Compliance with the PHA Plans and related regulations, and direct its submittal to HUD. All ayes. Motion Carried. Nawrocki questioned why Dakota County approved the plan and what does CFP stand for in the plan. Schumacher clarified that the Plan is submitted to Anoka County for compliance with their Comprehensive Plan, which is also in compliance with the Dakota County Comprehensive Plan and that CFP stands for Capital Fund Program, which used to be called CIAP. The name was changed in 2001. Szurek asked where the figures of $25, O00 for cabinets and $10, O00 for appliances came from, as they have not had a Capital Improvement Committee Meeting to discuss this. Schumacher indicated the figures came from Mark Nagel and are only an approximate amount to be used as the bidding process would have to be used for any of these items over $2,000 to comply with the Davis Bacon Act. Szurek then, opened the Public Hearing. Kottsick indicated that under Attachment D, the officers should be changed to President, William Cross; I/ice President, Dennis Ecklund Jr; Treasurer, Jacla'e Ovshak; and Secretary, Leo Mullenmaster. The resident council elections were hem last night. Staff will make the change to the Plan. Nawrocla' indicated under the Executive Summary, 2-B, there isn't a dollar amount listed and under Attachment C the term of the Parkview Villa resident Board member should be changed to January 1, 2007 in two places under that section. Schumacher indicated that under 2-B, the amount should be the $128,506 and the term of office will be changed also. ITEMS FOR CONSIDERATION Resolution 2002-02, Accepting Transfer of Certain Proiects and Programs from the Economic Development Authori~; Approving the Purchase of Services Agreement. Schumacher indicated at the February 2001 EDA Board meeting, there was a discussion to consider the direction and priorities of the HRA and EDA. Then, on October 22, 2001, City Council approved the second reading of Ordinance 1442, determining the City's overall housing and redevelopment objectives will be best served if certain housing powers are allocated to the HRA, and redevelopment and economic development powers are allocated to the EDA. The EDA adopted Resolution 2001-18 in November of 2001 transferring control, authority and operation of all housing programs and projects from the EDA to the HRA. At this time, staff is recommending the HRA adopt Resolution 2002-02 accepting authority and operation of Housing programs in Columbia Heights and approving the Purchase of Services Agreement. Motion by Peterson, second by Wyckoff, to waive the reading of Resolution 2002-02, there being ample copies available to the public. All ayes. Motion Carried. Housing and Redevelopment Authority (HRA) January 15, 2002 Page 3 of 3 Motion by Peterson, second by Wyckoff, to Adopt Resolution 2002-02, a Resolution accepting transfer of certain projects and programs from the Columbia Heights Economic Development Authority; approving the Purchase of Services Agreement. Nawrocki questioned on Page 4, the use of offtce space. Schumacher indicated that the Purchase of Services Agreement is a form that was used between the City and the HRA many years ago when the HRA ran as its own company. Motion by Nawrocki to add the amount of zero dollars under page 4, section C. Motion Died for a lack of second. Szurek asked if there is any information as to what amount was used years ago. Schumacher stated that he was not aware of any dollar ftgure. Over the past few years, staff hours spent on the HRA has been charged to the EDA funds and the HRA Budgeted Levy amount has been transferred over to the EDA. Robert Ruettimann suggested changing the wording to read all personnel, time, equipment, etc. will be assessed at a City rate. Upon Vote of the original motion: Wycko£f- Aye, Peterson- Aye, Nawrocki- Nay, Szurek- Aye, Ecklund- Abstained. Motion Carried. Nawrocla' stated he is opposed to the separation of the HRA and EDA. Szurek asked if there will be a separation in the meeting date and times for the HRA and EDA. Schumacher indicated that Steve Bubul, Kennedy and Graven, is worla'ng on a draft of the Bylaws for both Commissions and they will be sent out to the Board members prior to the meeting next month for review. At this point, both commissions are worla'ng under the old bylaws. ADJOURNMENT The Chair, Marlaine Szurek, closed the meeting at 7:08 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary H3.HRAMinutes2002\ 1-15-2002 COLUMBIA HEIGHTS PUBLIC LIBRARY BOARD OF TRUSTEES MINUTES February 5, 2002 The meeting was called to order by Chair, Barbara Miller at 7:00 p.m. Those present were Nancy Hoium, Catherine Vesley, Julienne Wyckoff, Barbara Miller, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the January 8, 2002, Internet Policy Public Hearing as mailed. It was moved, seconded, and passed to approve the minutes of the January 8, 2002, Board meeting as mailed. Bill list dated 2/11/02 was reviewed. It was moved, seconded, and passed that they be paid. The 2002 accounting sheet dated 2/5/2002 was reviewed. The trial balance of 2001 accounting was reviewed. Old Business: 1. An update on the Schuh property was presented. The City offer on the property has been rejected. Mr. Schuh is seeking additional appraisals. There was a brief discussion concerning possible re-development of the property currently occupied by Mady's on 38th and Central Avenue. 2. The vacant Library Clerk position has been filled by Mindy Hicks. Her first day in that position was February 4, 2002. Training is underway. 3. There are currently 3 vacant page positions. Applications were accepted during January, and 7 candidates will be interviewed this week. A review by the Library Board of the current Intemet Policy started. Issues discussed included: current requirements, the possibility of guest cards being used by out of state patrons, and sign up issues. It was moved, seconded and passed to draft a policy to be discussed at the April Board meeting to develop a procedure to provide a guest card for people who are not Minnesota residents. The policy would include having to provide photo ID, how long the pass is valid for and the possibility ora fee for use of this service. Columbia Heights Library Foundation update was provided. Becky and Barbara Miller have met and started writing the narrative necessary for the next step in filing the appropriate paperwork with the State and the IRS. The Foundation bank account has been established and current contributions have been deposited. A meeting of the Foundation's Board of Trustees will be conducted in the near future. The Heights Theatre has offered to hold a fundraiser in April to benefit the Library Foundation. Planning is underway for this event. 6. Maintenance projects have not been completed due to staff shortages. Mindy will be catching up on this responsibility shortly. New Business: 1. Crossover statistics were reviewed. 2. Governor Ventura's "Big Fix" budget recommendations were discussed. The City version of the 2001 Annual Report was reviewed. The Board commented on the clear, concise data provided. 2001 marked the 73ra year the library has been serving the needs of Columbia Heights residents. The Board began discussion of possible ways of celebrating the 75~ anniversary year of service that will occur in the year 2003. Columbia Heights will be following the guidelines set by the County and reducing our holdings to 3 years. The only exceptions will be some of the weekly news magazines and Consumer Reports magazine, which will remain at 5 years. Plans are underway to re-arrange the storage room on the lower level with new shelving to accommodate the recent acquisition of local historical newspapers. The Friends of the Library have generously bought 5 units of commercial shelving for this project. The Board has volunteered to help in whatever way they can to help complete the project. o The Friends of the Library have voted to purchase the following from the wish list: a. 3 major prizes for Summer Reading Club b. $300.00 worth of storage boxes c. Moose puppet for the Children's Dept. d. Guinea Pig puppet for Children's Dept. e. 2 slat/board display units for the lower level The County is discussing a possible change in the loan period for rental videos. They would like to eliminate the "odd" borrowing periods. This would be a policy change that would require action by their Library Board. The Board discussed the current video limit that is in effect at Columbia-Heights. It was moved, seconded and passed to eliminate the limits currently in affect on videocassettes. 7. Michelle Smith, Library Aide, has tendered her resignation effective January 25, 2002, citing health reasons. A posting for the position has been made and applications are being accepted. 8. Information packets about the Adult Reading Club were distributed. The Library Board will have to change the date of the March meeting due to Precinct caucuses. The Board voted to meet on the regular day Tuesday, March 5, at 6:00 p.m. if possible. Becky will check with the City Clerk to determine if this is possible. The Board will be contacted if any changes need to be made. There being no further business the meeting was adjourned at 8:30 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