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Home My WebLink AboutDecember 11, 1998 Regular Mayor 'CITY OF COLUMBIA HEIGHTS (1") .'ose,,*S, ur,ev , Councilmembers Donald G. Jolly 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806Martaine Szurek Gary L. Peterson Robert W. Ruettimann A DMINIS TRA TION City Manager Walter R. Fehst DECEMBER 11, 1998 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, December 14, 1998 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation ~vill be provided to allow individuals with disabilities to participate in all City o£Co!umbia Heights' services; programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. 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. 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 next order of business.) MOTION: Move to approve Consent Agenda items as follows: a) Minutes for Approval - November 23, 1998 Regular Council Meeting MOTION: Move to approve the minutes of the November 23, 1998 Regular Council Meeting as presented. b) Establish Council Work Sessions for January_ 1999 MOTION: Move to establish Monday, January 4, 1998 at 7:00 p.m. and an additional work session to be determined if necessary. c) Final Payment for Library_ Roof MOTION: Move to accept the re-roofing project at the Library and to authorize final payment of $16,505.90 to Dalco Roofing and Sheet Metal. Page 1 .COUN~CIL AGENDA LETTER DECEMBER 14, 1998 MEETING d) Resolution No. 98-114. 1999 Seasonal and Temporary_ Wage Adjustments MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-114 being a resolution adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 1999. e) Resolution No. 98-106 Being a Lotsplit for 1923 40th Avenue Northeast and 4020 Arthur Street Northeast MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-106 which is a lot split request at 1924 40th Avenue Northeast, provided the newly created parcel is combined with 4020 Arthur Street Northeast. MOTION: Move to approve a variance of five feet at 4020 Arthur Street because tree location on the property creates a hardship. f) Minor Amendments to Six Cities Water Management Organization (WMO) MOTION: Move to approve the amended Joint Powers Agreement for the Six Cities Watershed Management Organization dated 1998. g) Purchase of Construction Materials for a Salt Storage Facility MOTION: Move to approve the purchase of construction materials to construct a salt storage facility in the Municipal Service Center yard with funds to be taken from 101-43121-2160 in an amount not-to- exceed $15,000. h) Appropriation of Reimbursed Grant Funds to Public Works Department Budget MOTION: Move to appropriate $15,652, the total amount reimbursed from FEMA from the General Fund Revenue, to the Public Works Department's 1998 budget. i) Resolution No. 98-113 Being a Resolution Adopting Snow and Ice Control Policy MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-113 being a resolution adopting the Snow and Ice Control Policy j) Resolution No. 98-112 Being a Resolution Requesting Mn/DOT Consideration of a Cost Sharing Cooperative Agreement for Construction of a Traffic Corridor Cooperative Improvement Program MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-112 being a resolution requesting Mn/DOT to enter into a cost sharing agreement for Central Avenue as prescribed in the August 1998 traffic study. Page 2 .COUN. CIL AGENDA LETTER DECEMBER 14, 1998 MEETING k) First Reading of Ordinance No. 1382 Being an Ordinance Amending Ci_ty Code Pertaining to Background Checks MOTION: Move to waive the reading of the ordinance be waived there being ample copies available for the public. MOTION: Move to schedule the second reading of Ordinance No. 1382, to allow the Columbia Heights Police Department to perform Minnesota criminal history checks on potential tenants of the City, for December 28, 1998 at approximately 7:00 p.m. 1) Resolution No. 98-107 Being a Resolution Establishing Senior Citizen Eligibili _ty Standards MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-107 being a resolution establishing senior citizen eligibility standards for refuse, sewage, disposal and water supply utility rates. m) Resolution No. 98-108 Being a Resolution Designating Depositories for CiW Funds of the Ci_ty of Columbia Heights MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-108 being a resolution designating official depositories and safe deposit access for the City of Columbia Heights. n) Resolution No. 98-110 Regarding Approving Special Law 1997 Chapter 231. Article 10. Sections 12. 13, Authorizing the Housing Replacement District MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-110 being a resolution approving special law 1997 Chapter 231, Article 10, Sections 12, 13 authorizing the housing replacement district. o) Resolution No. 98-111 Regarding Approving Special Law 1998 Chapter 390, Article 7, Section 1 Establishing the Board of Directors of the Columbia Heights Volunteer Fire Department Relief Association MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-111 being a resolution approving special law 1998 Chapter 390, Article 7, Section 1, establishing the Board of Directors of the Columbia Heights Volunteer Fire Department Relief Association and designating a defined contribution pension plan. p) First Reading of Ordinance No. 138 t Ordinance Amendment Regarding Participation in Loud Parties MOTION: Move to waive the first reading of Ordinance No. 1381 there being ample copies available for the public. Page 3 · COUNCIL AGENDA LETTER DECEMBER 14, 1998 MEETING MOTION: Move to schedule the second reading of OrdNance No. 1381 amending the participation in loud parties and gathering ordinance to include the renter and those present for December 28, 1998 at approximately 7:00 p.m. cO Designating an Official Newspaper for 1999 MOTION: Move to designate Focus News as the official City newspaper for 1999 and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. r) Ci_ty Hall Duct Cleaning MOTION: Move to award City Hall duct cleaning to Metro Cleaning Service, Inc. based upon their low, qualified, responsible bid in the amount of $3,600.00 with funds to be appropriated from 101-41940-5120; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. s) Establish HemSng Dates - License Revocations. Rental Properties MOTION: Move to establish a hearing date of December 28, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the following properties/property owners: Heidi VonHeideman at 3718 Central Avenue Northeast Sharon Vermeer at 615 40th Avenue Northeast Janene Unke at 4357-59 Seventh Street Northeast Thomas Ferrara at 1035-1037 43 ½ Avenue Northeast Mulji Patel at 939-941 42 ½ Avenue Northeast Gordon Hines at 5007-5009 Jackson Street Northeast t) Re-Issue Rental Housing License After Revocation MOTION: Move to issue a rental housing license to Amy Wazwaz to operate the rental property located at 1013-1015 43 ½ Avenue Northeast in that the provisions of the Housing Maintenance Code have been complied with. u) Resolution No. 98-116 Establishing Special Assessment Deferral MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-116 establishing a new maximum income of $17,200 for senior, retired, or disabled persons to be eligible for special assessment deferral. v) Authorization to Obtain Price Quotes for Printing and Mai lin g the 1999 City Newsletter MOTION: Move to authorize staff to obtain price quotes for printing and mailing the 1999 "Heights Happenings" city newsletters. w) Central Avenue Median Left Turn Lane Installation at 37th Avenue MOTION: Move to authorize expenditures from the City's State Aid Account for median work on Central Avenue at 37th Avenue from Fund 212-43190-5130. Page 4 . COUNCIL AGENDA LETTER DECEMBER 14, 1998 MEETING x) Final Payment for Miscellaneous Concrete Proiect #9800 MOTION: Move to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $14,622.61 with funding out of the appropriate funds. MOTION: Move to accept the work for 1998 Miscellaneous Concrete Repairs and Installations, City Project #9800; and authorize final payment orS11,246.12 to Ron Kassa Construction, Inc. of Elk River, Minnesota. y) Final Payment for Street Rehabilitation - Zone 3 MOTION: Move to authorize Contract Change Order No. 3 for water service work, storm sewer work, bituminous leveling course and concrete driveway to Midwest Asphalt Corporation in the amount of $28,020.00 with funding out o f the Water Construction Fund 651 o f $2,670.80; S ewer Construction fund 652 of $5,515.20; and the Infrastructure Fund 430 of $19,834.00. MOTION: Move to accept the work for 1998 Street Rehabilitation, City Project Numbers 9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727, 9728, 9729, 9730, 9731, 9732 and 9743; and authorize final payment of $68,913.69 to Midwest Asphalt Corporation, Inc. of Elko, Minnesota. z) Request for School Zone on 49th Avenue (west of Central Avenue) MOTION: Move to recommend that the City Council request Anoka County establish a school zone on 49th Avenue from Monroe Street to Central Avenue with reduced speed and flashing amber lights when children are present based on a recommendation of the Traffic Commission. aa) Extension of GIS Range Rider Contract MOTION: Move to approve an extension to the GIS Joint Powers Agreement and to authorize the Mayor and City Manager to enter into an agreement for the same. bb) Approval of License Applications and Rental Housing License Applications as Listed in the Memo Dated November 24, 1998 from ChiefKewatt MOTION: Move to approve the license applications as listed and the rental housing license applications as listed in the memo dated November 24, 1998 from ChiefKewatt. cc) Payment of the Bills MOTION: Move to pay the bills as listed out of proper funds. dd) Adopting Orders - Basic Tier Rates and Equipment Rates MOTION: Move to waive the reading of the Orders there being ample copies available for the public. Page 5 . COUNCIL AGENDA LETTER DECEMBER 14, 1998 MEETING MOTION: MoVe to adopt the Order regm'ding the review of Form~Basic Tier Rates), submitted by MediaOne and the Order regarding the review of Form 1205 (Equipment Rates), submitted by MediaOne. ee) Performance Report for Local Performance Aid MOTION: Move to receive and accept the 1998 performance report for Local Performance Aid dated December 1, 1998. 5. PROCLAMATIONS, INTRODUCTIONS, PRESENTATIONS AND GUESTS a) Introductions of Newly-Hired Employees Hugh Curry, Part Time CSO and Henry Henry - Head Custodian 6. PUBLIC HEARINGS A. Close Hearing - Adopt Resolution No. 98-117 Approving Revocation of Rental Property License MOTION: Move to close the public hearing and to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-117 being a resolution of the City Council of the City of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license held by Renae Novak regarding rental property at 4023 Sixth Street Northeast. 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolutions 1) Resolution No. 98-109 Adopting a Budget for the Year 1999/Setting the Total City Lev; and Approving the HRA Levy_ MOTION: Move to waive the reading of the resolution there being ample copies available for the pubic. MOTION: Move to adopt Resolution No. 98-109 being a resolution adopting a budget for the year 1999 and setting the total city levy collectable for the year 1999 in the amount of $3,238.626 and approve the I-IRA levy of $80,239. 2) Second Reading of Ordinance No. 1380 Bein~ an Ordinance Vacating a Portion of a Drainage and UtiliW Easement MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1380 being an ordinance amending Ordinance No. 853, City Code of 1977, vacating a portion of a drainage and utility easement as dedicated on the recorded plat of NORTHWESTERN ADDITION. Page 6 · COUNCIL AGENDA LETTER DECEMBER 14, 1998 MEETING 3) Resolution No. 98-115 Bein~ a Resolution to Lew Assessments MOTION: Move to waive the reading of the resolution there being ample copies available for the public. MOTION: Move to adopt Resolution No. 98-115; Levy of Private Construction Agreement by Petition and Waiver as listed in PIR 1008, Project 9800. 4) Second Reading of Ordinance No. 1379 Being an Ordinance Amending Charter Pertaining to Council Meetings MOTION: Move to waive the reading of the ordinance there being ample copies available for the public. MOTION: Move to adopt Ordinance No. 1379 being an ordinance amending Chapter 3, Section 16 of the City Charter pertaining to Council Meetings. B. Bid Considerations None C. Other Business 1) City Wide I.D. System, Gas Card. and City Owned Buildings Security System MOTION: Move to authorize the City Manager and Mayor to enter into a contract to purchase software and equipment needed to create a security system in City Hall at a cost of $10,457,85 plus tax; and to authorize the contracting of chases in City Hall to run the required wiring at a cost not to exceed $6,300. 2) Razing of Hazardous Structures MOTION: Move to authorize staff to solicit a minimum of three bids for the aforementioned projects, award the projects to the lo,vest, qualified, responsible bidder, with funds appropriated fi:om PIR funds; and furthermore, to .authorize the Mayor and City Manager to enter into an agreement for the same. 3) Conditional Use Permit. Case #9812-52. 3800 Central Avenue MOTION: Move to approve the Conditional Use Permit to allow the operation of a restaurant in the Retail Business District at 3800 Central Avenue, subject to the following conditions: 1) All required state and local codes, permits, licenses and inspections will be met and in full compliance. Page 7 ,COUN.CIL AGENDA LETTER DECEMBER 14, 1998 MEETING 2) Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3) All proposed signage must be submitted on a City prescribed application form and must fully comply with the Zoning Ordinance. 4) The screening fence shall be maintained in a safe and functional condition. 5) A site plan drawn to scale shall be subnfitted for review and approval by staff. This site plan shall provide at a minimum, the following information; layout of parking tot; modified access point; van accessible parking space; provisions for loading/unloading; dumpster enclosure; and snow storage. 6) At least one van accessible handicap parking space shall be provided as near as possible to the main entrance to the building. This space shall be clearly marked and signed. 7) The parking lot shall be restriped and circulation routes shall be clearly marked. 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager B. Report of the City Attorney _ 9. GENERAL COUNCIL COMMUNViCATIONS A. Minutes of Boards and Commissions 1) October 20, 1998 Economic Development Authority Meeting 2) November 12, 1998 Park and Recreation Commission Meeting 3) November 19, 1998 Telecommunications Commission Meeting 4) December 1, 1998 Planning and Zoning Commission Meeting 5) November 9, 1998 Library Board of Trustees Meeting 6) November 17, 1998 Economic Development Authority Meeting 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is 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.) Page 8 ,CO ~UN, CIL AGENDA LETTER DECEMBER 14, 1998 MEETING 11. ADJOURNMENT MOTION: Move to adjourn the Regular Council Meeting. Walter Fehst, City l(4anager WF/ s Page 9 OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 23, 1998 1. CALL TO ORDER/ROLL CALL The meeting was called to order by Council President Peterson at 7:00 p.m. Present were Council President Peterson and Councilmembers Szurek and Ruettimarm. Absent were Mayor Sturdevant and Councilmember Jolly. 2. PLEDGE OF ALLEGIANCE 3. ADDITIONS/DELETIONS TO THE 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.) There were no additions nor deletions to the meeting agenda. 4. CONSENT AGENDA (These items are considered to be routine by the City Council and are enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as next order of business.) Motion by Ruettimarm, second by Szurek to approve the Consent Agenda as follows: a) Minutes for Approval The Council approved the minutes of the following meetings: 1) November 9, 1998 Regular Council Meeting 2) November 16, 1998 Levy Hearing 3) November 16, 1998 Special Council Meeting b) Close Hearing - Rental License Revocation The Council closed the public hearings regarding the revocation or suspension of the rental licenses held by the following property owners for the properties located at the following addresses in that the property is in compliance with the Housing Maintenance Code: 1) Kwei Fang for rental property at 4055-4057 University Avenue 2) Gerald Janson for property at 1248-1250 Circle Terrace 3) Gerald Janson for property at 1242-1244 Circle Terrace 4) Greg Heinen for property at 1020 44th Avenue 5) Edwin Hansen for property at 4534 Madison Street 6) Jerald Janson for property at 1266-1268 Circle Terrace 7) Shannon Brown for property at 4634-4636 Polk Street 8) Sally Anderson for property at 3843 1/2 and 3843 Hayes Street REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 2 c) Approval of School Liaison Officer Contract with Independent School District #13 The Council authorized the Mayor and City Manager to approve the joint powers agreement with Independent School District #13 for the provision of a police school liaison officer as stipulated in the joint powers agreement for the period of September 8, 1998 through June 10, 1999. d) Telephone System Consultants This item was moved from the Consent Agenda to Bid Considerations. e) Payment of Bills The Council approved the payment of the bills as listed out of proper funds. f) License Applications The Council approved the license applications as listed. g) First Reading of Ordinance No. 1379 Being an Ordinance Amending Ci_ty Charter The reading of the ordinance was waived there being ample copies available for the public. ORDINANCE NO. 1379 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO COUNCIL MEETINGS The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 16, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least twelve (12) hours' notice to each member of the council. REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 3 Such notice shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. is hereby amended to read: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least .... ~-'- ~ "~ '~ ...... (3) day S Lv,,~,,~ ~-2 ~,,~o three s' notice to A~_,~ ___,~^~ ~-,~. ....... :~ notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manager, may call special emergency meetings of the council upon at least twelve (12) hours' notice to each member of the council. Posted or published notice of any such emergency meeting shall not be required. An emergency meeting shall be defined as a special meetin~ called because of circumstances that, in the judment of the mayor, any two council members, or the city manager, require immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 3' This Ordinance shall be in full force and effect fi:om and after n/neW (90) days after its passage. First Reading: November 23, 1998 The Council scheduled the second reading of Ordinance No. 1379 for December 14, 1998 at approximately 7:00 p.m. h) First Reading of Ordinance No. 1380 Being a Vacation of a Drainage and Utility Easement The reading of the ordinance was waived there being ample copies available for the public. REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 4 ORDINANCE NO. 1380 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates a portion of that certain drainage and utility easement over and across the following described property, to wit: That part of the drainage and utility easement as dedicated on the recorded plat of NORTHWESTERN ADDITION and now to be vacated lying within Lots 1 and 2, Block 1 in said plat which lies westerly of the west line of the East 27.00 feet of said Lot 1 and northerly of the south line of the North 38.00 feet of said Lot 2. That part of the drainage and utility easement as granted in the document recorded in the Office of the Anoka County Recorder as Document No. 643516 and now to be vacated lying within Lots 1 and 2, Block 1, in NORTHWESTERN ADDITION, which lies westerly of the west line of the East 27.00 feet of said Lot 1 and northerly of the south line of the North 38.00 feet of said Lot 2. Section 2: This Ordinance shall be in full force and effect fi:om and after thirty (30) days after its passage. First Reading: November 23, 1998 The second reading of the ordinance was scheduled for December 14, 1998 at approximately 7:00 p.m. i) December Council Budget Work Session Date The Council scheduled a Council work session for December 7, 1998 immediately following the 7:00 p.m. Truth in Taxation Hearing. j) Establish Hearing Date - License Revocation, Rental Property The Council established a hearing date of December 14, 1998 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against Renae Novak at 4023 Sixth Street Northeast. REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 5 Roll call on Consent Agenda: All ayes 5. PROCLAMATIONS, INTRODUCTIONS~ PRESENTATIONS AND GUESTS a) Proclamation Council President Peterson presented a proclamation designating the month of November as Home Care Month to Bob Lofthus, a representative of the home health care industry. b) Introductions of Newly-Hired Employees Sue Bain, meter reader and Adam Marshall, police officer, newly-hired employees, were introduced. c) Recognition of Board and Commission Members for Years of Service An engraved clock was presented to Bill Marshall for his many years of service on the Science, Technology and Energy Commission. Mr. Marshall advised the Council of his interest in pursuing the establishment of a City website. He reviewed what has already been done in this regard by a local resident. He was invited to attend the January 21, 1999 meeting of the Telecommunications Commission to follow up on this matter. An engraved clock was also presented to Dick Dustin for his years of service on the Economic Development Authority. Mr. Dustin recalled his previous service on the Recreation Commission. He also commented on the merit of volunteering in one's community. Three other residents ~vere recognized for service and will receive engraved clocks. They are Nan Tilkens (Charter Commission), Gayle Norberg (Science, Technology and Energy Commission) and, Steve Riner (Science, Technology and Energy Commission). d) Guests Council President Peterson welcomed and acknowledged students from a Social Studies Class at the Columbia Heights High School. 6. PUBLIC HEARINGS a) Resolution No. 98-105: To Close a HearinR and to Adopt Resolution for Revocation This resolution addresses the property at 4724-4726 Sixth Street Northeast which is owned by Michelin Kelly. REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 6 Fire Chief Kewatt stated that this property has been brought into compliance as of tonight. Motion by Ruettimann, second by Szurek to close the public hearing for rental property at 4724- 4726 Sixth Street Northeast, owned by Michelin Kelly, as it has been brought into compliance with the Housing Maintenance Code. Roll call: All ayes 7. ITEMS FOR CONSIDERATION A. Other Ordinances and Resolution 1) Resolution No. 98-104 Being a Resolution to Levy Assessments Completed Under Private Construction Agreement with Petition/Waiver The City Manager advised there were four properties involved with this agreement. He noted that two property owners have already paid their assessments. It was mentioned that the resolution included an interest rate of 9 1/2% whereas other assessments had an interest rate of 8%. Motion by Ruettimarm, second by Szurek to change the interest rate in Resolution No. 98-104 from 9 1/2% to 8%. Roll call: All ayes RESOLUTION NO. 98 - 104 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming an authorization by petition/waiver under the "Private Construction Agreement to remove and construct driveway aprons, curb and gutter, heretofore received: Special Assessments numbered PIR 978, Project #9800. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 23~d day of November, 1998, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, and a notice mailed to the property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvement and has prepared an assessment roll therefore, REGULAR COUNCIL MEETING NOVENIBER 23, 1998 PAGE 7 THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered PIX 978, Project #9800. Section 2. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. Section 3. That said assessment may be paid in part or in full without interest on or before December 23, 1998, or in annual installments for a period of two years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 8% interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered PIX 978, Project #9800. Section 5. This resolution shall take effect immediately upon its passage. Passed this 23rd day of November, 1998. Offered by: Ruettimann Seconded by: Szurek Roll Call: All ayes Gary Peterson, Council President Jo-Anne Student, Secretary to the Council REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 8 The City Attorney advised that staff must notify all affected property owners regarding the change in interest as th_is is a statutory requirement. 2) Second Reading of Ordinance No. 1378 Adopting Minnesota State Building Code It was noted that the effective date of Ordinance No. 1378 was changed to January 1, 1999 administratively. Motion by Ruettimarm, second by Szurek to waive the reading of the ordinance there being ample copies available for the public. ORDINANCE NO. 1378 ADOPTING THE MINNESOTA STATE BUILDING CODF, BEING AN ORDINANCE ADOPTING THE MINNESOTA STATE BUILDING CODE. THIS ORDINANCE PROVIDES FOR THE APPLICATION, ADMINISTRATION, AND ENFORCEMENT OF THE MINNESOTA STATE BUILDING CODE BY REGULATING THE ERECTION, CONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, DEMOLITION, CONVERSION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF ALL BUILDINGS AND/OR STRUCTURES IN THIS MUNICIPALITY; PROVIDES FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREOF; PROVIDES PENALTIES FOR VIOLATION THEREOF; REPEALS ALL OF ORDINANCE 1344 AND ALL ORDINANCES AND PARTS OF ORDINANCES THAT CONFLICT THEREWITH. The City of Columbia Heights does ordain: Section 1. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota rule part 1300.2100 and as modified by Chapter 1305. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statute 16B.62 subdivision 1 when so established by this ordinance. The code enforcement agency of the City of Columbia Heights is called the Protective Inspections Department. A Minnesota certified Building Official must be appointed by this jurisdiction to administer the code (Minnesota Statute 16B.65). REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 9 Section 2. Permits and Fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Statute 16B.62 subdivision 1 and as provided for in Chapter 1 of the 1997 Uniform Building Code and Minnesota rules parts 1305.0106 and 1305.0107. Permit fees shall be assessed for work governed by this code in accordance with the 1997 Uniform Building Code Table No. 1-A of this ordinance. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 16B.70. Section 3. Violations and Penalties. A violation of the code is a misdemeanor (Minnesota Statute 16B.69). Section 4. Building Code. The Minnesota State Building Code, established pursuant to Minnesota Statutes 16B.59 to 16B.75 is hereby adopted as the building code for this jurisdiction. The code is hereby incorporated in this ordinance as if fully set out herein. mo The Minnesota State Building Code includes the following Chapter of Minnesota Rules: 1. 1300 Minnesota Building Code 2. 1301 Building Official Certification 3. 1302 State Building Construction Approvals 4. 1305 Adoption of the 1997 Uniform Building Code including appendix Chapters. a. 3, Division I, Detention and Correctional Facilities b. 12, Division II, Sound Transmission Control c. 15, Reroofing d. 16, Division I, Snowload Design e. 29, Minimum Plumbing Fixtures f. 31, Division II, Membrane Structures 1307 Elevators and Related Devices 1315 Adoption of the 1996 National Electrical Code 1325 Solar Energy Systems o 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 1330 1335 1340 1346 1350 1360 1361 1370 4715 7670 Fallout Shelters Floodproofmg Regulations Facilities for the Handicapped Adoption of the 1991 Uniform Mechanical Code Manufactured Homes Prefabricated Buildings Industrialized/Modular Buildings Storm Shelters (Manufactured Home Parks) Minnesota Plumbing Code Minnesota Energy Code REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 10 Bo The City of Columbia Heights may adopt by reference all of the following optional appendix chapters of the 1997 Uniform Building Code as authorized by Minnesota rule part 1305.0020 subpart 2: 3, Division llI, 1992 One and Two Family Dwelling Code; 33, Excavation and Grading. The following optional appendix chapters of the 1997 Uniform Building Code are hereby adopted and incorporated as part of the building code for the City of Columbia Heights. 1. 1992 One and Two Family Dwelling Code 2. Excavation and Grading Section 5: This Ordinance shall be in full force and effect January 1, 1999 after its passage. First Reading: Second Reading: Date of Passage: November 9, 1998 November 23, 1998 November 23, 1998 Offered by: Ruettimann Seconded by: Szurek Roll call: All ayes Gary Peterson, Council President Jo-Anne Student, Council Secretary B. Bid Considerations 1) Telephone System Consultants The Finance Director advised that staff conducted interviews and received formal bids from several consultants. The Telecommunications Commission reviewed the proposals received. Councilmember Ruettimann stated he is not convinced that a consultant is needed at this point in time. He felt more information should be gotten before a consultant is hired. Motion by Ruettimann, second by Szurek to table this item for additional information to be brought back to the City Council at a work session and to the Telecommunications Commission. Roll call: All ayes REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 11 C. Other Business 1) Conditional Use Permit - Case #9811-47, 1400 49th Avenue Northeast The City Planner reviewed the request for the conditional use permit. Discussion continued regarding the conditions as recommended by the Planning and Zoning Commission. In response to the concerns expressed about curbing and parking lots, Council President Peterson said no changes need to be made to the stated conditions. Dr. Behlow, School Superintendent, stated that all of the school parking lots have bumper curbs. Motion by Ruettimann, second by Szurek to approve the conditional use permit for the Family Center addition to the High School at 1400 49th Avenue Northeast, subject to the following conditions: 1) All required state and local codes, permits and inspections will be met and in full compliance. 2) All loading and unloading areas along with circulation routes will be clearly marked. 3) The existing parking lots shall be brought into compliance with the Zoning Ordinance and parking stalls and circulation routes shall be clearly marked in accordance with a plan reviewed and approved by staff. 4) All fire lanes on the site shall be brought into compliance and a revised site plan shall be submitted for final review and approved by staff. 5) Drainage and grading plans will need to be reviewed and approved by the Public Works Department prior to the issuance of any building permit. Roll call: All ayes 8. ADMINISTRATIVE REPORTS A. Report of the Ci_ty Manager 1) Disposition of Timothy House: The City Manager advised that the contract for the Timothy House had not been renewed. The residents of the group home will be moved. The Police Captain relayed this information which was received from the landlord of the property on 45 ½ Avenue. The City Manager will notify the resident from that area who stated his concerns with the operation at a prior Council meeting. 2) Resident Complaint: Councilmember Ruettimann inquired what progress had been made regarding complaints relative to the City's liquor store on University Avenue. He stated he had received a call from a resident in the area who had stated her concerns at a prior Council meeting. She noted she had not been contacted by staff regarding her complaints. REGULAR COUNCIL MEETING NOVEMBER 23, 1998 PAGE 12 The City Manager responded she had been contacted and her statement was not accurate. He will follow up on this again. He also advised the Council he is meeting with another business person in the area of the liquor store to discuss matters of mutual concern. B. Report of the Ci_ty Attorney The City Attorney had nothing to report at this time. 9. GENERAL COUNCIL COMMUNICATIONS A. Minutes of Boards and Commissions Minutes of the November 9, 1998 Library Board Meeting and minutes of the November 10, 1998 Planning and Zoning Commission Meeting were included in the agenda packet. These were for informational purposes only and required no Council action. 10. CITIZENS FORUM TO ADDRESS THE COUNCIL ON MATTERS NOT ON AGENDA (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is 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 addressed.) There were no residents in attendance for Citizens Forum. 11. ADJOLTRNMENT Motion by Ruettimann, second by Szurek to adjourn the Council Meeting at 8:03 p.m. Roll call: All ayes Gary Peterson, Council President Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA SECTION: CONSENT ORIGINATING CITY NO. 4 DEPARTMENT: MANAGER'S Administration APPROVAL ESTABLISHMENT OF COUNCIL WORK BY: J. Student BY:~'"'"--~~w?z.~.>/f.¢/~ ITEM: SESSION ~1~ ~} DATE: December 11, 1998 DATE:/~/~/¢~ A Council work session is scheduled for January 4, 1999. If there is a need for another work session in January this can be discussed at the December 14, 1998 Council Meeting. MOTION: Move to establish a Council work session on Monday, January 4, 1999 at 7:00 p.m. and an additional work session to be determined if necessary. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 12/14/98 I AGENDA SECTION: INO.: , 4 Consent ORIGINATING DEPARTMENT: Library IITEM: Final payment for Library roof Background: The Library roof has passed its final inspection. payments have been previously processed. BY: M. Rebecca Loader_ DATE: 12/1/98 CITY MANAGE APPROVAL All items on the punch list have been completed. Two Original contract price Change orders (see attached) Payment #1 (9-2-98) Payment #2 (9-21-98) Final payment $86,237.00 4,095.00 $9O,332.OO (47,835.90) (25,99O.20) $16,505.90 Analysis/conclusion: Staff is recommending approval of final payment to Dalco Roofing and Sheet Metal. RECOMMENDED MOTION: Move to accept the re-roofing project at the Library and to authorize final payment of $16,505.90 to Dalco Roofing and Sheet Metal. I COUNCIL ACTION I I I CHANGE ORDER CONSTRUC'rlON MANAGEMENT AIA DOCUMENT G7OT/CM EDITION Distributior' to: OWN ER ARCHiTECt' CONSTRUCTi'IO N MANAGER CONTRA. CTOR FIELD OTHER PROJECT: City (name, address) TO (Contractor): of Columbia Heights Public Library 820 40th Ave NE Columbia Heights, MN Dalco Roofing & Sheet Me~al, Inc 15525 32nd Ave North Plymouth MN 55447 CHANGEORDEP, NUMBER: #1, #2, #3 INITIA'~IONDATE: October 19, 1998 ARCHITECT'S PROJECT NO: PO #017440 CONSTRUCTION MANAGER'S PROJE~ NO: CONT~DATE: October 19, ~998 You are directed to makethefoilowingch~ngesin this Contract: #i.) Construct new expansion joint #2.) Seal North Center Unit #3.) Mechanical $1,630;'00 $ 365.00 $4,095.00 Not v, lid until signed by the Owner, the ArchiteCt and the Consrruction M~nJger. Si~n~.tur~ of the ~ontractor indicate*. ,%gt~ement herewith, Including any. adjustment in th~ Contract Sur~. or rh..6.~Co,tract Time. The original tContract Suml (Guaranteed Maximum Cost) was ........................... $ 86,237.00 Net change by previously authorized Chan~e Or, erS ................................... $ -O- The (Contract Sum) (Guaranteeci Maximum Cost) prior tO this Change Order w,~s ......... S 86,237.00 The (Con£ract Sum) (Guaranteed ,Maximum Cost~ will b~ (decreased~ (udchansed~ by this Change Ot~er ............................ . ..... . ......................... S 4,095.00 The new (ContracI Sum) (Guaramee~ Maxlmu~ CosO i~ding this Change Order w~li be ... S 90,332. O0 The Contract Time will be ¢~ct~ed~' (decreased) The Date of Substantial Completion as of the date of this Chan~e Order Recommen~e~: Approved ( -- ) Days.' A.A.'C. Roof Consulting~ Inc. CONSTRUCTION MANAGER 6449 Lyndale_A~¥e_,__Suite #1.0~ ADORE5S Mpls. ~ MN. _55423 Agreed To: DATE ADDKF-~$ Authorized: Dalco Roofing & Sheet M~tal Inc C~ty of Columbia Heights CONTKACTO~, OW,'<ER 15525 32nd Ave North 590 40th Ave NE ^DDRES,~ ADOR£S$ ~y~buth, Mc 55447 , Columb~~ Heishts, DATE MN 55421 D^TE C;70'I/CM -- 1980 I Z 0 I D -.1- 0 OmO u-~ ~ ~ < Z Z ' " DALCO ROOFING JOB NUMBER 3087 APPLICATION NO 8 AP?L[CATION 9ATE 10/12/98 PERIOD 7 ARCHITECT'S NO 017440 A B C D E F G H SCHEDULED WORK COMPLETED TOTAL COMPLETED BALANCE RETAJNAGE ITEM NO DESC OF WORK VALUE PREVIOUS W I P STORED MATL D+E+F % TO FINISH ROOFING 76,357,00 76,357.00 .00 .00 76,357,00 100.00 ,00 .00 SHEET METAL 9,880,00 1,577,00 8,303,00 ,00 9,880,00 100,00 ,00 ,00 3 COfl:NEW EXPAN JOINT 1,630.00 1,630.00 .00 .00 1,630.00 I00.00 .00 .00 4 COJ2:SEAL N CTR UNIT 365,00 365.00 ,00 .00 365.00 100,00 .00 .00 5 CO($:NONRESPON ~ECH 2,100,00 2,100.00 ,00 ,00 2,100.00 100.00 ,00 ,00 PAGE TOTAL 90,382,00 8,803.00 90,$$2,00 ,00 82,029.00 .00 ,00 CONTRACT AMOUNT 90,$32.00 8,303.00 90,332,00 ,00 82,029.00 ,00 ,00 CITY COUNCIL LETTER ~ Meeting of: December 14, 1998 AGENDA SEC. T~ON: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER' S NO:~ ADMINI STP_ATION APPROVAL ITEM: 1999 SEASONAL & TEMPOR_ARY WAGE BY: LINDA L. MAGEE J' ,BY'~~~ Attached are proposed 1999 wage schedules for non-union part-time temporary Library employees, seasonal Public Works employees, seasonal/temporary Recreation employees, and bike patrol officer. The entry rate for pages and chorepersons was increased $.66/hour and reflects 80% of the maximum for that range. In order to maintain the same ratio between the pages and library aide, the entry rate for library aide was increased by $.75/hour. The maximum of the range for pages would then remain at 92% of the maximum for library aide. The entry rate for library supervisors was increased by $.52/hour, and reflects 90% of the maximum for that range. In the past year, it has been difficult to attract qualified applicants for these positions. These adjustments would make our rates for such positions competitive with similar jobs in the marketplace. The Public Works Director is recommending increasing the wage schedule for seasonal laborer, warminghouse attendant and warminghous~ lead attendant by $1.00 per hour, based, in part, on the difficulty we have experienced obtaining seasonal employees. These adjustments would make our rates for seasonals in the Public Works Department competitive with other cities. The Recreation Director is recommending an increase of $.50/hour to each step of the range for Facility Supervisor, a $.50 increase per game for scorekeepe~ a $3.00 per game increase for youth official/umpire, and a $11.50 per game increase for intermediate official/umpire. No other increases to wages for seasonal/temporary recreation employees is recommended. The Recreation Director is recommending such increases based on an attempt to stay competitive in the marketplace for similar positions. The Police Chief is recommending the 1999 entry rate for bike patrol officer be increased by $.79/hour, with a $.25 per hour increase each step of the range to a maximum of two years. The recommended wage range is based, in part, on what other agencies are paying for similar positions. RECOM~4ENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98-/]~, adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 1999. COUNCIL ACTION: RESOLUTION 98- ~ ~/4 ADOPTI2qG CItANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS PosmoNs, SEASONAL/TEMPORARY RECREATION POSITIONS, AND BIKE PATROL OFFICER WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 (Resolution 80-47), which indicated that on an annual basis, changes will be adopted in Wage Ranges, based upon reliable survey data. NOW, THEREFORE, BE IT RESOLVED, that the City of Columbia Heights establishes wage ranges for non-unionized temporary part-time Library positions, seasonal Public Works positions, seasonal/temporary Recreation positions, and bike patrol officer, an indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and BE IT FURTHER RESOLVED that such schedules be effective January 1, 1999. Passed this l bth day of December , 1998. Offered by: Szu r-ek Seconded by: s tu rdevan t A] 1 ayes Roll Call: Joseph Sturdevant JoAnne Student, Council Secretary 1999 SCHEDULE I Pages and Choreperson Entry 6 months 12 months 24 months 36 months $6.00/hour $6.38&our $6.75/hour $7.13/hour $7.50/hour Library_ Aide Entry 6 months 12 months 24 months 36 months $6.53/hour $6.94/hour $7.35/hour $7.76/hour $8.16/hour Library_ Supervisors Entry 6 months 18 months $14.05/hour $14.83/hour $15.61/hour 1999 S CI--IEDULE II ENTRY 1 2 3 4 5 6 YEAR YEARS YEARS YEARS YEARS YEARS SEASONAL LABORER $7.25 $7.50 $7.75 $8.00 $8.25 $8.50 $8.75 (INCLUDING RINK MAINTENANCE) WARM/NG HOUSE $7.00 $7.25 $7.50 $7.75 $8.00 $8.25 $8.50 ATTENDANT WARMING HOUSE LEAD $8.00 $8.25 $8.50 $8.75 $9.00 $9.25 $9.50 ATTENDANT Schedule III 1999 Seasonal/Temporary Recreation Employee Wage Schedule Movement through the wage schedule is contingent upon satisfactory performance as judged by the City. Position Title Entry Summer Playground Asst. $6.50 Facility Supervisor 7.50 Scorekeeper (per game) 8.00 Youth Official/Umpire 13.50/game Intermediate Official/Umpire 25.00/game Adult & Traveling Athletics Umpire/Officials (Softball, Baseball, Basketball, Volleyball, Football, and Soccer Performing Arts Instructor (Gymnastics, Cheerleading, and Ballet) After School Instructor Summer Playground Supervisor Program Instructor 6 Months 1 Year 2 Years 3 Years 4 Years $6.73 $6.97 $7.21 $7.46 $7.72 7.75 8.00 8.25 8.50 8.75 8.25 8.50 8.75 9.00 9.25 (Wage range of $16.00 to $25.00 per game; wage to be set by the Recreation Director and approved by the Assistant to the City Manager.) (Wage range of $8.00 to $15.00 per hour; wage to be set by the Recreation Director and approved by the Assistant to the City Manager.) (Wage range of $7.00 to $20.00 per hour; wage to be set by the Recreation Director and approved by the Assistant to the City Manager.) (Wage range of $7.00 to $15.00 per hour; wage to be set by the Recreation Director and approved by the Assistant to the City Manager.) (Market rate - contingent upon approval of the Recreation Director and the Assistant to the City Manager.) 1999 SCHEDL~E IV ENTRY ONE YEAR TWO YEARS BIKE PATROL OFFICER $7.00/hour $7.25/hour $7.50/hour CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: g,~ Community Development APPROVAL ITEM: Resolution 98-106, which is a lot split request BY: Joe Hollman ~-'~/~ BY: ~,//~~~~ NO: Case #9812-50, 1923 40t~ Ave. NE and 4020 DATE: December ~5, 1998 x ur st. Issue Statement: The applicant requests a lot split to purchase a 30 foot wide strip of land from 1923 40th Avenue and combine the strip with 4020 Arthur St. The intent of the request is to provide enough space on the property at 4020 Arthur St. to construct a 24' x 24' (576 square foot) attached garage. Background: Section 7 of the Platting component of the City Code states that a lotsplit can be made without further platting if the Council determines that the subdivision: · does not hinder the transfer and conveyance of the land; · does not hinder the making of assessments and keeping of records; · does not result in the creation of any parcel that is less than required for purposes of construction of a building on such parcel; and, · does not result in the creation of a lot which is less than the minimum lot width required. Analysis: 4020 Arthur Street is currently 9,122 square feet and will be 11,882 square feet after the lot combination. 1923 40~ Avenue is currently 21,292 square feet and will be 18,532 square feet. The newly created parcel will be 2,780 square feet. Note that this is not large enough as a stand-alone parcel to be developed, but the intent is not to create a buildable lot. Also, Section 9.104(5) of the Zoning Ordinance requires that any lot over 6,500 square feet may have a lot coverage of up to 30%. 4020 Arthur St. will have a lot coverage of about 20% after the lot split, including construction of the garage. 1923 40~ Avenue will have a lot coverage of about 13% after the lot split. Both properties will meet this requirement. The proposal meets minimum yard and density requirements of the Zoning Ordinance with the exception of one side yard setback requirement. When a lot is not served by a public alley, the property shall have one side yard not less than 10 feet and the other side yard shall be 5 feet - existing structure at 4020 Arthur does not currently meet this requirement, the addition of the 30 foot strip of land will bring the existing property into compliance, however the southwest comer of the proposed garage will only be 5 feet from the new lot line which will require a variance. Please refer to the council letter pertaining to the variance request. The shape of the newly created parcel is not necessarily desirable. Typically, straight lot lines are preferred. However, there is a shed located in the northwest corner of 1923 40t~ Avenue, and the lot split needs to be designed as it is to keep the shed on the property. Note that the Zoning Ordinance does not regulate lot design other than minimum size, width, and setback requirements. Ptease find the following information attached: Staff Report; Boundary Survey; Resolution 98-106; Area map; Completed application; and Public Notice Recommendation: The Planning and Zoning Commission held a Public Hearing for the lot split request on December 1, 1998. They voted to recommend City Council approval of the lot split, provided the newly created parcel is combined with 4020 Arthur Street. Recommended Motions: Move to waive the reading of Resolution 98-106, there being ample copies available to the public. Move to adopt Resolution 98-106, which is a Lot Split request at 1923 40th Avenue NE, provided the newly created parcel is combined with 4020 Arthur Street. COUNCIL ACTION: CITY COUNC~ LETTER Meeting of: December 14, 1998 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER NO: Community Development APPROVAL ITEM: Variance BY: Joe Hollm~ BY: NO: Case g9812-50, 1923 40th Ave. NE and 4020 DATE: December 2, 1998 Arthur St. Issue Statement: Along with the lot split request (Resolution 98-106), this is also a request for a variance of 5 feet as the new garage will not meet the ten foot side yard setback requirement. Background: The intent of the lot split request is to provide enough space on the property at 4020 Arthur St. to construct a 24' x 24' (576 square foot) attached garage. Analysis: As mentioned above, the property owner at 4020 Arthur Street plans to purchase the split portion and combine it with 4020 Arthur Street to provide enough space to construct an attached garage. Note that the existing attached garage will be converted to living space. The proposal meets all minimum yard and density requirements of the Zoning Ordinance with the exception of one side yard setback requirement. When a lot is not served by a public alley, the property shall have one side yard not less than 10 feet and the other side yard shall be 5 feet. The existing structure at 4020 Arthur does not currently meet this requirement, the addition of the 30 foot strip of land will bring the existing property into compliance, however the southwest corner of the proposed garage will only be 5 feet from the new lot line which wilt require a variance. The leading edge of the garage will meet the 10 foot setback requirement, but the garage wilt need to be set at a slight angle so the driveway leading to the garage can curve around a tree while utilizing the existing curb cut. As a result the southwest corner of the garage will encroach into the setback. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. The intent of the two different side yard setback requirements when the property is not served by an alley is to allow room on the property for a driveway to get behind the house if a garage were built in the rear of the lot. In this case it is an attached garage, so driveway access to the back yard is not necessary. It is the opinion of the City Planner that the proposal meets the intent of the Zoning Ordinance and tree location on the property creates a hardship. Pteasefind the following information attached: Staff Report; Boundary Survey; Resolution 98-106; Area map; Completed application; and Public Notice Rec0nm~ndation: The~'ihnni~tr/~l Zoning:commission held a Public Hearing for the variance request on December 1, 1998. They voted to recommend City Council approval of the variance of 5 feet at 4020 Arthur Street because tree location on the property creates a hardship. Recommended Motions: Move to approve the variance of 5 feet at 4020 Arthur Street because tree location on the property creates a hardship. COUNCIL ACTION: Case: 9812-50 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE DECEMBER 1, 1998 PUBLIC HEARING Case #: 9812-50 GENERAL INFORMATION George Knoll 1923 40~ Ave. NE Columbia Heights, MN Owner: Address: Phone: Parcel Address: 1923 40~ Avenue NE and 4020 Arthur St. Zoning: R-2, Two Family Residential · Comprehensive Plan: LDR - Low Density Residential Applicant: Thomas Palkowski 4020 Arthur St. Columbia Heights, MN 788-5354 Surrounding Zoning and Land Uses: Zoning North: R-2 South: R-2 East: R-2 West: R-2 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation of Request: The applicant requests a lot split to purchase a 30 foot wide strip of land from 1923 40th Avenue and combine the strip with 4020 Arthur St. The intent of the request is to provide enough space on the property at 4020 Arthur St. to construct a 24' x 24' (576 square foot) attached garage. This is also a request for a variance of 5 feet as the new garage will not meet the ten foot side yard setback requirement. This is explained in more detail on page 2. Case History: There are no previous Planning and Zoning Commission cases on either property. ANALYSIS Surrounding Property: The adjacent property in all four directions is zoned R-2, Single and Two Family Residential and is used residentially. Realigning the property line will not have an impact on the surrounding property. Case: 9812-50 Page: 2 Technical Review: Section 7 of the Platting component of the City Code states that a lotsplit can be made without further platting if the Council determines that the subdivision: · does not hinder the transfer and conveyance of the land; · does not hinder the making of assessments and keeping of records; · does not result in the creation of any parcel that is less than required for purposes of construction of a building on such parcel; and, · does not resuk in the creation of a lot which is less than the minimum lot width required. 4020 Arthur Street is currently 9,122 square feet and will be 11,882 square feet after the lot combination. 1923 40m Avenue is currently 21,292 square feet and will be 18,532 square feet. The newly created parcel will be 2,780 square feet. Note that this is not large enough as a stand- alone parcel to be developed, but the intent is not to create a buildable lot. Also, Section 9.104(5) of the' Zoning Ordinance requires that any lot over 6,500 square feet may have a' lot coverage of up to 30%. 4020 Arthur St. will have a lot coverage of about 20% after the lot split, including construction of the garage. 1923 40m Avenue will have a lot coverage of about 13% after the lot split. Both properties will meet this requirement. As mentioned above, the property owner at 4020 Arthur Street plans to purchase the split portion and combine it with 4020 Arthur Street to provide enough space to construct an attached garage. Note that the existing attached garage will be converted to living space. Section 9.108(4) of the Zoning Ordinance requires the following lot dimensions in the R-2 District: · Minimum lot area shall be 6,500 square feet - both properties will meet this requirement; · Lot width shall be 60 feet - both properties will meet this requirement; · Front yard shall be 25 feet - both properties will meet this requirement; · Rear yard shall be 30 feet - both properties will meet this requirement; · When a lot is not served by a public alley, the property shall have one side yard not tess than 10 feet and the other side yard shall be 5 feet - existing stvacture at 4020 Arthur does not currently meet this requirement, the addition of the 30 foot strip of land will bring the existing property into compliance, however the southwest comer of the proposed garage will only be 5 feet from the new lot line which will require a variance. The leading edge of the garage will meet the 10 foot setback requirement, but the garage will need to be set at a slight angle so the driveway leading to the garage can curve around a tree while utilizing the existing curb cut. As a result the southwest comer of the garage will encroach into the setback. Section 9.105(3)(d) states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil condkions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rotes of the zoning district." In order for a variance to be granted, hardship needs to be established. Case: 9812-50 Page: 3 The intent of the two different side yard setback requirements when the property is not served by an alley is to allow room on the property for a driveway to get behind the house if a garage were built in the rear of the lot. In this case k is an attached garage, so driveway access to the back yard is not necessary. It is the opinion of the City Planner that the proposal meets the intent of the Zoning Ordinance and tree location on the property creates a hardship. The building setback on the northern side of the property is roughly 7 feet, and the building setback from the existing southerly setback is less than 5 feet. Even though the southwest corner of the new garage will encroach into the required setback, the non-conformity will be decreased slightly. The shape of the newly created parcel is not necessarily desirable. Typically, straight lot lines are preferred. However, there is a shed located in the northwest corner of 1923 40~ Avenue, and the tot split needs to be designed as it is to keep the shed on the property. Note that the Zoning Ordinance does not regulate lot design other than minimum size, width, and setback requirements. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future low density residential development. This proposal does not impact the goals and objectives of the Comprehensive Plan. The poskive aspects of this proposal are as follows: 1. Approval of the lot split and variance will allow the property owner at 4020 Arthur Street to improve the property and an existing non-conformity will be lessened. The negative aspects of this proposal are as follows: 1. The shape of the lot split is not necessarily desirable, but it is designed to accommodate existing conditions on the property. CONCLUSION Sra_g Recommendation: Staff recommends approval of the lot split, provided the newly created parcel is combined with 4020 Arthur St. Staff also recommends approval of the variance because the request meets the intent of the Zoning Ordinance and tree location on the property creates a hardship. Recommended Morion: Move to recommend City Council approval of Resolution 98-106 which is a resolution approving a lot split of the property at 1923 40m Avenue NE, provided the newly created parcel is combined wkh 4020 Arthur St. Move to recommend Cky Council approval of a variance of 5 feet at 4020 Arthur Street because tree location on the property creates a hardship. Attachments: · Boundary Survey; Resolution 98-106; Area map; Completed application; and Public Notice BOUNDARY SURV~f OF 4020 ARTHUR STREET NE i i CERTIFICATE OF SURVEY '!) oty of Address Book - First Revision Colmnbia Hei, hts Address Book SE 1/4 Section 3 4'tO? 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CITY OF COLUMBIA HEIGHTS Application For: Rezoning ~ Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval ~ Other RECEIVED ,nv 1 2 1998 30MMUNITY DEVELOPMEN Fee: ,O--d~ Date Paid ~ece~p: ~o: Z7 9Y~ 1. Street Address 0£ Subject 2. 'Legal Description of Subject Property: Applicant: 4. Owner Address:. ~, . . ~ ~'~ ~--/ Phone Phone: / ~'m ~/.~/--, Description Of Request: ZoninK: Applicable City Ordinance Number Present Zoning. Present Use Section 9 Proposed Zoning Proposed Use 7. Reason for Request: S. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of ~/nnesota. ,~ z Signature of Applicant~C~'~~~~~ Date:.///, Taken By: Ma~ne Sz~m~. Ch~ir CITY OF COLUMBIA HEIGHTS' (l-") ary Pete~on 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782'280~'/~am~dgl/om PLAtVtVltVG AND ZOIV/NG ~,O/J//MISS/OIV NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, December 1, 1998. The order of business is as follows: A request for a Iotsplit of the property at 1923 N. E. 40th Avenue. This is a request to split off and sell an approximately 30 foot strip of land to the property at 4020 Arthur Street. Also,'a request for a variance .to Section 9.108(4) of the Columbia Heights Zoning Ordinance which require~ that one side yard must be at least 10 feet if the p~'operty is not served by an alley in the R-2, Two Family Residential Zoning District. The proposal is to construct a 576 square foot attached garage at 4020 Arthur Street set five (5) feet from the side property line which requires a variance of five (5) feet. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782- 2800, extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT D[BCRIM1NATE ON THE BASIS OF DISABILITY [N EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYEF~ RESOLUTION NO. 98 - 106 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 I, George W. Knoll, Jr., hereby request a split of PIN 36 30 24 42 0027, Legally described as: That part of Lot 9, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION lying east of a line drawn parallet with and 130 feet west of the East line of Lot 10 and all of Lot 10, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION, Exceot The South 70 feet of the North 120 feet of Lot 10 and that part of the South 70 feet of the North 120 feet of Lot 9, lying east of a tine 130 feet west of the East line of Lot 10, All in BIock 17, AUDITOR'S SUBDW1SION OF WALTON'S SECOND SUBDIVISION, Anoka County, Minnesota, Except The North 50 feet of Lot 10, Block 17, and that part of the North 50 feet of Lot 9, Block 17, lying east of a line 130 feet west of the East line of Lot 10, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION, Anoka County, Minnesota. THE DESCRIPTION HENCEFORTH TO BE: 1. That part of Lot 10, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION, Anoka County, Minnesota, described as follows: Beginning at the point of intersection of the East line Lot 10 and the South line of the North 120 feet of Lot 10; thence south 00 degrees 16 minutes 11 seconds east (astronomic bearing based on solar observation), along the East line of Lot 10, A distance of 30 feet; thence south 89 degrees 33 minutes 06 seconds west, parallel with the South tine of the North 120 feet of Lot 10, a distance of 82.16 feet; thence north 33 degrees 36 minutes 01 seconds west, a distance of 35.83 feet to the South tine of the North 120 feet of Lot 10; thence north 89 degrees 33 minutes 06 seconds east, along the South line of the North 120 feet of Lot 10, a distance of 101.85 feet to the point of beginning. TO BE COMBINED WITH PIN 36-30-24-42-0028, 4020 ARTHUR ST. 2. (Remainder) That part of Lot 9, Btock 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION lying east of a line drawn paratiel with and 130 feet west of the East line of Lot 10 and all of Lot 10, Block 17, AUDITOR'S SURDWISION OF WALTON'S SECOND SUBDIVISION, Except The South 70 feet of the North 120 feet of Lot 10, and that part of the South 70 feet of the North 120 feet of Lot 9, tying east of a line 130 feet west of the East line of Lot 10, and that part of Lot 1 follows: Beginning at the point of intersection of the East tine of Lot 10 and the South line of the North 120 feet of Lot 10; thence south 00 degrees 16 minutes 11 seconds east (astronomic bearing based on solar observation), along the East line of Lot 10, a distance of 30.00 feet; thence south 89 degrees 33 minutes 06 seconds west, paraitel with the South tine of the North 120 feet of Lot 10, a distance of 82.16 feet; thence north 33 degrees 35 minutes 01 seconds west, a distance of 35.83 feet to the South line of the North 120 feet of Lot 10; thence north 89 degrees 33 minutes 06 seconds east, along the South line of the North 120 feet of Lot 10, a distance of 101.85 feet to the point of beginning; all in Block 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION, Anoka County, Minnesota. Except The North 50 feet of Lot 10, Block 17; and that part of the North 50 feet of Lot 9, Block 17, lying east of a line 130 feet west of the East line of Lot 10, Block 17, AUDITOR'S SUBDIVISION OF WALTON'S SECOND SUBDIVISION, Anoka County, Minnesota. Be it further resolved that speciat assessments of record in the office of the City of Columbia Heights as of this day, against the above described property, are paid. Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date ~the Council action. Move to recommend City Council approval - Signature of Owner No(-a+i-z~d This 1. day of December ,1~__8__. Offered by: Ramsdel 1 Seconded by: Fowl er RotlCall: 4 ayes, 1 abstain ZoMng 4~fficer CITY COUNCIL ACTION: Approved This _l_.~ day of December ,19__. Offered by: Szu r-ak Seconded by: Roil Call: S t u r d eva n t A] 1 ayes Jo-Anne Student, Council Secretary FEE $150.00 1923 - 40m Ave., Columbia Heiqhts Owner's Address Telephone No. 612-788-7087 SUBSCRIBED AND SWORN TO BEFORE ME thisc¢-c/~day of,X/~,u ¢ :~¢ ~ .¢~' , 19 ~'~¢'~. Joseph Sturdevant, Mayor DATE PAID 11/12/98 RECEIPT No.: 37943 CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER ITEM: APPROVAL OF AMENDED JOINT POWERS BY: K. Hanse~,[~,,~ BY: AGREEMENT FOR TI-1IE SIX CITIES WATERSHED DATE: 12/9/9~ DATE: MANAGEMENT ORGANIZATION DATED 1998 ~t,, ~ Background: The Six Cities Watershed Management Organization was formed on December 30, 1983 through a Joint Powers Agreement under the authority conferred to the member parties in 1982 through the Metropolitan Surface Water Management Act. The cities are comprised of Andover, Columbia Heights, Coon Rapids, Fridley, Hilltop and Spring Lake Park. In 1995, legislation was passed that required the WMO to update its Watershed Management Plan. The revised plan has been written and submitted to the Minnesota Board of Water and Soil Resources (BWSR) for approval. In 1996, the Legislature passed language that required WMOs to amend their Joint Powers Agreements to address issues regarding Board Officers, Advisory Committees, and organization/structure of the WMO. BWSR has approved the Watershed Management Plan conditional upon each community within the Six Cities W-MO approving the minor amendments to the Joint Powers Agreement. Analysis/Conclusions: A revised Joint Powers Agreement is attached with added areas ~~ and are essentially housekeeping measures. The amendments regarding Board Officers, Advisory Committees, and organization/structure are straightforward. The main issue has to do with those aspects of the JPA that deal with capital improvements. Section 3.11 Subdivision (a) on page 8 of the amended JPA reads that capital improvements affecting the WMO shall be consistent with Minnesota State Statutes section 103B.211, Subd. l(c). That section provides that decisions regarding a capital improvement require a two-thirds approval of the board members. It should be noted that the Six Cities WMO has historically left capital improvements up to the individual member cities. The WMO instead has focused on water quality initiatives and promoting educational resources and opportunities. Recommended Action: Move to approve the amended Joint Powers Agreement for the Six Cities Watershed Management Organization. rU.'jb 98-403 Attachment: Joint Powers Agreement COUNCIL ACTION: RESTATED JOINT POWERS AGREEMENT ~ginatly adopted: D~6~ber 30, 1983 ~. ~nded'.' 199~. THIS AGREEMENT entered into as of the date of execution by and between the Cities of: BLAINE COLUMBIA HEIGHTS COON RAPIDS FRIDLEY HILLTOP SPRING LAKE PARK for the establishment of a watershed management organization. WHEREAS, the cities to this Agreement have authority pursuant to Minnesota Statutes, Section 471.59 to jointly or cooperatively by agreement exercise any powers common to the contracting bodies pursuant to Minnesota Statutes, Section 103B; and WHEREAS, the cities bound into this Agreement desire to jointly manage the programs required by Minnesota Statutes Chapter 103: NOW THEREFORE, the parties to this Agreement do mutually agree as follows: SECTION I GENERAL PURPOSE 1.1 It is the general purpose of the parties to this Agreement to establish an organization to jointly and cooperatively develop a Watershed Management Plan and a Capital Improvement Program for the purposes of preserving and using natural water storage and retention systems in order to (a) reduce to the greatest practical extent the public capital expenditures necessary to control excessive volumes and rates of runoff; (b) improve water quality; (c) prevent flooding and erosion from surface flows; (d) promote groundwater recharge; (e)protect and enhance fish and wildlife habitat and water recreational facilities; and (f) secure the other benefits associated with the proper management of surface water. 1.2 Definitions: The following terms and words are defined for use in this Agreement: (a) City - a municipality which enters into this Agreement. (b) Governing body - the elected officials of the City entering into this Agreement. (d) (e) (f) Improvement ~ construction projects which are either designed or affect the surface water flow and/or quality. Member - representative of a city appointed in accordance with this agreement to serve in the organization. Party - a city which executes and enters into this Agreement. Shall - is mandatory and not directory. SECTION II SIX CITIES WATERSHED.MANAGEMENT ORGANIZATION 2.1 Establishment: (a) There is hereby established the "Six Cities Watershed Management Organization" whose membership shall be appointed in accordance with the provisions of this section and whose duties shall be to carry out the purposes contained herein. (b) The Six Cities Watershed Management Organization shalt be the parent organization for the six subdistricts identified as Coon Rapids West which includes Coon Rapids; Pleasure Creek including Blaine and Coon Rapids; Spring Brook Creek including Blaine, Coon Rapids, Fridley and Spring Lake Park; Stonybrook Creek including Fridley and Spring Lake Park; Oak Glen Creek including Fridley and Spring Lake Park; and CFH South including Columbia Heights, Fridley and Hilltop as identified in Exhibit "A". (c) The Organization shall notify"the Board of Water and Soil Resources of member appointments and vacancies in member positions within thirty (30) days. The governing body of each party shall fill vacant positions within 90 days after the vacancy occurs. (d) The governing body of each party shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the Watershed Management Organization area. The notices must state that persons interested in being appointed to serve on the Watershed Management Organization may submit their names to the governing body of each party for consideration. Published notice of the vacancy must be given at least fifteen (15) days before an appointment or reappointment is made. (e) The governing body of each party may remove appointed members of the Watershed Management Organization for just cause. 2 (f) The Six Cities Watershed Management Organization, hereinafter referred to as the "Organization", shall be constituted as described in Section 2.2. 2.2 Membership Appointment: (a) The governing body of each party to this Agreement shall appoint one representative to serve as a member of the Organization. Each member shall have one vote. Membership in or representatives to the Organization shall be evidenced by resolution of the governing body of each party, filed with the Organization. The appointed member of the Organization shall also be the designated member to the appropriate subdistrict. 2.3 Alternate Members: One alternate member to the Organization shall be appointed by appropriate resolution of the governing body of each party to this Agreement and filed with the Organization. The alternate may attend any meeting of the Organization and, where the regular member is absent, vote on behalf of the party the member represents. If an Organization member is also an officer of the Organization, the alternate shall not be entitled to serve as such officer. 2.4 Term: The members of the Organization shall not have a fixed term but shall serve at the pleasure of the governing body of the party appointing such member to the Organization. 2.5 Vacancies: A vacancy in the Organization shall be filled by the governing body of the party whose membership position in the Organization is vacant, within ninety (90) days after the vacancy occurs. 2.6 Compensation and Expenses: The Organization members shall not be entitled to compensation or reimbursement for expenses incurre, d in attending meetings, except to the extent that the governing body of a party might determine to compensate or reimburse the expenses of the member it appoints, in which Case the obligation to make such payments shall be that of the party not that of the Organization. 2.7 Officers. The Organization shall elect from its membership a chair, a vice-chair, a secretary and a treasurer and such other officers as it deems necessary to reasonably carry out the purposes of this Agreement. ~%c~reside at all me~e_t.i~pgs oft~h~e Organ~zatio. n__an_d s~hall. exercise othprduties ~onfe~e4~po~n__hi¢_by~ th~.prg~..niza_tion_._Th? vice-chair shall Perf0rm all of theduties of the chair in case of the disability or absence of the chair and shall have such 0ther duties as conferred upon'him by the oi~ti~)n. The'secretary shall keep minutes of ali meetii~*~f~-th~ Ofgaflization,:prese~-'all d0c.Uments arid records of the orgahization, perform such ~eceSs~ary~_ general co~esp. 0~dence as directpd by th~eO~gfa~.'.'zati~p, and ~uch other duties as conferred upo~ him by the Or~zation. The treasurer ghall sign all receipts and vouchers on behalf of the Org~fion~ ghall keep ~f~_l and accuratei-~C~ 0'{ali' ~ds ieceived ~d paid out on ~behalf of_t.h_ e..0_rgi~2~tion; shall ma.ke_~is records open, at all reasonable times, to the inspectioff Of any member by'the or-g~ahi72tiop,~5)_~_l '.mi_'~tiat~'th?~ap~u~ al £m~cia! audit for the orgahization/and upon the el_ecfi0_ii_~o~ hi~successo_ _ _., h?.~Ehall ....... deliver ail r~. ~ec~9r;dS and.~.~..._~___~ds ..... to his ..... su~. _ __ _c~e~s~._Pr~All such officers shall hold office for a term of one year and until their successors have been elected and qualified by the Organization. An officer may serve only while a member of the Organization and may be re-elected to an office. A vacancy in an office shall be filled from the membership of the Organization by election for the remainder of the unexpired term of such office. 2.8 Quorum: A majority of all voting members to the Organization shall constitute a quorum, but less than a quorum may adjourn a scheduled meeting. 2.9 Meetings: . Regular meetings of the Organization shall be established by the Organization. Special meetings may be held at the call of the chair or by any two members giving not less than forty-eight (48) hours written notice of the time, place and purpose of such meeting delivered or mailed to the office of each Organization member. ;The Ofganization Shall provide r?sogable npJ?~?~?~b~.!C~ieg-~d~g_..the !~c_a~!o~n.~'~_ar~_d t~.~e~p~f0rg~a~Szat~i.0~ meeting_s. ~M~e~t~g_ . . ~ EhalI be schedUled at least annuallY. All meetings of the Organization are subject to Minnesota Statutes, Section 471.705 and shall be conducted in &ccordance with Roberts Rules of Order. 2.10 Organization Office: The office of the Organization shall be determined by the Organization on an annual basis. All notices to the Organization shall be delivered or served at said office. SECTION III POWERS AND DUTIES 3.1 Upon execution of this Agreement by the parties, the Organization shall have the authority as follows: (a) The authority to prepare and a4opt a Watershed Management Plan meeting the requirements of Minnesota Statutes, Section 103B.231. (b) The authority to review and approve local water management plans as provided in Minnesota Statutes, Section 103B. 235. (c) The authority of a Watershed District under Minnesota Statutes, Chapter 103D, to initiate and complete capital improvement projects and regulate the use and development of the land when issues cannot be resolved at the subdistrict level. (d) Other powers necessary to exercise the authoiZity under clauses A through C including the power to enter into contracts for the performance of functions with governmental units or persons. 4 3.2 Subdistricts: (a) Each member of a subdistrict shall advise the other members within the subdistrict of any changes to the Local Watershed Management Plan or changes in land use or zoning involv, ing more than one acre. Responses will be submitted within ten (10) days. Failure to respond shall imply approval. (b) The members of the subdistricts shall attempt to resolve any disputes involving the Watershed Management Plan. If the issue cannot be resolved, it will be presented to the Organization for decision in accordance with the provisions of Section 3.6 of this Agreement. (c) Disputed changes involving watershed management issues shall not be consummated until the dispute is resolved. 3.3 Employment: The Organization maY 'contract for services, may utilize existing staff of the parties, and may employ such other persons as it deems necessary. The Organization shall at least every two years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an Annual Services Agreement as provided by Minnesota Statutes, Section 103B.227, Subd. 5. Where staff services of a party are utilized, such services shall not reduce the financial commitment of such party to the operating fund of the Organization. Where the utilization of staff services is substantial, such services shall reduce the financial commitment of such party when the Organization so authorizes. 3.4 Committees: ~_~ur~:2~b~l~2par~_~c}pation and organizatip~_ ~_a~tt~7~he~ o~g~nization wi!l,- ~o~ ;~i~.~t~,time, ap~oim Such co~i~ees ~d subco~ees~tTdeems 3.5 Rules and Retulations: The Organization may prescribe and promulgate such rules and regulations as it deems necessary or expedient to carry out its duties and the purposes of this Agreement. 3.6 Review and Recommendations: (a) Where the Organization is authorized or r?tuested to review, make recommendations, and/or resolve any matter, the Organization shall act on such matter within seventy (70) days of receipt of the matter referred, unless the Organization requests and receives from the referring party an extension of time to act on the matter referred. If the matter involves works of improvement projects, the Organization may establish a time limit for resolution to allow for appropriate engineering revie~v and analysis. (b) Where the Organization makes recommendations or decisions on any matter to a party, the governing body of a party choosing not to act in accordance with such recommendations or decisions shall submit a ~witten statement of 5 its reasons for doing otherwise to the Organization within twenty-one (21) days of the Organization's action. The Organization shall review the written statement and affirm or modify its recommendations or decisions within twenty-one (21) days after receipt of the written statement. (c) The decisions of the Organization shall be determined by a two-thirds (2/3rds) vote. 3.7 Financial Matters: Subdivision 1 - Method of Operation: (a) (b) The Organization may tax and receive money, in equivalency thereof, from the parties in accordance with Minnesota Statutes, Sections 103B.205 to 103B.231, at the discretion 9.f the parties and said funds shall be due and payable on the date that taxes would normally be received by the Organization. The Organization may apply for and receive funds from any other source it may approve. (c) The Organization may incur expenses and make expenditures and disbursements necessary and incidental to the effectuation of the purposes of this Agreement. Funds may be expended by the Organization in accordance with procedures established herein. (d) Orders, checks and drafts shall be signed by the chair or vice-chair and the treasurer. Other legal instruments shall be executed on behalf of the Organization by the chair and secretary. Subdivision 2 - Operating Funds: On or before August 1 st of each year, the Organization shall prepare an operating budget for the following year for the purpose of providing funds to operate the Organization's business. Annual administrative expenses shall be budgeted and borne by each party in proportion to its current assessed valuation under the jurisdiction of the Organization as compared to the assessed valuation of all property under the jurisdiction of the Organization. The budget shall be recommended to the parties for ratification only upon two-thirds approval of all voting members of the Organization. After approval by two-thirds of the parties, the Secretary shall certify the recommended budget to the County Assessor on or before September 1st of each year. The Organization shall receive the amount owing through taxes unless a city requests separate billing, whereby the Organization shall notify the County Assessor of this change and obtain payment in two equal installments; the first on or before January 1 st and the second on or before July 1 st in accordance with the tax year for which the amount due is being paid. 6 Subdivision 3 - Cost for Review Services: (a) When the Organization is authorized or requested to undertake a review, submit recommendations to a party or resolve an issue as provided in this Agreement, the Organization shall conduct such review, without charge, except as provided below. (b) Where the project size and complexity of review are deemed by the Organization to be extraordinary and substantial, the organization may charge a fee for such review services, the amount to be based upon direct and indirect costs attributable to that portion of review and services determined by the Organization to be extraordinary and substantial. 'C/here the Organization determines that a fee will be charged for extraordinary and substantial review services, the party to be charged shall receive written notice from the Organization of the services to be performed and the fee therefor, prior to undertaking 'such review services. (c) Unless the party to',be charged objects within twenty-one (21) days of receipt of such written notice to the amount of the fee to be charged, such review services shall be performed and the party shall be responsible for the cost thereof. If the party to be charged objects to the proposed fee for such services within twenty-one (21) days and if the party and the Organization are unable to agree on a reasonable alternative amount for review services, such extraordinary and substantial review services shall not be undertaken by the Organization. 3.8 Annual Accounts: The Organization shall make full and complete financial accounting and report to each party annually. All of its books, reports and records shall be available for and open to examination by any pm4y at all reasonable times. 3.9 Gifts. Grants. Loans: The Organization may, within the scope of this agreement, accept gifts, apply for and use grants or loans of money or other property from the United States, the State of Minnesota, a unit of government or other governmental unit or organization, or any person or entity for the purposes described herein; may enter into any reasonable agreement required in connection therewith; shall comply with any laws or regulations applicable thereto; and shall hold, use and dispose of such money or property in accordance ~vith the terms of the gift, grant, loan or agreement relating thereto. 3.10 Contracts: The Organization may make such contracts and enter into any such agreements as it deems necessary to make effective any power granted to it by this Agreement. Every contract for the purchase or sale of merchandise, materials or equipment by the Organization shall be let in accordance with the Uniform Municipal Contracting Law, Minnesota Statutes, Section 471.345 and the Joint Exercise of Power Statute, Minnesota Statutes, Section 471.59. No member or employee of the Organization or Officer or employee of any of the parties shall be directly or indirectly interested in any contract made by the Organization. 7 3.11 Works (a) (b) (c) (d) (e) of Improvement: All capital improvement projects affecting the adopted Watershed Management Plan shall be reviewed by the Organization to insure they are not in conflict with the Plan. The Organization shall act on said projects within seventy (70) days. RAtificatisn of ~capital improvement projec~t~ghall be c?~...,~n~ist~._.£E~.~t~h ~:~sota Statfits~ section 103B.211.~, S~ubd:~ 1.~ Projects for protection and management of the natural resources of the Watershed Management Area, including but not limited to, improvements to property, land acquisition, easements or rights-of-way, may be initiated by: (2) (3) Subdistricts in which the improvement is located; or Recommendation of the Organization to a party or parties; or Petition to the Organization by the governing body of a party or parties. When projects are'zecommended by the subdistrict, the parties involved with each subdistrict shall endeavor to develop and agree on any projects including the extent of the project and the financing. (1) If agreement is reached, one or the other of the parties shall design and cause such work to be done and certify said costs to the Organization for certification to the County and/or billing to the parties including engineering costs, if so agreed upon. (2) If agreement cannot be arrived at amongst the subdistrict parties, said project may be appealed to the Organization for resolution in accordance with the pr?isions of Section; 3.6 of this Agreement. When projects are recommended by the organization, and it determines that the benefits from the improvement will be local, or not affect properties outside the boundaries of the party in which the improvement is to be established, the Organization shall recommend such improvement to the party which the organization determines will be benefited thereby, with the total estimated cost of the improvement and a description of the benefits to be realized by said party. When projects are recommended by the Organization, and it determines that benefits from the improvement will be subdistrict wide or realized beyond'the boundaries of the party in which the~improvement is to be established, the Organization shall recommend such improvement to each party which the Organization determines will be benefited thereby. The recommendation of the Organizat{on shall include the total estimated cost of the improvement, a description of the extent of the benefits to be realized by each party and the 3.12 portion of the cost to be borne by each party in accordance with the extent of the benefit to each party as described by the organization. (1) Each party to whom the Organization submits such recommendation shall respond within twenty-one (21) days from receipt of such recommendation. (2) All parties to whom such recommendations are directed shall ratify and undertake said improvement, or the Organization shall resolve the issues in accordance with the provisions of Section 3.6 of this Agreement. (f) When projects are initiated by the governing body of a party or parties to this Agreement, said party or parties shall submit a petition to the Organization setting forth a description of t.h.e proposed project, the benefits to be realized by said improvement, its total estimated cost and a proposed cooperative method for implementation of the improvement, if applicable. The Organization shall' review and make recommendations on the l~roposed improvement and its compliance with the Organization's management plan in accordance with the provisions of Section 3.6 of this Agreement. (g) When a proposed improvement may be eligible for federal or state funds as a cost-shared project, the Organization may apply for said funds subject to the Organization's ratification by two-thirds (2/3rds) of the members. (See Minnesota Statute, Section 103B.211(1) (C). (h) The Organization is further authorized to undertake experimental improvement projects within the Area to serve as a basis for evaluation of other improvements by the parties. When the Organization determines to undertake an experimental improvement project, it shall follow the procedure outlined in Section 3.11 (e). Maintenance of Improvements: (a) (b) The Organization shall levy taxes for the maintenance of facilities within the jurisdiction of one of the parties upon request of the governing body of said party. In addition, upon agreement by the parties within a subdistrict, in any manner agreed upon by said parties, the Organization shall levy taxes within the subdistrict as requested by the parties. This Agreement shall not preclude any subdistrict's members from entering into Joint Powers Agreements for operation, maintenance, or improvements within the subdistrict to the extent they do not conflict with rules, regulations, and the capital improvement plan of the Organization. Such agreements shall not require approval of the Organization. 3.13 Insurance: The Commission may purchase property and public liability insurance as it deems necessary. 3.14 General: The Organization may take all such other actions as are reasonably necessary and convenient to carry out the purposes of this Agreement. SECTION IV ARBITRATION 4.1 The parties to this Joint Powers Agreement agree that any controversy that cannot be resolved between the parties and the Organization through the review and recommendation procedures outlined herein shall be submitted to,binding Arbitration. The Uniform Arbitration Act (Minnesota Statutes, Sections 572.08 - 572.30) is adopted by the Organization as the authority to be followed in submitting all controversies to Arbitration. The result of the Arbitration shall be binding on the parties and the Organization. Arbitration shall be 'by a panel of three arbitrators. The parties and the Organization shall each select one arbitrator to represent its position in the controversy. The two arbitrators shall then select a third arbitrator, and in the event they are unable to agree on a third arbitrator, either side may petition the District Court to appoint a third arbitrator. Thereafter, Arbitration shall proceed as outlined in the Uniform Arbitration Act. SECTION V TERMINATION OF AGREEMENT 5.1 This Agreement may be terminated by approval of two-thirds vote of the governing bodies of each party hereto, provided that all such approvals occur within a ninety (90) day period. In. addition, ~ninety (90) day~.pp~_i~9~ ~t~t0 dissolve shal~l be~?r~Vided to ~oka C0.___~-~-d the Mi~esota B6~d of water of Soil Resourcbs~: SECTION VI DISSOLUTION OF ORGANIZATION 6.1 Upon dissolution, all personal property of the Organization shall be sold and the proceeds thereof, together with monies on hand after payment of all obligations, shall be distributed to the parties. Such distribution of Organization proceeds and monies on hand shall be made in proportion to the total monetary contributions to the Organization made by each party. All payments due and owing for operating costs under Section 3.7, Subdivision 2, or other unfulfilled financial obligations, shall continue to be the lawful obligation of the parties. 10 CITY OF COON tLAPIDS SEAL Dated: By By Mayor City Manager SEAL Dated: November 9, 1998 CITY OF FRIDLEY By ~¢,4~_~. ~/~q.~~ N~cy ~///Jo/g~ on Mayor By ~7~/?~,/,Z~,¢~ ~ 7z~z~z~o.~/~_ William W. BurnsCity Manager CITY OF HILLTOP SEAL Dated: By By Mayor City Clerk CITY OF SPRING LAKE PARK SEAL Dated: By By. Mayor City Clerk 12 CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ~._..~ ITEM: APPROVAL TO PURCHASE CONSTRUCTION BY: K. Hansen.,l~...~..~ MATERIALS FOR A SALT STORAGE FACILITY ~- l~ DATE: 12/9/~L~-~ DATE: Background: For the last four years, Public Works has requested a salt storage facility for the following reasons: · More cities are changing their deicing operations from salt/sand application to straight salt or salt brine application. As a result, and dependent on demand, salt availability may be affected. Therefore, it is strongly recommended that an average season's supply of salt be kept on hand to avoid supply and delivery problems. · Uncovered salt or salt/sand piles waste a lot of material. The salt leaches out of the piles when they become wet. This material goes directly into the storm sewer with no benefit to the City and may cause environmental concerns to the receiving water body or even ground water. · Covering the storage piles with tarps is only partially successful and access to the material is made more cumbersome. · It is very difficult to fmd disposal sites for street sweepings from heavy sanding applications. Staff will be evaluating conversion to straight salt or salt brine application over the next couple of years. The requested amount of $40,000 for the construction of a salt storage facility has been cut from the Public Works budget in each of these years, and is proposed to be cut again in 1999. Analysis/Conclusions: The construction of a salt storage facility would improve the City's snow and ice control operations and help protect the environment. At the October 14th Public Works Budget Hearing with the City Council, an alternative plan was presented with the work being performed in-house at an estimated material and rental cost of $15,000. The winter weather in 1998 has been, and continues to be very mild. As a result, it appears the 1998 Street budget will not expend all budgeted funds. As of October 31, 1998, the remaining balance was $223,377.53. This amount equates to 38% of the total Street Department budget. With just two months remaining in the budget year, Public Works is recommending to purchase the material needed to construct the salt storage facility from the 1998 budget, leaving the request out of the 1999 City budget as originally proposed. Recommended Motion: Move to approve the purchase of construction materials to construct a salt storage facility in the Municipal Service Center yard with funds to be taken from 101-43121-2160 in an amount not-to-exceed $15,000. 98-404 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: d.~ PUBLIC WORKS ITEM: APPROPRIATION OF REIMBURSED GRANT BY: K. Hanse BY: FUNDS TO PUBLIC WORKS DEPARTMENT BUDGET DATE: 12/9/98~-:~ DATE: Background: At their July 9, 1998 regular meeting, the City Council approved an agreement with the Federal Emergency Management Agency (FEMA) for reimbursement of City costs incurred during the storm events of May 15 and May 30. The City received $17,303 in November which reimbursed 90% of the tree removal, overtime, and force account equipment costs incurred by the City. Analysis/Conclusions: The amount of $17,303 has been received and placed in the General Fund Revenue Account. I am requesting that the City Council direct this money to be appropriated from the General Fund Revenue to the Public Works Department's budget under the following line items: 101-46102-3050 $ 7,259 101-46102-1070 $ 2,065 101-46102~1700 $ 2,641 101-46102-5180 $ 1,830 101-43121-5180 $ 1,857 $15,652 This will reimburse those Public works Department budgets that incurred costs for the May and June storm events. $1,651 of the $17,303 is for Fire Department reimbursement activities. Recommended Motion: Move to appropriate $15,652, the total amount reimbursed from FEMA from the General Fund Revenue to the Public Works Department's 1998 budget. XH~b 98-405 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: d~ PUBLIC WORKS ITEM: RESOLUTION ADOPTING SNOW A,ND ICE BY: K. Hanse BY: CONTROL POLICY /~/ I DATE: 12/9/9'8~'~ DATE:/~./v Yq~f-"~ Background: The Snow and Ice Control Policy was reviewed by city staff and updated this year. Several changes have been made in the assignment of plow routes to make better use of new equipment and improve salt/sand application. Based upon an October 8% 1998 Snow and Ice Control workshop sponsored by the League of Minnesota Cities, it is strongly recommended by attorneys at the LMC that every city have a snow and ice control policy that is reviewed by the City Council and approved by resolution. Our policy has been reviewed with the council in the past but a resolution approving the city's Snow and Ice Control Policy has never been adopted. Analysis/Conclusions: In an effort to improve ice control, the following changes to the policy have been made: The depth of snow accumulation required for a full City plow has been changed f~om 3 ½" to 3". Two drop style sanders have been replaced with spinner style sanders. Roof maintenance at Murzyn Hall, Police Station and Library was added to the policy. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 98-l/.~adopting the Snow and Ice Control Policy for the City of Columbia Heights. rH~b 98-406 Attachment: Resolution Snow & Ice Control Policy (distributed at 12/7/98 Work Session) COUNCIL ACTION: RESOLUTION NO.98 - 113 RESOLUTION ADOPTING THE SNOW AND ICE CONTROL POLICY WHEREAS, a Snow and Ice Control Policy has been developed and recommended by City staff; and WHEREAS, adoption of said policy has been determined to be in the best interest of the City of Columbia Heights, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that said Snow and Ice Control Policy is hereby approved and adopted. Dated this 14th day of December, 1998. Offered by: szu tek Sturdevant Seconded by: A1 ] ayes Roll Call: CITY OF COLUMBIA HEIGHTS BY Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof hetd in the City of Columbia Heights, Minnesota, on the 14th day of December, 1998, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: /~, PUBLIC WORKS CONSiDERATION OF A COST SHARING DATE: 12/9/98 ~-~ COOPERATIVE AGREEMENT FOR CONSTRUCTION OF A TRAFFIC CORRIDOR COOPERATIVE ,1 , IMPROVEMENT PROGRAM ~' ~1 Background: At the September 28, 1998, the City Council discussed and accepted the Traffic Study Report for Central Avenue, from 37~ Avenue to 43rd Avenue. Analysis/Conclusions: The Central Avenue traffic study presented several recommendations for improvements of both safety and traffic flow along the corridor. One of the recommendations was for the application of cooperative Funds to M_n~OT for a Central Avenue Improvement Project from 37t~ to 43rd Avenues. By procedure, Mn/DOT requires a resolution approved by the City Council which provides that if Cooperative Funds are awarded, the City will enter into an agreement with the State for a cost sharing cooperative agreement. It is then the City's responsibility for project design and contract administration. Recommended Motion: Move to waive the reading of the resolution, there being ample copies available to the public. Recommended Motion: Move to approve and adopt Resolution No. 98-//4 requesting Mn/DOT to enter into a cost sharing agreement for Central Avenue as prescribed in the August 1998 traffic study. 98-407 Attachment: Resolution COUNCIL ACTION: RESOLUTION NO. c)8-112 RESOLUTION REQUESTING MN/DOT CONSIDERATION OF A COST SHARING COOPERATIVE AGREEMENT FOR CONSTRUCTION OF A TRAFFIC CORRIDOR COOPERATIVE IMPROVEMENT PROGRAM WHEREAS, the City of Columbia Heights proposes to make certain intersection improvements at the intersection of Trunk Highway 65 WHEREAS, the improvements will benefit both the City of Columbia Heights and the Minnesota Department of Transportation. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Columbia Heights that the City shall be responsible for the preliminary engineering, project design, right-of-way acquisition and permitting functions of said improvements; and BE IT FURTHER RESOLVED that the construction costs of the improvements be shared between the Minnesota Department of Transportation and the City of Columbia Heights; and BE IT FURTHER RESOLVED, that following approval by the Minnesota Department of Transportation of plans and specifications for said improvements, and before the contract letting for the construction of said improvements, the Minnesota Department of Transportation shall prepare an agreement to provide for the State to pay its share of the costs of the improvements in accordance with the latest "Procedures for Cooperative Projects with Municipalities". Dated this 14th day of December, 1998. Offered by: Szu tek CITY OF COLUMBIA HEIGHTS Seconded by: Sturdevant Roll Call: A11 ayes BY Mayor Jo-Anne Student, Council Secretary CERTIFICATION State of Minnesota County of Anoka City of Columbia Heights I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Columbia Heights at a meeting thereof held in the City of Columbia Heights, Minnesota, on the 14th day of December, 1998, as disclosed by the records of said City in my possession. Seal Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: December 14 1998 AGENDA. ~ECTION: CONSENT AGENDA ORIGINATING DEPARTMENT CITY MANAGER NO. ~ POLICE APPROVAL: ITEM:Ordinance No. 1382 Amending Ordinance 853 BY: Thomas M. Johnson BY: City Code of 1977, Pertaining to Background Checks. DATE: December 8, 1998 DAT No. BACKGROUND For the past several years the Columbia Heights Police Department has been a part of the Crime Free Multi-Housing program. Part of this program is helping property owners and landlords in the selection of new tenants. Part of the assistance we would like to offer the property owners and landlords is the ability to run Minnesota criminal history checks on potential tenants. In order to do this, the Bureau of Criminal Apprehension requires that we have an ordinance that allows us to run these checks. ANALYSIS/CONCLUSION With the assistance of the City Attorney, the Police Department has developed the attached ordinance, which we would like to see approved. RECOMMENDED MOTION Motion: Move to waive the first reading of Ordinance 1382, there being ample copies available for the public. Motion: Move to schedule the second reading of Ordinance 1382, to allow the Columbia Heights Police Department to perform Minnesota criminal history checks on potential tenants of the city for December 28, 1998, at approximately 7:00 p.m. TMJ:mld 98-399 Attachment COUNCIL ACTION: ' C TY OF COLUMBIA HEIGHTS 559 MILL STREET N.E., COLUMBIA HEIGHT$~ MN 55421-3882 (612) 782-2800 TDD 782-2806 MINNESOTA CRIMINAL HISTORY CHECK ON POTENTIAL TENANT Full Name (First, Middle, Last) Full Address , being the landlord or property owner of , which is a rental property in the City of Columbia Heights, Minnesota hereby request that the Columbia Heights Police Department run a Minnesota Criminal HistOry Check and a local records check on the below listed individual(s). In understand this information is to be used for the sole purpose of tenant screening. Signature Date Day Time Phone Number I hereby authorize the Columbia Heights Police Department to run a Minnesota Criminal History check and a local records check on myself and authorize them to give this information to the landlord/property owner listed above. The sole purpose of this check is for tenant screening. Applicant #1 Full Name (First, Middle, Last): Maiden Name or Other Names used: Date of Birth' Sex: [] Male [] Female Race: Current Address City: State: Zip Code: Signature Applicant #2 Full Name (First, Middle, Last): Maiden Name or Other Names used: Date of Birth: Current Address Date Day Time Phone Number Sex: [] Male [] Female Race: City: State: Zip Code: Signature Date Day Time Phone Number THE CiTY OF COEUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BAS]S OF DISABILITY IN EMPLOYMENT ORTHE PROV]SION OF SERVICES EQUAL OPPORTUNITY EMPLOYER ORDINANCE NO. 1382 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853 CITY CODE OF 1977, PERTAINING TO BACKGROUND CHECKS WHEREAS, the City of Columbia Heights is a participant in a program known as "Crime Free Multi Housing," a major concept of this program is the screening of new tenants by the property owners for the protection of local residents, property owners, tenants, and the overall public safety of the community; WHEREAS, part of said screening consists of a Minnesota criminal history check through the Minnesota Bureau of Criminal Apprehension; WHEREAS, the Minnesota Bureau of Criminal Apprehension requires that a city have a city ordinance authorizing the city to run Minnesota criminal history checks for the purpose of screening potential tenants of rental property; and WHEREAS, this is a process that will be beneficial to the residents of Columbia Heights and its property owners; NOW THEREFORE BE IT ORDAINED by the City Council of the City of Columbia Heights that the Columbia Heights Code of 1977 be amended by adding Article IV, Section 11, as follows: 5A.411(1). That for the protection of local residents, property owners, tenants, and the overall public safety of the community, the Columbia Heights Police Department is hereby authorized to conduct Minnesota criminal history checks for the purpose of screening potential tenants of real property, subject to the following conditions: a) a request is made by the property owner/landlord in writing b) a signed consent form from the subject of the check is received by the Columbia Heights Police Department c) authorization is received from the subject of the check to release said information to the property owner/landlord d) the purpose and use of said information is solely for assisting in the screening of potential tenants. This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: Offered by: Seconded by: Roll call: December 14, 1998 Joseph Sturdevant, Mayor ~o-A_nne gtuctent, gecretary CITY COUNCIL LETTER MEETING OF: DECEMBER 14, 1998 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: ~ i FINANCE APP. ROVAL GUIDELINES NO: ~'~ ' ]- DATE: NOV. 20, 1998 Income eligibility guidelines for senior citizen utility rates are established on an annual basis. The 1998 maximum income eligibility level was set at $16,800. Attached is a resolution establishing the 1999 maximum income eligibility level at $17,200 to receive reduced senior citizen rates in 1999. This amount was computed utilizing the same formula that has been used in prior years. The formula used is the maximum Social Security benefits for an individual 65 years old, plus 4% rounded to the next even $100 increment. For 1999, the maximum Social Security level for a 65 year old individual is $16,476. The 4% adjustment to this figure in the City's eligibility level allows for $724 in other income. The City Council can set any formula or amount for income eligibility. The formula used here and in the past is equitable for the truly Iow income senior citizens. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people qualify for reduced rates, the rates for non-qualifying people will have to be raised to ensure adequate revenue in the utility fund. For several years, the number of seniors receiving the reduced rate has remained constant at approximately 200 residents. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. RECOMMENDED MOTION: Move to adopt Resolution 98-/07being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. RS:dn 9811204 COUNCIL ACTION: RESOLUTION NO. 98- 107 RESOLUTION ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR REFUSE, SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES WHEREAS, the City Council has previously established eligibility standards for senior citizens for Refuse Service, Disposal, and Water Supply; and WHEREAS, It has been the City's practice to maintain uniform eligibility standards whenever possible: NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights as follows: 1. That anyone over 62 years of age with a maximum household income of $17,200 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 1999. Passed this 14 day of December ,1998 Offered by: Szu tek Seconded by: Stu rdevan t Al1 ayes Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER MEETING OF: DECEMBER 14, 1998 AGENDA ,S~CTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO.: ~'p FINANCE APPROVAL FUNDS OF THE CITY OF COLUMBLA HEIGHTS DATE: NOV. 20, 1998 NO.: 4-- '~ Each year the Council passes a resolution designating depositories for City funds and for investment purposes. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the City must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. The resolution also contains a section covering access to City safe deposit boxes. It is staf£s recommendation that the City Council adopt this resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution 98-d&dthere being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98-~__4Pbeing a resolution designating depositories for City funds of the City of Columbia Heights. WE:dn 9811203 Attachment COUNCIL ACTION: RESOLUTION NO. 98- 108 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR ~ CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast State Bank and Norwest Bank are hereby designated as depositories of the funds of this corporation. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of this corporation on deposit with said banks shall be signed by the following: Mayor City Manager Clerk-Treasurer and that said banks are hereby fully authorized to pay and charge to the account of this corporation any checks, drafts, or other withdrawal orders. BE IT FURTHER RESOLVED, that the Northeast State Bank and Norwest Bank as designated depositories of the corporation be and it is hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in this corporation's name, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: Mayor City Manager Clerk-Treasurer and that Northeast State Bank and Norwest Bank shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized kn¥ ~tm~rtt~ ak ~t ~th in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of any one of the following named City employees are required for access to safe deposit boxes: Finance Director City Manager Assistant Finance Director Accounting Coordinator Passed this Offered by: Seconded by: Roll Call: 14th day of December ,1998 Szurek Sturdevant All ayes Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary 9811203 CITY COUNCIL LETTER Meeting of: DECEMBER 14, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO:/'~ FINANCE APPROVAL ITEM: SPECIAL LAWS ENACTED IN THE BY: WILLIAM E LRITE BY: 1997AND 1998 SESSIONS ~.~/ DATE:DEC. ~_~. DATE: NO: The City Council requested legislative action on passing two special laws, one in 1997 and one in 1998. The 1997 law was for the scattered site housing replacement district. This law authorized the City of Columbia Heights to designate up to 50 parcels in the City to be included in a housing replacement district. The 1998 law was in relationship to the Columbia Heights Volunteer Fire Department Relief Association Board of Directors and pension plan. Under this law, the Board of Directors was established in accordance with State statutes, and the pension plan was converted from a defined benefit to a defined contribution plan. Both of these laws were initiated by the City Council and were passed in accordance with the request from the City Council. At this time, the Office o£the Secretary of State requires that the Council adopt a resolution approving the special law chapters and to file a Certificate of Approval with the Secretary of State. RECOMMENDED MOTION: Move to waive the reading of Resolution 98-110, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98-110, being a resolution approving special law 1997 Chapter 231, article 10, sections 12, 13, authorizing the housing replacement district. WE:dn 9812032 COUNCIL ACTION: RESOLUTION NO. 98-110 RESOLUTION APPROVING SPECIAL LAW 1997 CHAPTER 231, ARTICLE 10, SECTIONS 12, 13, AUTHORIZING THE HOUSING REPLACEMENT DISTRICT WHEREAS the City of Columbia Heights desired a scattered site housing replacement district, and WHEREAS special law 1997 Chapter 231, Article 10, sections t 2, t 3, established a special law authorizing the designation of up to 50 parcels in the City to be included in a housing replacement district, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights approves law 1997 Chapter 231, Article 10, sections 12, 13 designating the housing d/strict. Passed this l~th day of D~o~mk~- , 1998 Offered by: Szu re[< Seconded by: S t u r d eva Roll Call: A11 ayes Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary 9812032 Office Of the secretarY °f State State of Minnesota Joan Anderson Growe Secretar~ of State Elaine Voss Deputy S~cmtary of State · 100 Constitution Ave., 180 State Office Bldg. St. Paul, MN 55155-1299 August 1, 1998 Election Division: (612)296-2805 Business Service Information: (612)296-2803 6eneral Information: (612)296-3266 UCC & Business Service Fax: (612)297-5844 Election Division Fax: (612)296-90'73 TO: FROM: SUBJECT: Local Government Units Election Division Secretary of State SPECIAL LAWS ENACTED IN THE 1997 and 1998 SESSIONS Chapter .~c/O, ~f~c~,.~ ~'7. %~_c._t:-~,~ i , 199_~ session laws requires a copy of the Resolution Capproving the ~chapter and a Certificate of Approval (which we have enclosed for your use) to be filed with this office in order for the chapter to become law. The Resolution and Certificate of Approval must be filed before the start of the legislative session (January 5, 1999), otherwise the chapters requiring approval by local units of government will not become law. If you have any questions please contact Renee Coffey at (651)297-5845. enc. 0898.1tr 'An Equal Opportunity Employer" Pdnted with Soy Ink., on Recycled Paper Ch. 390, Art. 6, § 1 80th LEGISLATURE ARTICLE 6 UNCI2kSSIFIED STATE EMPLOYEE PENSION PLAN MODIFICATIONS Section 1. M/nnesota Statutes 1996, section 352D.12, is amended to read: 352D.12 TRANSFER OF PRIOR SERVICE CONTRIBI. FI~ONS crecy%An employee who is a par~cipant in the tmcl~6ed program and who has prior in a covered plan under chapters 3A~ 352, 352C, 353, 354, 354A, and 422A may, wmmn the time 1/m/ts specified in this section, elect to tr~,~fer to the un~l~-~ed program prior service contn%utions to one or more of those plans. Participants with s/x or more ye~-s of prior service credit in a plan governed by chapter 3A or 352C on 3uly 1, 19~., may not transfer prior service contributions. Participants with les~ than six years of prior service credit in a plan governed by chapter 3A or 352C on 3uly 1, 1998, must be contributing to the unclassified plan on or after 3anuary 5, 1999, in order to transfer prior contr/butions. (b) For partic/pants with pr/or service cred/t in a plan governed by chapter 352, 353, 354, 354A~ or 422~ "prior service contributions" means the accumulated employee and equal employer contr/butions with interest at an annual rate of 8.5 percent compounded annual]y, based on fiscal year balances. For participants with less than six years of service credit as of 3uly 1, 1995, and with prior serv/ce credit in a plan governed by chapter 3A or 352C, "prior sere~ce contributions" means an amount equal to twice the amount of the accumulated member contributions plus annual compound interest at the rate of 8.5 percent, computed on fiscal year balances. (c) I2 a participant has taken a refund from a .~._nflrelirement plan listed in this section, the participant may repay the refund to that .... ~'-'~plan, notwithstanding any restrictions on repayment to that ~×plus 8.5 percent interest compounded annually and have the accumulated employee and equal employer contributions transferred to the unclassified program with interest at an annual rate of 8.5 percent compounded annually based on ~ year balances. If a person repays a re.~and and subsequently elects to have the money transferred to the unclassified program, the repayment amount, including interest, is added to the fiscal year balance in the year which the repayment was made. (d._~) A participant elec~iug to transfer prior service contributions credited to a retirement plan governed by chapter g52, 353, 354, 354A~ or ~- as provided under this section must complete the application for the transfer and repay any refund within one year of ~y !, !9~ ~- the commencement of the employee's participation in the unclassified pro~ ~. A participant electing to transfer prior service contr~'butions credited to a retirement plan governed by chapter 3A or 352C as provided under this section must complete the application for the tr~n.~l'er and repay any refund between January 5, 1999, and June 1, 1999, if the employee commenced participation in the un~ed program before January 5, 1999, or within one year of the commencement of the employee's participation in the unclassified program if the employee commenced participation in the unclassified program after January 4, 1999. Sec. 2. FUNDING. Money appropriated in Law~ 1997, chapter 202, article 1, section 31, may be used to make transfers of funds on behzlf of legislators and constitutional officers under section 1. Sec. 3. EFFECTIVE DATE. Sections 1 and 2 sre effective July 1, 1998. ARTICLE 7 LOCAL POLICE AND FIRE RELIEF ASSOCIATION PENSION CHANGES Section 1. COLUMBIA HEIGHTS VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION; INCORPORATION AND PLAN RESTRUCTURING. Subdivision I. ORGANIZATION AND PLAN RESTRUCTURING. Notwithstanding the provisions of Laws 1977, chapter 374, sections 38 to 60, as amended~ the entity currently 1998 REGULAR SESSION known as the "Columbia Heights become incorporated under MJnne~ bia Heights volunteer fire departmt Minnesota Statutes, chapters 69, volunteer fire department relief s~ ment relief association may department relief association? vo.t~. Provide that fuUn-e benefits payao!, lump sum service pensions under SublL 2. BOARD RESTRUC'I with Minnesota Statutes, section section. Sec. 2. MINNEAPOLIS FIRE SURVIVORS. (a) Notwithstanding Laws 1997 any service pensioner or disabi~%~' association who died between spouse benefit equal to the 100 pe would have been eli~ble to ~le~ optional annuity form on the date (b) The benefit under paragra] the Minneapolis fire department r (c) The benefit under this secti day of the month next following t~ must include the increase amount Sec. 3. Laws 1977, chapter 61, is amended tn read: Sec. 6. FINANCIAL REQUIR amount sufficient to pay ~ investment income of the trust fl flind for the succeeding year as ¢. O~ ~ ~,,~;,~;~ ~ All ~ ~) ~ ~e ~ of Evele~ f~ y~, no ~s~ment 1~ or ~ 1~7~ ~p~ ~ ~ 4. La~ 1~5, ~p~ ~ ~on 1. E~~ POL~ No~~g ~Y g~ ~o~ ~d o~er tenement ~ ~d ~ ~t ~d ~ ~ ~. 5. EFFEC~ DIE. (a) ~on 1 ,~ ~e ~e ~d~ ~ 80th LEGISLATURE MODIFICATIONS i to read: n and who has prior service J~ and 42aA may, within unclassified program prior ~ with six or more years of o.n July 1, 199~, nmy not mx years of prior service mus~ he contributing to the msfer prior contributions. ~ by chapte= 352, 353, 354~ dated employee and equal ~nt compounded annually, ~ears og service credit as of :hapter 3A or 352C, '~prior nount of the accumulated' f 8.5 percent, computed on m listed in this section, the ~'ding any restrictions on ed annually and have the ferred to the unclassified · d annually based on fisea] elects to have the money luding interest, is added to s credited to a retirement ~d under this section must ~ one year of 3'~y !, !9.~ ~ified program, ~ credited to a retirement .ection must complete the 5, 1999, ~nd June 1, 1999, mn before January 5, 1999, .ipation in the unclassified ed program after January, ,31, may be used to m~e o~icers under section 1. :NSION CHANGEs 7RING. Notwithstanding nded, the 'entity currently 1998 REGULAR SESSION Ch. 390, Art. 7, § 5 ,known ~. the ~ia, He.i_.ht,s fu,e de artrnent relief association, volunteer d/vim'on" shall · ¢~,~ ~a¢~ assomauon. Tile new entit ~ be overn VOl . . . u ,~, v~r laws a Ucaole to ~e art- lumo sum ~ ~7~---~Y-'-~vie-.r~ any. m~..rn~r~.r, ox me. as~ocmuon are defi~ed eon~bution - -- .--- ~-~ unuer r~nnnesor~ b~a~_~, section 424A.02, subd/vision 4. Suni 2. BOARD RESTRU~-rURING. The board mus~ be reconstituted in conformance w/~-~esota Stamtes~ set, on 424A.04 ~thin 90 days after the effec~ve date of section. ~c. 2. MINNEAPOLIS FIRE; OPTIONAL ANNIHTY EXTENSION TO CERTAIN SURVIVORS. an~)s~NO, ct~e'~_di~n__g__La~? ,1,,_.9~7~, ,chatter 233, a~ti~ 'cl_e 4, section 18, the surviving spouse or ~ . . ~.-luner or m~om~ oenen~ rec/pien~ of the Minneaoolis ~re dena~uuont association who died bet~veen july 1 1997 ~-~ r~.~.~. ..... , ...... ~ ~ ~ which the decedent vT,~ ~v~ .eye. n engmJe ~o seJec~ if the decedent had been entitled and able to select an .optional annmt7 form on the a~te of death. .~.) The benefit under paragraph (a) is in lieu of any other survivor benefit payable from the Minneapolis fire dep~izaent r~l/~f association. ~naYus,Ox;_~_,.e.~o~n,~n.nex~ muowmg me .e~ecu~..e da~e of this section. The i~ benefit payment, ~ m~u~e me increase amounrz reu'oact/ve to October 1, 1997. - -- Sec. 3. Laws 1977, chapter 61, section 6, as amended by Laws 1981, chapter 68, section 39, is amended to read: Sec. 6. FINANCIAL REQUIREMENTS OF THE TRUST FUND. Com.-..=n*mg Y"_'~.u-_~ !, !~(a) The city of Eveleth shall provide by annual levy an amount sufficient to pay +~ ~ + of =-~+~:r (a) an amount which when added to the investment income of the trust fund is sufficient to pay the benefits provided under the trust f~d for the succeeding year as certified by the beard of trustees of the trust fund.j or ................... zI0n. -+~-:--:fc..'rsfl to ~c -+a-'._~. -~'-~.d. - y~), nL~o ~ooestt~mEzf~e_~:t~Smto ,contribute th.e a?. ount required in paragraph (a, ina given ~ ~,- r .... ,~,~ _~_k.~j__ ~.m~.ens ,.~r~an, r~ una..ej' ,~aws 1995, chapter 262, article 10, sectio',, :~ ...... ~, ~p~er ~.~,, at.cie z? sec~on 19, iz ~ayable in the following year. · Sec. 4. Law~ 1995, chapter 262, article 10, section 1, is amended to read: Section 1. EVELETH POLICE AND FIREFIGHTEI~; BENEFIT INCREASE.m Notwit~ding any gener~ or special law to the conU~ry, in addition to the current pensions and other retirement benefits payable, the pensions and retirement benefits payable to retired police officers and fire~ghters and their surviving spouses by the Eveleth police and ~ trust fund are incr~ by $100 a mouth, lncre~zes are reti'oactive to January 1, 1995. ~ ~c _~.y ^~ '~--'^+~ ~.n. +~ ~..+~...+ ..... , ~ . .... f:>..S~on .½.~. eme~e ~e ~y ~ ao~ by the Colu~,bla Hei~-~ ciV coun~ ..eomp,,-nce wire Minnesota St~_~_,te~, section 645.021, · ~ ,m ~ ~ rulers.e; m,~., ~ ~ 881 Ch. 231, An, 10 LAWS of MINNESOTA for 1997 2568 t~x rates or (B) the original local tax rate to the retained captured net tax Capacity oftl~ authority is the tax inc~emen! of the authority. ~ ' aue'---~r~:~rtification was made ~'ter Jkne~, 1997, and to o-'~dlstrict for which the governing body ma-y, by resoluuon approving the tax ~ ~'-~g plan pursuant to set, on 469.! 75, subdivision 3, ~ tl~ f-~ ~ (1) The original net lax capacity shall be determined before the application of the fiscal disparity provisions of chapter 276A or 473F. The ~u'rent net mx capacity shall exclude any fiscal disparity commercial-industrial net lax capacity increase betwee~ the original year and the current year multiplied by the fiscal disparity ratio determiaexl pur- suant to section 276A.06, subdivision 7, or 473F.08, subdivision 6. Where the origi~ net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net mx capac. ity and the current net tax capacity is the captured net mx capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local Iaxing districts is the retained captured net tax capacity of the author- ity. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net m.x capacity of the local taxing districts in determining local taxing dish-icl lax rates. The local mx rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing distria tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. (3) An election by the governing body pursuant to paragraph CO) shall be submitted to the county auditor by the authority at the time of the request for certification pursuant to subdivision 1. (c) The method of computation of tax increment applied to a dislricl pursuant to paragraph (a) or CO) shall remain the same for the duration of the district, exoept that governing body may elect to change its elex:uon from the method of c~mputauon m para graph (a) to the method in paragraph ~ 12. Laws 1995, chapter 264, article 5, section a-~, subdivision 4, as amended by Laws 1996, chapter 471, article 7, section 21, is amended to read: Subd. 4. AUTHORITY. For housing replacement projects in the ~ of Crystal, .,,,h,,;i,~ i,, ,nd far the city of FridieY or a successor m interest, i-or housing r~p~-~.~ ,,,~i~.~ in the ciw of M. inneapolis, "authority means the M/nn~ corem ~el~pment age;~y. For housing replacement pro] .e~s ~n the ct~ of.St. means the St. Paul housing and redevelopment authority, i-or aousmg repm~;~ jeers in the city of Duluth, "authority" means thc Duluth economic development author' ity. For housing replacement projects in the city of Richfield, "authority" is the au~O~ as defined in Minnesota Statutes, section ~69.174, subdivision 2, that is designated Y 2569 LAWS of MINN~ body of the city of Richfield. For 1- y" is the auth'%'R~ that is designated by t_ ~ See. 13. Laws 1995, chapter 264, article: laws 1996, chapter 471, article 7, section 22 Subdivision 1. CREATION OF PRO,Il i~g replacement project under sections 4~ to (b) For the cities of Crystal, FHdley, ~ ~ority may designate up to 50 parcels in tbe c divot. No more than ten parcels may be inclt · dditionat parcels added to the district in eacah Mimaeapolis, St. Paul, and Duluth, each auth cit~ to be included in a housing replacement par~ls that may be included in a district are ( ~ or (3) parcels containing houses tha Mianesota Statutes, section 469.174, subdi,, (c) The city in which the authority is loc. i~g replacement projec~ costs from its gene ~iaed money, not including tax increment (d) The housing replacement district ph of parcels for the purpose of preparing the ~i~ ~ this section, "market rate housing" means e~ceed 150 percent of the average market v~ ., Sec. 14. ~CITY OF BROOKLYN C~ NANCING. Subdivision 1. APPLICATION OF' di~~, established on Decemb~ ~.~~', ~nesota statutes, section ~ Subd. 2. EFFE~ DATE. This .~r.~f'~-~i~ion 3. Sec. 1~. CITY OF BUFFA-I.~ ~ Su~ion 1. ~NSION ~ ~), el~ (2~ ~ement~~ ~~de~esom S~ml~,~ S~. 2. E~~ DA~ ~ ~ of ~e ciw of Buff~o ~e ~c ;ion 3. New lan~ is iadicsted by underline, deletions by ~ New language i~ indit-sted b? TA for 1997 2568 -etained captured net tax capacity of the ~ to any economic subdivision 3, ~1~ t~ f-olie,w~ n~b. !ctermined before the application of i~73F. Thc current net tax capacity ahall -ial net mx cmpacity ~ betwe~ ~he fiscal disparity ratio determined gut. ~F.08, subdivision 6. Where the origiml -rent net tax capacity, there is no eaptm~ tion. Where the original net tax capaci~ ' -enee between the original net tax c~me- --d net tax capacity. This amount less ed, in its tax increment financing plan, d captured net tax capacity of the autl~. etained captured net tax xing districts in determining local taxin~ ed are to be extended against the retained as the net tax capacity of the local taxi~ the lesser of (A) the local taxing district retained captured net tax capacity of the suant to paragraph Co) shall be submitS' of the request for certification pursuant ~: :rement applied to a district pursuant ne duration of the district, except that ~ from ti section 44, subdivision 4, is amended to read: ~lacement projects in the city lopment authority. For houdng "means the housing -~ssor in interest. For housi~ "means the Minneapolis rojects in the city of St. t authority. For housing .ac Duluth economic development y of Richfield, "authority" is ?~;, subdivision 2, that is deaigna~ ~l 2569 LAWS of MINNESOTA for 1997 Ch. 231, Art. 10 governing body of ~e city of,l~.'chfield. For housing replacement projects in the city of Columbia Heights, authority is the autho"-~ty as de'---'~-~ ~ ~ubchvml~n 2, that is'-~de'-s~ by the ~ .body o--f"~~~ Sec. 13. Laws 1995, chapter 264, article 5, section 45, subdivision 1, as amended by Laws 1996, chapter 471, article 7, section 22, is amended to read: Subdivision 1. CREATION OF PROJECTS. (a) An authority may create a hous- ing replacement project under sections 44 to 47, as provided in this section. Co) For the cities of Crystal, Fridley, a~l Richfield, and Columbia Height, the au- thority may designate up to 50 parcels in the city to be inc]'~'~ in a housing replacement district. No more than ten parcels may be included in year one of the district, with up to ten add/tional parcels added to the district in each of the following nine years. For the cities of Minneapolis, St. Paul, and Duluth, each authority may designate up to 100 parcels in the city to be included in a housing replacement district over the life oftbe district. The only parcels that may be included in a district are (1) vacant sites, (2) parcels containing vacant Muses, or (3) parcels containing houses that are structurally substandard, as defined in Minnesota Statutes, s~ction 4-69.174, subd/vision 10. (c) The city in wh/ch the authority is located must pay at least 25 percent of the hous- ing replacement project costs from its general fund, a property tax levy, or other urtre- strictcd money, not including tax increments. (d) The housing replacement district plan must have as its sole object the acquisition of parcels for the purpose of preparing the site to be sold for market rate housing. As used in this section, "market rate housing" means housing that has a market value that does not exceed 150 percent of the average market value of single-family housing in that munici- Sec. 14. CITY OF BROOKLYN CENTER; USE OF TAX INCREMENT FI- NANCING. Subdivision 1. APPLICATION OF TIME LIMIT. For tax increment financing distri~'number 3, established on December 19, 1994, by ~'r"r~~ Resolution .N~o.~27'~.'~'~',,--, Mi.~ae--s~-t~-Statutes, sect/on 469.1763"~-~, ~ to the district ~ ~g _a pen'-~-'~'~ 3f ten y'---~ fo-'--'~ ~ommence~en'-'~ ~'e~ wi~tn'-th~-dis--~-~.-. Subd. 2. EFFECTIVE DATE. This section is effective upon a r_a_a_a_a_a_a_a_a~ by the gov- erning body of the city of Brooklyn Ce"'~ ~---'~'~-m~ ~x*u o'~.O,~.t, SUDtlIVISIOtl .~. SeC. 15. CITY OF BUFFALO LAKE; TAX INCREMENT FINANCING DIS- , o th- ~ me ~ of Minnesota Statutes, section 273.1399, subcl/vision 6,'~-~'~- emin .Subd_..__... 2. EFFE~ DATE. This section is effect/ye upon~val by the £ov- ~V_?dy of the ci of Buffal ~ "-'----~' · - - -"-~ ~ CITY COUNCrI~ LETTER Meetin~ of: DECEMBER 14, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ FINANCE- ~ - - ~Sd.~vf-~/ APPROVAL ITEM: SPECIAL LAWS ENACTED IN THE BY: WILLIAM ELRITE DATE: DEC. 3, 199~,4 ~ D ATE: 1997 A.ND 1998 SESSIONS g4" ~~~ NO: . The City Council requested legislative action on passing two special laws, one in 1997 and one in 1998. The 1997 law was for the scattered site housing replacement district. This law authorized the City of Columbia Heights to designate up to 50 parcels in the City to be included in a housing replacement district. The 1998 law was in relationship to the Columbia Heights Volunteer Fire Department Relief Association Board of Directors and pension plan. Under this law, the Board of Directors was established in accordance with State statutes, and the pension plan was converted from a defined benefit to a defined contribution plan. Both of these laws were initiated by the City Council and were passed in accordance with the request from the City Council. At this time, the Office of the Secretary of State requires that the Council adopt a resolution approving the special law chapters and to file a Certificate of Approval with the Secretary of State. RECOMMENDED MOTION: Move to waive the reading of Resolution 98-111, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98-111, being a resolution approving special law 1998 Chapter 390, article 7, section 1, establishing the Board of Directors of the Columbia Heights Volunteer Fire Department Relief Association and designating a defined contribution pension plan. WE:dn 9812032 COUNCIL ACTION: Office of the seCretary:Of State State of Minnesota Joan Anderson Growe Secretary of State Elaine Voss Deputy Secretary of State 100 Constitution Ave., 180 State Office Bldg. ~ St. Paul, MN 55155-1299 August 1, 1998 JUL 16 ~-3tS Election Division: (612)296-2805 Business Service Information: (612)296-2803 General Information: (612)296-3266 UCC & Business Service Fax: (612)297-5844 Election Division Fax: (612)296-9073 TO: FROM: SUBJECT: Local Government Units Election Division Secretary of State SPECIAL LAWS ENACTED IN THE 1997 and 1998 SESSIONS Chapter ..~c~-,, A,~c_~ ~'7. %¢..c_.-¢-~,~ i , 199_.~_ session laws requires a copy of the Resolution lapproving the ~chapter and a Certificate of Approval (which we have enclosed for your use) to be filed with this office in order for the chapter to become law. The Resolution and Certificate of Approval must be filed before the start of the legislative session (January 5, 1999), otherwise the chapters requiring approval by local units of government will not become law. If you have any questions please contact Renee Coffey at (651)297-5845. enc. o898.1tr "An Equal Opportunity Employer" Printed with Soy Ink., on Recycled Paper Ch. 390, Art. 6, § 1 80th LEGISLATURE ARTICLE 6 UNCLASSIFIED STATE EMiPLOYEE PENSION PLAN MODIFICATIONS Section 1. Minnesota Statutes 1996, section 3~2D.12, is amended to re~t: 352D.12 TRANSFER OF PRIOR SERVICE CONTRIBUTIONS (a) An employee who is a participant in the un~-~ed program and who has prior service credit in a covered plan under chapters 3A. 352. 352C, 353, 354, ~ and 422A may, within service contn~outions to one or more of those plarm. Participants with six or more years of prior service credit in a plan governed by chapt~ 3A or 352C on July Iv 1998, may not transfer prior service contributions. Participants with les~ than six years of prior service credit in a plan governed by chapter 3A or 352C on July 1~ 1998, must be contributing to the unclassified plan on or after January 5~ 1999, in order to U'ansfer prior contributions. (b) For participants with prior service ~t in a plan governed by chapter 352, 353~ 354, 354A~ or 422~ "prior service contributions means the accumulated employee and equal employer contributions with interest at an amnual rate of 8.5 percent compounded annually, based on fiscal year balances. For participants with less th~ six years of service credit as of July 1, 1998, and with prior service credit in a plan governed by chapter 3A or 352C~ "prior service contributions" means an amount equal to twice the amount of the accumulated member contributions plus annual compound interest at the rate of 8.5 percen% computed on fiscal year balances. (c) If a participant has taken a refund from a ~a-~retirement plan listed in this section, the par--~cipant may repay the refund to that .~'_ndplan, notwithstanding any restrictions on repayment to that ~g~tplar~/plus 8.5 percent interest compounded annually and have the accumulated employee and equal employer contributions transferred to the une!~i~ied program with intarest at an annual rate of 8.5 percent compounded annually based on fiscal year balances. If a person repays a refund and subsequently elects to have the money U~nsferred to the un,l~sffied program, the repayment amount, including interest, is added to the fiscal year balance in the year which the repayment was made. (d.~) A participant electing to transfer prior service contributions credited to a retirement plan governed by chapter 352~ 353~ 354? 354A~ or 422A as provided under this section must complete the application for the transfer and repay any refund within one year of ~ e~ the commencement of the employee's participation in the unclassified program, is-l~-. A participant electing to tr~,.~'er prior service contributions credited to a retirement plan governed by chapter 3A or 352C as provided under this section must complete the application for the ~'er and repay any refund between January 57 199% and June 1, 1999~ i~ the employee commenced participation in the unclassified program before January 5~ 1999, or within one year of the commencement of the employee's participation in the unclassified program if the employee commenced participation in the une!~ied program aftar January 4~ 1999. Se~ 2. FUNDING. Money appropriated in ~ 19977 chapter 202~ artfcle 1~ section 34 may be used to make tr~-st'ers of funds on behalf of legislators and constitutional officers under section 1. Se~ 3. EFFECTIVE DATE. Sections 1 and 2 are efl'eetive July 1~ 1998. ARTICLE 7 LOCAL POLICE AND FIRE RELIEF ASSOCIATION PENSION CHANGES Se~don 1. COLUMBIA HEIGHTS VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION; INCORPORATION AND PLAN RESTRUCTURING. Subdivision 1. ORGANIZATION AND PLAN RESTRUCTURING. Notwithstanding the Provisions of Laws 19777 chapter 374~ sections 38 to 60~ as amended~ the entity currently 880 ~tmo~ m m~mt~ W .~r~; ~om W ~ 1998 REGULAR SESSION known as the "Columbia Heizhts f become incorporated under Mirmes bia Heights volunteer fire departs3 Minnesota Statutes~ chapters 69, 3] Volunteer fire departrnent re~ef a~ ment relief association may adoi department relief associatfon, vo~ provide that future benefits payabl, lump sum service pensions under ]~ Sub& 2. BOARD RESTRUCT with Minnesota Statutes, section section. Sec. 2. MINNEAPOLIS FIRE SURVIVORS. (a) Not~thstanding Laws 1997 an), service pensioner or disabi~ asso~'dation who died between om spouse benefit equal to the 100 pe: would have been elig/ble to sele(. optional annuity, form on the date (b) The benefit under paragral the Minneapolis fire depa~uent r (c) The benefit under this secti day of the month next following t~ must include the increase amount Sec. 3. Laws 1977, chapter 61, is amended to read: Sec. 6. FINANCIAL REQUIR Corr._m~ncLng J~--nu~--~Y !, amount sufficient to pay ~ investment income of the trust flind for the succeeding year ~s ~) ~ ~e ~ ~ Evele~ ~ y~ no ~ment ' ~ 4. La~ 1~5, ~p~ ~ ~on 1. E~LE~ POLl No~~g ~Y gen~ ~o~ ~d o~er re.emit ~ m~d ~Hce offic~ ~d ~d ~ ~t ~d ~ ~ ~. 5. EFFEC~ DAE. (a) ~e~on 1 ~ ~e ~e ,80th LEGISLATURE MODIFICATIONS to read: n and who has prior service ,~4A, and 422A may, w/thin unclassified program prior ~ w/th six or more years of on July 1~ 199~ may not dx years of prior ser~/ce must be contributing to the msfer prior contributions. d.by cha~ter 352~ 353~ 8,54, Jated employee and equal :ent compounded annually, ,,ears of service credit as of :hapter 3A or 352C, "priog nount of the accumulated f 8.5 percent~ computed on un Ested/n this section, the nding any restrictions on ed annually and have the ferred to the unclassified ~d annualJy based on fmcal elects to have the money luding interest, is added tn s credited to a retirement ~d under ~ section must ,an one year of ~ -:~ified program., ~ cr~ited to a retirement ec~don must complete the '~, 1999~ and June 1~ 1999~ · n before January 5~ 199% ipation in the unclassified ed program after Januar~ .31, may be used to ma/e officers under ~'tion 1. 2NSION CHANGES 'EPARTMENT REL~F ~]~ING. Not'w/thstanding nded~ the 'entity currently 1998 REGULAR SESSION Ch. 390, Art. 7, § 5 ,known as the "Colu?bia Hei hts fire ~ relief association, volunteer division" shE] -~e]~-~~n~e.f~ons% ~.The ~_o. lumb~__=_H~ei hts volunteer f~e de ~ au.o ~ me__ex~'~n D laws of the ~Colun~ia Height~ ~ ass°c/ati°n vol~': n~ov~ded h ..... ~tion are defined contribution ~ ~-am serv]ce_~.penmons unaer m_umesora Statutes, section ~ SuM. 2. BOARD RESTRUCTURING. The board must be reconstituted Wi~esota SU~__9_~_=~ section 424A_04 ~kT_after in conformance ~a~ of section. Sec. 2. MINNEAPOLIS FIRE; OPTIONAL ANNUITY EXTENSION TO CERTAIN SURVIVORS. amy 1, 1~,~7~ ano Octooer 1~ 1997, is entitled to a su_wh~ ~u~.ivgr annui amount which the decedent o~tional annuity form on the date of death. . -- (b) The benefit under paragraph (a) is in lieu of any other survivor benefit payable from th~'M/nneapolis fire depa~unent relief association. da.(yC)og~ mbeongt ~ex~dTouot~n~ ~h%n ~ffeCTti~ ~_.o_f _Oc~ ~.ber 1t .I997,_and is payable on the firs,. ....... ~ L . ua~ m urns secuon. '~ne initial benefit pa~u-nen~. mus~ memae me increase amounts re~-oachve to October Sec. 3. Law~ 1977, chapter 61, section 6, as amended by Laws 1981, chapter 68, section 39, is amended to read: · Sec. 6. FINANCIAL REQUIREMENTS OF ~ TRUST FUND. ...... (a) The city of Eveleth shall prov/de by armua~ levy an amount sufficient to pay *~ gr.e:~r of d+~cr (2) an amount which when added to the investrnen~ income of the thrust fund is su~cient to pay the benefits provided under the trust ~7. ';~,~/' ~ ....... 0:%. 2_~'_'_ .............. , .............. ~ ;'--'2"- ~lon. · . or Laws 1.q~r7 .u._,__ ,~,, __~ , ~ - ..... t uuapu~r ~)~t at, cie lo. sectio. .,._ --., ,-,~p~r ~..~z, m-mine z, seemon 1~, m payable in the fol]owing year. Sec. 4. Law~ 1995, chapter 262, artiale 10, section 1, is amended to read: Section 1. EVELET~ POLICE AND FIREFIGR~I~ERS; BENEFIT INCREASE.m No.t~iti~tan~ any general or special Law to the contrary, in addition to the current peamons and other retirement benefits payable, the pensions and retirement benefits payable to retired police officers and fu'efighters and their surviving spouses by the Eveleth police and ~re trust fund are increased by $100 a month. Increases ere retreaetive to January 1, ~ ~--~_c.~_'-~ *~ --~,--~,~ --~..~.~ Sec. 5. EFFECTIVE DATE. (~)..se~on. ~..~..~e,t~e Ce day ~ appm'~ by the Colum~La ne~ghts aty ,oun~ a~,~ eomptm.nce w~t.a Minnesota S~t, es, section 64,5.0'2L ~~~i~: ~~ 881 Ch. 231, Art. 10 LAWS of MINNESOTA for 1997 tax rates or 03) the original local tax rate to the retained captured net ~x capacity oft~ authority is the tax increment of thc authority. dislrict for which the ~ for cenilicat~on ~ maae .an~r_ jun= ~,, ~.-/.=- ~_~. o--~'~--~a----~'~hieh the gnvemin! body ~y, Vy resomUon approvm§ me tax mc~. ~'"~-'~§ plan pursuant to section 469.175, subdivision 3, ~ ~ ~ ~ (1) The original net l~x capacity shall be determined before the application of the fiscal disparity provisions of chapter 2'76A or 473F. The current net tax capacity shall exclude any fiscal disparity commercial--industrial net tax capacity increas~ bev,v~en original year and the current year multiplied by the fiscal dispa_dty ratio detemfined pu~- suam to section 276A~06, subdivision 7, or ~73F.05, subdivision 6. Where the net tax capacity is equal to or greater than the current net ~ capacity, there is no captu~ net tax capacity and no tax increment determination. XVhere the original net tax capaciD' is less than thc current net tax capacity, thc difference between thc original net tax capac- ity and thc current net tax capacity is thc captured net tax capacity. This amount less ~ny portion thereof which the authority has designated, in its tax increment financin§ plan, to share with the local taxing districts is thc retained captured net tax capacity of thc author- ity. (2) The county auditor shall exclude thc retained captured net lax capacity of the authority from thc net tax capacity of thc local taxing districts in determining local taxing district tax rates. Thc local tax rates so determined are to be extended against thc retained captured net tax capacity of thc authority as well as the net tax capacity of the local ~xing districts. Thc tax generated by the extension of the lesser of [A) the local taxing district tax rates or 03) thc original local tax rate to thc retained captured net tax capacity ofth~ authority is the tax increment of the authority. (3) An election by the governing body pursuant to paragraph (b) shall be submine2 to the county auditor by the authority at the time of the request for certification pursuant to subdivision 1. (c) The method of computation of tax increment applied to · dislria pursuit to l~-agraph (a) or (b) sh~ll remain the same for the duration of the dis~ia, except that ~ gnvcming body may elect to change its elecIion from the method of computation inl:~trl' graph (a) to the method in paragraph (b). Sec. 12. Laws 1995, chapter 264, article 5, section 44, subdivision 4, ~ amenck~i bY Laws 1996, chapter 4'71, article 7, section 21, is amended to read: Subd. 4. AUTHORITY. For housing replacement projects in the city of ~ "authority" me.~ns the Crys~l economic development authority. For housing replY' ..... ori means thc housing and redevelopm merit ects m the aty of Fndley, auth ty . autho in and for the city of Fridiey o, a su .ssor in inte,.- For hous,-g velopment agency. For housing replacement pro~:~s m me ary o~ ~. r~u~, means the St. Paul housing and redevelopment authority. For housing r~placernent jeas in the city of Duluth, "authority" means the Duluth economic development author' ity. For housing replacement proj~-'~ in the city of Richfield, "authority" is the as defined in Minnesota Statutes, seaion ~69.174, subdivision 2, that is designated by 2569 LAws of MINNF~ $ovcming body of the city of Richfield. Forh Columbia ~"authoritY" is the authori~ : S~c. 13. Laws 1995, chapter 264, article Laws 1996, chapter 471, article 7, s~ction 22 Subdivision 1. CREATION OF PRO J1 i~ r~lacement project under sections 44 to (b) For the cities of Crystal, Fridiey, thority may designate up to 50 parcels in tl~ c district. No more than ten parcels may be inclt ~'kiitional parcels added to the district in ~ch Minneapolis, St. Paul, and Duluth, each auth~ city to be included in a housing replacement l~_rc~ls that may be included in a district are hou~s~ or (3) parcels containing houses tha'. Minnesota Statutes, s,ction ,~59.174, subci~ (c) The city in which the authority is loc~ k~ replacement proje~-'t costs from its ~ricted money, not including tax incren~nt (d) The housing replacement district pla of parcels for the purpos~ of preparing the si~ i~ this section, "market rate housing" ~c~:l 150 percent of the average market va ., S~c. 14. ~ITY OF BROOKLYN CE NANCING. Subdivision 1. APPLICATION OF' dis~-~ number 3, established on l:~:~mb~ o.~'~94-'~'~, Minnesota Statutes, s~'tion Subd. 2. EFFI~CTIVE DATE. 'lltis s the city of pLco Sec. 15. CITY OF BUFFALO/.,AK} Subdivision 1. EXTENSION OF' ~the prov~ons of Minnesota Sta~ ~ ~ c-'~use (2),'"~ Sub& 2. EFFEC-q"IVE DATE. TI:tis ~F"~f the city ~f Bu~alo New langtmg~ is in~cated by underline, deletions by ~. New language is indicated b.~ TA ,for 1997 2568 -¢tained captured net tax capacity of tM ~ to any economic ~ent as made after June 30, 1997, and ~'~'~ · subdivision 3, ~ ~ ~ ~ letermined before the application of tM 473F. The current net tax capacity ~ -iai net mx capacity increase between the the fiscal dimpa.,ity ratio determined ~F.08, subdivision 6. Where the orig/~ -rent net tax capacity, there/s no calXumt .fion. Where the original net tax cap~ fence bet'ween the original net tax cap~. ed net tax capacity. Tiffs mount less ed, in its tax increment financing plan, d captured net tax capacity of the author- · eta/ned captured net tax capadty of .xing districts in determining local ed are to be extended against the retain~ as the net tax capacity of thc local tax/n{ the lesser of (A) the local taxing d/st~ retained captured net tax capacity of the suant to paragraph (b) shall be submit~ of the request for certification pm'su~nt ~ ~ement applied to a district pm'suant he duration of the district, except that from section ~4, subdivision 4, as is amended to read: ~lacement projects in the city :lopment authority. For housing ' means the housing essor in interest. For "means the Minneapolis ,rojects in the city of St. t authority. For housing ac Duluth economic development y of Richfield, "authority" i~ 74, subdivision 2, that i~ deaignated bTI 2569 LAWS of MINNESOTA for 1997 Ch. 231, Art. 10 governing body of ~e city of~clffield. For housing ~ projects in the city of Columbia Heights, authority is the auth'-~t~ ~-'~-fi~ed in M. inne~"~ ~'~'t~, S"~n ~~~d~s]~ated by the ~.body~~l"~a See. 13. l. mws 1995, chapter 264, article 5, section 45, subdivision 1, as amended by Laws 1996, chapter 471, article 7, section 22, is amended to read: Su{xiivision 1. CREATION OF PROJECTS. (a) Am authority may create a hous- ing replacement project under .~'fions 4-4 to 47, as provided in this se6xion. (b) For the cities of Crystal, Fridley, ~ Riclnfield, and Columbia ~ the au- thority may designate up to 50 parcels in the city to be incrfi'~-ed in'"~ing replacement district. No more than ten parcels may be included in year one of the district, with up to ten ~kiifional parcels added to the dislzict in each of the following nine years. For the cities of Minneapolis, St. Paul, and Duluth, each authority may designate up to 100 parcels in the city to be included in a housing replacement district over the life of the district. The only pan:els that may be included in a district are (1) vacant sites, (2) parcel~ containing vacant houses, or (3) parcels containing houses that are structurally substandard, as defined in Minnesota Statutes, section 469.174, subdivision 10. (c) The city in which the authority is located must pay at least 25 percent of the hous- ing replacement project costs from its general fund, a property tax levy, or other unre- ~-ieted money, not including tax increments. (d) The housing replacement district plan must have as its sole object the acquisition of parcels for the purpose of preparing the site to be sold for market rote housing. As used is tJ~is section, "market rate housing" means housing that has a market value that does not exceed 150 percent of the average market value of single-family housing in that munici- p~ity. Sec. 14.. CITY OF BROOKLYN CENTER; USE OF TAX INCREMENT FI- NANCING. Subdivision 1. APPLICATION OF TIME LIMIT. For tax increment financing distri~'number 3, established on December 19, 1994, by B~-~n----~-fi'~--r R'esolution ~ a period of ten years for commencement of-Ta vi~-~----thi~ ~"~-'-~. Subd. 2. EFFECIWgE DATE. This section is effective upon approval by the gov- Oq'O.U-"l, SlllXl.lVlSlOn J. Sec. 15. CITY OF BUFFALO I. akKE; TAX INCREMENT FINANCING DIS- ~,m.~.e ~ .o__f Minnesota Sta..tut~,...s~_on 273.1399, s_u_bdi~vision~ ------ oy tae co~er o__f~ ~y~r 31, 1998. ~ 2...E.E~. C'~K'IVE D,~_TF.,. Tlfis sect/on is effective ~ approval by the ~ov- RESOLUTION NO. 98-111 RESOLUTION APPROVING SPECIAL LAW 1998 CHAPTER 390, ARTICLE 7, SECTION 1, ESTABLISHING THR~ BOARD OF DIRECTORS OF THE COLUMBIA HR~IGHTS VOLUNTEER FIRE DEPARTMENT RELIEF ASSOCIATION AND DESIGNATING A DEFINED CONTRIBUTION PENSION PLAN WHEREAS the City of Columbia Heights desired to have the Board of Directors of the Columbia Heights Volunteer Fire Depa~m~ent Relief Association structured in accordance with State statutes, and WHEREAS the City of Columbia Heights desired to have the current pension plan convert from a defined benefit to a defined contribution plan, and WHEREAS the City Council requested special legislation to accomplish this, THEREFORE BE IT RESOLVED that the City Council of the City of Columbia Heights approves law 1998 Chapter 390, Article 7, Section 1 in relationship to the Columbia Heights Volunteer Fire Department Relief Association. Passed this 14th day of December , 1998 Offered by: Szu tek Seconded by: S t u r d eva n t Roll Call: A1 I ayes Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary 9812032 CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA SE.C~ION: Consent Agenda ORIGINATING DEPARTMENT CITY MANAGER NO. ~ POLICE APPROVAL: ITEM: Adopt Ordinance 1381 to Amend Ordinance 994 BY: Thomas M. Johnso~X~ NO. City Code of 1997 Pertainin~ to Loud Parties DATE: December 8, 1998 - ~3 ,~ . BACKGROUND Recently we have run into loud party complaints where the subjects of the loud party have refused to cooperate, or it is rental property and the renter is not around or does not admit their identity, or the subjects simply refuse to tell us who is in charge or having the party. The current ordinance only allows us to tag the owner if they "have knowledge" of the party. We feel that the "have knowledge" portion of this ordinance should be dropped so that we would have leverage to get to whomever is having the party by being able to charge the owner of the property or the renter. ANALYSIS/CONCLUSION _ The Police Department is recommending the following change in-Ordinance 10.312(3). EXISTING ORDINANCE Any owner or person in charge of the building or place who has knowledge of the disturbance and fails to immediately abate said disturbance upon order of a police officer shall be guilty of a violation of this section. PROPOSED ORDINANCE Any owner, RENTER, or person in Charge of the building or place ---'-- ' ........... ~- - ~m~ ~,~ ~,,~dg~ of FROM WHICH the A disturbance EMANATES and THOSE PRESENT fail to immediately abate said disturbance upon order of a police officer shall be guilty of a violation of this section. RECOMMENDED MOTION Motion: Move to waive the first reading of Ordinance 1381, there being ample copies available for the public. Motion: Move to schedule the second reading of Ordinance 1381, amending the participation in loud parties and gathering ordinance to include the renter and those present for December 28,1 998, at approximately 7:00 p.m. 98-401 TMJ:mld COUNCIL ACTION: ORDINANCE NO. 1381 BEING AN ORDINANCE AMENDING ORDINANCE 994 CITY CODE OF 1977 PARTICIPATION IN LOUD PARTIES OR GATHERINGS Currently the ordinance reads as follows: 10.312(3) Any owner or person in charge of the building or place who has knowledge of the disturbance and failes to immediately abate said disturbance upon order of a police officer shall be gull _ty of a violation of this section. Is herewith amended to read as follows: 10.312(3) Any owner, RENTER, or person in charge of the building or place FROM WHICH A disturbance EMANATES and THOSE PRESENT fail to immediately abate said disturbance upon order of a police officer shall be guil _ty of a violation of this section. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roil Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary I-4 1--{ CITY COUNCIL LETTER MEETING OF: DECEMBER t4, 1998 AGENDA. §ECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: ~ FINANCE APPROVAL ITEM: DESIGNATING AN OFFICIAL BY: )~ ELRITE BY~.~~~~ NEWSPAPER FOR 1999 D/ ' ):DEC.~E 3, 1998 Each year the City Council designates an official newspaper for publishing of legal notices and other required publications. State statutes require the newspaper to be published on a minimum ora weekly basis. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial users. Based on this, there are only two newspapers serving Columbia Heights that meet the criteria: Focus News and the Star Tribune. Based on rates charged to commercial customers, the Focus News is the least expensive alternative. The Star Tribune's 1999 rate will be $3.13 per line. The following is a compar/son of the 1998 rates to the 1999 rates for the Focus News: 1998 Rate 1999 Rate % Increase One Colurrm Width: Per tine, first insertion 0.90 0.95 5.6 Per line, subsequent insertion 0.50 0.53 6.0 Two Column Width: Per line, first insertion 1.80 1.90 5.6 Per line, subsequent insertion 1.00 t.06 6.0 RECOMMENDED MOTION: Move to designate Focus News as the official City newspaper for 1999 and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. WE:dh 9812031 Attachment COUNCIL ACTION: DEC. ~.1998 ll:llAM December 2, 1998 Focus News MO. lBS P. 2/~ Ms. Deborah Novak City of Columbia Heights 590 40th Avenue, NE Colmnbia Heights, MN 55421 Dear Deb: We would be pleased if you would consider the Focus News as the City of Columbia Heights' official news- paper for the year 1999 at your City Council Meeting, We also want to thank you for your pau'onage th~s past year and we look forward to the future. We value the city's legal business very much. For several years we have increased the rate for legals as minimally as possible and last year we did not increase the rate at all. However, with rising printing and paper costs coming at us again tiffs year, we will need to hlcreasc the cost of legals by approximately 5%, This is still marginal as we try to give the cities and school dis~cts the best break we can, The rates will be as follows: 1 colum width: $0.95 per line - first insertion ($10,45 per col. in.) $0.53 per line - subsequent insertions ($5,83 per col, in.) 2 column width: $1,90 per line - first insertion ($20,90 per coI. in.) $1.06 per line - subsequent insertion ($11,66 per col, in.) Notarized affidavits will be provided for each of your publications. We endeavor to print each legal accurately and to follow any written specificalSons you may have included with your legal. All publications should be received in our office by Friday at noon preceding our Thumday publications. In order to expedite our service to you, please direct your legal notices to Focus New.,, attention Lincta Mclntyre, Legal Publications, 2819 Hamline Avenue N, Roseville, MN 55113. We prefer legals not be foxed. We are having great success using E-mail or a disk and transferring information into our computer system, These procedures have made this year's legal ads error free which is what we all strive for in a legal publication. If you have budget reports or anyth/ng done on a spread sheet, we will still continue to use your hard copy and reduce your original to fit our paper's size; there- fore, no disk is needed. If you have any questions or are in doubt on a specitic legal, please give Linda a call at 651-633-3434. Our e-mail address is: info@focusnews,com. Thank you for considering the Focus News as your official newspaper for the upco~ng year. We are honored and pleased to serve you and look forward to a mutually beneficial working relationship with the City of Columbia Heights. Richard Roberts Publisher Focus News ' -- ' I II I II I1 ! I _ IIIII 2819 Hamline Avenue N, Roseville, MN 55113 · 651-633-3434 · Fax 6~1-63~-9550 CITY COLrNCIL LETTER Meeting of: December 14, 1998 AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: a~{ CONSENT AGENDA Community Development APPROVAL ITEM: City Hall Duct Cleaning BY: Mel Collova NO: ~t~o/~ DATE: December 1, 1998 Issue Statement: The 1998 approved budget account #101-41940-5120 provided funds for the cleaning of the City Hall duct work. At this time there are no recent records of this procedure being conducted. Background: In early October the Building Official solicited bids from several firms engaged in the business of commercial duct cleaning. There were only three different firms who made contact with staff to preview the building environmental systems. Only two of the three submitted bids for the cleaning with the lowest bid being submitted by Metro Cleaning Service Inc. All the firms were instructed to seal any insulating duct liner ( a fiberglass lining inside the ducts ( along with the cleaning of the rooftop heat-cool units. Although there is a wide range of price staff feels the lowest bidder would do an adequate job on the project. The difference is also that the higher bidder would do the project in double shifts raising labor costs on the project. Recommended Motion: Move to Award City Hall Duct Cleaning to Metro Cleaning Service Inc., Based Upon Their Low, Qualified, Responsible Bid in the Amount of $3,600.00, With Funds to be Appropriated from 101-41940-5120; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. Attachments COUNCIL ACTION: ·F CISION EANING INC. 277 COON RAPIDS BLVD. #114 COON RAPIDS, MN 55433 (612) 780-8465 FAX (612) 784-0757 DATE: 11-13-98 TO: CITY OF COLUMBIA HTS. COMMUNITY DEV. DEPT. ATT. MEL COLLOVA 590 40TH AVE NE COL. HTS. MN 55421 FROM: LARRY HAGNER PRECISION CLEANING INC. RE: DUCTWORK CLEANING Thank you for the interest you e×pressed in receiving a bid proposal from PC1 for the cleaning services listed: BID PROPOSAL: CLEAN DUCTWORK-HEATING,COOLING,VENTILATION EQUIPMENT AT CITY HALL, POLICE,FIRE BUILDING RE-SEAL DUCTWORK THAT IS EXPOSED TO WEATHER WORK START DATE NO LATER THAN 12-15-98 COMPLETION PROJECTED NO LATER THAN 12-18-98 (Work crews will be double shifted) $7977.00 cleaning $993.00 re-sealing THIS PROPO':--~.I E×PIRfg 12-15-~8 1F NOT ~,CCEP1-FF) PCI carries all required Minnesota Workmens Comp. and S1,000,000 liability coverages. We are bonded and licensed. We currently service over 1200 restaurants and food service companies in 7 states including Buffets Inc. Cub Foods,Ashland Oil. We have the expertise and equipment to meet all of vour specialty cleaning requirements. Other Services: Acoustical Ceiling Tile Cleaning Carpet Cleaning Concrete Cleaning Graffiti Removal Kitchen/Equipment Cleaning Please contact me at 784-0757 to consult further on any service offered or to schedule. THANK. S,~, AIN FOR YOUR INTEREST, Larry Hagner Mgr. Metro-Cleaning Service, Inc. RYAN INDUSTRIAL PARK 208 RYAN DRIVE ST. PAUL, MINNESOTA 55117 Phone: (651) 484-9799 Fax: (651) 484-2237 November 5, 1998 City of Columbia Heights 590 - 40th Ave. N.E. Columbia HeiGhts, MN. 55421 Attention: Mel Collova We hereby agree to perform the following work and services for you and furnish labor, equipment and material necessary thereto. To clean seven (7) roof-top units and all the supply and return ductwork, to spray a coatinG on the loose insulation and to seal any loose duct work located at the above address as described below. Metro has thirty (30) years expgrience in this type of cleaning and maintain that. ali work be done in a satisfactory manner. We provide the following insurance: (1) Worker's Compensation, Employer's Liability, - (2) Public Liability, Property DamaGe. A Certificate of Insurance will be furnished if requested. Description of work to be done: Metro will use truck powered and/or commercial portable vacuums and air pressure to clean the duct work. Duct work will be air pressured with 200 psi through holes drilled by us. Holes will be PluGGed with plastic plugs and access holes will be cut where needed. Access holes will be covered with sheet metal. The diffusers will be wiped clean. Metro will lay plastic, where needed, to protect from falling light dust. A coating wilt be sprayed on any loose insulation in the duct work. Any loose duct work will be sealed. The roof-top units will be air pressured and vacuumed to remove accumulation. All areas worked will be !eft in a clean condition. Price for the above work ..... $3,600.00 Plus Minnesota Sales Tax NET TERMS: 10 days Sincerely, Russell J. ,~ischer President To accept this proposal, you must sign and return one copy before work commences. o~nature: Date: ME R itle: P. O % CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: ~'~ Fire ITEM: Establish He aring Dates BY: C harlie Kewatt B License Revocation, Rental Properties NO: d~,, ~ DATE: December 8, 1998 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owner regarding his/her r9ntal property for failure to meet the requirements of the Housing Maintenance Codes. 1.Heidi VonHeideman ............................ 3718 Central Avenue NE 2. Sharon Vermeer ............................... 615 40th Avenue NE 3. Janene Unke .................................. 4357-4359 7th Street NE 4. Thomas Ferrara ............................... 1035-1037 43-1/2 Avenue NE 5. Multi Patel ................................... 939-941 42-1/2 Avenue NE 6. Gordon Hines ................................. 5007-5009 Jackson Street NE RECOMMENDED MOTION: Move to Establish a Hearing Date of December 28, 1998 for Revocation or Suspension of a License to Operate a Rental Property with_in the City of Columbia Heights against Heidi VonHeideman at 3718 Central Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of December 28, 1998 fOr Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Sharon Vermeer at 615 40th Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of December 28, 1998 for Revocation or Suspension ora License to Operate a Rental Property within the City of Columbia Heights against Janene Unke at 4357-4359 7th Street NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of December 28, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Thomas Ferrara at 1035-1037 43-1/2 Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of December 28, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Mul|i Patel at 939-941 42-1/2 Avenue NE. RECOMMENDED MOTION: Move to Establish a Hearing Date of December 28, 1998 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Gordon Hines at 5007-5009 Jackson Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of December 14~ 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER g.~ CONSENT AGENDA Fire APPROVAL NO: ITEM: Re-Issue Rental Housing License after BY: Chartie Kewatt Revocation J/ _1. DATE: December 8, 1998 DATE: NO: The matter of the revocation of the license to operate a rental unit(s) within the City of Columbia Heights against Amy Wazwaz regarding rental property at 1013-1015 43-1/2 Avenue for failure to meet the requirements of the Housing Maintenance Codes has been resolved. The above mentioned owner has corrected all outstanding violations and paid all fees due. RECOMMENDED MOTION: Move to issue a Rental Housing License to Amy Wazwaz to operate the Rental Property located at 1013-1015 43-1/2 Avenue in that the provisions of the Housing Maintenance Code have been complied with. COUNCIL ACTION: CITY COUNCIL LETTER MEETING OF: DECEMBER 14, 1998 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: 4 ASSESSING APPROVAL ITEM: RESOLUTION ESTABLISHING SENIOR BY: JANE GLEASON BY: / ~////7~.J~/./- CITIZENS OR RETIRED & DISABLED PERSONS HARDSHIP SPECIAL DATE: DECEMBER 14, 1998 ASSESSMENT DEFERP_AL ,, NO:&~ m In 1982, the City Council adopted a resolution allowing the deferral of assessments for senior citizens and disabled persons. The resolution established eligibility criteria including a maximum income. The income level is updated annually by resolution. The attached resolution retains the criteria in the previous resolution and updates the income eligibility amount to $17,200, the same dollar amount used for reduced rates for senior citizens utility bills. The current income eligibility amount is $16,800. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98-116 establishing a new maximum income of $17,200 for senior or retired and disabled persons to be eligible for special assessment deferral. COUNCIL ACTION: j g[ files\srdefer, res RESOLUTION NO. 98 - 116 BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIRED AND DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL Whereas, immediate payment of special assessments or installments on special assessments cast an undue hardship on some persons ovnming homestead properties who are 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments, and Whereas, Minnesota Statutes §435.193 - 435.195 makes it possible for a home rule charter city to pass a resolution establishing standards and guidelines for determining the existence of a hardship and for determining the existence of a disability. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS: 1. This deferral procedure shall apply only to assessments which are payable in five or more annual installments. 2. This deferral procedure shall apply only to properly o%~aed and occupied by the elderly, retired, or disabled applicant. Ownership and occupancy must be of the same nature as would qualify the applicant for a homestead exemption for tax purposes. 3. This deferral procedure shall apply only to homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes. 4. This deferral procedure shall not be construed as to prohibit the determination of hardship on the basis of exceptional and unusual circumstances not covered by the standards and g~idelines herein so long as determination is made in a nondiscriminatory manner and does not give the applicant an unreasonable preference or advantage over other applicants. 5. In order to obtain a deferral of an assessment, the homeowner must make application on the forms prescribed by the City of Columbia Heights Assessment Clerk. 6. In granting a deferred assessment, the Council shall determine in its resolution approving the assessment roll the amount of interest, if any, to be charged on the deferred assessment. 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due and payable upon the occurrence of any of the following events: a. the death of the owner, provided that the spouse is not otherwise eligible for benefits hereunder; b. the sale, transfer or subdivision of the property or any part thereof; c. if the property should for any reason lose its homestead status; or d. if for any reason the City shall determine that there would be no hardship to require immediate or partial payment. 8. No deferral may be granted unless the homeowner makes application to the City Assessment Clerk within thirty (30) days after adoption of the assessment by the Council. 9. The deferral shall apply to only 50% of the annual installment payment. If the 508 is not paid in a timely marnler, the balance of the annual installment along with all future installments shall become immediately due and payable. 10. No deferral shall be granted to any owner who has a gross annual household income from all sources in excess of $17,200.00. 11. No deferral may be continued from year to year unless the owner shall file a renewal application before September 15th of each year 12. No special assessment may be deferred for a period longer than the time set by the Council as the time over which the project is to be assessed. 13. Interest on deferred assessments shall be at the rate set by the Council in its resolution adopting the assessment roll, and such interest shall be added to the amount deferred and shall be paid in accordance with Minnesota Statute §435.195 and this Resolution. Passed this 14th day of December, 1998. Offered by: Szurek Seconded by: Roll Call: Sturdevant A1 I ayes Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor jg\files\srdefer, res CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA ~CTION: CONSENT AGENDA ORIGINATING DEPT.: CITY MANAGER NO: Recreation APPROVAL ~, ITEM: Authorization to obtain price quotes for printing and BY: Keith Windschitl/~J BY:~~//ff No:mailing the 1999 City newsletters ~ ~ V DATE:Recreati°nl 1/23/98 Directo2',r BACKGROUND: Staff is seeldng authorization to obtain price quotes for printing and mailing the 1999 "Heights Happer2ngs" city newsletters. A total of 13,400 city newsletters will be printed. A total of 10,047 ne~vsletters will be mailed to all Columbia Heights residents on a quarterly basis. The city newsletter will be compiled in-house by Janice McGhee-Fetzer at the Recreation Department using desktop publisking soft~vare. Attached are the specifications for the 1998 city newsletters. Plans are to print and distribute 1999 city newsletters according to the following schedule: Spring ne;vsletter - February 19; Sunm~er newsletter - May 8; Fall newsletter - August 13; and Winter newsletter - November 12. A total of $18,000 has been budgeted in account 101-45050-3440 for printing and $4,608 in account t01-45050-3220 for mailing city nexvsletters in 1999. RECO1VI2VlENDED MOTION: Move to authorize staff to obtain price quotes for printing and mailing the 1999 "Heights Happenings" city newsletters. COUNCIL ACTION: Admin~Newsletterbids99 CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: q PUBLIC WORKS LANE INSTALLATION AT 37TM AVENUE &j .. ~ DATE: 12/9/98'-~;----~ DATE: Background: The Bobby and Steve's AutoWorld project was required to obtain a driveway and access permit from Mn/DOT for work along Central Avenue. Since the AutoWorld project was originally proposed in 1997, MrdDOT indicated that the median accesses would be closed as part of this proposal. Analysis/Conclusions: Mn/DOT issued the permit to AutoWorld on or thereabouts the last week of October. On Monday, November 2, a crew fi.om Mn/DOT closed both accesses. On Tuesday, November 3, the City Manager, Director of Public Works, Council Members Jolly and Szurek, representatives from AutoWorld and Bridgemans met with Mn/DOT representatives to discuss the concerns and impacts of the median closure on the businesses. Mn/DOT would consider opening the southerly median access contingent upon a signing and left mm lane plan being prepared by the City. A plan was prepared and submitted by the City and approved by Mn/DOT on November 25, 1998. The Public Works Department pursued contract services for performing the work. Please review the past two department activity reports in the weekly green sheet for our work effort regarding this. The total cost for the work will be $22,000 to $24,000. The City's State Aid Account is an eligible source to pay for the work. Recommended Motion: Move to authorize expenditures from the City's State Aid Account for the median work on Central Avenue at 37~ Avenue from Fund 2 t2-43190-5130. rU~b 98-408 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: /~ PUBLIC WORKS PAYMENT FOR MISCELLANEOUS CONCRETE/$/,, PROJECT #9800 ~ DATE: 12/9/98a-----'~ DATE: Background: The Contractor has completed the 1998 Miscellaneous Concrete Repairs and Installations. The work consisted of curb and gutter, street, alley, driveway and sidewalk improvements/repairs throughout the City. The concrete street replacement on 37th Avenue for the railroad crossing was also included. A spreadsheet with the fund distribution is attached. Analysis/Conclusions: The final compensating change order, attached, modifies the contract to include additional quantities for repairs due to water main breaks, street and alley repairs, replacement of hazardous sidewalk and private work. Additional street construction was needed on 37~ Avenue because the elevation of the railroad crossing was raised. Staffrecommends approval of Change Order #1. Staff is reconunending approval of f'mal payment to Ron Kassa Construction, Inc. and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to authorize Contract Change Order No. 1 for additional work added to the contract by the City to Ron Kassa Construction, Inc. in the amount of $14,622.61 with funding out of the appropriate funds. Recommended Motion: Move to accept the work for 1998 Miscellaneous Concrete Repairs and Installations, City Project #9800 and authorize £mal payment of $11,246.12 to Ron Kassa Construction, Inc. of Elko, Minnesota. KnOb 98-400 Attachment: Fund Distribution Change Order Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: Z LL~ F- O CHANGE ORDER NO. 1 Project: 1998 Miscellaneous Concrete Repairs and Installations City Project: 9800 Owner: Contractor: City of Columbia Heights 637 38~ Avenue N.E. Columbia Heights, MN 55421 Ron Kassa Construction, Inc. 6005 250~ Street East Elko, MN 55020 Date of Issuance: Engineer: City Engineer You are directed to make the following changes in the Contract Documents: Description: Change in original contract price to compensate for additional work added to the contract by the City. Purpose of Change Order: The contract has been modified to include additional quantities for repairs due to water main breaks, street and alley repairs, replacement of hazardous sidewalk and private work. Additional street construction was needed on 37th Avenue because the elevation of the railroad crossing was raised. CHANGE IN CONTRACT PRICE Original Contract Price: $ 25,946.7O Previous Change Orders No. __ None to No. Contract Price Prior to this Change Order: $ 25,946.70 Net Increase of this Change Order: $14,622.61 Contract Price with all Approved Change Orders: $ 40,569.31 Recommended Assis~tant CiO l~gineer [- (~ Approved By: CHANGE IN CONTRACT TIME Original Contract Time: Net Change l~om Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time ~vith Approved Change Orders: Approved/? '~/ Date of Council Action Mayor Eng CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT 1998 MISCELLANEOUS CONCRETE REPAIRS AND INSTALLATIONS MUNICIPAL PROJECT #9800 Ron Kassa Construction, Inc. 6005 250th Street East Elko, MN 55020 No. Description Quantity Unit Unit Price Total 1 Remove curb and gutter 2 Construct curb and gutter 3 Remove street 4 Construct concrete street panel 5 Construct concrete header 6 Furnish and install tie bar 7 Furnish and install dowel 616.0 L.F. $6.00 $3,696.00 636.0 L.F. $15.00 $9,540.00 3,338.8 S.F. $1.80 $6,009.84 2,498.8 S.F. $3.90 $9,745.32 720.0 S.F. $6.00 $4,320.00 60.0 Ea. $2.00 $120.00 117.0 Ea. $2.00 $234.00 8 Remove alley/apron 9 Construct 8" concrete alley/apron 365.0 S.F. $1.80 $657.00 365.0 S.F. $3.90 $1,423.50 10 Remove driveway/apron 11 Construct 6" concrete driveway/apron 593.0 S.F. $1.60 $948.80 710.5 S.F. $3.40 $2,415.70 12 Remove sidewalk 13 Construct 4" concrete sidewalk 401.0 S.F. $0.70 $280.70 481.0 S.F. $2.45 $1,178.45 TOTAL BID COMPLETED TO DATE $40,569.31 MINUS PREVIOUS PAYMENTS ($29,323.19) TOTAL DUE $11,246.12 I hereby certify to the City Council of Columbia Heights that I have been in charge ot the work required by the above contract; that all work has been done and performed as measured by and in a~cordance tilth and pursuant to the terms of said contract. DATE KEylN)I~. HAI',,~'R,V~REG-. RO. ~1426 ~*1~:~1~ I ac/ce'~ the abo.v~ payment as final for the work done under this contract. / / I I ,. ~ C. DATE CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 1998 IMPROVEMENT PROJECTS CITY PROJECT NUMBER 9800 December 8, 1998 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Ron Kassa Construction, Inc. The work consisted of curb and gutter, street, alley, driveway, and sidewalk improvements/repairs throughout the City. The concrete street replacement on 37th Avenue for the railroad crossing was also included. The contractor has completed the project in accordance with the contract. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED ALL PRIOR PAYMENTS BALANCE DUE Sincerely, C~T~ OF COLUMBIA HEIGHTS City Engineer $ 25,946.70 $ 14,622.61 $ 40,569.31 $ 40,569.31 $ 29,323.19 $ 11,246.12 CITY COUNCIL LETTER REVISED Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBL.IC WORKS ITEM: CHANGE ORDER #3 AND FINAL PAYMENT BY: K. Hanse~.~Y/ BY: FOR STREET REHABILITATION - ZONE 3 ~/ - ~ DATE: 12/9/~t~-,>~'~'j DATE: Background: The Contractor has completed the 1998 Street Rehabilitation projects in Zone 3. The work consisted of full street reconstruction, partial street reconstruction, and mill and overlay with related utility construction/replacement. The contractor has completed the project in accordance with the contract. A deduction was made for services provided to the contractor by the City. Analysis/Conclusions: The f'mal compensating change order, attached, modifies the contract to include additional work for water services, storm sewer, bituminous leveling course and concrete driveway. These quantities were included in the information presented at the assessment hearing. Staffrecommends approval of Change Order #3. Staff is recommending approval of final payment to Midwest Asphalt Corporation and acceptance of the work. A copy of the final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to authorize Contract change Order No. 3 for ~vater service work, storm sewer work, bituminous leveling course and concrete driveway to Midwest Asphalt Corporation in the amount of $28,020.00 with funding out of the Water Construction Fund 651 of $2,670.80; Sewer Construction Fund 652 of $5,515.20; and the Infrastructure Fund 430 of $19,834.00. Recommended Motion: Move to accept the work for 1998 Street Rehabilitation, City Project Numbers 9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727, 9728, 9729, 9730, 9731, 9732 and 9743; and, authorize final payment of $69,942.06 to Midwest Asphalt Corporation of Hopkins, Minnesota. KU~b 98-401 Attachment: Change Order Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: CHANGE ORDER NO. 3 Project: 1998 Street Rehabilitation - Zone 3 City Project:9703, 9706, 9708, 9709, 9710, 9723, 97:14, 9725, 9726, 9730, 9731 and 9732 Owner; Contractor: City of Columbia Heights 637 38m Avenue N.E. Columbia Heights, MN 55421 Date of Issuance: .: Midwest Asphalt P.O. Box 5477 Hopkins, MN 55343 You are directed to make the following changes in the Contract Documents: Description: See attached. Engineer: City Engineer Joseph Sturdevant, Mayor Previous Change Orders No. 1 to No. 2 Contract Price Prior to this Change Order: $1,126,119.60 Net Increase of this Change Order: $ 28,O2O.OO Contract Price with all Approved Change Orders: $1,154,139.60 Recommended Assistant Ci[f~ngineer Approved By: CHANGE IN CONTRACT TIME Original Contract Time: Net Change from Previous Change Order: C~ntract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: Approved By: /y~t.,[" Midwest Asphalt Corporatk Ap~ro)/ed By: / Ke}t n H n~h, C~t~ E~nglneer k'~ Date of Council Action Original Contract Price: $1,095,419.56 CHANGE IN CONTRACT PRICE Purpose of Change Order: The contract has been modified to include the following: Work added by the City for plan modifications increasing quantities for work done above the original contract as described on attached sheet. Attachment to Change Order No. 3 City Project 9703, 9706, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9730, 9731 and 9732 Page of 1 of 1 Owner: Contractor: Project: City of Columbia Heights :' Midwest Asphalt Corporation 1998 Street Rehabilitation- Zone 3 Description of Changes: GENERAL · The City Sewer and Water Depa ~rtment requested these items be replaced as they were discovered to be defective during construction. : Total .Item No. Item Description ~..-(- UnitQuantity Unit Price Estimated Price 3 Remove water service L.S. 3 $ 28.20 $ 84.60 4 Remove stop box L.S. 4 $ 28.20 $112.80 5 1" Type K copper pipe ~ L.F. 104 $12.65 $1,315.60 6 t" Curb stop Ea. 6 $ 91.00 $ 546.00 7 1" Curb box Ea. 7 $ 87.40 $ 611.80 General Total $ 2,670.80 MILL AND OVERLAY · The additional pipe was required when the City requested the storm sewer on Fillmore Street be reconstructed approximat.ely 8' from centerline in lieu of the original location of next to the curb and gutter. · The City Sewer and Water Depa~ment requested the additional high capacity catch basin to reduce the overland flow along the north corporate limit. · During construction, it was discovered the_~existing bituminous mat was less than the anticipated thickness of three inches. exposed. Item No. A leveling course was paved where the gravel base was Item Description Unit 27 15" KCP L.F. 188 $ 22.90 $ 4,305.20 28 Construct high capacity catch basin Ea. 1 $1,210.00 $1,210.00 39 Bituminous leveling course Ton 205 $ 46.00 $ 9,430.00 Mill and overlay total $14,945.20 Total Ouantiw UnitPrice Estimated Price FULL RECONSTRUCTION · Additional concrete driveway was removed and replaced to provide residents with a gentler driveway slope. Total Item No. Item Description Unit Quantity Unit Price Estimated Price 50 Concrete driveway S.F. 2,890 $ 3.60 $10,404.00. Full reconstruction total $10,404.00 TOTAL FOR CHANGE ORDER NO. 3 $ 28,020.00 CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT 1998 STREET REHABILITATION - ZONE 3 MUNICIPAL PROJECTS 9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727., 9728, 9729, 9730, 9.731, 9732 AND 9743 MIDWEST ASPHALT CORPORATION P.O. BOX 5477 HOPKINS, MN 55343 GENERAL No. Item Unit Quantity 1 Mobilization L.S. '"'" 1 2 Traffic control L.S. 1 3 Remove water service (unit price only) ;L.S. 4 4 Remove stop box (unit price only) L.S. 5 5 1" Type K copper pipe (unit price only) L.F. 105 6 1" Curb stop (unit price only) Ea. 7 7 1" Curb box (unit price only) Ea. 8 8 4" PVC sanitary sewer service (u.p. only) L.F. 0 Unit Price $18,000.00 $3,000.00 $28.20 $28.20 $12.65 $91.00 $87.40 $11.15 Amount $18,000.00 $3,000.00 $112.80 $14t.00 $1,328.25 $637.00 $699.20 $0.00 A: SUBTOTAL- GENERAL MILL AND OVERLAY .No. Item Unit Quat~tity 1 Clear and grub tree 2 Remove concrete curb and gutter 3 Remove concrete driveway 4 Remove bituminous pavement 5 Remove bituminous driveway 6 Remove water main 7 Remove hydrant lead 8 Remove gate valve and box 9 Remove catch basin 10 RemoveRCP 11 Sawcut concrete 12 Sawcut bituminous 13 Mill bituminous pavement 14 Salvage hydrant Inch 0 L.F. 3,066 S.F. 3,630 S.Y. 2,420 S.Y. 229 L.F. 220 L.F. 39 Ea. 3 Ea. 4 L.F. 380 L.F. 523 L.F. 416 S.Y. 32,994 Ea. 2 Unit Price $37.00 $2.50 $0.45 $1.40 $1.20 $8.50 $8.50 $42.30 $169.00 $8.50 $2.70 $2.00 $0.43 $56.30 $23,918.25 Amount $0.00 $7,665.00 $1,633.50 $3,388.00 $274.80 $1,870.00 $331.50 $126.90 $676.00 $3,230.00 $1,412.10 $832.O¢ $14,187.42 $112.60 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 CO2 CO2 CO2 CO2 CO2 CO2 CO2 CO2 Salvage catch basin casting Temporary water service 8" Water main 6" Water main 6" Hydrant lead 8" Gate valve and box 6" Hydrant gate valve Hydrant Water main fittings 1" Corporation Reconnect water service 12" RCP 15" RCP Construct high capacity catch basin Install catch basin casting Install manhole casting Reinstall salvaged catch basin casting Subgrade excavation Granular borrow (CV) Common excavation Pipe bedding Aggregate base class 5 Bituminous binder course 2' Bituminous overlay Bituminous leveling course Patch bituminous street Bituminous driveway Tack coat Concrete curb and gutter Concrete driveway Remove, F & 1 6" gate valve F & I loop detector Mill bituminous pavement 2" bituminous overlay Construct 5' manhole Construct 5.6' manhole Construct 6' manhole Abandon storm sewer Ea. L.S. L.F. L.F. L.F. Ea. Ea. Ea. Lb. Ea. Ea. L.F. L.F. Ea. Ea. Ea. C.Y. C.Y. Ton Ton Ton Ton Ton Ton S.Y. Gal. L.F. S.F. L.S. L.S. S.Y. Ton Ea. Ea. Ea. L.S. 7 2 459 200 20 2 2 2 1,030 10 10 0 1,179 2 5 3 2 0 0 472 0 1,324 303 4,066 614 270 291 1,612 3,295 4,146 1 1 :828 94 1 1 1 1 $83.35 $5,750.00 $21.85 $18.75 $18.75 $740.00 $581.50 $1,575.00 $1.60 $60.55 $183.50 $21.40 $22.90 $1,210.00 $445.00 $500.00 $280.O0 $11.00 $15.00 $11.00 $11.45 $9.40 $46.O0 $27.25 $46.00 $46.00 $9.00 $1.90 $12.15 $3.65 $1,000.00 $1,750.00 $0.43 $27.25 $2,400.00 $2,600.00 $2,800.00 $400.00 $583.45 $11,500.00 $10,029.15 $3,750.00 $375.00 $1,480.00 $1,163.00 $3,150.00 $1,648.00 $605.50 $1,835.00 $0.00 $26,999.10 $2,420.00 $2,225.00 $1,500.00 $560.00 $0.00 $0.00 $5,192.00 $0.00 $12,445.60 $13,938.00 $110,798.50 $28,244.00 $12,420.00 $2,619.00 $3,062.80 $40,034.25 $15,132.90 $1,000.00 $1,750.00 $356.04 $2,561.50 $2,400.00 $2,600.00 $2,800.00 $400.00 B: SUBTOTAL - MILL AND OVERLAY $363,317.61 PARTIAL RECONSTRUCTION No. Item Unit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2t 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 CO1 CO1 Remove concrete curb and gutter Remove concrete cross street drain Remove concrete driveway Remove concrete walk Remove bituminous pavement Remove bituminous driveway Remove water main Remove hydrant lead Remove gate valve and box Remove RCP Sawcut concrete Sawcut bituminous Salvage hydrant Temporary water service t0" Water main 8" Water main 6" Hydrant lead 8" Gate valve and box 6" Hydrant gate valve Hydrant Water main fittings 1" Corporation Reconnect water service 12" R.C.P. Subgrade excavation Granular borrow (CV) Common excavation ~ Pipe bedding Aggregate base class 5 Recycled base Bituminous wear course Bituminous binder course Bituminous driveway Tack coat Concrete curb and gutter Concrete driveway Concrete walk Remove catch basin Construct catch basin C.F. S.F. S.F. S.F. S.Y. S.Y. L.F. L.F. Ea. L.F. L.F. L.F. Ea. L.S. L.F. L.F. Ea. Ea. Ea. Lb. Ea. Ea. L.F. C.Y. C.Y. C.Y. Ton Ton Ton Ton Ton S.Y. Gal. L.F. S.F. S.F. Ea. Ea. 1,892 90 1,330 20 17,085 301 60 45 2 156 217 477 3 1 15 972 37 3 3 3 1,515 3t 31 156 312 570 3,429 = 25 3,364 2,347 1,841 2,336 419 1,t91 1,892 1,251 20 '2 2 Unit Price $2.50 $2.90 $0.45 $3.00 $1.30 $1.20 $8.50 $8.50 $42.45 $8.50 $2.50 $2.00 $1,245.00 $2,115.00 $25.35 $21.85 $18.75 $740.00 $581.50 $1,575.00 $1.60 $61.50 $169.00 $21.40 $7.25 $5.85 $7.25 $11.45 $7.40 $7.40 $27.25 $24.30 $9.00 $1.90 $12.07 $3.30 $3.65 $575.0O $2;875.00 Amount $4,730.00 $261.00 $598.5O $60.00 $22,210.50 $361.2O $510.00 $382.50 $84.90 $1,326.00 $542.50 $954.00 $3,735.00 $2,115.00 $380.25 $21,238.20 $693.75 $2,220.00 $1,744.50 $4,725.00 $2,424.00 $1,906.50 $5,239.00 $3,338.40 $2,262.O0 $3,334.50 $24,860.25 $286.25 $24,893.60 $17,367.80 $50,167.25 $56,764.80 $3,771.00 $2,262.9O $22,836.44 $4,128.30 $73.00 $1,150.00 $5,750.00 C: SUBTOTAL - PARTIAL RECONSTRUCTION $301,688.79 FULL RECONSTRUCTION No. Item Unit 1 Clear and grub tree 2 Remove concrete curb and gutter 3 Remove concrete alley 4 Remove concrete driveway 5 Remove concrete walk 6 Remove concrete step 7 Remove bituminous pavement 8 Remove bituminous driveway 9 Remove timber retaining wall 10 Remove watermain 11 Remove hydrant lead 12 Remove gate valve and box 13 Remove catch basin 14 Remove CP 15 Sa~vcut concrete 16 Sawcut bituminous 17 Salvage fence 18 Salvage hydrant 19 Salvage catch basin casting 20 Temporary water service 21 8" Water main 22 6" Hydrant lead 23 8" Gate valve and box 24 6" Hydrant gate valve 25 Hydrant 26 Water main fittings 27 1" Corporation 28 Reconnect water service 29 Relocate stop box 30 4" Drain pipe 31 12" PVC 32 12" RCP 33 15" RCP 34 Construct catch basin - manhole 35 Construct catch basin 36 Install catch basin casting 37 Install beehive catch basin casting 38 Subgrade excavation 39 Granular borrow (CV) 40 Common excavation 41 Pipe bedding 42 Aggregate base class 5 43 Recycled base Inch L.F. S.F. S.F. S.F. S.F. S.Y. S.Y. L.F. L.F. L.F. Ea. Ea. L.F. oL.F. L.F. L.S. Ea. Ea. L.S. L.F. L.F. Ea. Ea. Ea. Lbs. Ea. Ea. L.S. L.F. L.F. L.F. L.F. Ea. Ea. Ea. Ea. C.Y. C.Y. C.Y. Ton Ton Ton 4 116 24 120 4,816 951 212 8,027 t48 43 640 18 4 ,-3 9 515 683 278 0 2 3 1 640 18 5 2 2 1,510 9 9 64 180 62 182 313 4 8 11 1 2,860 5,128 2,765 54 3,349 0 Unit Price $37.00 $3.00 $1.00 $0.45 $0.15 $2.17 $1.30 $1.00 $5.56 $8.50 $8.50 $56.30 $169.00 $8.50 $2.50 $2.00 $225.00 $56.30 $83.35 $4,240.00 $21.85 $18.75 $581.50 $581.50 $1,575.00 $1.60 $62.50 $169.00 $718.50 $9.90 $17.70 $21.4O $23.00 $1,310.00 $1,013.00 $335.00 $335.00 $7.25 $5.80 $7.25 $11.35 $7.40 $7.40 Amount $4,292.00 $72.00 $120.00 $2,167.20 $t42.65 $460.04 $10,435.10 $148.00 $239.08 $5,440.00 $153.00 $225.20 $1,521.00 $4,377.50 $1,707.50 $556.00 $0.00 $112.60 $250.05 $4,240.00 $13,984.00 $337.50 $2,907.50 $1,163.00 $3,150.00 $2,416.00 $562.50 $1,521.00 $45,984.00 $1,782.00 $1,097.40 $3,894.80 $7,199.00 $5,240.00 $8,104.00 $3,685.00 $335.00 $20,735.00 $29,742.40 $20,046.25 $612.90 $24,782.60 $0.00 44 45 46 47 48 49 50 51 52 53 54 55 56 CO2 Bituminous wear course Bituminous binder course Bituminous driveway Tack coat Concrete curb and gutter - B618 Concrete alley Concrete driveway Concrete walk Concrete step Install timber wall - 4837 E.U.C. Install timber walt - 2227 Fairway Dr Reinstall salvaged fence Sod with topsoil Remobilization Ton Ton S.Y. Gal. L.F. S.F. S.F. S.F. S.F. L.F. L.F. L.S. S.Y. L.S. 907 928 311 400 4,499 84 7,048 993 353 0 0 0 4,250 1 $27.25 $24.50 $9.00 $1.90 $7.10 $4.15 $3.60 $3.10 $10.70 $11.00 $11.00 $350.00 $2.50 $1,000.00 $24,715.75 $22,736.OO $2,799.00 $760.00 $31,942.90 $348.60 $25,372.80 $3,078.30 $3,777.10 $0.00 $0.00 $0.00 $10,625.00 $1,000.00 D: SUBTOTAL - FULL RECONSTRUCTION UPLAND CREST - UTILITY REPLACEMENT No. Item Unit 1 Remove concrete curb and gutter 2 Remove concrete driveway 3 Remove concrete walk 4 Remove bituminous pavement 5 Remove bituminous driveway 6 Remove water main 7 Remove hydrant lead 8 Remove gate valve and box 9 Remove VCP 10 Sawcut concrete 11 Sawcut bituminous 12 Salvage hydrant 13 Temporary water service 14 Temporary sanitary sewer service 15 8" Water main 16 6" Hydrant lead 17 8" Gate valve and box 18 6" Hydrant gate valve 19 Hydrant 20 Water main fittings 21 1" Corporation 22 Reconnect water service 23 8" PVC sanitary sewer 24 8" x 4" PVC wye 25 Reconnect sewer service C.F. S.F. S.F. S.Y. S.Y. L.F. L.F. Ea. L.F. L.F. L.F. Ea. L.S. L.S. L.F. L.F. Ea. Ea. Ea. Lb. Ea. Ea. L.F. Ea. Ea. 59 0 26 2,658 0 100 3O 3 173 0 61 3 1 1 1,250 37 3 3 3 1,675 30 30 173 2 2 $363,096.22 Unit Price $2.70 $0.50 $O.3O $1.30 $2.00 $8.50 $8.50 $56.30 $8.50 $2.50 $2.00 $56.30 $3,600.00 $1,057.00 $21.85 $18.75 $740.00 $581.50 $1,575.00 $1.60 $60.45 $181.00 $12.75 $81.75 $183.15 Amount $159.30 $0.00 $7.80 $3,455.40 $0.00 $850.00 $255.00 $168.90 $1,470.50 $0.00 $122.00 $168.90 $3,600.0O $1,057.00 $27,312.50 $693.75 $2,220.00 $1,744.50 $4,725.00 $2,680.00 $1,813.50 $5,430.00 $2,205.75 $163.50 $366.30 26 27 28 29 30 31 32 33 34 35 36 CO2: CO2 CO2 Common excavation C.Y. 899 $8.95 Pipe bedding Ton 0 $11.35 Aggregate base class 5 Ton 730 $7.25 Recycled base Ton 0 $7.25 Bituminous wear course Ton 464 $27.25 Bituminous binder course Ton 337 $24.50 Bituminous driveway S.Y. 0 $9.00 Tack coat Gal. 50 $1.90 Concrete curb and gutter L.F. 59 $12.10 Concrete driveway S.F. 0 $3.65 Concrete sidewalk S.F. 26 $3.65 Subgrade excavation C.Y. 570 '$8.95 Geotextile fabric S.Y. 331 $1.50 Granular borrow S.Y. 570 $5.85 E: SUBTOTAL - UPLAND CREST UTILITY REPLACEMENT $8,046.05 $o.oo $5,292.50 $o.oo $12,644.00 $8,256.50 $o.oo $95.00 $713.90 $0.00 $94.90 $5,101.50 $496.50 $3,334.50 $104,744.95 SUBTOTAL. GENERAL $23,91~.2~ B: SUBTOTAL - MILL AND OVF, RLAY C: SUBTOTAL - PARTIAL RECON,~TRIIC. TION $363~31'/.61 $301,68/L'/9 D: SUBTOTAL- FULLRECONSTRUCTION' E: SUBTOTAL - UPLAND CREST UTILITY REPLACEMENT $363,096.22 S104,744.95 WORK COMPLETED TO DATE HDPE STOR2/I SEWER PIPE ALTERNATE ::: Deduct 15" RCP L.F. 1,335 Add 15" HDPE, ~. L.F. 1,~35 $25,00 $23.0O ($33,375.00) $30~705.00 TO'rAL BID COMPLETED TO DATE MINUS PREVIOU~ PAYMENT MINUS DEDUCTIONS $1,I 54,095.82 ($1,052,043.90) ($2,109.86) TOTAL DUE $69,942.06 I I-[EREBY CERTIFY TO THE CITY coUNcIL OF COLUMBIA HEIGHTS THAT I HAVE BEEN IN CHARGE OF THE WOKK KEQUTR.ED BY THE ABOVE CON'rI:~CT; THAT ALL WOKi<. HAS BEEN DaNE AND PEKi~O~ AS ~AqUP~D BY AND IN ACCORDANCE WITH A2qD .'~4AN$~.'q~a. NO. :1426 - ; DATE I ACCEPT 'riqE ABOVE PAYlq~lq'r A5 F]2,1AL POk THE WORK DONE tINDER THIS CONTRACT. MIDWEST ^SPI^LT ~C;KP. }~.---~ D^'I'E "" ' REVISFD CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF 'FINAL ACCEPTANCE 1998 IMPROVEMENT PROJECTS - ZONE 3 CITY PROJECT NUMBERS 9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727, 9728, 9729, 9730, 9731, 9732, AND 9743 December 8, 1998 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have revie~ved the work under contract to Midwest Asphalt Corporation. The work consisted of full street reconstruction, partial street reconstruction, and mill and overlay with related utility construction/replacement. The contractor has completed the project in accordance with the contract. A deduction was made for services provided to the contractor by the City. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT FINAL WORK APPROVED ALL PRIOR PAYMENTS DEDUCTIONS BALANCE DUE Sincerely, CI ,Y F, COL MBIA HEIGHTS City Engineer $ 1,095,419.56 $ 58,720.04 $ 1,154,139.60 $ 1,154,095.82 ( $1,082,043.90) ( $ 2,109.86) $ 69,942.06 CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: CHANGE ORDER #3 AND FINAL PAYMENT BY: K. Hansen~j ~E~~/~ FOR STREET REHABILITATION - ZONE 3 /,pt- y DATE: 12/9/952_.-~-~ . Background: The Contractor has completed the t998 Street Rehabilitation projects in Zone 3. The work consisted of full street reconstruction, partial street reconstruction, and mill and overlay with related utility construction/replacement. The contractor has completed the project in accordance with the contract. A deduction was made for services provided to the contractor by the City. Analysis/Conclusions: The final compensating change order, attached, modifies the contract to include additional work for water services, storm sewer, bituminous leveling course and concrete driveway. These quantities were included in the information presented at the assessment hearing. Staff recommends approval of Change Order #3. Staffis recommending approval of £mal payment to Midwest Asphalt Corporation and acceptance of the work. A copy ofthe final payment voucher and the Engineer's Acceptance Report is attached. Recommended Motion: Move to authorize Contract change Order No. 3 for water service work, storm sewer work, bituminous leveling course and concrete driveway to Midwest Asphalt Corporation in the amount of $28,020.00 with funding out of the Water Construction Fund 651 of $2,670.80; Sewer Construction Fund 652 of $5,515.20; and the Infrastructure Fund 430 of $19,834.00. Recommended Motion: Move to accept the work for 1998 Street Rehabilitation, City Project Numbers 9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727, 9728, 9729, 9730, 9731, 9732 and 9743; and, authorize final payment of $68,913.69 to Midwest Asphalt Corporation of Hopkins, Minnesota. mU~b 98-401 Attachment: Change Order Payment Voucher Engineer's Acceptance Report COUNCIL ACTION: CI-IANGE ORDER NO. 3 Project: 1998 Street Rehabilitation - Zone 3 City Project:9703, 9706, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9730, 9731 and 9732 Owner: Contractor: City of Columbia Heights 637 38th Avenue N.E. Columbia Heights, MN 55421 Midwest Asphalt P.O. Box 5477 Hopkins, MN 55343 Date of Issuance: Engineer: City Engineer Joseph Sturdevant, Mayor Original Contract Price: $1,095,419.56 Previous Change Orders No. 1 to No. 2 Contract Price Prior to this Change Order: $1,126,119.60 Net Increase of this Change Order: $ 28,O2O.OO Contract Price with all Approved Change Orders: $1,154,139.60 Recommended Assistant Ci~ngineer Approved By: CHANGE IN CONTRACT TIME Original Contract Time: Net Change from Previous Change Order: Contract Time Prior to this Change Order: Net Increase (Decrease) of Change Order: Contract Time with Approved Change Orders: Approve _ Midwest Asphalt Corporati~ Ap~ro)~ed By: I Date of Council Action K~/n Hn~h, C~t~ E~gineer CHANGE IN CONTRACT PRICE You are directed to make the following changes in the Contract Documents: Description: See attached. ~ Purpose of Change Order: The contract has been modified to include the following: Work added by the City for plan modifications increasing quantities for work done above the original contract as described on attached sheet. Attachment to Change Order No. 3 City Project 9703, 9706, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9730, 9731 and 9732 Page of 1 of 1 Owner: Contractor: Project: City of Columbia Heights Midwest Asphalt Corporation 1998 Street Rehabilitation - Zone 3 Description of Changes: GENERAL The City Sewer and Water Depa~ment requested these items be replaced as they were discovered to be defective during construction. Total Item No. Item Description .--Unit. Quanti_ty Unit Price Estimated Price 3 Remove water service L.S. 3 $ 28.20 $ 84.60 4 Remove stop box , L.S. 4 $ 28.20 $112.80 5 1" Type K copper pipe L.F. 104 $12.65 $1,315.60 6 1" Curb stop Ea. 6 $ 91.00 $ 546.00 7 1" Curb box Ea. 7 $ 87.40 $ 611.80 General Total $ 2,670.80 MILL AND OVERLAY The additional pipe was required when the City requested the storm sewer on Fillmore Street be reconstructed approximat.ely 8' from centerline in lieu of the original location of next to the curb and gutter. · The City Sewer and Water Department requested the additional high capacity catch basin to reduce the overland flow along the north corporate limit. · During construction, it was discovered the existing bituminous mat was less than the anticipated thickness of three inches. A leveling course was paved where the gravel base was exposed. Item No. Item Description Unit Ouanti_ty Unit Price 15" RCP L.F. 188 Construct high capacity catch basin Ea. 1 Bituminous leveling course Ton 205 Mill and overlay total 27 $ 22.90 28 $1,210.00 39 $ 46.00 Total Estimated Price $ 4,305.20 $1,210.00 $ 9,430.00 $14,945.20 FULL RECONSTRUCTION · Additional concrete driveway was removed and replaced to provide residents with a gentler driveway slope. Total Item No. Item Description Unit Quanti _ty Unit Price Estimated Price 50 Concrete driveway S.F. 2,890 $ 3.60 $10,404.00 Full reconstruction total $10,404.00 TOTAL FOR CHANGE ORDER NO. 3 $ 28,020.00 CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MINNESOTA ENGINEER'S REPORT OF FINAL ACCEPTANCE 1998 IMPROVEMENT PROJECTS - ZONE 3 CITY PROJECT NUMBERS 9703, 9704, 9705, 9706, 9707, 9708, 9709, 9710, 9723, 9724, 9725, 9726, 9727, 9728, 9729, 9730, 9731, 9732, AND 9743 December 8, 1998 TO THE CITY COUNCIL COLUMBIA HEIGHTS, MINNESOTA HONORABLE MAYOR AND CITY COUNCIL MEMBERS: This is to advise you that I have reviewed the work under contract to Midwest Asphalt Corporation. The work consisted of full street reconstruction, partial street reconstruction, and mill and overlay with related utility construction/replacement. The contractor has completed the project in accordance with the contract. A deduction was made for services provided to the contractor by the City. It is recommended; herewith, that final payment be made for said improvements to the contractor in the amount as follows: ORIGINAL CONTRACT PRICE CHANGE ORDERS FINAL CONTRACT AMOUNT $ 1,095,419.56 $ 58,720.04 $ 1,154,139.60 FINAL WORK APPROVED ALL PRIOR PAYMENTS DEDUCTIONS $ 1,154,095.82 ( $ 1,082,043.90) ( $ 3,138.23) BALANCE DUE $ 68,913.69 Sincerely, City Engineer CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ~ PUBLIC WORKS ITEM: REQUESTFORSCHOOLZONEO~4,..9~ BY: K. Hanse~) BY: AVENUE (WEST OF CENTRAL) DATE: 12/9/9~F_~_~~ DATE: Background: Based on discussions with representatives of the school district, the Police Department has been monitoring the speed and volume of traffic on 49t~ Avenue between Central Avenue and Monroe Street as well as between Fillmore Street and Johnson Street, both during the school day and after school. Additional enforcement efforts and a higher visibility level in this area have been pursued. Analysis/conclusions: Letters from the School District requesting a "school zone" on 49th Avenue from Monroe Street to Central Avenue and "stop signs" at the main entrance to the High School, are attached. The Traffic Commission reviewed these requests at their meeting on December 7, 1998. There is a definite need for a "school zone" on 494 Avenue between Central Avenue and Monroe Street. Staff suggested that a reduced speed signs with flashing amber lights for use when children are present would help to slow down the traffic in this area and the Traffic Commission concurred. There was discussion concerning the appropriateness of stop signs on 494 Avenue at the entrance to the High School. Staff and the Traffic Commission felt that a signalized pedestrian crossing may be more appropriate than stop signs. Staff is researching the type of pedestrian crossings available and the costs. Recommended Motion: Move to recommend the City Council request Anoka County establish a school zone on 49~ Avenue from Monroe Street to Central Avenue with reduced speed and flashing amber lights when children are presented based on the recommendation of the Traffic Commission. KH:jb 98-402 Attachments: Letters (2) COUNCIL ACTION: Valley View Elementary School 800 49th Avenue N.E., Columbia Heights, Minnesota 55421, Telephone: (612)586-4580, FAX (612)586-4587 Kathleen Kaiser, Principal December 4, 1998 Police Chief Tom Johnson Columbia Heights Pohce Depart~'nent 559 Mill St. N.E. Columbia Heights, MN 55421 Dear Chief Johnson, I'm writing to express my concern with the amount of traffic and the speed at which it travels in front of Valley View Elementary School. Traffic will undoubtedly increase with time, and I would appreciate it if you, along with the Traffic Commission, would seriously consider providing additional safety features or devices on 49th Avenue. Please aid our efforts to keep Valley View students safe all day, especially during arrival and dismissal times. Sincerely,, Kathleen Naiser Principal KK/ce CC: , Dr. Behlow, Superintendent Sergeant Va/Diet. z, D.A.R.E. Officer An Equal ,Opportunity Employer Columbia Heights Public Schools Independent School District #13, 1400 49th Avenue N.E., Columbia Heights, Minnesota 55421 Telephone: (612) 586-4505, FAX: (612) 586-4508 David L. Behlow, Ph.D. Superintendent December 4, 1998 Chief Tom Johnson Columbia Heights Police Department 590 40th Avenue NE Columbia Heights, MN 55421 Dear Chief Johnson: I am writing this letter to ask that the T~raffic Commission review and take action on two issues that directly affect the safety of the students and staff of our School District. During the last year-and-azhalf, I have had numerous concerns expressed to me by parents, staff and administrators related to the speed and volume of traffic on 49m Avenue between Central Avenue and Monroe Street. The Columbia Heights pOlice Department has been very cooperative in providing increased patrol and we have worked with our students and staff to make them aware of the need to exercise extreme caution in and around this area. We are asking that the Commission give strong consideration to establishing this area as a school zone. We're also concerned about the pedestrian crossings in the areas of the High School and Highland Elementary School. We have a significant number of staff, parents, and students who cross 49th Avenue in the morning, afternoon and evening. This pedestrian traffic will continue to increase with the construction of the Family Center adjacent to the High School and the utilization of these buildings year round. I believe it's been very fortunate that there haven't been any major accidents, but there have been a number of close calls. I support placing stop 'signs and crosswalks on the east and west side of the main. entrance to the High School on 49m Avenue. It is important to ensure the safety of our students, parents, staff and community members who regularly use our school facilities. We appreciate the efforts of our Police Department, but strongly believe that we need to clearly mark and control these areas. Thank you for the consideration of these requests. If I can provide additional information or further clarify our concerns, please do not hesitate to contact me. Sincerely, David L. Behlow Superintendent DLB/kb An Equal Opportunity Employer CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO: ¢ PUBLIC WORKS ITEM: EXTENSION OF GIS RANGE RIDER BY: K. Hansen~.~ CONTRACT ~ t[~ ~ DATE: 12/9/98 '-"~ DATE: Background: In 1996 Council approved a Joint Powers Agreement (Tri-City Agreement) with the cities of Andover and Fridley to hire an outside consultant to provide GIS technical assistance. The Consulting Firm of PlanSight was hired and performed work under the Tri-Cities Agreement in 1997 and 1998. The Consulting Services Agreement terminates on December 31, 1998 unless extended by further agreement of the parties. Analysis/Conclusions: The cities of Andover, Fridley and Columbia Heights staff are interested in continuing the contract for 1999. Continuing with PlanSight will provide the continuity we need to keep the program moving forward. The 1999 goals for the City of Columbia Heights are as follows: · Linking Pavement Management Database to Pavement Coverage (Public Works/Engineering) · Linking Utility Databases to Sewer and Water Coverages (Public Works/Engineering) · Updating parcel accuracy (Public Works/Engineering) · Incorporating physical feature database · Providing analysis and mapping support for the Comprehensive Plan Process (Planning) · Analyzing and map crime data (Police) · Link GIS to fn'e database/analyze and map database information (Fire) · Develop process for dealing with easements in GIS (Finance/Assessing) · Additional tasks as identified Columbia Heights benefits from work done under this contract for the other cities as well as our own. Columbia Heights' share for the 1999 Tri-City GIS Range Rider is $15,666.00. There has been no price increase for 1999. This amount is budgeted in the 1999 Public Works budget. Recommended Motion: Move to approve an extension to the GIS Joint Powers Agreement; and, authorize the Mayor and City Manager to enter into an agreement for the same. KH:Jb 98-410 Attachment: Agreement COUNCIL ACTION: CONSULTING SERVICES AGREEMENT This Contract is made and entered into bet~veen the Tri-City GIS Joint Powers Organization, consisting of the Cities of Fridley, Columbia Heights and Andover, hereinafter "Tri-City" and PlanSight LLC., Suite 201, 3625 Talmage Circle, Vadnais Heights, Minnesota, 55110, hereinafter "Contractor". WHEREAS, Tri-City requires services to be provided for the staffing of a GIS Range Rider to provide GIS technical assistance to the Cities of Andover, Columbia Heights and Fridley; WHEREAS, Contractor desires to and is capable of providing the necessary services according to the terms and conditions stated herein; NOW, TI-IEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. TERM 1.1 Term. The term of this Contract shall be from January 1, 1999 to and including December 31, 1999 unless earlier terminated by la~v or according to the provisions of this Contract. 2. CONTRACTOR'S OBLIGATIONS 2.1 General Description. Contractor shall provide the following services generally described as: o PAYMENT Fifty weeks of full time onsite GIS technical assistance to the communities of Fridley, Andover and Columbia Heights. The services will be in the form of one or more GIS Range Riders that would spend an average of 50 - 60 hours per month in each community over the course of the Contract. 2.2 Conformance to Specification. Services provided shall meet or exceed the tasks outlined in the Tri-City GIS Technical Assistance Request for Proposal set out in Exhibit A which is attached hereto and incorporated herein by reference. 3.1 Total Cost. The total amount to be paid by Tri-City pursuant to this Contract shall be $47,000.00. 3.2 Invoices. Contractor shall, within fifteen (15) working days following the last day of each calendar month in which services were provided, submit an invoice and request for payment on an invoice form acceptable to Tri-City. This invoice shall itemize 1) the hours of services rendered listed by classification, 2) the date such services were provided, 3) a general description of the services provided, 4) the name of client receiving services, 5) the amount and type of all reimbursable expenses being charged to the Contract, 6) the dates of the performance period covered by the invoice. 3.3 Time of Payment. Tri-City shall make payment to Contractor within thirty-five (35) days of the date on which the invoice is received. If the invoice is incorrect, defective, or otherwise improper, Tri-City will notify Contractor within ten (10) days of o 3.4 receiving the incorrect invoice. Upon receiving the corrected invoice from Contractor, Tri-City will make payment within thirty-five (35) days. Payment of Unauthorized Claims. Tri-City may refuse to pay any claim ~vhich is not specifically authorized by this Contract. Payment of a claim shall not preclude Tri-City from questioning the propriety of the claim. Tri-City reserves the right to offset any overpayment or 4.1 General. Contractor shall abide by all Federal, State or local laws, statutes, ordinances, rules and regulations now in effect or hereinafter pertaining to this Contract or to the facilities, programs and staff for ~vhich Contractor is responsible. 4.2 Minnesota La~v to Govern. This Contract shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of la,vs. All proceedings related to this Contract shall be venued in the State of Minnesota. INDEPENDENT CONTRACTOR STATUS Contractor is an independent contractor and nothing herein contained shall be construed to create the relationship of employer and employee between Tri-City and Contractor. Contractor shall at all times be free to exercise initiative, judgment and discretion as to how to best perform or provide services. Contractor acknowledges and agrees that Contractor is not entitled to receive any of the benefits received by Tri-City employees and is not eligible for workers' or unemployment compensation benefits. Contractor acknowledges and agrees that no withholding or deduction for disallowance of claim by reducing future payments. COMPLIANCE WITH LAWS/STANDARDS State or Federal income taxes, FICA, FUTA, or otherwise, will be made form the payments due Contractor and that it is Contractor's sole obligation to comply with the applicable provisions of all Federal and State tax laws. INDEMNIFICATION Any and all claims that arise or may arise on behalf of Contractor, its agents, servants or employees as a consequence of any act or omission on the part of Contractor or its agents, servants, employees ~vhile engaged in the performance of the Contract shall in no way be the obligation or responsibility of Tri-City. Contractor shall indemnify, hold harmless and defend Tri-City, its members, officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorneys' fees which Tri-City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any negligent or willful act or omission of Contractor, its agents, servants or employees, in the execution, performance, or failure to adequately perform Contractor's obligations pursuant to this Contract. INSURANCE 7.1 General Terms. In order to protect itself and to protect Tri-City under the indemnity provisions set forth above Contractor shall, at Contractor's expense, procure and maintain policies of insurance covering the term of this Contract, as set forth below. Such policies of insurance shall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. All retentions and deductibles under such policies of insurance shall be paid by Contractor. Each such policy shall not be canceled by the issuing insurance company without at least ten (10) days written notice to Tri-City of intent to cancel. 7.2 7.3 7.4 7.5 Coverage. The policies of insurance to be obtained by Contractor pursuant to this section shall be purchased from a licensed carrier and shall include the following: A) Professional Liability (1) A professional liability insurance policy covering personnel of Contractor, if any, who provide professional services under this Contract, which shall include the following coverages at a minimum: Personal Injury/Damage: B) Workers' Compensation $200,000 per person $600,000 per occurrence If applicable, Contractor shall procure and maintain a policy that at least meets the statutory minimum. Certificates. Prior to or concurrent with execution of this Contract, Contractor shall file certificates or certified copies of such policies of insurance with Tri-City. Failure to Provide Proof of Insurance. Tri-City may withhold payments or immediately terminate this Contractor or failure of Contractor to furnish proof of insurance coverage or to comply ~vith the insurance requirements as stated above. Non-waiver. Nothing in this Contract shall constitute a waiver by Tri-City of any statutory limits or exceptions on liability. o 10. SUBCONTRACTING Contractor shall not enter into any subcontract for the performance of the services contemplated under this Contract nor assign any interest in the Contract without prior written consent of Tri-City. DEFAULT 9.1 9.2 Inabili~ to perform. Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by Tri-City. Contractor shall immediately notify Tri-City in writing whenever it is unable to, or reasonably believes it is going to be unable to, provide the agreed upon quality of services. Upon such notification, Tri-City shall determine whether such inability requires a modification or cancellation of this Contract. Duty to Mitigate. Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. TERMINATION 10.1 10.2 With or Without Cause. This Contract may be terminated, with or without cause, by Tri-City upon thirty (30) days written notice. Notice of Default. Either party may terminate this Contract for cause by giving ten (10) days written notice of its intent. Said notice shall specify the circumstances warranting termination of this Contract. 10.3 10.4 10.5 Failure to Cure. If the party in default fails to cure the specified circumstances as described by the notice given under the above paragraph within the ten (10) days, or such additional time as may be authorized by the party giving notice, then the whole or any part of this Contract may be terminated by written notice. Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the authorized agent of the party. Notice of Termination is deemed effective upon delivery to the address of the party as stated in paragraph 12. Effect of Termination. Termination of this Contract shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Contract prior to the effective date of termination. 11. CONTRACT RIGHTS/RENIEDIES 11.1 11.2 Rights Cumulative. All remedies available to either party under the terms of this Contract or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. Waiver. Waiver for any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Contract shall not be construed to be modification for the terms of this Contract unless stated to be 12. 13. such in ~vriting and signed by authorized representatives of Tri-city and contractor. AUTHORIZED REPRESENTATIVE Notification required to be provided pursuant to this Contract shall be provided to the following named persons and addresses unless otherwise stated in this Contract, or in a modification of this Contract. To Contractor: Jerry Happel Suite 201 3625 Talmage Circle Vadnais Heights, M31 55110 MODIFICATIONS To Tri-City: Richard Fursman City of Andover 1685 Crossto~vn Blvd Andover, MN 55304 Any alterations, variations, modifications, or waivers of the provisions of this Contract shall only be valid when they have been reduced to writing, and signed by authorized representatives of Tri-City and Contractor. 14. SEVERAB[LITY The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Contract unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Contract with respect to either party. 15. MERGER 15.1 Final Agreement. This Contract is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements. There are not representations, ~varranties, or stipulations, either oral or written, not herein contained. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date(s) indicated below. CONTRACTOR By: Title: Date: TRI-CITY GIS ORGANIZATION By: Title: Date: By: Title: Date: By: Title: Date: CITY COUNCIL LETTER Meeting of: December 14. 1998 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER APPROVAL NO: 4 Fire ITEM: Approval of Rental Housing License BY: C harlie Kew att BY: Applications NO: ~ ,~ ~ DATE: November 24, 1998 DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. COUNCIL ACTION: To: Walt Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 11/24/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: March 1998 Permit # Occupany I.D. Property Owner Name Property Address 30032 Tim Chies 940 39th Avenue F2679 30033 Tim Chies 950 39th Avenue F2680 30138 Arnold Elmquist 4927 University Avenue F2699 10000 Greg Heinen 1020 44th Avenue F2689 10504 Carrie Kopacek 4304 5th Street F2690 20140 David Lange 1272 Circle Terrace F2728 30025 Lawerence Miller 3948 5th Street F2718 30029 Robert Prior 631 37th Avenue F2742 Charlie Kewatt, f ff'24/'(99 13:50 Page 1 To: Wait Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 11/24/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: April 1998 Property Address Occupany I.D. Property Owner Name 20010 Vicente Burgos 4636 Washington Street F2754 20022 Elizabeth Eykyn 4610 Washington Street F2820 20359 Avery Fenne 4645 Washington Street F2774 20142 Bette Harlan 5110 Washington Street F2766 20144 Bette Harlan 5146 Washington Street F2766B 20145 Bette Harlan 5200 Washington Street F27666 20212 Jai Ramnarine 4550 7th Street F2787 10010 Larry Wakeman 4147 Wash ington Street F2851 10011 David Wiger 5045 4th Street F2800 12187 Anthony Wilczek 3935 Tyler Street F3234 Permit# 13:24 Page 1 To: Walt Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 11/24/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: May 1998 Property Address Permit # Occupany I.D. Property Owner Name 20120 Kurt Albrecht 679 46th Avenue F3206 30112 Lester Chies 4347 Tyler Place F2827 30113 Donald Chies 4357 Tyler Place F2836 12059 Marietta DeRocker 4207 2nd Street F2840 10070 Lawerence Garner 3740 2nd Street F2866 20085 Lawerence Garner 3712 2nd Street F2867 30074 Edwin Hansen 4534 Madison Street F2847 30117 Hyder Jaweed 4622 Tyler Street F3156 30153 Hyder Jaweed 4616 Tyler Street F3155 30077 Connie Johnson 4550 Madison Street F2923 30115 Douglas Jones 4615 Tyler Street F3161 30079 Nancy Jordan 4557 Madison Street F2822 12032 Peter Kabanuk 1333 Circle Terrace F2832 1 '~,/24,/'~99 13:2,4 Page 1 Columbia Heights Fire Dept Re:Licensing Month: May 1998 Permit # Occupany I.D. Property Owner Name Property Address 12047 Matt Kraft 3830 Reservoir Boulevard F2792 30076 Alois Kroll 4545 Madison Street F2821 12042 Eva Mokhtary 1230 Circle Terrace F2793 12028 Donald Olson 206 42nd Avenue F2872 20384 Theodore Parker 3839 Tyler Street F2837 30118 Lloyd Sathre 4625 Tyler Street F2795 12058 Ronald Schloesser 4217 2nd Street F2848 10077 Michael Shaffer 3717 Polk Street F3039 20047 James Wegman 3959 Reservoir Boulevard F2852 20002 Mark Youngren 3816 3rd Street F2828 Chadie Kewatt, 'F(e Chief - ~ ~J24/~99 ~3.'24 Page 2 To: Wait Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 11/24/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: June 1998 Property Address Occupany I.D. Property Owner Name 20107 Crystal Corporation 1355 Circle Terrace F2960 12199 Steve Bethel 4557 Fillmore Street F2890 12175 Jane Charbonneau 4509 Fillmore Street F2918 30096 Jim Crockett 1000 Peters Place F2948 20334 Donald Findell 4522 Tyler Street F2950 12180 David Fisher 4657 5th Street F3004 20040 Edward Fragale 1300 Circle Terrace F2888 20041 Edward Fragale 1308 Circle Terrace F2935 20043 Edward Fragale 1324 Circle Terrace F2937 30164 Clarence Hanson 4643 Pierce Street F2903 20205 Emily Hebzynski 3746 3rd Street F2894 20064 Kenneth Henke 4415 2-1/2 Street F2928 20066 Kenneth Henke 4433 2-1/2 Street F2929 Permit # 1/24/199 13:25 Page 1 Columbia Heights Fire Dept ReLLicensing Month: June 1998 Permit # Occupany I.D. Property Owner Name Property Address 12139 Thomas Hofich 1243 Circle Terrace F2993 10030 Daniel Iverson 4153 4th Street F2938 30081 Wayne Mecl 3819 Main Street F2913 20414 Duane Narog 1313 Circle Terrace F2881 10080 Vern Nordahl 2106 41 st Avenue F2883 30100 Robert Ostlund 3940 Peters Place F2942 30064 Michael Prokopiuk 3853 Edgemoor Place F2926 20249 Clarence Ranallo 1815 41st Avenue F2886 10082 Frank Rasch 3956 Tyler Street F2954 30043 Paul Yeh 4200 3rd Street F2940 30161 Yong Yi 4546 Tyler Street F3110 Charlie Kewatt, Fire Chief '~ '~ /24/? ~ ~ 3:25 Page 2 To; Wait Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 11/24/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: July 1998 Property Address Occupany I.D. Property Owner Name 12096 Joel Anderson 403 46th Avenue F2965 20013 Marcus Anderson 1132 45th Avenue F2995 12023 Bruce Ballentine 5228 4th Street F5230 20350 Phillip Bamford 3714 Van Buren Street F3102 20032 Sudesh Chhabra 4233 University Avenue F3021 30053 Lester Chies 980 44th Avenue F2997 12103 Gregory Dahl 4433 Main Street F3007 10100 Bruce Ebner 3928 Central Avenue F3014 12202 Edward Gully 1124 45th Avenue F3184 12124 Mike Hozempa 3804 3rd Street F3013 12092 Wayne Laukala 4515 Fillmore Street F3015 20021 Mark Lewis 1 t54 Cheery Lane F2976 12086 Wayne Madson 3813 Pierce Street F2943 Permit # ~ '¢/24/?,.9,.R ~3:25 Page 1 Columbia Heights Fire Dept Rs-Licensing Month: July 1998 Permit # Occupany I.D. Property Owner Name Property Address 20363 Sharon Marz 4143 7th Street F2969 t2085 Patrick Masloski 3728 Pierce Street F3133 20280 Dale Melberg 3719 Pierce Street F3018 20061 Alexander Moseychuk 5043 Jackson Street F2998 20381 Gary Peterson 3713 Buchanan Street F3027 12098 John Pham 1709 37th Avenue F3149 12183 Thomas Piersak 5027 Jackson Street F3032 12181 Terry Roy 4211 Jackson Street F3036 20247 Nelia Schaff 4228 Madison Street F3012 20282 Willam Shutte 3731 Pierce Street F3008 20283 Willam Shutte 3801 Pierce Street F3009 34008 Jerome Thompson 1341 42nd Avenue F3019 10057 Larry Truehart 4156 Central Avenue F3179 20090 Robert Velst 5019 Jackson Street F2893 20233 Frank Wagamon 5055 Jackson Street F2898 Charlie Kewatt, Fire Chief 13:25 Page 2 To; Wait Fehst, City Manager From: Charlie Kewatt Re: Rental Housing Licenses Date: 11/24/1998 Date of Council Approval: Date Printed: Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing IV]onth: August 1998 Property Owner Name O¢cupany I.D. 10500 Anoka County Community Action 4349 5th Street F2983 10503 Anoka County Community Action 4411 Main Street F3195 20500 Anoka County Community Action 4641 Polk Street F3196 12164 Gary Anderson 4630 Taylor Street F3048 20327 Myron Ashton 4651 Taylor Street F3054 34012 Alan Avery 4201 Monroe Street F3145 12119 Willam Dankel 660 47-1/2 Avenue F3125 20014 William Dankel 666 47-1/2 Avenue F3124 20015 James Dickinson 1725 37th Avenue F3065 20377 James Egge 943 42nd Avenue F3058 12122 Christine Fagnan 4602 Johnson Street F3059 12007 Bruce Fischbach 4212 Washington Street F3119 12111 Kenneth Frenette 4616 Taylor Street F3078 Property Address Permit # ? f/24/799 13:28 Page 1 Columbia Heights Fire Dept R6-Licensing Month: August 1998 Property Address Permit # Occupany I.D. Property Owner Name 12072 Michael Graves 1256 Circle Terrace F3051 20175 Gerald Grote 4144 Quincy Street F3144 12123 Stephen Hague 4110 Madison Street F3052 12172 Vincent Hanson 4619 Taylor Street F3288 20024 Jay Harris 1065 Polk Place F3091 12075 David Holton 654 47-1/2 Avenue F3061 20299 Gerald Johnson 4655 Polk Street F3181 12120 Robert Koponen 1035 Polk Place F3072 20238 Robert Koponen 3930 Johnson Street F3072A 12161 Dorothy Langie 4527 Taylor Street F3095 20315 Larry Larson 1087 Polk Circle F3098 30131 Leo Lemke 4643 University Avenue F3045 30132 Leo Lemke 4649 University Avenue F3045A 20100 John Majewski 3825 Johnson Street F3083 20027 Joesph McGregor 1222 45-1/2 Avenue F3068 12050 Kathleen Mills 1129 Cheery Lane F3079 12157 Helen Newman 4618 Polk Street F3093 12118 Janet Nielsen 650 47-1/2 Avenue F3082 1/24/199 13:28 Page 2 Columbia Heights Fire Dept R(~-Licensing Month: August 1998 Property Address Permit # Occupany I.D. Property Owner Name '12165 John Ranweiler 4648 Taylor Street F3042 2024'1 Mahmoud Rifai 3985 Johnson Street F3142 203'18 Mahmoud Rifai '1069 Polk Place F3143 '12125 Loretta Robertson 4022 Madison Street F3106 '12'115 Linda Rogers '1057 Polk Place F3037 12149 Billy Teat 1081 Polk Circle F3074 20324 Steven Thoreson 4613 Taylor Street F3081 10043 Bernard Ubl 3707 Johnson Street F3076 20072 Stanley Van Blaricom 4513 Taylor Street F3063 20073 Stanley Van Blaricom 4529 Taylor Street F3064 20243 Anthony Wojciak 4628 Johnson Street F3060 Charlie Kewatt, Ftre Chief 13:28 Page 3 To; Wait Fehst, City Manager From: Charlie Kewatt Date of Council Approval: Re: Rental Housing Licenses Date Printed: Date: 11/24/1998 Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: September 1998 Permit # Occupany I.D. Property Owner Name Property Address 20120 Kurt Albrecht 679 46th Avenue F3206 12131 Judith Brunsell 1401 42-1/2 Avenue F3111 10041 Michael Doody 3963 Jackson Street F3122 20000 Karen Frauly 4622 Johnson Street F3097 20001 Karen Frauly 4636 Johnson Street F3 12090 Gary George 950 44-1/2 Avenue F3219 12133 Roger Gillespie 1010 42nd Avenue 3t 32 10086 Richard Gripentrog 1816 44th Avenue F3201 20300 Thomas Gromek 4340 Quincy Street F3159 10068 Kenneth Hafner 4038 7th Street F3130 20201 Dolores Jefferies 4641 4th Street F3185 20258 Willam Lucking 1027 43-1/2 Avenue F3136 12132 Jamal Malik 4600 4th Street F3138 'f 'f/24/'t99 13:26 Page 1 Columbia Heights Fire Dept R6-Licensing Month: September 1998 Occupany I.D. Property Owner Name Property Address Permit # 12130 Duncan McClellan 4422 Monroe Street F3140 20108 Richard Meissner 1348 44-1/2 Avenue F3216 20260 Mildred Ness 1110 43-1/2 Avenue F3128 10022 Jean Nixon 4208 Madison Street F3118 12136 Patsy Sandsness 1214 43-1/2 Avenue F3139 12173 Martin Sieger 1237 43-1/2 Avenue F3173 10053 Gary Skalicky 4220 Quincy Street F3129 12137 Dwight Sonnenberg 1111 42-1/2 Avenue F3112 12034 Jean Thorp 4641 Washington Street F3186 10091 Robert Zschokke 5101 7th Street F5101 Charlie Kewatt, Fire Chief 1/24/199 13:28 Page 2 To: Walt Fehst, City Manager From: Charlie Kewatt Re: Rental Housing Licenses Date: 11/24/1998 Date of Council Approval: Date Printed: Date Sent: The owners of the following rental properties have complied with the re-licensing and/or licensing requirements of the City of Columbia Heights Housing Maintenance Code. I am requesting that they be placed on the next council agenda for approval. Columbia Heights Fire Dept Re-Licensing Month: October 1998 Occupany I.D, Property Owner Name 30078 Obert Anundson 4556 Madison Street F3165 20025 Clifford Boyum 4855 5th Street F3237 20111 Clifford Boyum 4028 Cleveland Street F3249 12029 Kathryn Carstensen 4048 Madison Street F3251 30058 Nedzad Ceric 600 51st Avenue F3246 12076 Thomas Deggendorf 1204 Cheery Lane F3204 12203 James Graham 4409 Monroe Street F3245 10035 Gina Kilgore 4753 Upland Crest F3262 10050 Gina Kilgore 4542 Heights Drive F3263 12163 John Lonsky 4209 Washington Street F3197 20034 Joe Maciaszek 4401 Jackson Street F3241 20035 Joe Maciaszek 4407 Jackson Street F3240 20039 Joe Maciaszek 4404 Van Buren Street F3238 Property Address Permit # '( ~/24/'~,,9,¢ '~ 3:2~ Page I Columbia Heights Fire Dept R~-Licensing Month: October 1998 Property Address Permit # Occupany I.D. Property Owner Name 12140 Thomas McQuarry 609 51st Avenue F3318 20187 John Miller 5000 4th Street F3199 12147 Kathryn Morales 673 51st Avenue F3207 10028 Lawrence Nelson 3806 Lincoln Street F3178 12170 Robert Ness 3935 Ulysses Street F3213 20128 Scott O'Donnelt 621 51st Avenue F3257 20125 Karen Pelak 561 51st Avenue F3200 20054 Michael Sellin 1203 Cheery Lane F3244 20138 Dan Stimac 804 51st Avenue F3180 12153 Albert Urspringer 3719 Hayes Street F3163 12186 Weston Wiggins 4144 Madison Street F3248 Charlie Kewatt, f ?/24/?99 f3:2~ Page 2 TO CITY COUNCIL DECEMBER 14, 1998 1999 BUSINESS LICENSE AGENDA APPROVED BY POLICE DEPARTMENT OFF SALE BEER *Samir Botros dlb/a Heights Grocery *Barbara J. Carroll d/b/a Dick's Bar *Jeffrey D. Bahe dlb/a Autoworld *Holiday Station Stores *Fleming Companies d/b/a Rainbow Foods *Sikandar Akhtar Dar dlb/a Totem Superette *Ronald S. Karon d/b/a Tycoon Tavern *Michael E. Mittleman d/b/a Superamerica *Kevin C. Gelston d/b/a Food-N-Fuel *Thao Yang d/b/a Best Market *8adiq Punjani dlbla Hot Market LOCATED AT 501 N.E. 40th Avenue 547 N.E. 40th Avenue 3701 Central Avenue 4259 Central Avenue 4300 Central Avenue 4635 Central Avenue 4952 Central Avenue 5000 Central Avenue 4001 University Avenue 4901 University Avenue 5011 University Avenue FEES $100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 POLICE DEPARTMENT SALE BEER *Barbara J. Carroll d/bla Dick's Bar *Andy Jang dtb/a Jang Won Restaurant *Ronatd S. Karon d/b/a Tycoon Tavern 547 N.E. 40th Avenue 4920 Central Avenue 4952 Central Avenue 3100.00 100.00 100.00 POLICE DEPARTMENT CIGARETTE/TOBACCO SALES James Sarna d/b/a Sarna's Tobacco Depot *Samir Botros d/b/a Heighs Grocery *Jeffrey D. Bahe d/b/a Autoworld *Salim Ali d/b/a Hot Deals *Kenneth J. Steles d/b/a KJ's Caf~ & Bar *Richard E. Stroncek dlb/a Stroncek Drug *Holiday Station Stores *Fleming Companies d/bla Rainbow Walgreen Companies *Totem Superette *Michael E. Mittleman d/b/a Superamerica *Jamal Malik dlbta Maiik's Petroleum *Kevin C. Gelston d/b/a Food-N-Fuel *Thao Yang d/b/a Best Market *Sadiz Punjani d/bta Hot Market *University Union 76 2325 N.E. 37th Avenue 501 N.E. 40th Avenue 3701 Central Avenue 3952 Central Avenue 4005 Central Avenue 4027 Central Avenue 4259 Central Avenue 4300 Central Avenue 4350 Central Avenue 4635 Central Avenue 5000 Central Avenue 3955 University Avenue 4001 University Avenue 4901 University Avenue 5011 University Avenue 5257 University Avenue 3100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 100.00 APPROVED BY BUILDING OFFICIAL CONTRACTORS *R. A. W. Remodeling *Ray Anderson & Sons Co., Inc. *Arrow Sign & Awning *AWD Coolers Barkley Construction *Berwald Roofing *Bissonett Construction *Blaine Heating and Air Centraire Heating *Del Mar Furnace Exchange Bill Fignar Plumbing *Fireside Corner *Gresser Concrete Grussing Roofing *S.M. Hedler Plumbing *Home Energy Center *Lakeland N. Heating & Air *Randy Lane & Sons Piing. *LeRoux Excavating *Thomas Letness/David Holmgren *Lund Martin Construction Maple Grove Heating and Air *McPhillips Bros Roofing *Merit Siding, Inc. *Minnegasco *Minnesota Conway Fire & Safety *Modern Roadways *NRP Contractors LLO *Olson & Sons Construction Pratical Systems LLO Ron's Mechanical, Inc. *Kevin Scheelk Construction *SignArt Company, Inc. Southside Plumbing *Suburban Lighting *Superior Contractors *Thermex Corporation United Water and Sewer *D.F. Vizecky Co., Inc. *Vogt Heating and Air *Watson-Forsberg Co. Yale, Inc. ADDRESS 7808 Aster Drive 930 Duluth St. 13735 Aberdeen St. N.E. 2415 Annapolis Ln. N. 111 N.E. 24th Avenue 2440 N. Charles St. 9100 W. Bloomington Frwy. 13562 Central Ave. 7402 Washington Ave. 4120- 83''~ Avenue N. 2844 Johnson St. 2700 N. Fairview Avenue 1771 Yankee Doodle Rd. 4305 Shady Oak Rd. 2519 - 4th Street N.E. 15200 - 25th Avenue N. 16041 Kangaroo St. N.W. t501 W. Broadway 2104- 64th Street 3951 Central Avenue 3023 Randolph St. N.E. 401 County Rd. 81 2590 Centennial Drive 508 N.E. 40th Avenue 700 W. Linden Avenue 4565 West 77t" St. 1620 Winnetka Ave. N. 1402 E. Schaaf Rd., Cleveland, Oh. 2549- 133'd Ln. N.W. 14226 Norden Dr. 12010 Old Brick Yd. Rd. 1001 S. 2"~ St. 2170 Dodd Rd. 509- 1't Ave. N.E. 6077 Lake Etmo Ave. N. 8121 - 42"d Avenue N. 3529 Raleigh Ave. S. 11666 Wayzata Blvd. 323 W. 48t~ St. 3260 Gorham Avenue 1433 Utica Ave. S. 9649 Girard Ave. S. Page 2 FEES 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 Pa§e 3 ASST. CITY ENGINEER COURTESY BENCHES *U.S. Bench Corporation 22 various locations within the City 550.00 APPROVED BY POLICE DEPARTMENT GAMES OF SKILL *American Amusement Arcades *American Amusement Arcades *American Amusement Arcades *American Amusement Arcades *David L. Wagner dlb/a Jimmy's Pro Billiards *Metro Coin Company Pinball Plus *Metro Coin Company *Jubilee Music Company *Metro Coin Company LOCATION 2101 N.E. 37th Avenue 3919 Central Avenue 4005 Central Avenue 4040 Central Avenue 4040 Central Avenue 4300 Central Avenue 4315 Central Avenue 4747 Central Avenue 4952 Central Avenue 5025 Central Aver~ue FEES 8300.00 300.00 400.00 400.00 1500.00 50.00 $ 50.00 50.00 200.00 50.00 FIRE DEPARTMENT L.P. GAS DISPENSING DEVICES *Jeffrey O. Bahe d/bla Autoworld *Columbia Heights Rental 3701 Central Avenue 3901 Central Avenue 50.00 50.00 FIRE DEPARTMENT MOTOR VEHICLE FUEL DISPENSING DEVICES *Jeffrey D. Bahe d/b/a Autoworld *Holiday Station Stores *Superamerica *Malik's Petroleum *Avanti Petroleum dlb/a Food-N-Fuel *Emersons Automotive *University Auto Service 3701 Central Avenue 4259 Central Avenue 5000 Central Avenue 3955 University Avenue 4001 University Avenue 4457 University Avenue 5257 University Avenue 160.00 t80.00 140.00 100.00 200.00 100.00 100.00 POLICE DEPARTMENT CLUB ON SALE LIQUOR WITH SUNDAY SALES *Columbia Heights V.F.W. Post #230 *Columbia Heights Lions Club 4446 Central Avenue 530 Mill Street 8300.00 REQUEST FEES BE WAIVED POLICE DEPARTMENT ON SALE LIMITED LIQUOR WITH SUNDAY SALES *Mr. Steak of Columbia Heights 4545 Central Avenue Page 4 85600.00 POLICE DEPARTMENT ON SALE LIQUOR WITH SUNDAY SALES *Mady's Bowl and Lounge *K J's Caf~ and Sports Bar *LaCasita Restaurant *BW-3 Grill and Bar, Inc. 3919 Central Avenue 4005 Central Avenue 5085 Central Avenue 4811 Central Avenue 86500.00 6500.00 6500.00 6500.00 ON SALE WINE LICENSE POLICE DEPARTMENT *Jang Won, Inc. 4920 Central Avenue 82000.00 POLICE DEPARTMENT POLICE DEPARTMENT MASSAGE THERAPY BUSINESS *Lynette S. Linder d/b/a Integrated Therapy Ctr. MASSAGE THERAPIST *Lynette S. Linder *Mary K. Moline 3989 Central Ave., S575 3989 Central Ave., S 575 3989 Central Ave., S. 575 8500.00 8100.00 100.00 POLICE DEPARTMENT POLICE DEPARTMENT MOTOR VEHICLE RENTAL BUSINESS *Columbia Heights Rental *30 Minute Muffler MOTOR VEHICLE SALES *First Community Credit Union *Thirty Minute Muffler 3901 Central Avenue 5101 University Avenue 843 N.E. 40t~ Avenue 5101 University Avenue 50.00 50.00 8200.00 200.00 FIRE AND BUILDING, POLICE DEPARTMENT POOL/BILLIARD HALL *David Lee Wagner d/bla Jimmy's Pro Billiards 4040 Central Avenue Paqe 5 $100.00 POLICE DEPARTMENT, FIRE & BLDG. OFF. SECONDHAND DEALER/MERCHANT *Nash Sales, Inc. d/bta Unique Thrift Store *Salvation Army ARC *William Fraser d/b/a TVI, Jnc.d/bta Savers 2201 N.E. 37t" Avenue 3929 Central Avenue 4849 Central Avenue $100.00 100.00 100.00 PUBLIC WORKS TREE CONTRACTOR SERVICES *Reliable Tree Service, Inc. 6600 Brookview Drive 50.00 POLICE DEPARTMENT TAXICAB DRIVERS *Michael Dennis Mealey *Burnell Edward Beerman *Geronimo Papa Bryant *George Howard Hoskins *Burdette Theodore House *John Douglas Kuntz *Clifford Piper, Jr. *Paul Morris Teague 2404 N. Sheridan Ave. 1240 Virginia St. N. 1651 Constance Blvd. N.E. 2404 Sheridan Ave. N. 2404 Sheridan Ave. N. 12834 Tyler St. 117- 116t" Avenue N.E. 115 - 2"" Ave. S. 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 POLICE DEPARTMENT TAXICAB VEHICLES *Michael Dennis Mealey *Suburban Taxi Corporation 1 taxi vehicle #110 9 taxi vehicles $ 75.00 675.00 CITY COUNCIL LETTER Meeting of: Meeting of: December 14. 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO:--Z~ CONSENT AGENDA CITY MANAGER' S APPROVAL/~// ~ ITEM: OR R -B IC TI ,R NO: "~ On September 30, 1997, City staff received notice from Meredith Cable that they would be adjusting equipment rates as well as rates for both Basic and Preferred Service levels beginning January !, 1998. For 1998, the company elected to utilize the FCC 1240 Form instead of the 1210 Forms which have been utilized in the past. By using the 1240 Form, the Company is limited to one increase per year, as opposed to the quarterly increase allowed when using the 1210 Form. The company implemented the rates effective January !,1998, subject to rollback and refunds if the franchising authority (City) finds that the rates are not within the FCC's standards. Staff, the Cable Attorney, and a Certified Public Accountant have reviewed the FCC forms 1240 and 1210 submitted by Meredith Cable, and have found that the rates being charged are acceptable. Such rates are: Monthly Equipment Rates Prior to Effective 1-1-98 1-1-98 Converters Remote Control Units Cable Care (per outlet) $2.10 $2.15 $ .25 $ .27 $ .44 $ .5o Monthly Rates for Basic and Other Franchise Fees Maximum Company Permissible Proposed Prior to Effective Effective 1-1-98 1-1-98 1-1-98 Basic Service $8.09 $10.93 $8.33 PEG Fee $2.07 $ 2.03 $2.03 However, the 1998 rates were adjusted according to projected costs. The 1998 rate filing was based on Charter Communication's programming choices and costs, as Charter was expected to be the owner of the system in 1998. These programming assumptions and related costs were COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: Meeting of: December 14. 1998 AGENDA SECTION: ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: ADOPTING ORDERS-BASIC TIER RATES AND BY: LINDA MAGEE BY: EQUIPMENT R3tTES DATE: 12-3-98 DATE: NO: Page 2 incorrect once the Charter acquisition was canceled. MediaOne's actual programming choices and costs are different and likely lower. An amended 1998 rate filing was not filed by MediaOne. It is MediaOne's position that the 1999 rate filing is the appropriate mechanism to amend the incorrect 1998 filing. At their meeting of November 19, 1998, the Columbia Heights Telecommunications Commission passed a motion recommending the City Council pass the Order Regarding the Review of Form 1240 (Basic Tier Rates) and the Order Regarding the Review of Form 1205 (Equipment Rates). Passage of the Order Regarding the Review of Form 1240 (Basic Tier Rates) would result in the City not accepting the Company's FCC Form 1240 filing for 1998, requiring no adjustment to 1998 rates or refunds, and allowing the City to reconsider this action upon review of the company's form 1240 filing for 1999. Passage of the Order Regarding the Review of Form 1205 (Equipment Rates) would result in the City accepting the Company's FCC Form 1205 filing for 1998. RECOMMENDED MOTION: Move to waive the reading of the orders, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the Order Regarding the Review of Form 1240 (Basic Tier Rates),Submitted by MediaOne and the Order Regarding the Review of Form 1205 (Equipment Rates) Submitted by Media One. COUNCIL ACTION: Sent by: BERNICK LIFSON P.A. 6t2 546 1003; 11/20/98 2:53PM;]etFex #297;Page 2/7 MEMORANDUM TO: MEDIAONE~EREDITH CLIENTS FROM: THOMAS D. CREIGHTON ROBERT J,V. VOSE RE: RATE ISSUES DATE: NOVEMBER 13, 1998 McdiaOne, Inc. (formerly Meredith Cable; hereinafter "MediaOne") elected to switch rate filing methodologies with respect to its rates effective in 1998. On or about September 30, 1997, MediaOne filed a Form 1240 "annual filing" form with the various local authorities This filing methodology required MediaOne to calculate its 1998 rates based on certain projections including expected programming costs. Thereafter, in the subsequent i 999 rate filing, MediaOne is required to '"true up" the 1998 projections, cost assumptions and resultant rates and make corresponding rates changes to account for an)' discrepancies or miscalculations. Because this annual rate filing methodology constituted a significant change, and because the various franchising authorities served by MediaOne had not reviewed certain related issues such as the "revenue neuWal" shift or franchise fee calculations, an accountant (Lou Karrison of Crowe Chizek and Company LLP) was retained to review these issues. The accountant was provided with a sample of the filings received.by the systems served by McdiaOne and represented by Bemick and Lifson. MediaOne was advised that the franchising authorities would be using an accountant and that additional information regarding the filings would be requested and must be provided. The accountant requested additional information on two occasions. Responses and partial responses were provided over a period of many months. Finalization of the accotmtant's report has been delayed by this process. Sent by: BERNTCK L[FSON P.A. 612 546 1003; 11/20/98 2:53PM;]e/Fex #297;Page 3/7 On or about October 13, 1998, the accountant provided a draft reporl for review by Bemick and Lifson. The draft report contained certain negative conclusions regarding MediaOne's rate calculations and related matters. On October 23, 1998, we prepared a draft memorandum and recommendations. We provided this draft memo to MediaOne to encourage the submission of additional information prior to finalizing our recommendations. On November 9, 1998, MediaOne provided additional information, some of which had not previously been submined [o the accountant. We received the accoumanl's final report, which did not incorporate the ne~v information provided by MediaOne, on November 12, 1998. Attached is a copy of the information most recently supplied by MediaOne and the accountant's repor~ regarding these issues. This Memorandum summarizes the information and provides recommendations regarding the issues raised. Prior to submitting the 1998 rate filing, MediaOne had executed a purchase agreement with Charier Communications ("Char~er") to sell the former Meredith systems and certain other systems. Subsequent to filing for the 1998 rates, MediaOne successfully canceled its agreement with Charter and retained the systems. Because Charter was expected to be the owner of thc systems by 1998, the 1998 rate filing was based on Char~er programming choices and costs. Of course, these programming assumptions and related costs were incorrect once the Charter acquisition was canceled. MediaOne's actual programming choices and costs are different and likely lower. MediaOne did not amend its 1998 rate filing based on this significan! change in corporate organization nor initially provided a rationale for failing to do. To complicate rnat~ers further, MediaOne indicated in response to the accountant's requesls that Charter's programming contracts (reflecting programming costs) are not available to MediaOne and therefore could not be provided to justify the programming cost projections made in the ! 998 rate filings. MediaOne indicated that certain other requested information was not available for the same In the mos[ recent information provided, MediaOne explains that its ] 999 filing is ~he appropriate vehicle to "amend" the incorrect 199g filing and represented that the 1999 filing corrects for any overcharges and interest. For~ 1240- Basic Tier Rat¢~ MediaOne agreed to allow the accountant m review its programming contracts for the initial "true tip" period reflected on the Form 1240 (periods prior to 1998) but only ifa confidentiality agreement was signed and only at the MediaOne's Roseviile office. MediaOne indicated that programming contracts to justify the projected period rotes (Jan. 1, 1998 to Dec. 31. 1998) could or would not b¢ provided under any circumstances. Because review of the projected period programming contracts was of primary importance, and because the accountant's travel from Chicago to Roseville would Sent by: BERNICK LIFSON P.A. 612 546 1003; 11/20/98 2:53P~;~tFe~ #297;Page 4/7 have been expensive and unnecessary, no basic tier programming contracts were reviewed. Accordingly, the accountant could not verify the propriely of the Form 1240 basic tier rates. MediaOne representatives have repeatedly acknowledged that the 199g rat~s filings were based on faulty assumptions due to cancellation of the Char~er acquisition, In thc most recent information McdiaOne provides figures that demonstrate tha~ thc Charter projected Basic tier programming costs exceed the actual M~diaOne programming costs by approximately $.08 del~nding on the system. In addition. MediaOne indicates that the projected combined Basic./expandcd basic tier (hereinafter "CPST") programming costs exceed actua] costs by $.g3 depending on the system (meaning the projected CPST programming costs not under loeml jurisdiction were f~r more inaccurate than the Basic costs), There is no dispute that had the filing been based on MediaOne projections, the permitted rates as reflected in the 1998 filing would have been lower. However, MediaOne representatives have also indicated that the rates llitgLg~qlt_~g~ are below the permitted rate generated by the incorrect 1998 filings by as much as $2,00 MediaOne indicated that the difference between the ach.uti rate charged and the admittedly incorrect permitted tale, referred to by MediaOne as "headroom", more than offsets any discrepancy. Subsequently, MediaOnc has provided a specific breakdown of the actual and permitted charges fi-om the 1998 filings. MediaOne left "headroom" of between $1.26 and $1.93 which exceeds the difference in combined programming fees ($.83) by between $.43 and $1.10. In other words, the "headroom" more than offsets the overstatement of combined programming costs in the incorrect 1998 filing. Of course, it was not possible to analyze the "headroom" provided on Re Basic tier alone because of the revenue neutral shift discussed below. However. it is clear that the Basic programming costs were overstated only slightly in the 1998 filing and the combined actual charges were well below permitted. Further, the actual Basic charges were between $2.60 and $3.80 below the permitxed charges. Finally, as discussed above, MediaOne was obligated to correct any discrepancies caused by use of Charter projections in the 1999 filings which have now been submitted to the local authorities. The local authorities may verify the accuracy of the "true up" of these filings. In the event the correction or tree up does not adequately account for errors in thc 1998 filing, the appropriate remedy would be to deny the 1999 filing and order refunds based on any overcharges. Recommendation We recommend that the local authorities not accept the 1998 Form 1240 filing regarding the maximum permitted rate subject :o verification of"tme up" of the 1998 filing in thc 1999 filing. Form t205- Eq_uipment Rates MediaOne refused to p~ovide certain re. quested ~ax information necessary to verify the amount of the hourly service charge ("HSC"). The HSC is a fundamental component of the equipment rates. Sent by: BERN[CK L[FSON P.A. 612 546 1003; tl/20/98 2:54PM;]~a~_~_#297;Page 5/7 In addition, the accountant discovered what appeared to be an inconsistency in the costs for · installation ora pre-wired home. MediaOne [epor~ed time for burial of drops at pre-wired homes which appeared ;o the accountant to be nonsensical. Average inslallation time is a fundamental component of installation rates. Based on these concerns the accountant concluded that the equipment and installation rates were likely oversta~ed in Form 1205. TM accountant could not recalculate the exact correct amounts based on the information provided. Subsequently, MediaOne provided additional information acknowledging that the tax rates used to calculate capital costs, which was not provided,could impact equipment rates. However, MediaOne demonstrated that it hacl again left "headroom" in the equipment hues charged. MediaOne also provided figures indicating that even if it were not taxed (and therefore had no tax related cost to include in the equipment rate calculation), the actual equipment tale charged in 1998 was tess than the I~rmitted equipment rate as adjusted to retie, ct a 0% tax rate. Collectively, this information demonstrates that the equipment rate "h~adroom" more than offsets any over-calculation in the permitted equipment rates based on the tax information which was not provided. Further, MediaOne explained that in roughly I out of 3 cases, a drop bm'iai must be performed for pre-wired installs. This is based on cases where a home has been wired hy the developer but has not previously hooked up 1o cable, cases where the customer requests a relocation of the drop, or the drop must be replaced. This projection has been used in prior equipment rates filings, has been previously accepted by the local authorities and appears reasonable based on our experience. Another approach would be for MediaOne To segregate install charges for pre-wired homes between those requiring drop burial and those that do not, rather than averaging such costs over all pre-wired home installs. The accountant did not identify any requirement to segregate install charges in this fashion and we are not aware of such requirement. The difference in rates were such a distinction made would be de minimis. Recommendation We recommend that the local authorities accept the ! 998 Form 1205 filing. Revenue Neutral Shj~ A number of years ago, MediaOne moved channels from CPST to the Basic tier. The applicable FCC rate rules indicated that this channel migration would significantly increase basic rates and decrease CPST rates. InsteM, MediaOne shifted the permitted Basic tier rate increase to the CPST in order to keep Basic rates Iow. This rate shift was consented to by the local authorities and has been carried forward in subsequent filings. Subsequently, the FCC reviewed this issue and ordered MediaOne to reverse the shift and change both basic and CPST rates. Oddly, the FCC indicated that such shifts are not permit'ted by the rules Sent by: BERNZCK LZFSON P.A. 612 546 1003; 11/20/98 2:54PM;]C..f~_~#297;Page 6/7 although thc FCC itself has entered into Social Contracts with identical provisions. The net affect of this decision would be to require a substantial Basic tier increase that would harm Basic only subscribers. The local authorities and MediaOne have cooperatively petitioned the FCC to reconsider thc decision in light of thc local authorities' consent to the shift and the harm that would result thc FCC's decision. The FCC has not yet acted on this request. The rate shift was consented to by the local authorities with the express requirement that such shift be "revenue neutral". This requirement prevents the company from increasing the CPST rates to produce more total revenues than could have been received via the rate modifications permitted by applicable rate rules. The accountant was asked to review MediaOne's shill of permitted basic tier increases to the CPST to ensure that additional revenues have not been produced. MediaOne refused to provide necessary information requested by the accountant including programming contracts for the Basic tier or CPST. MediaOne provided total programming f~s/costs by tier, not individually. Without such information has been impossible for the accounuant to de,ermine what rates were permitted for both the Basic tier and CPST or the total amount of revenue which would have been produced. Accordingly, the accountant could not verify whether the shift has been accomplished in a revenue neutral fashion. Subsequently, MediaOne has indicated that it will provide programming fees/costs by service to Bernick and Lifson on a confidential basis. In addition, MediaOne has committed to meeting with us as needed to verify the revenue neutral shift. However, MediaOne also indicated that it has eliminated the revenue neutral shift in ils 1999 rate filing based on the FCC decision. In order to avoid a substantial Basic tier rate increase, MediaOne has indicated that a number of charmcls will be migrated from the Basic tier to the CPST. Recommendation Consideration and action on this issue is not directly tied to the review of the 1998 rates. We recommend further inquiry by staff. F_ranchise Fees The accountant reviewed McdiaOne's calculations of gross revenues to determine whether the franchise fe~s paid to the local authorities wcrc correct. The accountant noted that an item identified as "collect revenues" was not included in the calculation of gross revenues and accordingly no franchise fccs were paid on these revenues. There is no exclusion in the applicable franchises for "collect revenues". MediaOne representatives have indicated that such r~venues were related to a charge for collection efforts on delinquent accounts but that such charge was discontinued in 1997. Most recently, MediaOn¢ indicalcs that this issue was resolved a number of years ago when the local authorities Sent by: BERN[CK L[FSON P.A. 612 546 1003; 11/20/98 2:54PM;]etFe~ #297;Page 7/7 audited gross revenues and discovered overpayments of franchise fees based on inclusion of sales tax in gross revenues. MediaOne requests a meeting with s~affto resolve the issue. Recommendation Consideration and action on this issue is not directly tied to the review of the 199g rates. We recommend further inquiry by staff. MedMOne 934 Woodhill Drive Roseville, MN 55 t 13 Customer Service Admzmstration 6ZZ 453 323.~ FAX 612 483.9~84 November 9, 1998 Mr. Robert J. Vose Mr. Thomas D. Creighton Bernick & Lifson 5500 Wayzata Blvd. The Colonnade, Ste. 1200 Minneapolis, MN 55416 UediaOne This i~ Broadband. Thi~ i~ the wa-,'. RE: RATE ISSUES Dear Gentlemen: I am in receipt of your draft memorandum of October 23, 1998. The following are responses to items or issues brought up by the memorandum: Background [Please provide the rationale, including applicable FCC authority, regarding whether MediaOne was obligated to file an amended 1240 upon successful cancellation of the sale to Charter Communications.] Tbe 1240 form that MediaOne is utilizing is unlike the previous Fear's 1210 forms in that the 1240 requires a true up of prior period relative to programming fees, subscribers, revenue received, etc.. As a result of this, and the fact that the 1240 fo~m accounts for interest relating to under or over charges, the 1240 form_filed for 1999 is the correct manner to "amend" the 1998 1240 forrrr Form 1240 - Basic Tier Rates [Please provide information indicating the amount of difference in rates between the MediaOne rate filing which would have been made by MediaOne for 1998 and the actual 1998 filing to allow verification that the difference is less than above.] Attached please find a chart, that among other things, lists out programming fees for the Basic Service Level (BST), Preferred Tier Service Level (CPST) and Going Forward (services that are part of the CPST tier that are additional channels added under the going forward rules) for 199 7 (actual MediaOne fees), Pro[ected Period 1998 (Charter fees), Actual Period 1998 (the MediaOne actual program fees for 1998), and the 1999 Projected Period Fees. 2 o1'4 11/09/98 You will note that, in every franchise area's case, the 1998 MediaOne vrofframmin~ fees were less than those fees projected by Charter for 1998 (roughly $0.83 in total). However, and as pointed out to you in prior discussions, and in the rate notificaffons served on the cable commissions for 1998, in every instance the company did not take the full amount of rate increase allowed by the 1240 form for 1998. The company, in effect, left mone~ on the table during 1998, from $1.26 (in the case of the North Suburbs) to $1.93 (in the case of the CiO; of Coon Rapids). The amount actually charged bt; the company, as well as the Maximum Permitted Rate (MPR) allowed by the 1240 form calculations, along with the variance (Head Room) is also included on the attached chart. In every instance the headroom far exceeds the difference in pro~rammin£ fees (from $0.43 to $1.10 more). Form 1205 - Equipment Rates [We need explanation for the inclusion of drop burial costs in pre-wired home installs. We will expect clarification of whether such costs have been so allocated in prior 1205 filings and regardless of the answer, a justification for such allocation. In addition, please indicate whether the HSC has changed based on changes in tax rates used to calculate capital costs, in turn used to calculate equipment charges.] I have taken the liberty of including the same sheets provided to Crowe Chizek in response to earlier questions from them. Relating to the question on why there is an inclusion of drop costs in pre-wired homes, I would first like to point out that only 10 minutes of the 60-minute average pre-wired home installation was includect Not every home that has been pre, ired has a drop installed at the time of the prewiring work. Therefore, we conservatively included this 10 minutes as it relates to the I out of 3 ffmes where a pre-wired home is either not already hooked up to cable (as is the case with many newer homes in new developments), where the drop to the home needs to be re-done due to customer desire for different locations, or where the drop needs to be .fixed or corrected due to poor reception, to name a few. The HSC, and associated equipment rates calculated in the 1205 form, do change based on tax rates used to calculate capital costs. Also included on the attached chart is an analysis, which shows that even if our tax rates were 0% all rates that were presented to you would either increase substantially, or in one case, stav the sam~ Revenue Neutral Tier Shift The company previously provided programming fees by tier and wouM be happy to provide it again by service, confidentially. In addition, the Company wouM be happy to share, on a confidential basis, the programming contracts with commission staff that had previously been qffered to rate consultant in our qffices. Vose/C'relghton Ltr. 3 of 4 11/09/98 I&'hile the Company, as a result o_f the recent FCC decision, has eliminated the revenue neutral tier shift, we don't believe it is appropriate_for the commissions to withdraw their support_from this mutually reached implementation Qf the sh~ft. The revenue neutraliW of the tier sh~ft can be verified by the information already, provided. I would also be ve~. happy to meet with anyone the commissions desire, to help them understand how the math for the tier sh~ft works. Franchise Fees I would like to suggest that the company and commission staff get together to review franchise fees for collect revenues. Some of you mag recall that this is an issue that goes back to the franchise fee audit conducted a number of years ago~ and is tied into the company overpaying franchise fees by including franchise fees on sales tax. At the time of this audiL and the franchise fee payment of sales tax being raised by the company, it was decided that subsequent meetings would be held to resolve both issues and come up with a better definition for gross receipts. Perhaps now is a good time to resolve those issues and the company would be happy to meet with the appropriate individuals. I would also like to take this opportunity to inform you that the company, on its own, has made a decision to leave equipment and installation rates at the same level as they were in 1998. This means that we will not be taking the maximum permitted rate allowed by the 1205 forms in 1999. The fact that your rate consultant recommended the commissions take this action had no bearing on our decision, as can be evidenced by the fact that our calculations, even if we reflected that we had zero tax liability, would still allow us to raise the equipment and installation rates. I would be happy to demonstrate this with whomever the commissions or staffwouid like. Should staff of the commissions desire to have an opportunity to review our program fees in confidentiality, I would be happy to coordinate that also. Please feel free to contact with any questions, or for further clarification. Regards, ..~ ,~ ~Ke';in'C//. Griffin Director, Engineering/Operations KCG/grs Enclosures Vose/Creighton Ltr. 4of4 11/09/98 Cc: K. Donnelly-Cohen D. Seykora Average Installation Times Unwired Home Installation Drive ~ime Meet customer, confirm services and TV location Survey install for wire routing Explain wiring routing and cable Installation procedure to the customer Pull parts and equipmem Hang aerial drop and ground install Wire home Hook up TV and VCR Customer orientation Complete paper work and collect COD Total Time Pre-wired Home ln~qtallation Drive time Meet customer, confirm services and TV location Explain installation and droptxn'y procedure tozhe customer Pull parts and equipmem Lay out underground drop and ground install Hook up TV and VCK Customer orientation Complete paper work and collect COD Drop bury (average of 1/3 of the time) Total Time Time 10 rain 5min 5 rain 5 rain 5miu 15 min 15 rain 5 rain 5min 5 min lhr. 15 rain 10rain 5 rain 5 rnin 5min 10rain 5 rain 5 rain 5 rnin 10'rain 60 min Additional Connection Installation at Time of Initial Installation Wire additional outlet Hook up TV and VCK Customer orientation Complete paper work and collect COD Total Time 15 mln 5 rain Smin 5 rain 30 rnin Additional Connection Tn~allation Requiring Separate lns-~mllation Drive time Meet customer, co.Orm services and TV location Explain installation procedure to the customer Pull parts and equipment Wire home Hook up TV and VCR Customer orientation Complete paper work and collect COD Total Time Other Tn~tallations (under,round) Drive time Meet customer, confu-m services and TV location Survey install for wire routing Explain wiring rou'dng and cable Installation p~..edureto the customer Pull pans and equipment Lay out underground drop and ground install Explain drop bury procedure to the customer Hook up TV and VCR Customer orientation Complete paper work and collect COD Drop bury Total Time 10 rain 5 min 5 rnin 5 rain :20 rn]n 5 ruin 5 rn]n 5 rain 60 rain 10 rain 5min 5m'm 5 mln 5m~n 10 rain 5min 5 rain 5 rain 5 45 rain lhr. 45 ]49 3-96 State-by-State Guid~Minnesota 5677 Any refundable or nonrefundable credits are allowed only to a corporation with a Minnesota nexus and must be based on that corporation's expenditures (Minn. Rez. 8019.0300). [.14] Differing accounting periods In preparing a combined report, the income and apportionment factors of all corporations must be determined on the basis of the same accounting period (Minn. Reg. 8019.0300; Instructions for Using the Combined-Income Method of Reporting; see ~ 3220.18 for year of form cited). The common income year to use in the case of a parent-subsidiary relationship is that of the parent or the corporation filing the Minnesota return. If there is no parent corporation, the members may select the accounting period of one of the related corporations. If the parent corporation does not file a Minnesota return, the income and factors of the related corporation required to file a Minnesota return are used (Instructions for Using the Combined-Income Method of Reporting; see ~3220.18 for year of form cited). Once the reporting period is selected, it cannot be changed without the consent of the Commissioner. Taxpayers may elect to use actual fi~ures taken from the books o£ each unitary. member for the months included in the common accountin~ period. Alternatively, income and apportionment factors of members with accountin~ periods different from the common accounting year used in preparing the report may be prorated (Release, Department o£ Revenue. February. 1984, CCH MINN. Sr. TAX REP., ~ 11-504.30). For example, if a parent corporation operates on a calendar-year basis and a subsidiary operates on a fiscal-year basis ending September 30, 9/12 of the subsidiary's unitary income and apportionment factors of one year and 3/12 of the succeeding year must be included in the combined report. If this procedure results in using the income and factors_ of a corporation whose income year has not yet cto.~ed, an estimate based on available information must be made, and the return must be amended at a later date. After the combined unitary income of the related corporations is determined on the basis of the common taxable year, the income is apportioned within and without Minnesota by application of the apportionment formula. The combined Minnesota income is then assiLrned to the individual members By using each corporation's appor- tionment percentage, and each of these individual incomes is then converted to the common accounting period adopted by each corporation. This conversion is made on the basis of the number of months falling within the taxable year of the parent or other common member. For example, if the parent operates on the calendar-year basis and the subsidiary operates on a fiscal-year basis beginning Oct. 1, the parent files a return based on its calendar year but the subsidiary files a return based on the last third of the calendar- year combined income and the first two-thirds of the succeeding calendar year (Release (Minn. Dept. of Rev., February 1984) CCH MINN. ST. TAX REP., [1983~1989 Transfer Binder], ~ 201-394). ¶ 3218 Tax Rate and Credits The tax rate is 9.8% (Minn. Sec. 290.0~5.1). There is no minimum tax, but an alternative minimum tax, payable imposed (see .03, b~tow). Corporations are ~enerally subject to an additional franchise tax based on the sum of .the taxpayer's Minnesota property, payroll, and sales or receipts (Minn. Sec. 290.0922). The following corporations are exempt from the additional tax: (t) corpora- tions exempt from tax under Minn. Sec. 290.05: (2) REITs: (3) RICs; (4) REMICs: (5) town and farmer~' mutual insurance companies; and (6) cooperatives that(a) are organized under Ch. 308A of the Minnesota Statutes, (b) provide housing exclusively to per~on~ who are at least SS, years of a~e, and (c) are classified as home~teads under .Multistate Corporate Income Tax Guide Minnesota ¶ 3218 5678 State-by-State Guide~--Minne$ota }~ 3.~r-, Minn. Sec. 273.124.3. S corporations are also subject to an additional tax. substantially similar to the additional tax generally imposed on corporations. The additional tax is imposed in the following amounts: Sum of property, payroll, and sales or receipts Less than At least $500,000, but less than $1 million At lea.st $1 million, but ]ess than $5 million At least $5 million, but less than $10 million At least $10 million, but less than $20 million $20 million, or more Amount of Tax $ 0 $ 100 $ 300 $1,(XX) $2,000 Credits applicable to the Minnesota corporate franchise tax are as follows: Aircraft maintenance base jobs . .47 Alternative minimum tax credit Designated counties jobs creation credit ..................... 51 [.03] Alternative minimum tax Enterprise zone credits ......... 41 Enterprise zone jobs credit ...... 5.3 Research and development ...... 08 Rural job creation credit ........ 55 The franchise (income) tax includes an alternative tax equal to the excess, if any, of 5.8% of Minnesota alternative minimum taxable income over the corporate tax (Minn. Sec. 290.0921.1). The term "alternative minimum taxable income" means Minnesota net income including the adjustments and tax preference items of IRC Sees. 56--58 and 59(d), (e), (D, and (h) (Minn. Sec. 290.0921.3). The term "alternative minimum taxable net income" means alternative minimum taxable income (1) less an exemption amount of $40,000 reduced, but not below zero. by 25q. of the exces., of alternative minimum taxable income over $150.000. and (2) apportioned or allocated to Minnesota (Minn. Sec. 290.0921.2(b)). The term "Minnesota alternative minimum taxable income" means alternative minimum taxable net income less certain deduc- tions (Minn. Sec. 290.0921.2(e)). The sum of such deductions may not exceed 9()~;, of the alternative minimum taxable net income. For purposes of calculatina the adjustment for adjusted current earninas under IRC Sec. 56(;), the term "alternative minimum taxable income" means alternative minimum taxable income as defined under Minnesota law. without regard to the adjustment for adjusted current earnings contained in IRC Sec. 56(;) (Minn. Sec. 290.0291.3(10)). For purposes of determining the amount of adjusted current earnin~ under IRC Sec. 56(g)(3), no adjustment shall be made with respect to (1) the amount of any foreign dividend irross-up subtracted for Minnesota purposes, (2) the amount of any refunds of income, excise, or franchise taxes subtracted for Minnesota purposes, and (3) the amount of any royalties, fees, or other like income subtracted for Minnesota purposes. The definition of the term "rent." for purposes of the alternative minimum tax. has been held to include all payments required to be made under a lease for the use of property (see Netson's Office Supp{v Stores, Inc. v. Commissioner of Revenue (Minn. SCt 1993), which is discussed at ,q 50,972 [1993---1994 Transfer Binderl ). The alternative mir{imum tax does not apply to insurance companies subject to the premium tax, real estate investment trusts (REITs), or regulated investment companies or a fund thereof (Minn. Sec. 290.0921.3a). in addition, certain cooperatives and REMICs are also exempt from the alternative minimum tax. A corporation may take a credit against the corporate tax for qualified alternative minimum tax previously paid under Minn. Sec. 290.0921 (Minn. Sec. 290.0921): see .a,, beiow, ior a discussion of the crediL ¶ 3218.03 Minnesota =~. Comme,ceCteanng House. Inc. mu~ at~=h to ~ tax rmuma c=opy of its or co~, · time anti mam-~' cd t~G,-~g ttte ¢=3rment. or reljme-a~acfibe~ ~, or (4) ~ny ~ ¢on~a~ of ~~ A ~ ~ B. · ~,~,~ (~ of ~,~5,~) ~ I~ 1~ (a). ~ ~ ~ ~ ~, ~ a ~of~~~ ~ ~ 5% ~ ~ ~ ~(1). ,~ ~~ flg~ ~ ~ ~ ~ ~e ~ofa~~(~~t Butn~ m~r-- Tax~: o~w--. $50,000 I~K, 75,000 $ 7Zd~ + ~ 50,000 100.000 1~,750. ~4% 75.000 335,00~ 22,250 · ~ 10~,000 TemOomry Reir..~tk~ sectk:m 1.448-IT(e) tot 1~20 (~e 1, Part/, Form ~ 120-A). 594 conaists of the sum Of ~a) a pml~l tsx insurance del:m,'lrr~r~ ~ (b) a part~l tax of the life ir~utance ~c~ulmertL Enter the com~ned tax on line :3 of Sc~q4~ule J, Form 1120. Atta~ Form 1120-L u a ac~nedu~e a~:l comora~ was a sham~3~e~ ~ a pu~ve foreign invesa"nent company (PFIC) and received an axc~a~ ff~strtbution or c~isposed of ~_,Jec~_ Jo~ 1291(c)(2) in ~e totaJ for tine 3, to line 3, write 'Se~__'_,~n 1291' and the amount. Do no~ inctuOe o~ line 3 any iater~l due uncier aec~m 1291(c)(3). Instead, amount of intem~ owed i~ t~e botto~ margin of page 1, Form 1120, and write ~ 1291 i~. F~ detaiis, ~ee Fm'm &~21, Return by a Shamhok~r ol · Pasa~ve Foreign FuncL from t~e aa~e of an intangible under t~e re~ted sectJcm 197(l)(9)(B) i~ t~e totaJ fo~ ~ 3. On 197' and ltm amotmL For more ~'dorrna~, ; (Form 1120 Only) To fincl out wCmn a coq:x:wa~:m ca,n tak~ ~,~e credit for paymem of income tax to a foreign country m' U.S. posaessicm, see Fm~n 111[ Foreign Tax Crecl~ns. (Form 1120 Only) Line 443 (Fm"m 1120 Only) otto,- al:~Ci~ n.,fles. Attach a seGm'a.te ~le to ttle return showing tM ~ of t~e QuarEied ~ V~ ~ V~ ~ 179A. Hne 4d, Form 1120 (Line 2a, Form 1120-A) C, ong~te l~ts line If t~e coq:~emt~ can m.l~ Farm ~, Credit tot Emeloyer So¢~ Security and Medicare Taxes Pa~ oa C.,ertam F_~ Corporations. Also ~ee.Form 8827 if ~ of ~ corporlt, Jon'$ tg9~ ~ Iout~ full ctecllt or cluaJtfiecl etectrtc vehicte c~,c~ was cl~towect ~olely becauae.of fl'm tenta~-,~ rnin~um ta~ limitation. See ~ 53(d). BERNICK AND LIFSON RE: NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION REPORT ON AGREED-UPON PROCEDURES CABLE TELEVISION BASIC RATE REGULATION FCC FORM 1240 FILED BY MEREDITH CABLE PROJECTED PERIOD JANUARY 1, 1998 TO DECEMBER 31,1998 CROWE CHIZEK REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON PROCEDURES Mr. Robert J. V. Vose, Esquire Bernick and Lifson Minneapolis, Minnesota Re: Sample FCC Forms Filed with the North Suburban Cable Communications Commission We have performed the procedures enumerated in the accompanying Procedures and Findings section of this report to the FCC Form 1240 (setting rates for Projected Period January 1, 1998 to December 31, 1998), filed by Media One d/b/a Meredith Cable ('2vleredith Cable") with the North Suburban Cable Communications Commission. Such procedures were agreed to by Bernick and Lifson and were performed solely to assist you in your evaluation of the degree of compliance by Meredith Cable in accordance with the instructions and regulations promulgated by the Federal Communications Commission (FCC). This engagement to apply agreed-upon procedures was performed in accordance with the standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of Bemick and Lifson. Consequently, we make no representation regarding the sufficiency of the procedures described in the accompanying Procedures and Findings section of this report either for the purpose for which this report has been requested or for any other purpose. Our procedures and findings are presented in the final section of this report. FCC regulations do not require the underlying assumptions for the projected period to be presented as part of Form 1240. We were not engaged to, and did not, perform an audit or examination, the objectives of which would be the expression of an opinion on any of the amounts or items referred to in this report. Accordingly, we do not express such an opinion or an opinion on whether the underlying assumptions provide a reasonable basis for the presentation. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. Furthermore, there will usually be differences between the projected and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. We have no responsibility to update this report for events and circumstances occurring after the date of this report. This report is intended solely for the use of Bernick and Lifson and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. distribution is not limited. Oak Brook, Illinois October 13, 1998 However, this report is a matter of public record and its Crowe~ Chizek and Company LLP 1 CROWE, CHIZEK AND COMPANY LLP ONE MID AMERICA PLAZA POST OFFICE BOX 3697 OAK BROOK, ILLINOIS 60522-3697 630.574.7878 FAX 630.574.1608 A m~mber of Horwath Int~mationaJ PROCEDURES AND FINDINGS RE: BERNICK AND LIFSON NORTH SI. YBURBAN CABLE COMMUNICATIONS COMMISSION FCC Form 1240 Filed by Meredith Cable Projected Period January 1,1998 to December 31, 1998 Procedures and Findings Background Meredith Cable submitted its Form 1240 (setting rates for Projected Period January 1, 1998 to December 31, 1998) (Form 1240) to the North Suburban Cable Communications Commission. We requested additional information from Meredith Cable in February 1998 and July 1998. Procedures and Findings 1. Read Form 1240 Instructions and applicable FCC Regulations. 2. Compare amounts entered on Form 1240 to supporting information submitted by the cable operator. See Summary section for exceptions noted. 3. Recalculate Estimated Average Subscribership for Projected Period per Tier. No exceptions were noted. 4. Recalcalate amounts entered as the Inflation Factor for True-Up Period 1. No exceptions were noted. 5. Recalculate amounts entered as the Base Rate per Tier. No exceptions were noted. 6. Recalculate amounts entered as the Maximum Permitted Rate for the True-Up Period I and True-Up Period 2 per Tier. See Summary section for exceptions noted. 7. Recalculate amounts entered as the Total True-Up Adjustment and Remaining True-Up Adjustment per Tier. No exceptions were noted. 8. Recalculate amounts entered as the Projected Period Rate Eligible for Inflation and the Maximum Permitted Rate for the Projected Period per Tier. See SununmT section for exceptions noted. 2 RE: BERNICK AND LIFgON NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION FCC Form 1240 Filed by Meredith Cable Projected Period January 1, 1998 to December 31, 1998 Procedures and Findings 9. Recalculate the Average Inflation Factor for True-Up Period 1 in Worksheet 1. No exceptions were noted. 10. Recalculate the Average Period 1 Caps Method Adjustment in Worksheet 2 per Tier. No exceptions were noted. 11. Recalculate the Marked Up External Costs, Total External Costs, and Monthly Subscriber External Costs for Period 1 in Worksheet 7 per Tier. See Summary section for exceptions noted. 12. Recalculate the Average True-Up Rate Charged for Period 1 in Worksheet 8 per Tier. No exceptions were noted. Summary_ Programming Costs Meredith Cable responded to the data requests indicating that it would provide programming agreements and invoice documentation for the basic service tier, for the True-Up Period, but only if a confidentiality agreement were executed a_nd only ff the review were done at its Roseville, Minnesota office. Such review would have required travel and expenses not contemplated by our agreement with Bernick and Lifson. With respect to the Projected Period, Meredith Cable responded that its costs were based upon estimates provided by Charter Communications, and that since that deal did not occur, Meredith Cable has no access to any documentation to support the projected costs, and no such documentation was provided although requested. Meredith Cable further responded by stating that the cable programming services tier is subject to review by the FCC and not by the local franchise authorities, thus no documentation was offered to be provided. Without reviewing all programming agreements and invoice documentation, it is not possible to test the amounts reported on the Form 1240 filing. The true-up and projected programming costs are significant in the computation of the maximum permitted rates. Revenue Neutrali _ty Since the maximum permitted rates for the basic and cable programming services tiers cannot be tested due to a lack of supporting documentation, a calculation of revenue neutrality cannot be made. 3 BERNICK AND LIFSON RE: NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION RF2ORT ON AGREED-UPON PROCEDURES CABLE TELEVISION BASIC RATE REGULATION FCC FORM 1205 FILED BY MEREDITH CABLE PROJECTED PERIOD JANUARY 1,1998 TO DECEMBER 31,1998 CROWE CHIZEK REPORT OF INDEPENDENT ACCOUNTANTS ON APPLYING AGREED-UPON PROCEDURES Mr. Robert J. V. Vose, Esquire Bernick and Lifson Minneapolis, Minnesota Re: Sample FCC Forms Filed with the North Suburban Cable Telecommunications Commission We have performed the procedures enumerated in the accompanying Procedures and Findings section of this report to the FCC Form 1205, dated September 30, 1997, filed by Media One d/b/a Meredith Cable ("Meredith Cable") with the North Suburban Cable Telecommunications Commission. Such procedures were agreed to by Bernick and Lifson and were performed solely to assist you in your evaluation of the degree of compliance by Meredith Cable in accordance with the instructions and regulations promulgated by the Federal Communications Commission (FCC). This engagement to apply agreed-upon procedures was performed in accordance with the standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of Bemick and Lifson. Consequently, we make no representation regarding the sufficiency of the procedures described in the accompanying Procedures and Findings section of this report either for the purpose for which this report has been requested or for any other purpose. Our procedures and findings are presented in the final section of this report. FCC regulations do not require the underlying assumptions for the projected period to be presented as part of Form 1205. We were not engaged to, and did not perform, an audit or examination, the objectives of which would be the expression of an opinion on any of the amounts or items referred to in this report. Accordingly, we do not express such an opinion or an opinion on whether the underlying assumptions provide a reasonable basis for the presentation. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. Furthermore, there will usually be differences between the projected and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. We have no responsibility to update this report for events and circumstances occurring after the date of this report. This report is intended solely for the use of Bernick and Lifson and should not be used by those who have not agreed to the procedures and taken responsibility for the sufficiency of the procedures for their purposes. However, this report is a matter of public record and its distribution is not limited. Oak Brook, Illinois October 13, 1998 Crowe, Chizek and Company LLP 1 CROWE, CHIZEK AND COMPANY LLP ONE MID AMERICA PLAZA POST OFFICE BOX 3697 OAKBROOK, ILLh-NOtS60522-3697 630.574.7878 FAX630,574.1608 A member of Horwath International PROCEDURES AND FINDINGS Background BERNICK AND LIFSON RE: NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION FCC Form 1205 Filed by Meredith Cable Proiected Period ~anuary 1, 1998 to December 31,1998 Procedures and Findings Meredith Cable submitted its Form 1205, dated September 30, 1997, (Form 1205) to the North Suburban Cable Communications Commission. We requested additional information from Meredith Cable in February 1998 and ~uly 1998. Procedures and Findings 1. Read Form 1205 Instructions and applicable FCC Regulations. 2. Recompute the mathematical accuracy of the calculations made and entered on Form 1205. No exceptions were noted. 3. Compare mounts entered on Form 1205 to supporting information submitted by the cable operator. See Summary section for exceptions noted. 4. Review attachments to Form 1205 and compare to amounts entered on Form 1205. No exceptions were noted. Sunmmry Tax Rates Meredith Cable responded to the data requests indicating that it would provide copies of tax returns but only if a confidentiality agreement were executed and only ff the review were done at its Roseville, Minnesota office. Without reviewing the tax returns, it is not possible to test the mounts reported on the Form 1205 filing. The tax rates are part of the computation of capital costs, and capital costs are part of the computation of the hourly service charge (HSC). The HSC is a factor in most of the maximum permitted rates for equipment and installation. BERNICK AND LIFSON RE: NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION FCC Form 1205 Filed by Meredith Cable Projected Period January 1, 1998 to December 31, 1998 Procedures and Findings Schedule D - Average I-Iouzs per Installation With respect to pre-wired installations, Meredith Cable responded by indicating that sixty minutes of time is required to perform such inst~ilation. Ten of those minutes are for "lay out underground drop and ground install," and another ten of those minutes are for "drop bury (average of 1/3 of the lime)." These tasks do not appear to be necessary for a "pre-wired" installation. If such twenty of the sixty minutes average time were deducted, the maximum permitted rate for that charge would be reduced by one-third. 3 ORDER REGARDING TI:II*~ REVIEW OF FORM 1240 (BASIC TIER RATES) SUBMITTED BY MEDIAONE WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory authority pursuant to the rules of the Federal Communications City (hereinafter "FCC"); WHEREAS, the City has notified MediaOne fka Meredith Cable (hereinafter "Company") that the Company is subject to the rate regulatory authority of the City; WHEREAS, the City has received from the Company an FCC Form 1240 Updating Maximum Permitted Rates for Regulated Cable Services on or about September 30, 1997; WHEREAS, the Form 1240 filing implicates the City's authority to regulate Basic Tier rates in requesting an increase in the Company's maximum permitted equipment rates, on a going forward basis; WHEREAS, the City has reviewed FCC Form 1240 to ensure that the proposed rates are within the FCC standards for such rates; WHEREAS, the City's legal counsel retained accounting expert to solicit, review, and analyze additional information related to said review by the City, staff, and consultants; WHEREAS, the City has determined, and the Company has acknowledged, that the Company's Form 1240 rate filing produces a "maximum permitted rate" which exceeds permissible levels pursuant to FCC regualtions due to overstatement of certain costs/expenses; WHEREAS, the City has further determined that the Company's actual charges for the Basic Tier are sufficiently below the "maximum permitted rate" such that no refunds are due and no changes to rates charged necessary; WHEREAS, the City has determined that the Company must "true up" any overstatement of costs and the resultant "maximum permitted rate" in the Company's 1999 FCC Form 1240 rate filing, which the City has received; NOW, THEREFORE, IT IS HEREBY ORDERED by the City that the Company's FCC Form 1240 filing for 1998 is not accepted, FURTHER, that no adjustment to 1998 rates or refunds are required, FLrRTHER, that this action may be reconsidered upon review of the Company's Form 1240 filing for 1999, FURTHER that this Order shall be effective immediately. Passed this 1 4th day of December, 1998. Offered by: Szu tek Seconded by: Sturdevant Roll Call: A11 ayes Joseph Sturdevant, Mayor JoAnne Student, Council Secretary ORDER REGARDING TI:tF~ REVIEW OF FORM 1205 (EQUIPMENT RATES) SI_TBNIITTED BY MEDIAONE WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory authority pursuant to the rules of the Federal Communications City (hereinafter "FCC"); WHEREAS, the City has notified MediaOne fka Meredith Cable (hereinafter "Company") that the Company is subject to the rate regulatory authority of the City; WHEREAS, the City has received from the Company an FCC Form 1205 Determining Regulated Equipment and Installation Costs "Equipment Form" on or about September 30, 1997; WHEREAS, the Form 1205 filing implicates the City's authority to regulate equipment rates in requesting an increase in the Company's maximum permitted equipment rates, on a going forward basis; WHEREAS, the City has reviewed FCC Form 1205 to ensure that the proposed rates are within the FCC standards for such rates; WHEREAS, the City's legal counsel retained accounting expert to solicit, review, and analyze additional information related to said review by the City, staff, and consultants; WHEREAS, the City has determined, that the Company's Form 1205 equipment rate filing is reasonable pursuant to FCC regulations; NOW, THEREFORE, IT IS HEREBY ORDERED by the City that the Company's FCC Form 1205 filing for 1998 is accepted, FURTHER that this Order shall be effective immediately. Passedthis 14th dayof December., 1998. Offered by: Szu tek Seconded by: S~urdevant Roll Call: A11 ayes JoAnne Student, Council Secretary Joseph Sturdevant, Mayor CITY COUNCIL LETTER Meeting of: 12/14/98 AGENDA SECTION: CONSENT AGENDA ORIGINATING DEPARTMENT: CITY MANAGER NO, ~4' PUBLIC WO xI~~ ~//~/~ ITEM: RECEIVE REPORT FOR LOCAL BY: K. Hansen~)d~ BY: PERFORMANCE ArD ~- ~ ~, DATE: 12/9/992..~-"~ DATE: Background: The City has applied for and receives Local Performance Aid under Minnesota Statute 477A.05. In 1998, the City received $23,687 in performance aid from the State. To qualify and continue to receive this aid, the City must: Spend the aid on programs for which it has developed a system of performance measures and will be regularly compiled and presented to the City Council at least once a year. A copy of the Statute Section dealing with LPA is attached and highlighted. Analysis/Conclusions: The report format is set up to be consistent with guidelines established by the League of Minnesota Cities and Minnesota Department of Revenue. The report is broken down into the following sections: Program or service to be measured Output or result of program or service Measure the workload Cost effectiveness Productivity Maintain database and compare results from year to year The attached report has been prepared for the City's Snow Plowing and Ice Control Service for years 1997and 1998 (to date). Requested Action: Request City Council receive and accept the 1998 Performance Report for Local Performance Aid dated December 1, 1998. KH:Jb 98-411 Attachment: Local Performance Aid Statute 477A.05. Performance Measures 1997/1998 Tabulations COUNCIL ACTION: CHAPTER 477A AIDD LOCAL GOVERNMENT 477A.05 Local performance aid. Subdivision 1. Qualification. By May 25 of each year, the commissioner shall send a local performance aid qualification form to each county and city in the state. Jurisdictions that are eligible to receive the aid must return the completed form by June 30 in order to receive aid in the following calendar year. For each determinator specified in subdivision 2, the form shall have a space for the jurisdiction to indicate that it has satisfied the conditions of the determinator. For counties, the form must be signed by the chair of the county board. For cities, the form must be signed by the mayor, if the city has a mayor, and the chair of the city council. Applications may be filed jointly by jurisdictions planning to spend the aid jointly. Subd. 2. Eligibility determinator. For calendar year 1998 and subsequent calendar years, a jurisdiction is eligible to receive local performance aid if the jurisdiction affirms that (1) the aid will result in a reduction in property taxes at least equal to the amount of aid received, and (2) the jurisdiction will spend the aid on programs for which it has developed a system of performance measures and that these measures will allow for the measurement of continuous improvement and will be regularly compiled and presented to the county board or the city co~uncil at least once a year. The jurisdiction must identify the program or programs that are to be funded with the aid. A jurisdiction is eligible for aid if it affirms that it is in the process of developing and implementing a system of performance measures for the program or programs for which the aid is being sought; however, aid amounts under this section may not be spent on the program or programs until the performance measurement system has been instituted, unless the aid is being used to establish the performance measurement system. Subd. 3. Determination of aid amount. The commissioner shall sum the populations of all jurisdictions that have met the conditions specified in subdivision 2. The commissioner shall determine a per capita aid amount by dividing the aggregate aid available under subdivision 5 by the sum of the populations for all qualifying jurisdictions, separately for counties and cities. Each jurisdiction shall then be eligible for aid equal to the judsdictions's population times the per capita aid amount. For purposes of this subdivision, population means the most recent population established under section 477A.011, subdivision 3, in the year in which the aid is determined. Subd. 4. Notification and payment. Jurisdictions shall be notified of their aid under this section at the same time as the notification for aid under section 477A.014, subdivision 1. Payments of aid under this section shall be made on the dates prescribed in section 477A.015. Subd. 5. Appropriation. (a) For payments to counties under this section, there is annually appropriated from the general fund to the commissioner of revenue an amount equal to the sum of $558,625 plus the amount by which county aids were reduced under Laws 1996, chapter 471, article 3, section 49, adjusted for inflation as provided under section 477A.03, subdivision 3. For payments to cities under this section, there is annually appropriated from the general fund to the commissioner of revenue an amount equal to the sum of $441,735 plus the amount by which city aids were reduced under Laws 1996, chapter 471, article 3, section 49, adjusted for inflation as provided under section 477A.03, subdivision 3. (b) For aids payable in 1998 under this section, an additional amount of $560,000 for counties and $440,000 for cities is appropriated from the general fund to the commissioner of revenue. PUBLIC WORKS C!TY OF COLUMBIA HEIGHTS ~ · ENGINEERING · STREETS 637 38TH AVENUE N. E., COLUMBIA HEIGHTS, MN 55421-3806 (612) 782-2880TDD 782-2806 · PARKS PERFORMANCE MEASURES PROGRAM: SNOW AND ICE CONTROL Department: Public Works/Street Department Program Output: Output Activi .ty Full Service Activity General Service Maintenance Unit of Output Miles of Streets Plowed Sanding, Salt Application Effectiveness/Outcome Measure (Quality, Timeliness, Process) · Percentage of main routes lane miles plowed before rush hour (7:00 a.m. and 5:00 p.m.) for each event. · Percentage of full call-out events completed within ten hours. · .Average time to complete full call-out events. Average number of complaints per 100 lane miles per event or total annually. · Average number of mail boxes and/or boulevards damaged per 100 lane miles per event or annually. Efficiency Measures (cost per unit of output) · Average total cost (personnel, salt/sand) per event. · Average total cost (personnel, salt/sand) per miles of road · Average total cost (personnel, salt/sand) per alley · Annual cost of mailbox and sod damage Productivity Measures (personnel houra per unit of output) · Person hours per event and lane mile · Person hours for alleys per year · Person hours annually for mailbox and sod damage repair THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT or THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYEr PERFORMANCE MEASURES 1997/1998 TABULATIONS 1997 1998 1. % of main routes plowed before peak hours Factor: less than 6" snowfall event 100.0% Factor: greater than 6" snowfall event 85.0% 2. Percentage of full call out events completed within 10 hrs Factor: less than 6" snowfall event 100.0% Factor: greater than 6" snowfall event 0.0% 3a. Avg time to complete full call out ever~ts, snow plowing: 7.71hrs 3b. Avg time to complete full call out events, ice control: 3.79hrs 4. Total number of complaints annually .. Streets: 93 Alleys: 73 5. Average number of complaints/100'lane miles annually Streets: 3.12 Alleys: 2.09 6. Average number of mail boxes/boulevards damaged per 100 lane miles annually Streets: 0.30 Alleys: 0.03 100.0% N/A 100.0% N/A 5.50hrs 3.87hrs 24 12 0.80 0.34 0.10 0.00 1. Average total cost (personnel, salt/sand) per event Snow Plowing: Ice Control: 2. Average total cost (personnel, salt/sand) per mile of roadway Snow Plowing: Ice Control: 3. Annual cost of mailbox and sod damage: $5,330.00 $2,542.54 $483.29 $428.15 $975.00 $5,360.25 $3,383.50 $277.73 $350.62 $85.OO Productivi~ 1. Person hours per event and lane mile Snow Plowing-- Event: Lane Mile (annually): Ice Control Event: Lane Mile (annually): 2. Person hours for alleys per year 3. Person hours annually for mailbox and sod damage repair: 268.57 12.18 62.62 5.27 309.00 42 223.00 5.78 57.25 2.97 114.00 9 g:~kevinh\Streets',Performance_report.xls CITY COUNCIL LETTER Meeting of December 14, 1998 AGENDA SECTION: - ORIGINATING DEPARTMENT: CITY MANAGER PUB L I C HEAR 1 NGS Fire APPROVAL NO: ~I~ ITEM: Close Hearing/Adopt Resolution For BY: Charlie Kewatt Revocation DATE: December 8, 1998 DATE: NO: 98- / / 7 ~" ~ Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Renae Novak regarding rental property at 4023 6th Street NE for failure to meet the requirements of the Housing Maintenance Codes. RECOM2MENDED MOTION: Move to waive the reading of Resolution No. 98- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 98-t 1 7, Resolution of the City Council of the City of Columbia Heights Approving Revocation Pursuant to Ordinance Code Section 5A.408(1) of the Rental License held by Renae Novak Regarding Rental Property at 4023 6th Street NE. COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS FIR]E DEPARTMENT 555 Mill Street N.E. Columbia Heights, MN 55421 }12184 Telephone: 782-_8_~ 5 To: Renae Novak 4023 6th Street Columbia Heights, MN 55421 December 1, 1998 Re: 4023 6th Street Up/Down STATEMENT OF CAUSE AND NOTICE OF PUBLIC HEARING FOR SUSPENSION OR REVOCATION OF A LICENSE PLEASE BE ON NOTICE, that on December 14, 1998 at 7:00pm or as soon thereafter as the matter can be heard, by the City Council of Columbia Heights shall consider the revocation, suspension and/or other appropriate dispostion of the license to operate a rental dwelling(s) of Renae Novak located at 4023 6th Street Up/Down, Columbia Heights, MN 55421 STATEMIENT OF CAUSE FAILURE TO CORRECT HOUSING CODE VIOLATION(S) FAILURE TO SUBMIT RE-INSPECTiON FEES As of this date, December 1, 1998 the following outlined violations have not been corrected. A FINAL INSPECTION OF THIS PROPERTY WILL BE CONDUCTED ON DECEMBER 10, 1998. IF ALL VIOLATIONS ARE NOT CORRECTED BY THIS DATE, THIS HEA_KING WILL BE HELD AS SCHEDULED. Pursuant to Section 5A.408(3) of the Columbia Heights City Code, a violation of any provisions of Chapters 5 or 5A or of state law, shall be prima facie showing cause for revocation, suspension or other action restricting the privileges of a licensee. PLEASE BE ON NOTICE, that on December 14, 1998 at 7:00pm or as soon thereafter as the matter can be heard, by the City Council of Columbia Heights shall hold a Public Hearing to address the issuse of revocation of your rental license. At the Public Hearing you and your tenants or any other interested parties will be given an opportunity to give testimony and present evidence on the above set forth issuses. Charles Kewatt Fire Chief 5nforcern~nf O~cer Hearing Statement of Cause - Viol. & Fees 12/01/1998 09:44 Da.~e Code Violation Details '~ 1/19/1'998 Recheck violation record auto-generated from inspection on 11/04/1998 Recheck violation record auto-generated from inspection on 09/21/1998 1 ..Shall replace cracked glass in kitchen window (upper unit) 2..Shall replace missing screen and glass on door to deck on upper unit Re-Inspection Date 12/1011998 12/01/1998 09:43 12184 Pre-Revocation Violation Ltr. F~Denotes violation corrected Columbia Heights Fire Dept 555 Mill Street NE Columbia Heights, MN 55421 612-782-2835 Billing Statement Responsible Party Inspection Performed Renae Novak Novak Duplex Rentals 4023 6th Street 4023 NE 6th Street Columbia Heights, MN 55421 Up/Down Columbia Heights, MN 55421 Payment for reinspection fees are due 20 days after the receipt of this statement, you will not be sent a second notice. Type Description Date Performed Fee 092 1st Follow-up Housing Maintenance Code Inspection 07/20/1998 $ 40.00 093 2nd Follow-up Housing Maintenance Code Inspection 09/21/1998 $ 40.00 093 2nd Follow-up Housing Maintenance Code Inspection 11/04/1998 $ 40.00 094 3rd -- Pre-Revocation HMC Inspection -- CERT MAIL 11/19/1998 $ 40.00 Total Due: $ 160.00 Please return this portion with your payment Inspection Performed Novak Duplex Rentals 4023 NE 6th Street Up/Down Columbia Heights, MN 55421 12/01/1998 09:45 RESOLUTION 98- 117 RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY RENAE NOVAK (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4023 6TH STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON DECEMBER 11, 1998 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 14, 1998. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLLFM_BIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLLrM-BIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on May 20, 1998, Gary Gorman and Rich Hin_richs, inspectors for the City of Columbia Heights, noted nine violations. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 2. That on July 20, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, noted eight violations still existed. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 3. That on September 21, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, noted that two violations still remained uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 4. That on November 4, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, noted that two violations were uncorrected. Compliance orders listing the violations were mailed by regular mail to the owner of the property at the address listed on the Rental Housing License Application. 5. That on November 19, 1998, Gary Gorman and Rich Hinrichs, inspectors for the City of Columbia Heights, noted that two violations still remained uncorrected. Compliance orders listing the violations were mailed by certified mail to the owner of the property at the address listed on the Rental Housing License Application. 6. That based upon said records of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code were found to exist, to-wit: A. FAILURE TO CORRECT VIOLATIONS OF THE HOUSING MAINTENANCE CODE B. FAILURE TO SUBMIT REINSPECTION FEES OF $160.00 7. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 4023 6th Street is in violation of the provisions o£the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable fights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F2754 is hereby revoked/suspended (cross out one); 2. The City will post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves fi:om the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS 14th DAY OF December , 19 98 MOTION BY: S t u rd eva n t SECOND BY: Jo t t y ROLL CALL; A1 I ayes ROLL CALL VOTE: JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER "~ Meeting of: DECEMBER 14. 1998 OTHER ORDINANCES AGENDA SECTION: ORIGINATING DEPT.: CITY MANAGER NO: t~ 'RESOLUTI ONS FINANCE APPROVAL ITEM: BEING A RESOLUTION ADOPTING A BY: WILLIAM ELRITE BY'k. //~ BUDGET FOR THE YEAR 1999 AND SETTING DATE: 12/3/98 ] , , ~..,,2-~- DA~E:-- THE TOTAL CITY LEVY COLLECTABLE FOR THE YEAR 1999 A_ND APPROVE THE HR& LEVY of $80,239 ~"/~ --t NO: On December 7, 1998, the City Council held the Truth in Taxation budget/levy hearing. At that time it was announced that the proposed total levy for the City increased by $37,192; however, the fiscal disparities area- wide tax increased by $47,453, resulting in a net reduction in the local levy by $10,261. Although the local levy, which is paid by the residents of Columbia Heights, decreased in total, the majority of homeowners in the City will see a small increase. This is due to state legislation which shifted the real estate tax burden from commercial-industrial to residential in 1998, and is continuing that shift in 1999. The net result is that the average home with an $82,400 value will see a City tax increase of$5.10. However, that same home, due to the decrease in the school tax, will see a net decrease on their tax bill of $121.52. In addition to the City levy, the EDA levy is proposed at $111,048 and the library levy at $467,518. At the Truth in Taxation hearing the City Manager noted some of the changes to the final budget as proposed by the City Council. Attached is a list of the changes that were made to the City Manager's proposed budget based on discussions at various work sessions. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 98-109, Being a Resolution Adopting a Budget for the Year 1999 and Setting the Total City Levy Collectable for the Year 1999 in the Amount of $3,238,626 and Approve the I-IRA levy of $80,239. WE:dh/9812036 COUNCIL ACTION: RESOLUTION 98-'10g RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA ADOPTING A PROPOSED BUDGET, SITTING THE CITY, HRA AND EDA PROPOSED LOCAL LEVY, AND ESTABLISHING A BUDGET HEARING DATE FOR PROPERTY TAXES PAYABLE IN 1999 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: that the following is hereby adopted by the City of Columbia Heights. Section A. The proposed budget for the City of Columbia Heights for the year 1999 is hereby approved and adopted with appropriations for each of the funds as listed below. Expense General Fund 7,696,776 Community Development Admin 261,147 CDBG/HOME 259,918 Parkview Villa North 318,019 Parkview Villa South 168,887 EDA 532,456 Section 8 Housing 1,085,944 Temp Housing/Vacant Land 36,116 HRA 91,239 State Aid 182,810 Cable Television Fund 189,073 Library 508,255 DARE Project 7,950 Police Grant 0 Fast Cops 65,785 Capital Improvement Fund 397,200 MultiUse Redevelopment 0 Infrastructure 0 Capital Equipment Replacement Funds 574,599 Central Garage Fund 418,194 Liquor 6,404,526 Water Utility Fund 1,434,399 Sewer Utility Fund 1,277,096 Refuse Fund 1,563,013 Water & Sewer Construction 237,000 Energy Management 316,818 Data Processing 175,931 Police/Fire Contingencies Reserve 85,000 Debt Service Fund 2,193,534 Total Expense Including Inter~und Transfers 26,481,685 Section B. The estimated gross revenue to fund the budget of the City of Columbia Heights for all funds, general ad valorem tax levies and use of fund balances, as hereinafter set forth for the year 1999: including Revenue General Fund 7,696,776 Community Development Admin 261,147 CDBG/HOME 259,918 Parkview Villa North 318,019 Park, view Villa South 168,887 EDA 532,456 Section 8 Housing 1,085,944 Temp Housing/Vacant Land 36,116 HRA 91,239 State Aid 182,810 Cable Television Fund 189,073 Library 508,255 DARE Project 7,950 Police Grant 0 Fast Cops 65,785 Capital Improvement Fund 397,200 MultiUse Redevelopment 0 Infrastructure 0 Capital Equipment Replacement Funds 574,599 Central Garage Fund 418,194 Liquor 6,404,526 Water Utility Fund 1,434,399 Sewer Utility Fund 1,277,096 Refuse Fund 1,563,013 Water & Sewer Construction 237,000 Energy Management 316,818 Data Processing 175,931 Police/Fire Contingencies Reserve 85,000 Debt Service Fund 2,193,534 Total Revenue Including Interfund Transfers 26,481,685 Section C. The following sums of money are levied for the current year, collectable in 1999, upon the taxable property in said the City of Columbia Heights, for the following purposes: Estimated Area-Wide Estimated General Fund Levy Estimated Library Fund Levy Estimated EDA Fund Levy Total Proposed Levy 729,149 1,930,910 467,518 111,048 3,238,625 Section D. The City Council of the City of Columbia Heights hereby approves the Housing and Redevelopm~'nt Authority Tax Levy for fiscal year 1999 in the amount of $80,239. BE IT FURTHER RESOLVED BY THE CITY COUNCIL FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA: That the budget hearing was held on December 7th at 7:00 P.M. in the City Council Chambers. The City Clerk is hereby instructed to transmit a cer[ified copy of this resolution to the County Auditor of Anoka County, Minnesota. Approved this 14th day of December 1998 Offered By: Szu r-ek Seconded By: Pe(~rson Roll Call: Al ] ayes Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary FIRE 101-42500 4375 C~'TV O~= COLUM, B~P, F~F_.~GHTS 1999 Proposed City Council Budget Cuts/Adds Total CIVIL DEFENSE Volunteer Recognition Total GENERAL GOVERNMENT 603-49510 REFUSE DISPOSAL 5150 Vehicles POLICE DEPARTMENT 273-42100 FAST COPS GRANT 1010 Regular Employees 1020 Overtime Regular Employees 1031 Holiday Pay 1041 Court Pay 1043 Training Pay 1045 Longivity 1210 PERA Contribution 1220 FICA Contribution 1300 Insurance 1510 Workers Comp. Insurance Premium 431-42100 CAPITAL EQUIP REPLACEMENT- POLICE 5180 Other Equipment Total PUBLIC WORKS 431-43121 CAPITAL EQUIP REPLACEMENT STREETS 5050 Vehicles TOTAL AMOUNT OF CHANGE City Item Cut Council or Added $600 Add for Reserves annual dinner $600 Increased budget from $3,500 to $4,100. $85,000 Street sweeper purchase moved $85,000 from Capital Equipment Replace fund. $45,588 Retain the 26th police officer under $1,600 grant fund for 1999 $2,091 $85o $850 $1,566 $5,99O $762 $4,5oo $1,988 $100,000 Police Computer Equipment $165,785 moved from 1998 budget. ($85,000) Street Sweeper moved to Refuse ($85,000) Disposal fund. $166,385 Total CITY OF COLUMBIA HEIGHTS 1999 Proposed Budget Cuts/Adds City City Item Cut Manager Counc or Added $10,000 ($1o,ooo' ($1o,ooo' ($1o,ooo' ($20,000' $0 ($36,000' Delay purchasing new election ($36,000' $0 machines until 2000 ($9OO $600 Add for Reserves annual dinner. ($4,100 Duplicate amount - $3,500 left in budget ($5,ooo~ $600 $2,508 Increase in Personal Svcs $1,283 by hiring a full time janitor $1,895 $4,5OO $1,053 ($4,043) ($1o,ooo) ($12,800) Roof for the Police Department ($1,500) ($5OO) ($5OO) ($2,5OO) ($5OO) ($5OO) ($2,000) ($2,000) ($1,5OO) ($2,OOO) ($1,000) ($1,000) $85,000 Street sweeper Purchase ($31,1041 $85,000 Total Total Total Total ADMINISTRATION 101-41110 MAYOR-COUNCIL 3050 Expert & Professional Svcs 8100 Contingencies 101-41320 CITY MANAGER 3050 Expert & Professional Svcs 101-41610 LEGAL 3044 Paralegal Prosecution FINANCE 101-41410 ELECTIONS 5180 Capital Outlay; Other Equipment FIRE 101-42500 CIVIL DEFENSE 3050 Expert & Professional Svcs 4375 Volunteer Recognition 4374 Employee Recognition GENERAL GOVERNMENT 101-41940 1070 1210 1220 1300 1510 1700 5180 5120 2000 2010 2020 2030 2160 2161 2171 3840 101-45050 4374 4375 4378 4380 603-49510 5150 GENERAL GOVERNMENT BLDGS. Interdepartmental Labor Service PERA Contribution FICA Contribution Insuranoe Workers Comp Insurance Premium Allocated Fringe Capital Outlay; Office Supplies Building & Improvements Office Supplies Minor Equipment Computer Equipment Pdnted & Pdnted Forms Maint & Construction Materials Chemicals General Supplies Refuse Utility RECOGNITION/SPECIAL EVENTS Employee Recognition Volunteer Recognition Special Events Commissions & Boards REFUSE DISPOSAL Vehicles CiTY OF COLUMBIA HEIGHTS 1999 Proposed Budget Cuts/Adds POLICE DEPARTMENT 101-42100 POLICE 1010 Regular Employees 1020 Overtime Regular Employees 1031 Holiday Pay 1041 Court Pay 1043 Training Pay 1210 PERA Contribution 1220 FICA Contribution 1300 Insurance 1510 Workers Comp. Insurance Premium 5120 Buitding & Improvement 5130 Improvements Other than BIdgs 273-42100 FAST COPS GRANT 1010 Regular Employees 1020 Overtime Regular Employees 1031 Holiday Pay 1041 Court Pay 1043 Training Pay 1045 Longivity 1210 PERA Contribution 1220 FICA Contribution 1300 Insurance 1510 Workers Comp. Insurance Premium 431-42100 CAPITAL EQUIP REPLACEMENT- POLICE 5180 Other Equipment PUBLIC WORKS 101-43100 5180 5170 3050 101-43t21 1070 1700 5120 2280 2171 101-43160 3180 101-43170 5180 101-45200 1070 1700 4000 2171 101-46102 3050 101-46104 3050 431-43121 5050 ENGINEERING Capital Outlay; Other Equipment Capital Outlay; Office Equipment Expert & Professional Services STREETS Interdepartmental Labor Svc Allocated Fringe Capital Outlay; Office Equipment Vehicle Parts General Supplies STREET LIGHTING Electdc Utility TRAFFIC SIGNS & SIGNALS Capital Outlay; Other Equipment PARKS Interdepartmental Labor Svc Allocated Fringe Repair & Maintenance Services General Supplies TREE TRIMMING Expert & Professional Services DUTCH ELM REPLACEMENT Expert & Professional Services City City Item Cut Manager Council or Added ($61,557' The elimination of one entry level Police Officer ($1,600' reduces the amount by $49,569. ($1,470' $32,263 is due to retirements ($850' and the hidng of brand new people ($850' starting at the entry-level wage ($7,128' Total personal Services is reduced by $81,832. ($1,310' This reduces the sworn officer level to 25. ($4,500' ($2,567' ($5,ooo' ($1 ,o84' $45,588 Retain the 26th police officer under grant $1,600 fund for 1999. $2,091 $85O $85O $1,566 $5,990 $762 $4,500 $1,988 $100,000 Police Computer Equipment ($87,916: $165,785 ($25,000' Gis Database ($7,500: ($1,000' (16,559' Reduction of Personal Svc's (8,901' for allocations to projects ($40,000' Salt Storage Facility ($2,000' Pull Tarp for a Dump Truck ($1,250' ($1,ooo' ($12,000' Hydraulic Post Pounder ($16,559' Reduction of Personal Svc's for ($7,983' allocation t~ projects ($2,500 ($1,500' ($1,250' ($2,ooo' ($85,000) Street Sweeper ($147,002 ($85,000) Total CAPITAL EQUIP REPLACEMENT STREETS Vehicles Total CITY OF COLUMBIA HEIGHTS 1999 Proposed Budget Cuts/Adds City City Item Cut Manager Council or Added ($6,498', Hidng a new custodian ($337', at entry pay instead of a higher rate ($497; ($277; ($12,000', New Roof ($391', Reduction in price for a washer & dryer. ($20,000; $0 ($4,500; ($7,000; ($11,500; $0 $17,245 $17,245 $0 ($341,277; $166,385 Total RECREATION 101-45129 MURZYN HALL 1010 Regular Employees 1210 PERA Contribution 1220 FICA Contribution 1510 Workers Comp Insurance Premium 5120 Building & Improvement 5180 Capital Outlay; Other Equipment LIBRARY 240-45500 LIBRARY 5120 Building & Improvements 4170 Office equipment TOTAL AMOUNT OF CHANGE TO LIBRARY COMMUNITY DEVELOPMENT 201-46310 COMMUNITY DEVELOPMENT ADMIN 7200 Transfer out to CDBG TOTAL AMOUNT OF CHANGE TO COMM DEVLPMT TOTAL AMOUNT OF CHANGE CITY COUNCIL LETTER Meeting of: December 14, 1998 OTHER ORDINANCES/ AGENDA SECTION: RESOLUTI 0NS ORIGINATING DEPT.: CITY MANAGER NO: ¢1 CITY MANAGER'S APPROVAL ITEM: ORDINANCE TO VACATE A PORTION OF A BY: JIM HOEFT BY: /.// DRAINAGE & UTILITY EASEMENT 'l~'M '~ ''~"~ DATE: DECEMBER 7, 1998 NO: This is the second reading of an ordinance to vacate a portion of the drainage & utility easement listed on the Northwestern Addition Plat, on the property owned by North Coast Partners, LLP, at 4110 Central Avenue NE. The City vacated some of the easement with Ordinance 1171 in September, 1988. However, the legal description used in the original ordinance did not cover the entire portion of the easement to be vacated. Accordingly this Ordinance is a house keeping item to correct the legal description of the portion of the easement to be vacated. This is the second reading of Ordinance No. 1380, the first reading was held on November 23, 1998. RECOMMENDED MOTION: Move to waive the second reading of Ordinance No. 1380, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1380, an Ordinance Amending Ordinance No. 853 City Code of 1977, vacating a portion of a drainage and utility easement as dedicated on the recorded plat of NORTHWESTERN ADDITION. COUNCIL ACTION: legal\jane.g\vacsease.ltr ORDINANCE NO. 1380 BEING AN ORDINANCE AMENDING ORDINANCE N0.853 CITY CODE OF 1977, VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights herewith vacates a portion of that certain drainage and utility easement over and across the following described property, to wit: That part of the drainage and utility easement as dedicated on the recorded plat of NORTHWESTERN ADDITION and now to be vacated lying within Lots 1 and 2, Block 1 in said plat which lies westerly of the west line of the East 27.00 feet of said Lot 1 and northerly of the south line of the North 38.00 feet of said Lot 2. That part of the drainage and utility easement as granted in the document recorded in the Office of the Anoka County Recorder as Document No. 642516 and now to be vacated lying within Lots 1 and 2, Block 1, in NORTHWESTERN ADDITION, which lies westerly of the west line of the East 27.00 feet of said Lot 1 and northerly of the south line of the North 38.00 feet of said" Lot 2. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: November 23. 1998 Second Reading: December l z~, 1 998 Date of Passage: December 14~ 1998 Offered By: Peterson Seconded By: Sturdevant Roll Call: Ail ayes Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor CiTY COUNCIL LETTER Meeting of : December 14, 1998 AGENDA SECTION: ORDINANCES ~/xID ORIGINATING DEPT.: CITY M3~NAGER NO: ~ RESOLUTIONS ASSESS APPROVAL COMPLETED UNDER PRIVATE CONSTRUCTION AGREEMENT BY PETITION/WAIVER DATE: DECEMBER 4, 1998 NO: On June 14, 1993 the City Council established Resolution 93-24, establishing Petition/Waiver procedures for miscellaneous special assessment improvements. Under this procedure, we are now asking that the Resolution to levy the special assessments for the concrete work done under the "Private Construction Agreement" with a signed Petition/Waiver form be approved. PIR 1008, Project 09800 is for work on 3 parcels with the removal and construction of driveway, sidewalk, or concrete curb and gutter. RECOMMENDED MOTION: Move to waive the reading of Resolution 98 - 115, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 98 - 115; Levy of Private Construction Agreement by Petition and Waiver as listed in PIR 1008, Project 9800. COUNCIL ACTION: Jg\pet&wavrklvycouncil ltr misc concrete RESOLUTION NO. 98- 115 Adopting assessment roll according to the City Charter for the following local improvement and determining that said improvement has been made and ratifying and conforming an authorization by petition/waiver under the "Private Construction Agreement to remove and construct driveway aprons, curb and gutter, heretofore received: Special Assessments numbered PiP, 1008, Project #9800. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 14.th day of December, 1998, in the City Council Chambers, 590 - 40th Avenue N.E., Columbia Heights, Minnesota, being the time and place set when and where all persons interested could appear and be heard by the Council with respect to benefits, and to the proportion of the cost of making the local improvement above described, and a notice mailed to the property owner of record, stating the proposed amount of the assessment; and, WHEREAS, this Council has heretofore estimated and fixed the cost of such local improvement and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY P,ESOLVES: Section I. Section 2. Section 3. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered PIR 1008, Project #9800. That this Council hereby finds and determines that each of the lots and parcels of land enumerated in said assessment roll was and is especially benefitted by such improvement in an amount not less than the amount set opposite in the column headed "Total Assessment". And this Council further finds and determines that the proper proportion of the cost of such improvements to be especially assessed against such lot or parcel of land is the amount set opposite the description of each such lot or parcel of land respectively in said assessment roll. That said assessment may be paid in part or in full without interest on or before January 14, 1999, or in annual installments for a period of two years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 8% interest thereon. Failure to pay the annual installment renders the same delinquent and thereafter a 10% penalty is added and the said delinquent special assessment is certified to the County for collection with the real estate tax. Section 4. That this Council did hereby determine and redetermine to proceed with said improvement, does ratify and confirm all other proceedings heretofore had in regard to this improvement, and said improvement shall hereafter be known and numbered as Local Improvement numbered PIP, 1008, Project #9800. Section 5. This resolution shall take effect immediately upon its passage. Passed this 14th day of December, 1998. Offered by: Jo 11 y Seconded by: Szurek Roil Call: A11 ayes Jo-Anne Student, Secretary to the Council Joseph Sturdevant, Mayor CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA SECTION: OTHER ORDINANCES ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ITEM: SECOND READING OF ORDINANCE NO. 1379, BY: CHARTER COMMISSION BY:~[~~ AMENDING CHARTER PERTAINING TO COUNCIL DATE: DATE: MEETINGS 4 NO: The Charter Commission has been in the process of reviewing several sections in the charter. The commission has discussed Chapter 3, Section 16, Council Meetings, and recommends certain changes. The current charter language in Chapter 3, Section 16, states that a special meeting could be called in 12 hours, and the proposed language would change that to three days' notice. The proposed language also states the notice shall be posted as well as delivered, and defines ~emergency" meeting, and the procedure for notification and posting of "emergency" meetings. According to Jim HoerS, City Attorney, these changes amount to housekeeping changes. The three day notice for special meetings is required by state law, and we have always complied with this requirement. The Charter Commission has held its first and second readings on the proposed amendment language. The City Council held its first reading on November 23, 1998. RECOMMENDED MOTION: for the public. Move to waive the reading of the ordinance, as ample RECOMMENDED MOTION: Move to adopt Ordinance No. 1379, an Ordinance Section 16, Council Meetings. copies are available Amending Chapter COUNCIL ACTION: ORDINANCE NO. 1379 BEING AN ORDINANCE AMENDING CHAPTER 3, SECTION 16, OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO COUNCIL MEETINGS The City of Columbia Heights does ordain: Section 1: Chapter 3, Section 16, of the Charter of the City of Columbia Heights which currently reads as follows, to wit: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least twelve (12) hours'notice to each member of the council. Such notice shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. Ail meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. is hereby amended to read: SECTION 16. COUNCIL MEETINGS. At the time of the first regularly scheduled council meeting in January following a regular municipal election, the council shall meet at the usual place and time for the holding of the council meetings. At this time, the newly elected members of the council shall assume the duties of such membership, except that for council members elected in 1998, 2000, and 2002, the newly elected members shall assume the duties of such membership on the first Monday in January following that regular municipal election. Thereafter the council shall meet at such times as may be prescribed by ordinance or resolution, except that they shall meet not less than once each month. The mayor, or any two members of the council, or the city manager, may call special meetings of the council upon at least t~clve (12) hours' three (3) days' notice tc each member of thc council. Such notice shall be posted and shall be delivered personally to each member or shall be left with some responsible person at the member's usual place of residence. The mayor, any two members of the council, or the city manaqer, may call special emerqency meetincs of the council upon at least twelve (12} hours' notice to each member of the council. Posted or published notice of any such emerqency meetinc shall not be recuired. An emerqency meetinq shall be defined as a special meetinc called because of circumstances that, in the judqment of the mayor, any two council members, or the city manager, recuire immediate consideration. All meetings of the council shall be public, and any citizen shall have access to the minutes and records thereof at all reasonable times. Section 3: This Ordinance shall be in full force and effect from and after ninety (90) days after its passage. First Reading: Second Reading: Date of Passage: Offered By: Roll Call: Jo-Anne Student, Council Secretary Joseph Sturdevant, Mayor CITY COUNCIL LETTER Meeting of: December 14 1998 AGENDA SECTION: $ (N E $ S ORIGINATING DEPARTMENT CITY MANAGER NO. Q OTHER BU POLICE ~ ,-~ APPROV&L;, ITEM: Adoption of City Wide I.D. System, Gas Card, BY: Thomas M. JohnsonK>~q~ J BY: and City Owned Buildings Security System DATE: December 9, 1998 DATE: BACKGROUND For many years the City has given each employee a City I.D. card, gas card, and issued keys as required, dependent upon the individual's position. Over the years the photos for these I.D.'s have been taken by a camera located in the Police Department. Approximately two months ago this camera malfunctioned to the point where the photos are unusable, and we cannot fred a vendor that can fix the camera. Also, due to individuals not turning in keys, keys given to various civic organizations not being returned, and keys lost or n'fisptaced, the City has had to re-key several doors throughout the city. The costs for this locksmith function-especially when using the Medeco key system-is extremely high ($346 for one lock installed). When the Medeco system was first purchased, it xvas a patented system. Since then the patent has run out and any locksmith can obtain and cut the keys we use. This defeats the high security level that Medeco locks have had in the past. Recently the Public Works Director has begun looking into the replacement of the current fueling system. This system-the Tech 21-uses two cards to fuel vehicles. When we started to look for a replacement for our I.D. camera, we asked the question "what other functions could an I.D. card be used for that would reduce the need for additional cards or keys?" We decided that there were three areas that we could address: identification, building secur/ty and access, and the fueling of city vehicles. We researched the Hennepin County and State bids to see if such a system was available and we found one. That system will be described in the Analysis/Conclusion section of this Council letter. The City Finance Director, the Pubhc Works Director, and the Chief of Police met to discuss the needs in each of the areas hsted and if one card could be produced that would handle each of these functions. We decided that this could be done, and currently there is approximately $20,000 budgeted for the security of City Hall that could be put toward this purpose. Because the system will ultimately cost more than the $20,000 budgeted, it was decided to propose a multi-phase plan to accomplish all of the goals we have for this system. It is also suggested that minimally the following buildings be included in the security system: City Hall, Murzyn Hall, Public Works, and the Library. It was determined that it?cost feasible, we could also include each of the park buildings, well houses, and water tower in this system. ANALYSIS/CONCLUSION The system we found and received a quotation on from the State contract is called Pro Tec. This system allows for identification cards that can also be used for security entrance and fueling of vehicles. The process we are proposing to folloxv is: Phase I, Winter of 1998: Purchase the software and equipment needed to create identification cards. Also, run the chases necessary to mn the wiring for the security system to each of the exterior doors located in City Hall. Estimated cost: $20,000. Phase II, Spring/Summer of 1999: Purchase the security software and hardware for City Hall security to come on line. Est/mated cost: $18,000. Phase III, Spring/Summer of 2000: Purchase and install hardware for Murzyn Hall security to come on line. Estimated cost: $15,000. Phase IV, Spring/Summer of 2001: Purchase and have installed hardware for Public Works building security to come on line. Estimated cost: $15,000. Phase V, Spring/Summer of 2002: Purchase and install hardware for Library building security to come on line. Estimated cost: $10,000. Phase VI, 2003 budget: Determine feasibility and cost of extending security system to well houses, park buildings, and any other City owned facilities. RECOM2V[ENDED MOTION Move to authorize the City Manager and Mayor to enter into a contract to purchase software and equipment needed to create a security system in City Hall at a cost of $10,457.85 plus tax; and to authorize the contracting of chases in City Hall to nm the required wiring at a cost not to exceed $6,300. 98-403 Attachment COUNCIL ACTION: Phase One Equipment Pricing via A.D.I. (purchases based upon City buying direct from wholesaler) 1. "Fargo" Pro-L pvc card I.D. printer model FX81850 2. Extra Printer ribbon FX81733 3. Poly-guard over laminate FX81784 4. Printer extended Service agreement @ $775 / year 5. Card stock FX81763 pvc (500 cards) 6. Win-Pak Software 7. Win-Badge software 8. Digital Camera, Olympus 600L and tripod 9. Pentium 1-[ Computer specified by company. 10. Workstation printer for card access reports Total $5486.95 $118.00 $7o.0o $775.o0 $330.00 $365.95 $711.95 $100o.0o $1200.00 *400.00 $10,457.85 11. Estimated electrical contractor cost to furnish and install conduit and raceways for access system based upon guide from card access bid is: $6300.00 Grand total of: $16,757.85 Comparison and direction for City to purchase on its own. 1. Printer priced by vendor at $11,915.00 which included a lesser quality camera and software. 2. Advised that extra ribbon is a prudent purchase up front. 3. A listed item but included in the vendor description of other equipment. 4. Advised that a service contract that extends into the second year of use is beneficial. 5. Priced higher than bid price by vendor but city buys more in quantity. 6. Software offered by vendor @ $512.00 where city can purchase for $330.00 7. Software included in vendor bid but listed for view of savings of major purchase. 8. Camera included in $11,915.00 vendor price but this camera is twice the quality. 9. Computer offered by vendor at $3225.00 when city can purchase same quality and add specifically an un-interruptible power supply to the package. 10. City savings in numerous other areas allowing the addition of a dedicated printer for the card access system reports. 11. Comparable to the vendor estimate. CITY COUNCIL LETTER Meeting of: December 14, 1998 AGENDA SECTION: OTHER 8USI NESS ORIG12xTATING DEPT.: CITY MANAGER NO: Q Community Development APPROVAL No:ITEM: Razing ofHazardous Structurest'l ~/--~k, BY: Mel Collova BY: ~~~~ /'~,~ DATE: December 1, 1998 Issue Statement: The Inspection Department is awaiting District Court permission to abate the following properties: 1260 N.E. 46~h Avenue, 3900 N.E. Central Avenue, and XXXX N.E. 3rd Street. The third street property is still in the preliminary stages and some information is confidential at this time. The 3rd Street property will be abated by hazardous debris removal only. This building will not be razed. Background: The City Council, by resolution (see attached), has declared two of these properties hazardous and staff will approach the Council with the third property as soon as approval is received by the Anoka County Court. This property will be inspected with the assistance of several other agencies including the Anoka County Health Department, Animal Control, and Anoka County Adult Social Services. If these agencies do not unanimously declared the property an immediate hazard, the Council will be approached for a separate action. The Building official will, at a later date, approach the Council for a Resolution to abate the hazard by removal of hazardous materials. The funds for these projects are in place in PIX Project Fund 415 and upon completion all costs will be assessed to the property in the form of a special assessment tax, meeting the guidelines as set forth in the Hazardous Building Statutes. Due to anticipated weather deterioration, staff is requesting the Council authorize staff to solicit bids for the projects from at least three sources and allow staff, the City Manager and Mayor, to enter into a contract with the lowest bidders and to authorize payment upon completion and a successful final inspection by the Building Inspection, Fire, and Public Works Departments. Funds will be used from the PIX Project Fund 415. Recommended Motion: Move to Authorize Staff. to Solicit a Minimum of Three Bids for the Aforementioned Projects, Award the Projects to the Lowest, Qualified, Responsible Bidder, With Funds to be Appropriated From PIX Project Fund 415; and Furthermore, to Authorize the Mayor and City Manager to Enter into an Agreement for the Same. COUNCIL ACTION: RESOLUTION NO. 98- 57 RESOLUTION OF THE CITY COUNCII., FROM TIlE CITY OF COLUMBIA I:I'EIGltTS REQUESTING REMOVAL OF HAZARDOUS STRUCTURES LOCATED AT 3900 NORTII'EAST CENTRAL AVENUE. WHEREAS, there is a substandard building and retaining wall at 3900 Northeast Central Avenue which have been dilapidated, unsafe since February 2, 1998, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this property to be hazardous based on the following code violations as contained in the Finds of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the Abatement of Dangerous Buildings: 302(5) Whenever any portion or member or appurtenance thereof is likely to fail, or to become dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any part thereof, because of (I) dilapidation, deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. 302(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structures at 3900 Northeast Central Avenue are substandard and seriously deteriorated, that they lack minimum standards for habitable space per 1995 MN State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structures be removed, and the lot be graded eliminating the need for a retaining wall. Removal of Hazardous Structure Resolution 98- $7 Page two Conclusions of Council That all relevant parties have been duly notified of this action. That the structures on the property at 3900 Northeast Central Avenue are hazardous and in violation of many local, state and national code requirements. That the structures can not be rehabilitated to bring them into compliance with local, state and national code requirements. Order of Council The remaining portion of retaining wall structure and the existing detached garage at 3900 Northeast Central Avenue, Columbia Heights, Minnesota, is a hazardous.building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Minnesota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to raze the building and retaining wall at the west property boundary within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill as necessary. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the structures shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fixtures at public auction in accordance with law. The City Council further orders that anless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for summary enforcement of this order will be made to the District Court of Anoka County. The City Council further orders that if the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with Minn. Stat. 463.22. The mayor, the clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof against the real estate described above for collection, along with taxes. Removal of Hazardous Structure Kesolution 98- ,5 ? Page three Passed this 1 t ;h day of Ju 1 ¥ Offered by: Sturdevant Seconded by: Jo 11 y R. oll Call: A11 ayes o-Anhe Student, Council-Secretary 8:\Cod¢'~om'~s ,1998. ayor Jd'seP'h Sturdevant RESOLUTION NO. 98-.ss RESOLUTION OF THE CITY COUNCIL FROM THE CITY OF COLUMBIA HEIGHTS REQUESTING REMOVAL OF A HAZARDOUS STRUCTURE LOCATED AT 1260 NORTHEAST 46TM AVENUE. WHEREAS, there is an abandoned portion of a building at 1260 46~ Avenue which has been vacated since March 20, 1996, and WHEREAS, Minnesota Statute 463.15 to 463.26 authorizes municipalities to address hazardous and substandard structures and properties, and WHEREAS, the City of Columbia Heights finds this abandoned property to be hazardous based on the following code violations as contained in the Finds of Fact: FINDINGS OF FACT Dangerous Building Definitions Chapter 3 of the 1994 Uniform Code for the At~atement of~ Dangerous Buildings: 302(5) Whenever any portion or member or appurtenance thereof is likely to fait, or to become dislodged, or to collapse and thereby injure persons or damage property. 302(8) Whenever the building or structure, or any pan thereof, because of (I) dilapidation, deter/oration or decay; (ii) faulty construction; (iii) the removal, movement or instability of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse. 302(9) Whenever, for any reason, the building or structure, or any portion thereof, is man/festly unsafe for the purpose for which it is being used. 302(10) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. 302(11) Whenever the building or structure exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its non supporting members, enclosing or outside walls or coverings. 302(12) Whenever the building or structure has been so damaged by fire, wind, or flood, or has become so dilapidated or deteriorated as to become (I) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 302(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. Removal of Hazardous Structure Resolution 95- 56 Page two 302(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a per/od in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. THEREFORE, BE IT RESOLVED on the Building Official's conclusions that, the structure at 1260 Northeast 46~' Avenue is substandard and seriously deteriorated, that it lacks minimum standards for habitable space per 1995 M2q' State Building Code and 1994 Uniform Code for the Abatement of Dangerous Buildings, and the Building Official is recommending the structure be removed, the perimeter fencing be replaced and the lot be ~aded for future development refilling any and all large excavations presently on the property. Conclusions of Council That all relevant parties have been duly notified of this action. That the vacant and abandoned structure on the proper5, at 1260 NE 46th Avenue is hazardous and in violation of many local, state and national code requirements. That the structure can not be rehabilitated to bring it into compliance with local, state and national code requirements. Order of Council The non-occupied remaining portion of a house structure at 1260 N-E 46~ Avenue, Columbia Heights, Minnesota, is a hazardous building pursuant to Minn. Stat. 463.152, 463.616. Pursuant to the foregoing findings and in accordance with Mim~esota Statutes, the City Council hereby orders the record owner of the above-hazardous building, or his heirs, to raze the building within thirty (30) days of the date of service of this order. The site must then be restored to a safe condition with fill and fencing as necessary. The City Council further orders that personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within thirty (30) days, and if not so removed by the owner, the City of Columbia Heights may remove and sell such personal property and fuctures at public auction in accordance with law. The City Council further orders that unless such corrective action is taken or an answer is served upon the City of Columbia Heights and filed in the office of the Court Administration of the District Court of Anoka County, Minnesota, within thirty (30) days from the date of the service of this order, a motion for summary enforcement of this order wilt be made to the District Court of Anoka County. Removal of I-l'a:,~rdous Structure Resolution 98- 56 Page three The City Council further orders that if'the City is compelled to take any correction action herein, all necessary costs expended by the City will be assessed against the real estate concerned, and collected in accordance with 1Wren. Stat. 463.22. The mayor, the clerk, city attorney and other officers and employees of'the CiW are authorized and directed to take such action, prepare, sign and serve such papers as are necessary to comply with this order, and to assess the cost thereof, against the real estate described above for collection, along with taxes. Passed this 13 t h day of Offered by: Peterson Seconded by: Szurek Roll Call: A1 I ayes July , 1998. 6-~e Student, Counci/-Secretary )~ayor ~'os'e'ph Sturdevant ~ · CITY COUNCIL LETTER Meeting of December 14, 1998 AGENDA SECTION: Items for Consideration ORIGINATING DEPT.: CITY MANAGER NO: ~ Communit~ Development APPRO.V, AL ITEM: Conditional Use Permit ~" 4~-~ BY: Joe Hollman--,~4'Z~' BY: NO: Case~812-52, 3800 Central Avenue DATE: December 8, 1998 Issue Statement: The applicant requests a Conditional Use Permit to open a restaurant specializing in Mid-Eastern cuisine in the building formerly occupied by Bridge man's Restaurant at 3800 Central Avenue NE. Background: According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required if the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9. t 16(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Please note that the restaurant opened and operated on December 7 and 8 prior to City Council approval. Staff met with the owner at the site on December 8 to discuss the recommended conditions of approval along with the illegal operation of the business. At the time this Council Letter was written, staff expects that the restaurant will be closed until after December 14. Staff also expects to have a site plan and floor plan available for review prior to the December 14 meeting. Analysis: The existing parking lot meets the minimum number of parking spaces required. Although, one handicap accessible space will need to be made van accessible. Existing ingress/egress routes will continue to be utilized. However, the Minnesota Department of Transportation will be providing new median openings in Central Avenue to accommodate proposed improvements being made to Central Avenue, so the southerly access point will need to be shifted to the south to accommodate the location of the median crossing on Central Avenue. Because of this, the parking spaces will need to be shifted to the west to allow for a curbed bump-out which will protect parked vehicles from traffic entering and exiting the site. As a result, some parking spaces may be lost which may necessitate a variance. Essentially, there will be one median opening that will provide access to Bridgeman's for northbound traffic and access to the east site of Autoworld for southbound traffic. A diagram illustrating the long term plan for this layout is attached. Currently, solid waste material is being stored in a nonconforming manner as it is not kept in an enclosed container. The site plan does not indicate any areas for snow storage or loading and unloading. Ptease find the following information attached: Staff Report; Completed application form; site platt; Central Ave. layout; Menu submitted to Health Department; and Public Notice Recommendation: The Planning and Zoning Commission held a Public Hearing for the Conditional Use Permit request on December 1, 1998. They voted unanimously to recommend City Council approval of the request, subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of a restaurant in the Retail Business Zoning District at 3800 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 4. The screening fence shall be maintained in a safe and functional condition. 5. A site plan drawn to scale shall be submitted for review and approval by staff. This site plan shall provide at a minimum, the following information: layout of parking lot; modified access point; van accessible parking space; provisions for loading/unloading; dumpster enclosure; and snow storage. 6. At least one van accessible handicap parking space shall be provided as near as possible to the main entrance to the building. This space shall be clearly marked and signed. 7. The parking lot. shall be restriped and circulation routes shall be clearly marked. COUNCIL ACTION: Case: 9812-52 Page: 1 Case #: Owner: Address: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE DECEMBER 1, 1998 PUBLIC HEARING 9812-52 GENERAL INFORMATION Cky Realty, Inc. Bridgeman's 5402 Parkdale Dr., Ste. 200 St. Louis Park, MN 55416 Parcel Address: 3800 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Applicant: Mohamed M. Samaha 2801 Nicollet Ave. Minneapolis, MN 55408 (612) 870-7871 Surrounding Zoning and Land Uses: North: RB Zoning Land Use North: Commercial South: RB South: Residential East.' RB East: Commerc/al West: R-3 West: Residential BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit to open a restaurant specialiv, ing in Mid-Eastern cuisine in the building currently occupied by Bridgeman's Restaurant at 3800 Central Avenue NE. The applicant does not propose to make any physical changes to the site. Note that I discussed the request with a representative from Bridgeman's Headquarters and they are aware of this Conditional Use Permit application. Case History: There are no previous Planning and Zoning Commission cases on the site. The building was constructed in 1962 and there was a 595 square foot addition built off the west side of the structure in 1974. Case: 9806-26 Page: 2 ANALYSIS Surrounding Property: The surrounding property to the north, south, and east is zoned RB, Retail Business while the property to the west is zoned R-3, Multi-Family Residential. The property to the north and east is used commercially. The adjacent property to the south is a nonconforming residential use, and the property to the west is also used residentially. Technical Review: According to Section 9.113(2) of the Zoning Ordinance, a Conditional Use Permit will be required ff the proposed use contains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.116(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - subject parcel meets this requirement; · Lot Area shall be at least 6,000 square feet - subject parcel is over 16,000 square feet; · Front Yard Setback shall be 15 feet - existing structure does not meet this requirement; · There is no side yard setback requirement; · Rear Yard Setback shall be 20 feet - existing building meets this requirement; · The floor area ratio shall not exceed 1.0 - the building has a total square footage of'3,635 square feet, so the property has a floor area ratio of approximately .2 which exceeds this requirement; · Need minimum frontage of 40 feet - subject parcel exceeds this requirement. The existing building is legally non-conforming as it does not meet the 15 foot front yard setback requirement. Provided the building is not vacant for a period of six months or more, the building can continue to be used without a variance. Note that the location of the building became non- conforming when the area was rezoned from CBD, Central Business District to RB, Retail Business earlier this year. The site plan found in the property records f'de indicates that there are 33 spaces on the site. Note that this plan does not accurately reflect the parking layout on the site. I was not able to f'md a plan showing the actual layout of the site, and one was not submitted with the application. I requested a plan from Bridgeman's Headquarters and they were not aware of any site plans in their records. The attached site plan was modified by staff after visiting the site. Parking for a restaurant requires at least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. At this point, I have not seen a design layout, so based on the 1 space per 35 square feet of floor area used for the public, 37 spaces are required. This requirement could be lessened, depending on the seating design. One (1) handicap accessible space is required for every 50 regular spaces. As a resuk, only one handicap space is required which shall be van accessible. This space will need to be clearly marked and signed. The existing parking layout has 90 degree parking and vehicles can enter and exit utilizing either access point. 37 parking spaces were counted including two handicap spaces, neither one is van Case: 9806-26 Page: 3 accessible. The parking lot meets the minimum number of parking spaces required. Although, one handicap accessible space will need to be made van accessible. This can be accomplished by providing an eight foot aisle alongside the space. Existing ingress/egress routes will continue to be utiliT, ed. However, the southerly access point will need to be shifted to the south to accommodate the location of the median crossing on Central Avenue. Because of this, the parking spaces will need to be shifted to the west to allow for a curbed bump-out which w/il protect parked vehicles from traffic entering and exiting the site. As a result, some parking spaces may be lost which may necesskate a variance. Note that the Minnesota Department of Transportation will be providing new median openings in Central Avenue to accommodate proposed improvements being made to Central Avenue. Essentially, there will be one median opening that will provide access to Bridgeman's for northbound traffic and access to the east site of Autoworld for southbound traffic. The access points for Bridgeman's and Autoworld are not directly across from each other. As a result, the opening onto Bridgeman's will need to be shifted to the south and the opening onto the east site of Autoworld will need to be.widened roughly five feet to the north. A diagram illustrating the long term plan for this layout ks attached. Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building having 2,500 - 6,000 square feet. I was not able to determine the location of loading and unloading on the ske. All open off-street parking areas shall provide a bumper curb of 5-7 inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. The parking lot ks surrounded by a combination of constant per/meter curb and individual bumper curbs which meets the Ordinance requirement. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed conta/ner for such purposes. Currently, dumpsters are located off the southwest comer of the building and they are not enclosed. Staff will recommend as a condition of approval that an approved enclosure be provided. Where any business ks adjacent to a residential use, that business shall provide screen/ng along the boundary of the residential property. Screening can be accompEshed by a privacy fence that ks not less than six feet high and not less than 50% opaque, or it can be accompEshed by providing plantings along the residential property. Currently there is a privacy fence along the property lines abutting a residential use/dkstrict. However, there have been issues in the past regarding the condition of this fence. The site plan does not indicate any areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage. It does not appear that there ks much room on the site for snow storage. Because of the lack of information on loading and unloading, and considering that the configuration of the parking lot will need to be modified slightly, staff will recommend as a condition of approval that the applicant work with an architect or engineer and submit a site plan illustrating the actual layout of the parking lot, taking into consideration the necessary changes. Case: 9812-52 Page: 4 This plan should provide information on the following: layout of parking lot; modified access point; van accessible parking space; provisions for loading/unloading; dumpster enclosure; and snow storage. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent wkh the Cky Comprehensive Plan. Summary: The positive aspects of this proposal are as follows: 1. The proposal is consistent wkh the Cky Comprehensive Plan. 2. Approval of the Conditional Use Permit will allow for an appropriate reuse of the building. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to the proposal. CONCLUSION Sra#f Recornmendarion: Staff recommends approval of the Conditional Use Permit for a Mid-Eastern restaurant in the RB, Retail Business District at 3800 Central Avenue, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of a restaurant in the Retail Business Zoning District at 3800 Central Avenue, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. 3. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 4. The screening fence shall be maintained in a safe and functional condkion. 5. A site plan drawn to scale shall be submitted for review and approval by staff. This ske plan shall provide at a minimum, the following information: layout of parking lot; modified access point; van accessible parking space; provisions for loading/unloading; dumpster enclosure; and snow storage. 6. At least one van accessible handicap parking space shall be provided as near as possible to the main entrance to the building. This space shall be clearly marked and signed. Attachments: Completed application form; site plan; Central Ave. layout; and Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other RECEIVED ' mi 1 ~ 1908 Case NO: .'OMMUNtTY DEVELOPMEN] Fee:~"Lr-9 Receipt No: Date Paid 1. Street Address of Subject Property: ~ ~OO ~.~--~{~-[ /~/.,/~-' /P'[~' 2. 'Legal Description of Subject Property: e Description of Request: r~- 'ff'-e- % '~ ~---'--~ m,-~, ~ Owner: Zonin~: Applicable City Ordinance Number Present Zoning ~7--> Present Use '~~ /~"r '-~u*~-::¢? Section ~ '/ Proposed Zoning. Proposed Use 7. Reason for Request: Exhibits Submitted (maps, diagrams, etc.) AcknowledMment and Signature: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of ~innesota. · Taken bO00000000 WELCOHE CHILDREN'S MENU All prices subject to Hinn~ota Sa~es Tnx. Ali foods cooked to order. - Carryout available - We cater for any occasion. Remember, good food takes time to prepare. FRMILY SIZES FOR TAKE HOME AT REOUCEO PRICES AVAILABLE. Fo~ ~ otder~ m/'~n~c'e nor/ce Is requested. APPETIZERS HOMIqO$ DiP - ~.-.~ ~r~c ~ co,.~ny ,.~.~ ..,~ ~ ~,, ~. ~ ~ ~.~ ~ ............... 4~0 JAVA CONBI~TION - ~ ~ ~ ~ ~IL PLA~ER - F~. r.~ ~ ................ 7.~ ~. ~,~ ~ ................................ 7.~ r~s~ ~ .............. ~,~ 8.50 ~ 10~0 ~ ~;~ ~co ~ .............. ~ 3.50 ~ ~.50 SPI~H PIE - ~ ~o~ ~, G ~ ~(~p ............. ~, 2.50 ~o 3.~ CHEESE NUGGE~ & ONION RINGS LENtiL SGUP 3.00 AWADA'S VEGETARIAN ~UP 3.00 POT HERB SOUP 3.00 SALADS LE~IL SALAD 3.SO ~ lettuce, onion,,~ee~ ~e~ I~OI; and ~ ~1 ~uce. ~RBANZO SALAD Oi~ te~c~, on~, s~¢ ~d ~ c~k ~as and ~ ~IRO SA~D 3.50 Oisp ~tc~e, ~lic~ ~oma~o. an~, green ~n ~r and T~Jn~ ~a~e. TABBULY SA~D 3.50 ~ut (cr~k~ ~t), Com~o, ~e~ ~s, ~r~, te~ Juice, ~e ~l ~ our ~ial ~ EGGP~ S~D 3,50 CUCUMBER-YOGU~ SALAD 3.50 Sliced cu~m~r ~ ~ ~me~ mine y~rL HERBED C~I~E~ SA~D 4.50 SANDWICHES ~on. ~ ~ ~ ~c~ ~ ~e ................. 4.~ 3. KOFTA ~OB ~, ~to ~ ~ ~e .......... 4 ~ 4. aL ~U~ CHIC~N ~B ;~ ...... ~ .... ~ ~~ ~E~ ~ ~', ~e .............. S.O0 ~. ~nl~Reff N YEG~LES ~PER ~ BEEF ~ V~A~S ~PER " ~o,, ~ ~ wm~ ~h ~e, ........................ 4.25 PLATES All Piate~ served wah { i) SHAWIRMA (~) ... 6.9S (3) K~TA ~BOB.. 6.95 2) SHISH ~OB ....... 6.9S (4) ALM~SU~ .... 6.95 ...~;~.~ to) ~unul~ON (Hut DISHES) ~se ~y (~ ~ chtee ~:~ ~ ~ates ......... 8.95 (7) ~B MEH~MAR Farm Fte~ ~ "A' ~ed ~L (~ are h~ ~ ~o:~n, ~ In Ca.ms, (8) ROSA MOO~ ~,~ (9) $AMAK (FISH) o, an. sp~e~ ~ ~k~, ~e~ (10) ~TFISH FILLE~ ~e~ ~led wi~ rice ~1~ Nca ~ s~ce ........... 8.95 (11) OJ~ (CHICKEN) ~ f~r cu~, ~ ~ ..... (12) AMi~'S BEEF N' ~G~ABLES ~ed w~ rice ~d ~a ............................ 8.95 DINNERS !. SHAWIRMA (Gntos) ........................ 10.95 2. SHISH KABOB .............................. 10.9S 3. KOFTA KABOB .............................. 10.95 4. ALMANSURA ............................... 10.95 ~ ~nd lfle,q flne¥ ~'ou,'~d ~d ~ .................. 10.9S 6. COHBINA~OH (H~T DISHES) ~ 7. ARNAB HEHAH~ ~, f,~w ~ m~ ~- .,~ ~ ~, F~c ~ e~t ~ ~t.] ...................... IO.~S 8. ROSA HO0~ ~ ~ ~ ~ ~oto ~. ~ ~ ~ ~1~( ................. 10.~$ 9. SAHAK (FISH) ~ ~ ~ ~, ~). s~ic~ a~ b~k~, se~e~ wl~fl ece ~I~ ~a ~e ....... 10,95 i0. ~TFISH FILL~ se~ ~ w~ ,~e ~ ~a ~ ~ce ................. 10.95 12. AHI~'~ BEEF N' ~G~ABLES ~ beefi grilled ~1~, ~r~ & ~ ~,~e o,d ~o,~ ~o ~ ~as~e .................. tl.95 14. ~HM MASH~ a~ L~ ~. IS. COUNTRY SHRIMP S~PLE~ .............. IL95 A. S~amed or Fried Pla~r B. Ste~ a Shrimp C. Chkken t Sh~p D. Fish & Sh~mp (Ca~sh or Orange Roughy) X-TI S Falafll Patty .............................. (e~h) .50 Sauce ~H~,~,~,; ~,,~. ~. t,~,~, m,,-~,. ~ ~,,~,~ ..... 50 Rice Pilaf. ...................................... I.S0 Shawirma (Gyros) ............................. I.S0 Homemade French Fries ....................... Kofta Kabob ............................. (ea~) .95 Pita Bread ..................................... Nuggets & Onion Rings .............. 2.00 VEGETARIAN FALAFIL SANDWICH Pt'e~m~.d/gore ~ grom~ f'~a t~.ans c~ d~,.d/nCo ~ ~cies. 2. FA~IL ~A~ ~3. s~ ~ ~. ~ ~, ~ ~ ~ ............ 6.95 FOUL ~DWICH 4. FOUL P~ ~me ~ ~ ~m ~ F~a. ~ ~i~ s~, F~ ~ ~ ~ni ~ ............ 6.9~ 5. FOUL ~D FA~FIL P~TE S~ w~ ~a~, ~re~, ~ ffl~ ~ c~tnt ~ ....... 6.95 6. FA~IL N' ~GETABLES SANO~CH ~z~m ~ a ~ t~ ~ ................... 4.~ 7, KHU~R MIGL~A ~ ail ~ wRh ~. 8. ~G~ COMBI~TION P~ DESSERTS BA~LAWR ............. 1 25 !.75 BEVERAGES Coffee. lAS Hot Chocolate ..................................!.05 Mango Juice ............................ ......... i.25 Mango Juice Mix (with Sprite) ..................1.05 Rania Lemonade - Iced ......................... 1,05 Lemonade with Mango Juice .................... LOS Lemonade ...................................... LOS Milk ..........................small ,95 large 1.0S Ranla Drink (H~',c~. tamarind and Spies)~ced or Warm .. L25 Ranla Drink Mix (with Sprite) ............... !,05 Tea (e~ ~. o~. Mi.t) ....................... LOS a Ranla DHnk (to go only).., CITY OF COLUMBIA HEIGHTS (!--) John Hunter ~90 40TH AVBNUE N,E,, OOLUMBIA HEIGHTS, MN ~421-28~8 (612) 782-2800 TDD ~82-2806 ~E~ete~¢~ ~om Ramsde/l PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING · Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, December 1, 1998. The order of business is as follows: A request for a Conditional Use Permit to allow a restaurant specializing in Mid-Eastern cuisine to move into the building at 3800 Central Avenue (formerly Bridgeman's Restaurant). Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants the RB, Retail Business Zoning District. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782- 2800, extension 209, to make arrangements. (TDD/782-2806 for deaf or hearing impaired only.) THE CITY Of COLUMBIA HEIGHTS DOES NOT DJSCR~MINATE ON THE E~A$[S OF D[SABILIT~ IN EMPLOYMENt OR tHE PROVISION OF SERVICES EQUAL OPPORtUNI~Y EMPLOYER COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) REGULAR MEETING MINUTES OF OCTOBER 20, 1998 CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (EDA) was called to order by President Peterson at 7:00 p.m., Tuesday, October 20, 1998, in the Parkview Villa Community Room B, 965 40~ Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: Gary Peterson, Marlaine Szurek, Robert Ruettimann, and Don Jolly Joseph Sturdevant, Richard Dustin, Patricia Jindra Wait Fehst, Executive Director Ken Anderson, Deputy Executive Director Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Admin. Bill Gault, Parkview Villa Maintenance PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA - Ken Anderson requested to add an item to the Consent Agenda 4& for a con£n-mation vote of the $8,900 expenditure on purchase of a commercial water heater and installation at Parkview Villa North. Mr. Anderson had previously spoken to all Commissioners and received individual verbai approval to proceed with the emergency installation. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. I) Approval of Minutes a. Regular meeting of September 21, 1998. Move to adopt the minutes of the September 21, 1998 regular meeting as presented in writing. b. Speciai meeting of September 29, 1998 Move to adopt the minutes of the September 29, 1998 special meeting as presented in writing. 2) Financial Report and Payment of Bills. a. Financiai Statement - September, 1998. b. Payment of Bills - September, t998. Move to approve Resolution 98-14, Resolution of the Columbia Heights Economic Development Authority (EDA) approving the financial statements for September, 1998 and approving payment of bills for September, 1998. c. Acquisition of Replacentent Toilets. Move to approve the acquisition of three Eljer wail hung power assisted toilets, two wax rings, one wail bracket, saies tax, and labor to Ryan Plumbing and Heating Company in the total amount of $4,058.21 and that all related expenses be reimbursed from Fund 203-46330-4000 and 203-463304395. d. Purchase and Installation of Water Heater ?arkview Villa North. Move to con£wrn the award for installation of a commercial water heater, motorized damper, and paddle switch to Ryan Plumbing and Heating Company, based upon their qualified, responsible bid in the amount of $8,900 with funds to be appropriated from 20346330-4030; and furthermore, to authorize the President and Executive Director to enter into an agreement and payment for the same. MOTION by Ruettimann, second by Szurek, to adopt the consent agenda items as listed. All ayes. MOTION CARRIED. Ms. Szurek questioned the availability of the speciai toilets for Parkview Villa and if this would be a problem in the future. Mr. Gault stated they are available, but it is best to have one on hand as it takes twenty-one weeks to order this speciai type of wail hung, water saving toilet. He stated the damaged toilets are being kept for usable parts. Ms. Stoopes-Mokamba indicated the purchase of one toilet has been included in the budget for 1999. Economic Development Authority Minutes October 20, 1998 Page 2 REPORT OF TI-IE MANAGEMENT COMPANY A. Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator. Ms. Stoopes-Mokamba reported the common area carpet cleaning by Chem Dry was very satisfactory with little smell, was quick drying and had pleasing results. She is in the processing of rewriting the security camera specifications and should have them ready to present to the Commission in November. Safeway is working on the emergency panel system. The obsolete panels will be removed and the area will be sheet rocked. The informal hearing for the resident of apartment #601 has been accepted. Mr. Peterson questioned why it took so long for this apartment to be rented. Ms. Stoopes-Mokamba indicated there was a grievance pertaining to this apartment. Normally, under Occupancy Standards a vacancy will be filled in 60 days allowing time for the next renter to give notice. The four-plex will be filled December 1s~. A Memorial service and dedication of the Birdbath were held on October 15. The bazaar was a great success. New uniforms are being worn by staff. Ms. Stoopes-Mokamba indicated she has passed the NAHRO Public Housing Manager certification exam. Ms. Stoopes-Mokamba introduced Mr. Bill Gault, Maintenance Supervisor for Parkview Villa, who was present to explain and answer questions on the problems with the water heater at Parkview Villa North. Mr. Gault explained one of the four heating units, designated for the heat exchanger, started leaking. Four shut-offs and one butterfly valve were installed to isolate the boilers. In bringing the system on-line, one of the four boilers developed a crack. There was no shut-off valve to take this one boiler out of the system so all four boilers were shut down. It ~vas arranged for Ownes Services Corporation to replace the cracked boiler on October 21, 1998. St should take one day and the heating system will be back to normal. A shut-off valve will also be installed. Commission members/vere informed on the aging of the equipment and the corroding of pipes that cause breakage when you use a wrench to loosen them. It will also be necessary in spring when heating is no longer necessary to install more shut-off valves. Mr. Gault explained how the heat exchanger system works. Ms. Stoopes-Mokamba indicated a memo has been sent to residents explaining the situation and she thanked Mr. Gault for his tremendous job in working through this problem and the electrical storm last year. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS - None. PUBLIC I-IEARINGS - None. ITEMS FOR CONSIDERATION A. Other Resolutions - None. B. Bid Considerations - None. C. Other Business 1) TIF Analysis. Mr. Anderson discussed the ongoing activity with Springsted, Inc. to do an analysis of all Columbia Heights Tax Increment Financing Districts. He spoke with Springsted, Inc. representative, Nick Skarich, today who indicated they have ail the information they need to discuss findings on revenue based items. They still need the expenditures and what the fund balances were at the end of 1997 to complete an accurate total picture. Mr. Anderson indicated he will be meeting with representatives on Thursday, October 22, at 11:00 to provide more information and discuss a bond issue the City is contemplating. It appears there may be an issue on the expenditure side with bonds issued that have a debt service schedule not broken down by district. The Legislature now has stricter requirements requiring a total breakdown by district. This analysis should be before the Commission at the November meeting. Mr. Ruettimann requested the Springsted, Inc. representatives be asked about the shifting of property tax from commercial to residential as it will have a major impact on TIF and we need to know the shortfall anticipated so the EDA may apply for state funds to offset the projected deficits in February or earlier. Mr. Ruettimann requested the Commission receive the report as soon as it is complete so they may study the information. Mr. Anderson indicated the report should be ready in two weeks and will be sent under separate cover to the Commission. For example, he indicated the 1998 taxes collected on the Medtronic property were $238,000 and in 1999 because of tax changes it will go down to $208,000, or $30,000 less in one year for just that Economic Development Aumor~ty Minutes October 20, 1998 Page 3 one district. Mr. Ruettimann stated this would not really affect us as they chose to pay up front and it will just take them longer to get paid back. Mr. Anderson indicated he has agreed to sponsor a meeting of approximately 13 Community Development Directors in November regarding special legislation contemplated by anyone in the group. He would like to find out what the other cities have in the way of tax increment shortfalls and whether, through special legislation, there is a way to address these shortfalls. This will also be looked at by the North Metro Mayors Association. 2) Regional Remodeling Handbook. Mr. Anderson refreshed Commissioner's memories on the Regional Remodeling Handbook and the request to budget $5,000 toward covering architectural fees. 13 other communities have already committed to the project. Mr: Anderson recalled the request to solicit local financial institutions for contributions as they would benefit from related home equity loans. There was one donation of $250 from Northeast Bank. First Community Credit Union responded with a request to first see the City contribute to the project. TCF had a change in managers and a new letter was sent. Mr. Anderson asked for Commission direction and indicated that if they wish to contribute a funding source would need to be identified. This Regional Remodeling Handbook would be a great asset to residents in housing rehabilitation. MOTION by Mr. Ruettimann, second by Mr. Jolly, to recommend the City Council contribute $5,000 to participate m the Regional Remodeling Handbook; and furthermore, to authorize the President and Executive Directbr enter into an agreement for the same with funds to come out of the Special Antenna Fund, as a loan, with direction that the funds be replaced as they are'recouped from sales of the book, and to refund the $250 to Northeast State Bank or give them an amount of the Regional Remodeling Handbooks equal in value to their donation. Ail ayes. MOTION CARRIED. Mr. Ruettimann stated the original intent was to contact local banks to see if they would be interested in purchasing the Regional Remodeling Handbook. Mr. Ruettimann will contact local banks to correct the confusion and inform them the books wilt be available to them at cost. 3) Approve Purchase Agreement for 4216 Central Avenue NE. Mr. Anderson presented a draft Purchase Agreement for 4216 Central Avenue NE. This will be held until after the receipt of the deed for this purchase fxom Anoka County and a public hearing is held by the EDA to sell to Mr. Nedegaard. It is Mr. Nedegaard's intention to use the three adjacent properties for an office building with enough space for his business and additional office spaces available for lease. Mr. Walt Fehst arrived at 7:55 p.m. Mr. Jolly questioned if the utilities had been abandoned at 4216 Central Avenue NE. Discussion included wording on the draft Purchase Agreement for utilities, length of time before sale, and length of time before construction begins. This is a 50 foot wide lot where the house and garage have been removed and also needs the underbrush cleared. Mr. Nedegaard is interested in this property to afford his business more parking. Mr. Ruettimann indicated utilities are available to this Itt. There has been a verbal agreement with Mr. Nedegaard to purchase 4216 Central Avenue NE for the tax forfeit amount of $11,829 paid by the EDA to Anoka County, plus compensation for legal fees. Mr. Anderson suggested a time frame of "commencement in 24 months and completion in 36 months" be discussed with Mr. Nedegaard. Mr. Ruettimann suggested the existing structure on the adjacent lot be removed in 12 months. Ms. Szurek stated she would like to see the parcels combined and would not want the lots to remain split. Due to the extensiveness of this agreement, Mr. Ruettimann suggested it be sent to Mr. Nedegaard for his comments. MOTION by Szurek, second by Jolly, to approve the Purchase Agreement between the Columbia Heights Economic Development Authority and Bruce A. Nedegaard for property located at 4216 Central Avenue NE, P.I.N. F35 30 24 14 0077 with removal of the structure within 12 months and construction on or before 180 days; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. Ail ayes. MOTION CARRIED. Economic Development Authority Minutes October 20, 1998 Page 4 4) Fire Department Training - 3913 Polk Street NE. Mr. Anderson conveyed the Columbia Heights Fire Department's request to use 3913 Polk Street NE for periodic training purposes. Staff has requested the Fire Department personnel notify adjoining neighbors of the training. This property is scheduled to be demolished along with two other structures when competitive bids can be obtained. Ms. Szurek requested the training initially be non-invasive so the appearance of the structure is not obtrusive to the neighborhood. MOTION by Mr. Ruettimann, seconded by Mr. Jolly, to authorize the Fire Department to utilize the single family dwelling structure at 3913 Polk Street NE for Fire Department training services provided adjoining property owners are notified of pending Fire Department training, the garage will no.._~t be included in training purposes, and all guidelines will be observed as listed in the October 5, 1998 memorandum from Assistant Fire Chief, Dana Aiexon. Ail ayes. MOTION CARRIED. 5) Recommend Approval of Property Tax Payment for Sheffield T[F District M8. Mr. Anderson indicted that initially when the original core block was developed there was an agreement between the City and First Choice Homes, Inc. First Choice Homes, Inc. purchased individual lots and would sign individual mortgage deeds that would be prepared by Jane Gleason, Assessment Clerk. Then, within 90 days First Choice Homes, Inc. would find a buyer, have a closing, and sell the home. We would then send the mortgage deed and quick claim deed to Anoka County. Anoka County then set the value for tax increment purposes after the house was constructed so there was no increment value. The mortgage deed should have been sent to Anoka County before the houses were .constructed. Staff discovered there was no increment coming in on the properties and discussed this with the County who agreed to go back and set the base value on the vacant land value only 'for tax increment purposes. This resulted in eight properties where real estate taxes were due for a total of S6,~91.29. This is the portion that was due prior to the eight parcels being built. We need to pay this in order to get the additional increment in future years. Mr. Ruettimann questioned what funds would be returned, as this was sold as a bulk package. Mr. Anderson stated no funds would be returned as some were tax exempt and that the actual parcels were not conveyed to First Choice Homes until they bought them individually after and were sold by them with homes on them. Discussion on the development continued including time lines, incentive agreement returns, property values, etc. and questions on the accompanying handout. Mr. Ruettimann indicated it is obvious the past taxes need to be paid, but stated to make sure this is clarified and resolves the issue. Mr. Anderson indicated the funds can come from the Temporary Housing/Vacant Property Account, 235-46385. Mr. Ruettimann asked if ACCAP funds are available and to possibly use them. Mr. Anderson stated it needs to be clarified if that money is considered program income for CDBG and if there are any limitations for that. He is trying to get a written opinion from HUD and Anoka County about what constitutes program income. MOTION by Ruettimann, second by Szurek, to recommend the City Council approve payment to Anoka County in the total amount of $6,291.29 for past due taxes in the Sheffield Tax Increment District M8; and furthermore, to authorize the City Manager and Mayor to appropriate funds from whatever eligible and most flexible funding is available to the EDA. All ayes. MOTION CARRIED. 6) Section 8 Report. Mr. Anderson reported there have not been a lot of changes. There are 47 Certificates and Vouchers, with port-ins down to 104 and seven port-outs. He stated a letter has been sent to Tom McElveen with the Metro HRA. He has also spoken to Mary Ahem, Metro HR, asking them to accept administration of the Columbia Heights' 50 Certificates and Vouchers along with other stipulations requested by the Commissioners. The EDA authorized Mr. Anderson to offer Jennifer Bergman a part-time position of approximately 10 hours per week to assist with necessary Section 8 activities. 7) CDBGfM'HFA Report. Mr. Anderson handed out a spread sheet listing all Fix-Up Fund requests and their status. One request was received last week and four requests are in process. CDBG Loan C98-02 is currently soliciting contractor bids for the second time, but they are having difficulty finding contractors to bid the job as they are all very busy and booked into Spring 1999. He is researching to see if the County will waive the required two bids or looking at Economic Development Authority Minutes October 20, 1998 Page 5 possibly processing it as a Fix-Up Fund Loan. This has been difficult. There still are a lot of CDBG Funds to be used. Monies from July of 1997 need to be under contract by December 1998. Mr. Anderson asked if there was an area the Commission would like to target for use of CDBG Funds. There are two properties located between 37~ Avenue NE and 39~ Avenue NE on the west side of Central Avenue NE that might be considered for commercial revitalization. A contract is necessary before the end of the year to utilize the $129,000 in commercial revitalization funds. Being without a Housing Coordinator he stated we are not having good progress using the CDBG money. Jim Kordiak has informed Mr. Anderson that NAPA may be moving in four to twelve months to another site. Mr. Ruettimann suggested looking at the area adjacent to Pro Ex Photo and possibly expand into a mail. Ms. Szurek asked if the sign variance approved for NAPA at the Columbia Heights Mall would interfere with the Transit Hub. This will be examined during development. Ms. Szurek mentioned the buildings next to the radiator shop at 42~ and Centrai Avenue NE. Mr. Jolly asked if the SACA house could be placed on the Scattered Site District. Mr. Fehst indicated there would be no benefit as that is a tax exempt property owned by the City. Commission members directed staff to research market vaiues on the two properties between 37~ and 39~ and the two properties on Centrai and 42~d. 8) Review of MI-IFA Loan Applications - none. 9) 4519/4521 Taylor. Mr. Anderson indicated he is working with Anoka County to determine what limitations may exist on 4519/4521 Taylor based on CDBG funding from the past. We have a verbal con£zrmation from HUD and will get written confrrmation on the formula that we calculate what the costs are, what costs came from CDBG and then calculate how much of the income that comes off the property is considered program income. We are then obligated to send that program income to Anoka County and make a request for whatever eligible purpose is desired to have that money come back to us. Mr. Ruettimann remindect staff that administrative fees and interest are deductible. Mr. Anderson is waiting for clarification before advertising this property. Following a complaint regarding broken screens and windows at 4642/4644 Taylor Street, Bill Mattson Construction was hired to fix and replace the damaged property and another company was hired to clean out the gutters and remove vines from the fence. The Fire Department will do a reinspection on November 12, 1998. Mr. Mattson contacted Mr. Anderson to inform him there is an extensive mold problem on the second floor of the building possibly caused by moisture behind the wail and in the insulation. 10) Consider Acquisition of Tax Forfeit Lands. Properties to consider for tax forfeiture acquisition are 1334 44 ½ Avenue NE and 4241 7mStreet NE. 1334 42 ½ Avenue NE was the site of the "sick house" and has 60 foot pilings buried there. This is a "Buyer Beware". Mr. Ruettimann asked if these properties would be good sites for mini parks. The property at 44 1/2 Avenue NE is very close to Keys Park. Ms. Szurek suggested staff check the engineering reports and conduct soil tests on these lots. Mr. Peterson suggested speaking with adjacent neighbors to see if they have any interest in purchasing the property or give them the area to maintain and use for planting gardens. Mr. Anderson suggested the EDA would not want to be involved in the chain of title for the property if there are problems with the soil. Also, there are no funds available. Mr. Ruettimann suggested informing the neighbors these properties are going tax forfeit. Commissioners asked if these lots would be sellable to build on and if there is an alley available. Mr. Anderson stated 4241 7m Street is buildable. The size of the lot was discussed. The County needs to be notified by October 30, 1998. Staff indicated there are outstanding speciai assessments at 4241 7* Street of $7,941. Mr. Fehst suggested also purchasing the adjacent lot to have an 80 foot lot available. Mr. Ruettimann felt 4241 7m Street should be pulled off the tax forfeit list and with the speciai assessment owed, the EDA may be able to make an even trade or $1 to purchase the property. MOTION by Ruettimann, second by Szurek, to authorize the President and Executive Director to notify the County that the City is interested in the tax forfeit property at 4241 7m Street and to inform them the Commission would be willing to match the dollars owed to the City for Special Assessments; and furthermore, with funds to come from eligible qualified funds to be determined and repaid with the sale of the property. All ayes. MOTION CARRIED. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Economic Development Authority Minutes October 20, 1998 Page 6 Mr. Anderson stated Mr. Fehst has been notified by Met Council of several questions on the Livable Communities Demonstration Grant presentation that need to be submitted by Friday noon. He explained the questions to be answered. Mr. Anderson deferred to Mr. Jolly who is the representative on the North Star Corridor. He indicated six million dollars has been given for the commuter rail transit study phase and this project may be a possibility very soon. Mr. Anderson indicated staffis trying to work through the details on the St. Timothy project with Mary T. They are trying to make cuts, but maintain the same level of quality and unit sizes for the proposed senior housing. B) Report of the Executive Director. Mr. Fehst is in contact with Medtronic on the Phase II development which may be connected to what is happening in Fridley. The Phase I building suits them. CITIZEN FORUM TO ADDRESS EDA ON MATTERS NOT ON THE AGENDA Ms. Szurek asked why the Citizen Forum is at the end of the meeting as this may be too late for some people who may have questions for the EDA Board. Mr. Anderson stated this is because of the agenda format in the By Laws. Mr. Ruettimann suggested this could be changed on a temporary basis by amending the current agenda to have the Citizen Forum after the Management Company Report. Mr. Ruettirnann stated the agenda would have to be flexible if a presentation was scheduled. MOTION by Szurek, seconded by Ruettimann~ that on a temporary basis, for the next two agendas, the EDA Board will consider an open mike forum immediately after the Management Report on a trial basis. All ayes. MOTION CARRIED. MEETINGS The next EDA meeting is scheduled for 7:00 p.m., Tuesday, November 17, 1998 in Community Room B at Parkview Villa. ADJOURNMENT Meeting adjourned by President Peterson at 9:40 p.m. Respectfully submitted, Patty'y-Muscovitz Recording Secretary City of Columbia Heights Park and Recreation Commission November 12, 1998 The meeting was called to order at 6:37 p.m. by Chairman Eileen Evans. ROLL CALL Members present: Eileen Evans; Jerry Foss; Gary Peterson; Bob Ruettimarm; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Also present: Dan Edgerton and Bob Barth; Bonestroo, Rosene, Anderlik & Assoc. Members absent: Bruce Magnuson; Gary Mayer; James Nelson CONSENT AGENDA The following items were on the consent agenda. APPROVAL OF MINUTES Move to approve the minutes of the October 28, 1998 meeting. APPROVAL PAYMENT OF BILLS Move to approve payment of bills as listed from the proper funds. APPROVAL CONSENT AGENDA Motion by Foss, second by Peterson to approve the consent agenda. All ayes, motion carried. LETTERS AND REQUESTS REQUEST PERMISSION TO HAVE A GAZEBO & CHAIRS IN HUSET PARK/KATHALEEN POTE Members discussed the request. Motion by Peterson, second by Foss to grant Kathaleen Pote permission to have a gazebo and chairs in Huset Park on June 5, 1999 from 2:30 to 6:00 p.m. for her wedding. All ayes, motion carried. OLD BUSINESS MENU SELECTION FOR DECEMBER PARK & RECREATION COMMISSION MEETING Members advised staff of their menu selections for the December l0th meeting. The dinner will take place at Jax Restaurant, 1928 University Ave. N.E., Minneapolis, at 6:30 p.m. PAGE TWO '~ARK & RECREATION COMMISSION MINUTES MEETING OF NOVEMBER 12, 1998 NEW BUS]iN-ESS PRESENTATION & DISCUSSION OF PROPOSED PRESTEMON PARK STORM WATER IMPROVEMENTS The Public Works Director/City Engineer introduced Dan Edgerton and Bob Barth of Bonestroo, Rosene, Anderlik & Associates, who gave a presentation on proposed storm water improvements at Prestemon Park. They had prepared two alternatives for the area that has experienced problems with flooding, that being 40th and McKinley. The alternatives are: 1) conveyance of water to another area, or 2) storage of the water within the park land. They indicated that the storage alternative is the most feasible. Members viewed several layouts that showed an area of Prestemon Park being constructed into a wetland area. The water would be approximately three to four feet deep. Vegetation would be added around the wetland to create a natural barrier to the wetland. Members discussed several plans for moving the tot lot and creating a picnic area, possibly with a gazebo, near the parking lot. A walking trail could be constructed around the park. Staff would like to begin construction in late April, 1999. 'McKinley Street would be resurfaced as part of the project. Residents in the area will be contacted via a meeting to get their input on the project. Funding will come from the DNR and the City of Columbia Heights. Staff will arrange for the meetings with residents and report back to the Commission with their findings. The final plan will need approval from the City Council. PROPOSED REVISIONS TO JPM RENTAL POLICY Members reviewed and discussed the proposed revisions to the JPM rental policy. Members agreed that the maximum size of rental groups should be limited to 375 people. This is the largest group we can accommodate with tables and chairs for a dinner/dance. Members discussed the issue of open bars and directed the Recreation Director to speak with the Lion's Club to see if they would be able to provide bartending services for JPM rental events over a certain size. Several members felt that open bars should be prohibited. The Recreation Director will research this issue with the Lion's Club and report back at the next meeting with a recommendation. Members discussed the issue of requiring only licensed caterers to serve at Murzyn Hall. Members agreed that we should indicate on our Decorating Rules that any caterer the renter chooses must be licensed. The caterer would be required to show proof of licensure 30 days prior to the rental. The renter would then sign the Decorating Rules, and it would be kept on file. Members felt that the present policy of requiring a minimum of $100,000 of personal liability insurance is adequate and should be kept in place. Members discussed the rental rates for the year 2000. Motion by Evans, second by Foss to increase the JPM rental rates by 10% for the year 2000. All ayes, motion carried. Members agreed to eliminate the weekday rental special as it is never used. The maximum discount that any renter can receive will remain at 85%. Members indicated they would like to see a list of the fee-waived groups presently using Murzyn Hall. Members also felt that fee-waived groups who do not clean up after their event and/or damage the facility should be billed for cleaning and/or damages incurred. ...,.PAGE THREE PARK & RECREATION COMMISSION MINUTES MEETING OF NOVEMBER 12, 1998 REPORTS RECREATION DIRECTOR The Recreation Director reported that a letter was sent to the gardeners at the Community Garden requesting that they clean up their garden plot. Most gardeners did clean their plots; however, the garden plots still needed to be tilled. Staffpaid $175 to have the garden tilled. Members agreed that next year we should increase the cost of each garden plot to $15 or $20 in order to cover the cost of tilling it twice a year. The Recreation Director will report back to members in the spring regarding this issue. PUBLIC WORKS DIRECTOWCITY ENGINEER The Public Works Director/City Engineer reported that a sign for announcements has been erected at Hilltop Park. Staff worked with Hilltop resident Tom Ruen on the sign. The aerator for Silver Lake was approved and will be installed in the spring of 1999. Approval was also received for erosion control in the area of Silver Lake. Staff'received approval for new park roofs at Ostrander Park, Keyes Park, and Silver Lake Beach. Construction will be completed in 1999. COMMISSION MEMBERS No report at this time. ADJOURNMENT Motion by Foss, second by Ruettimarm to adjourn. All ayes, motion carried. Meeting adjourned at 8:38 p.m. Janice McGhee-Fetzer, Park and Recreation Commission Secretary THE MINUTES OF THE TELECOMMLFNICATIONS coMI¥IIssION FOR THE MEETING OF THURSDAY, NOVEMBER 19, 1998 The meeting was called to order at 7:05 p.m. by Chairman, Dennis Stroik. ROLL CALL: Commission Members: Council Representative: City Representative: Cable TV Representative: Legal Counsel: Dermis Stroik, Ken Henke, Reuben Ruen, and Ruth Graham. Bob Ruettimann Linda Magee Kathi Donnelly-Cohen (arrived at 7:20 pm) Bob Vose Also present was Ed O'Donnell, MIS Coordinator for the City, to make a presentation on consultants being considered for a new phone system. APPROVAL OF MINUTES Motion by Dennis, seconded by Reuben, to approve the minutes from the meeting of September 17, 1998. All ayes. OLD BUSINESS A. Channel Check The commission members noticed that there is quite a variance in volume going from channel to channel. Kathi explained that there is a range of acceptable volume levels so there would be some variation as some are at the low end of the range and some are at the high end, but they still fall in the acceptable range. Also, it takes about 30 seconds for the volume to adjust itself, if necessary. B. Correspondence Log and Complaint Follow Up. #107-C. Larson-Kathi Donnelly-Cohen reported that they haven't replaced any of the wiring in his home yet. The service manager has been playing telephone tag with Mr. Larson. However, Bob Ruett/mann reported that he had spoken with Mr. Larson and he is happy with the service at this time. He said the reception improved greatly when they repaired some of the outside fittings. C. Status of Digital Light System in Council Chambers The students are still working on this as a part time project. As this is a customized project, we will wait for them to complete it. D. Choice of Consultant to Upgrade City's Phone System Ed O'Dormell used the city's new LCD projector to present the options the city has for replacing our phone system. We presently have a late 70's to early 80's Siemens PBX System providing service to 160 phones. We are one of less than a dozen sites still using this system. The current system is not Y2K compliant. He explained the options are: To keep our present system which costs about $5,000/yr to repair (not Y2K compliant). To Purchase a new PBX System, estimated to cost $150,000-$200,000. Or to go with the Centrix System with the State of iV[N, estimated to cost $10,000 with additional costs depending on the number of features provided. It is estimated that after 8-10 years, the cost would exceed a new PBX System. TELECOM2X4-UNICATIONS COMMISSION MINUTES P),GE 2 NOVEMBER 19, 1998 Ed informed the members that a survey was sent out to approximately 30 cities, and after gathering information, a list of 7 consultants was established. Staff is recommending Elert & Assoc. due to the experience they have working with government entities, good references, and their low bid for services of $11,500. Elert & Assoc. would meet with everyone, gather information on desired features, prepare the specifications for a system, prepare a bid list, and would recommend a system that would meet our needs. There was a discussion about the State Centrix System and its capabilities. This system is through the State of MN which is serviced by US West. The members thought this may be the best solution for now as US West would constantly be making technology upgrades, the maintenance of the system is done by US West, and we would not need to expend any funds for a consultant. From the survey, other cities are expending an average of $10,000/yr in maintenance of their systems. The members felt we should get more detailed information on the Centrix System, such as specific costs for each feature, time frames to switch over to this system, yearly costs involved, etc. Motion by Ken, seconded by Bob Ruettimarm, from the list of choices provided by staff regarding a new phone system, the commission recommends the City Council choose between Elert & Associates as a consultant or the Centrix System after more detailed information is provided regarding specific costs and time frame constrictions. Alt ayes. E. Library Character Generator Kathi Donnelly-Cohen ordered the new equipment for the Library the 1t' of October. She reported that it is in and will be installed on December 3, 1998. F. Other Old Business There was no other old business to discuss. NEW BUS[NESS A. Report of Accountant's Review of Rate Increase Forms for January 1998 Enclosed in the agenda packets was a letter from MediaOne, the report from the Accountant, a report from Bernick-Lifson and a memo from Bernick-Lifson making recommendations to the city regarding four items. These four items concerned the rates for basic service, equipment rates, revenue neutral shift, and franchise fees. Bob explained that in 1998 the rates were increased according to "projected costs". These costs were over stated. The maximum rates on the forms were too high. The recommendation is to not accept the filing due to these maximum rates being too high even though the rates actually being charged are acceptable. So the recommendation will be to re-visit these rates after the 1999 forms are filed to ensure approphate corrections were made. He also reported that the equipment rates were close enough to accept and would recommend local authorities to accept the 1998 Form 1205 filing. The revenue neutral shift that was implemented years ago, to even out the increases between basic service and CPST rates will be eliminated in its 1999 rates based on the FCC decision. In order to avoid a substantial basic tier rate increase, MediaOne has indicated that a number of channels will be migrated from the basic tier to the CPST. Legal Counsel recommends further inquiry by staff, but states that action on this issue is not necessary at this time as it is not directly tied to the review of the 1998 rates. There are some issues that need to be addressed concerning the calculations of gross revenues to determine whether the franchise fees paid to the local authorities were correct. MediaOne has requested to meet with staff to resolve the issue. Legal Counsel recommends further inquiry by staff, but states that action on this issue is not necessary at this time as it is not directly tied to the review of the 1998 rates. Motion by Ken, Seconded by Ruth to recommend the City Council pass the order as presented regarding Review o~I~orm 1240 (lgasie Tier Rates) and Form 1205 (Equipment Rates) filed by MediaOne. All ayes. TELECOMMUNICATIONS COMMISSION MINUTES NOVEMBER 19, 1998 Bo Co Bo Co Notice of Rate Increase for Basic and Preferred Service Effective January 1999 The notice o£the rate increases affecting basic and preferred service were enclosed in the agenda packets for the commissioners to review. Franchise Fees for 3rd Quarter A copy of the franchise fees for 3rd Quarter were enclosed in the agenda packets for the commissioners to review. Holiday Commission Dinner The Holiday Dinner party will be held on Thursday, December 17th, at a location to be determined. Staff will make the arrangements and notify the members of the place and time. Other New Business-Petition filed with PUC by MediaOne to provide Telecommunications within State of Minnesota This item was passed out at the meeting as information the members could review. MediaOne currently has a St. Paul certificate, but as their territory has expanded, they need to apply for a new certificate to qualify them as a telecommunications provider. Upon approval of the petition, Kathi stated they will have telephone service available to residents by the end of 1999. REPORTS A. Report of Commissioners Ken noted that Jean did a good job getting the election results on channel 16 to keep the residents informed on the status of the local races. There was nothing further to report. B. Report of MediaOne-September 98 and October 98 Kathi reviewed the reports that were enclosed in the agenda packets and answered questions. She also informed the commission that MediaOne will be moving into new offices March 1s~ in the Old State Revenue Building. C. Report of the Cable Attorney Bob had nothing further to report. D. Report of the Assistant to the City Manager Linda had nothing further to report. Motion by Ken, seconded by Reuben, to adjourn the meeting at 8:40 pm. All ayes. Respectfully submitted, Shelle¥~ Secretary MEM B EP~ CITY OF COLUMBIA HEIGHTS (}--) ;2Z "/J7 590 40th AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-280~a~P~tem°n PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES DECEMBER 1, 1998 The December 1, 1998 Planning and Zoning Commission meeting was called to order by ChairPerson Szurek at 7:00 p.m. Members present were Hunter, Ramsdell, Fowler, Peterson and Szurek. Aisc present were Joe Hollman (City Planner), Mel Collova (Building Official), and Kathryn Pepin (Secretary to the Planning and Zoning Commission). MOTION by Fowler, seconded by Ramsdell, to approve the minutes from the meeting of November 10, 1998 with a correction on page 1, third paragraph under Case A amending "Mathaire" Park to "Curt Ramsdell" Park. Voice Vote: All Ayes. Motion passed. NEW BUSINESS: Public Hearing Lotsplit and Variance Case #9812-50 Thomas Palkowski RE: 1923 N.E. Arthur St. Columbia Heights, Mn. Mr. Hollman presented the request of Thomas Palkowski of 4020 Arthur Street to purchase a 30 foot wide strip of land from 1923 N. E. 40th Avenue and combine that strip of land with his lot at 4020 Arthur St. The intent of the request is to provide enough space on the property at 4020 Arthur St. to construct a 24' x 24' (576 square foot) attached garage. He added that this is also a request for a variance of five (5) feet as the new garage will not meet the ten foot side yard setback requirement. He added that the adjacent property in all four directions is zoned R-2, Single and Two Family Residential and is used residentially. Realigning the property line will not have an impact on the surrounding property. Mr. Hotlman informed the Commission that Section 7 of the Platting component of the City Code states that a totsptit can be made without further platting if the Council determines that the subdivision: Does not hinder the transfer and conveyance of the land; Does not hinder the making of assessments and keeping of records; Does not result in the creation of any parcel that is less than required for purposes of construction of a building on such parcel; and, Does not result in the creation of a lot which is less than the minimum lot width required. He stated that 4020 Arthur Street is currently 9,122 square feet and would be 11,882 square feet after the lot combination is completed. He added that the lot at 1923 N. E. 40~h Avenue is currently 21,292 square feet and THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF D[SAB{LIT~ IN EMPLOYMENT OR THE PROV[BtON OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR ME~TING - MINUT1~S DECEMBER 1, 1998 PAGE 2 would be 18,532 square feet upon completion of the Iotsplit. The newly created parcel will be 2,780 square feet. He noted that this is not large enough as a stand-alone parcel to be developed, however, the intent is not to create a buildable lot. Also, Section 9.104(5) of the Zoning Ordinance requires that any lot over 6,500 square feet may have a lot coverage of up to 30%. The lot at 4020 Arthur St. will have a lot coverage of about 20% after the tot split, including construction of the garage. The lot at 1923 N.E. 40~ Avenue will have a lot coverage of about 13% after the lot split. He stated that both properties will meet the lot coverage requirement. Mr. Hollman explained that the property owner at 4020 Arthur Street plans to purchase the split portion and combine it with 4020 Arthur Street to provide enough space to construct an attached garage and the existing attached garage will be converted to living space. He informed the Commission that Section 9.108(4) of the Zoning Ordinance requires the following lot dimensions in the R-2 District: 1. Minimum lot area shall be 6,500 square feet. He stated that both properties will meet this requirement; 2. Lot width shall be 60 feet. Both properties wilt meet this requirement; 3. Front yard shall be 25 feet. Both properties will meet this requirement; 4. Rear yard shall be 30 feet. Both properties will meet this requirement; When a lot is not served by a public alley, the property shall have one side yard not less than 10 feet and the other side yard shall be 5 feet. He stated that the existing structure at 4020 Arthur does not currently meet this requirement, but the addition of the 30 foot strip of land will bring the existing property into compliance. However, the southwest corner of the proposed garage will only be five (5) feet from the new lot line which will require a variance. Mr. Hollman stated that the leading edge of the garage wiii meet the ten (10) foot setback requirement, but the garage will need to be set at a slight angle so the driveway leading to the garage can curve around a tree while utilizing the existing curb cut. As a result, the southwest corner of the garage will encroach into the setback. Mr. Hollman reminded the Commission of Section 9.105(3)(d) of the Zoning Ordinance which states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be granted, hardship needs to be established. It was Mr. Hollman's opinion that the intent of the two different side yard setback requirements, when the property is not served by an alley, is to allow room on the property for a driveway to get behind the house if a garage were built in the rear of the lot. In this case it is an attached garage, so driveway access to the back yard is not necessary. It was also his opinion that the proposal meets the intent of the Zoning Ordinance and tree location on PLANNING AND ZONING COMMISSION RESULAR MEETING- MINUTES .DECEMBER 1, 1998 PAGE 3 the property creates a hardship. He stated that the building setback on the northernmost side of the property is roughly seven (7) feet with the building setback from the existing southerly setback being less than five (5) feet. Even though the southwest corner of the new garage will encroach into the required setback, the non-conformity will be decreased slightly. Mr. Hollman stated that the shape of the newly created parcel is not necessarily desirable adding that, typically, straight lot lines are preferred. However, because there is a utility shed located in the northwest corner of 1923 N.E. 40th Avenue, the lot split needs to be so designed as it is to keep the utility shed on the property. He noted that the Zoning Ordinance does not regulate lot design other than minimum size, width, and setback requirements. ChairPerson Szurek asked about the trees in front of the proposed garage and if they would be removed. Mr. Hollman stated that the tree shown on the site plan located directly in front of the proposed garage would be removed with attempts made to retain the southerly tree and the larger tree to the front of that section of let. He add'ed that it is the owners i~tent to use the. existing curb cut for the driveway to the new garage. Commissioner Ramsdell inquired as to the size of the proposed garage. Mr. Hollman stated that the proposed garage would be a 24' x 24' attached garage. Chairperson Szurek opened the public hearing. The public hearing was closed as no one chose to speak regarding this case. Mr. Palkowski was present as was Mr. Knoll, the owners of both lots in question. Motion by Ramsdell, seconded by Fowler, to recommend City Council approval of Resolution 98-106 which is a resolution approving a lot split of the property at t923 N.E. 40th Avenue provided the newly created parcel is combined with 4020 Arthur St. N.E. Voice Vote: All Ayes, with the abstension of Council Representative Peterson. Motion passed. Motion by Ramsdell, seconded by Fowler, to recornmend City Council approval of a five (5) foot setback variance at 4020 Arthur Street because tree location on the property creates a hardship. Voice Vote: All Ayes with the abstention of Council Representative Peterson. Motion passed. THIS ITEM TO APPEAR ON THE DECEMBER 14, 1998 CITY COUNCIL AGENDA. Public Hearing Appeal Case #9812-51 Judith A. Olerkin 544 Summit St. N.E. Columbia Heights, Mn. Mr. Hollman presented the request of an appeal of a "Notice and Order" from the Building Official to raze a vacant non-conforming building at 544 Summit Street. PLANNING AND ZONING COMMISSION ~ULAR M~T~N~- M(~IUT~_8 ,DECEMBER 1, 1§98 PAGE 4 In providing the case history of this address, Mr. Hollman informed the Commission that in May of 1987, the City Council initiated a request for a staff report to the Planning and Zoning Commission to consider the feasibility of rezoning the subject property from RB to R-3. However, in researching the zoning map at the time, it was determined that the property was actually zoned R-3, not RB. The Commission was informed that the property was vacant and undergoing some structural repairs and if the building were vacant for six months or more, the use of the building would have to conform to the R-3 District. It was recommended to the City Council that the property remain unchanged in its R-3 zoning status. Mr. Hollman informed the Commission that the surrounding property on the north and west is zoned RB, Retail Business, while the property to the east and south is zoned R-3, Multi-Family Residential. The property to the south is used residentially and the property to the north is a non-conforming residential use. City Hall is to the east of the subject property while the property to the west is used commercially. Mr. Hoilman stated that the "Nbtice and Order". was based on the following: 1. The building has been abandoned and vacant longer than six months; The exterior of the building is in a dilapidated condition as evidenced by peeling paint, rotted wood, foundation cracks, roof sag, and missing or loose exterior wall covering; 3. The interior of the building has remained in a state of disrepair for over six months; The plumbing and electrical system are suspect as repairs have been conducted without proper permits; and, 5. The commercial building is non-conforming due to placement on the lot and is in a residential zoning district. Mr. Hollman informed the Commission that according to the applicant, Judy Clerkin, the appeal is based on the following factors: 1. [n the past, the building has been a commercial building and is only marketable as a commercial building; Removal of the building would render the property unsaleable for reconstruction as the size of the tot is too small; and, 3. Any new construction would not meet current zoning requirements for both commercial and residential use. Mr. Hotlman stated that the lot does not meet minimum lot area and width requirements of the Zoning Ordinance. He noted that the minimum lot area in the R-3 District is 10,000 square feet and the minimum lot width shall be 70 feet. He stated that Section 9.104(4) of the Zoning Ordinance does allow some flexibility in lot size requirements PLANNING AND ZONING COMMISSION REGULAR MEETING- .DECEMBER 1, 1998 PAGE 5 by stating that a lot of record shall be a buildable lot provided it has frontage on a public right-of-way and space requirements are adjusted to conform to the following: A lot may be used for a single family detached dwelling provided 100% of setback requirements and 60% of minimum lot width and minimum tot area requirements are met. Mr. Hollman stated that the subject property is only 4,480 square feet in size and 35 feet wide, which does not meet 60% of the lot size requirements and, therefore, would not be a buildable lot. Mr. Hotlman informed the Commission that, should the Board of Appeals approve the appeal, the applicant has stated that she intends to request a rezoning of the subject property from R-3 to RB, Retail Business. He noted that the adjacent property to the north is zoned RB as is the property to the west. According to the Building Official, the structure is in a condition where it is still able to be renovated, but it will take a significant amount of work. For example, the building will need a new roof and the added-on portion of the building will need to be removed. Before making determination on the appeal, Mr. Hollman suggested consideration should be given to whether or not the building and property have potential for future reuse. Should'the property remain zoned R-3, Mr. Hollman stated that the building would need to be r~novated to accommodate one of the permitted/conditional uses in the R-3 District. The feasibility of converting the existin~ building into a residential structure is questionable and he reiterated that this is not a buildable lot if the building is razed. However, there is some potential through thc conditional use permit process for use of the building as a private ctub and lodge not operated for profit, day nurseries and nursery school, or general office (Section 9.109(2)). He added that variances would need to be granted as the building does not meet certain setback requirements. Should the property be rezoned to RB, he stated that there are a number of commercial operations that could use the building. He noted that one variance would need to be granted, as the building does not meet the 15 foot front yard setback requirement. Mr. Hollman directed the Commissioners attention to an revised recommended motion that was distributed prior to the start of the meeting regarding this case. He stated that the revised motion would not cancel the Notice and Order of the Building Official, but would allow some extra time for the property owners to improve the property and find a suitable use. He stated that should the necessary improvements not be made within the 180 day time period as set forth, the Notice and Order will still be valid and the building will need to be razed. Commissioner Hunter inquired if the setback was met on the east side of the property as it seemed to be very narrow. He also asked whether the parking area woutd be at the rear of the site and if it would be required to be hard surfaced. Mr. Hollman stated that he had not seen any survey of the site and could not respond to the setback question. The parking areas would be required to be hard surfaced. Commissioner Ramsdelt commented on the history of the site and asked if this building has been vacant since the intial action in 1987. Mr. Collova stated that the Clerkin's sold the property by contract to a person who did not maintain the building nor make the required payments and it was returned to the Clerkin's. He added that the structure is very deteriorated with holes in the walls and ceilings and the plumbing and heating systems are questionable. He stated that the roof would need to be completely replaced, including the trusses. The property has been vacant for approximately a year, maybe a tittle more. PLANNING AND ZONING COMMISSION · DECEMBER 1, 1998 PAGE 6 Judith Clerkin was present to state that she had received inquiries for purchase of the site but the sale was not finalized. She explained that two of the neighbors expressed interest in purchasing the site and dividing the lot between their two properties. While she waited for them to obtain financing which was not obtained, she delayed the sale of the lot to the other interested party which then fell through due to the delay. She stated that she has been using the building for storage and for her office but there are no utilities to the site and the water is shut off. Commissioner Szurek asked Ms. Clerkin if she understood that the addition must be removed. Ms. Clerkin stated that she did not understand why it would have to be removed. Mr. Collova stated that he is requiring that section of the building to be removed so that a setback will be provided on that side to allow area for a driveway to the rear of the lot for parking. ChairPerson Szurek opened the public hearing. Sandra Wallace of 546 Summit'Street was present to state that when she purchased her hom~ from Kalina, Wills And Woods Law Firm it was "a piece of crap". She invested ~20,000 into the home for repairs and is still working on it. She stated that businesses have come and gone from 544 Summit St. "beyond her belief" and the property has continued to deteriorate decreasing her property value. She informed the Commission that she had approached her lender to secure money to purchase the lot at 544 Summit Street but the lender denied the loan stating the deteriorated state of the structure on the lot was substandard· She expressed concern for fire at 544 Summit and the close proximity to her home addling that if there was a fire, it would spread quickly to her home. In her opinion, the use of 544 Summit Street would have a major impact upon her property and Mr. Joseph Wolnery at 542 Summit Street who also has invested a large amount of money in renovating his property. It was her belief that the property at 544 Summit Street was a detriment to her property. Council Representative Peterson questioned Ms. Wallace's comment that the lender denied her loan due to the substandard structure that exists and doubted that a lender would back the purchase of a vacant tot. Judith Clerkin had an appraisal from Watson Appraisals stating that his appraised value of the property with the lot is 328,000 but was not sure what the value of the lot would be without the structure. Mr. Collova stated that demolition would cost approximately 86,000. He added that the lot was not marketable by the city as it is non-conforming due to lot size. Tim Eastman of Merit Siding, 506 N.E. 40th Avenue, was present to state that he was originally interested in purchasing the 544 Summit Street site for his business but withdrew his proposal as it was taking too long and he found the site he is currently renovating. Denise Eastman was also present and added that the 544 Summit Street would have been too small to allow ample outside storage for the company vehicles. Mr. Eastman added that he is interested in acting as the contractor for Ms. Clerkin to repair 544 Summit Street. Council Representative Peterson asked Ms. Wallace if she really believed that living next to an office building would PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES DECEMBER 1, 1998 PAGE 7 be a detriment to her property. Ms. Wallace responded in the negative but stated that her property was non- conforming and if something happened to it, she may not be able to rebuild it due to the lot size. Sue Wolney of 542 Summit Street stated that she and her husband were also unable to secure the necessary loan to buy the lot at 544 Summit Street due to the structure on the site. Commissioner Hunter asked the Building Official, Mel Collova, if the building was structurally sound. Mr. Collova responded that yes, it was structurally sound but would require a totally new roof including trusses, etc. He added that the foundation is old but does not appear to be deteriorated to an unsound state. He also informed the Commission that the City cannot condemn a property, they can prepare the paperwork and go through the procedures to seek condemnation through the Court system. Commissioner Ramsdell asked what the lot size would be of the lot at 544 Summit and how long has it beep zoned R-3, residential. Mr. Hollman responded that the lot size is 35'x128' and has been zoned R-3 since 1974. Council Representative Peterson asked Ms. Clerkin whether the rehab of the structure would go forwardwith or without the rezoning. She responded that she would go forward with the rehab as she wishes to either sell the site or rent it out for an approved use. The public hearing was closed at approximately 7:55 p.m. Council Representative Peterson added that what Ms. Clerkin is proposing is not cast in concrete. If the neighbors are still interested in purchasing the lot to divide between them, they should approach Ms. Clerkin with an offer and move on a proposal as soon as possible. ChairPerson Szurek suggested the neighbors approach a variety of lenders in order to secure the money they need and encouraged them to do it sooner rather than later. MOTION by Peterson, seconded by Fowler, to extend the deadline of the Notice and Order of the Building Official for 180 days from this date (May 29, 1999), provided that satisfactory progress has been made on the necessary improvements to the building within the extended time period. Voice Vote: All Ayes. Motion passed. Public Hearing Conditional Use Permit Case #9812-52 Mohamed Samaha RE: 3800 Central Ave. N.E. Columbia Heights, Mn. Mr. Hollman presented the request of Mohamed Samaha for a Conditional Use Permit to open a restaurant specializing in Mid-Eastern cuisine in the building currently occupied by Bridgeman's Restaurant at 3800 Central PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES DECEMBER 1, 1998 PAGE 8 Avenue NE. He stated that the applicant does not propose to make any physical changes to the site. He noted that he has discussed the request with a representative from Bridgeman's Headquarters and they are aware of this Conditional Use Permit application. Mr. Hollman added that the Bridgeman's Restaurant at 3800 Central Avenue was closed effective November 30, 1998. Mr. Hollman informed the Commission that there are no previous Planning and Zoning Commission cases for the site. The building was constructed in 1962 and there was a 595 square foot addition built off the west side of the structure in 1974. The surrounding property to the north, south, and east is zoned RB, Retail Business while the property to the west is zoned R-3, Multi-Family Residential. The property to the north and east is used commercially. The adjacent property to the south is a nonconforming residential use, and the property to the west is also used residentially. Accord. lng to Section 9.113(2) of the Zoning Ordinance, Mr. Hollman stated that a Conditional Use Permit wJil be required if the proposed use codtains a restaurant, cafe, tea room, bar, prepared food outlets subject to Section 9.118(15) and Prepared Food Delivery Establishments as such establishments are defined in Section 9.103(63). Minimum Yard and Density Requirements are as follows: 1. Lot Width shall be at least 50 feet. The subject parcel meets this requirement; 2. Lot Area shall be at least 6,000 square feet. The subject parcel is over 16,000 square feet; 3. Front Yard Setback shall be 15 feet. The existing structure does not meet this requirement; 4. There is no side yard setback requirement; 5. Rear Yard Setback shall be 20 feet. The existing building meets this requirement; The floor area ratio shall not exceed 1.0. The building has a total square footage of 3,635 square feet, so the property has a floor area ratio of approximately .2 which exceeds this requirement; 7. Minimum frontage required of 40 feet. The subject parcel exceeds this requirement. He added that the existing building is legally non-conforming as it does not meet the 15 foot front yard setback requirement. Provided the building is not vacant for a period of six months or more, the building can continue to be used without a variance. He noted that the location of the building became non-conforming when the area was rezoned from CBD, Central Business District to RB, Retail Business earlier this year. Mr. Hollman stated that the site plan found in the property records file indicates that there are 33 parking spaces on the site adding that this plan does not accurately reflect the parking layout as it exists on the site. He stated that he was not able to find a plan showing the actual layout of the site, and one was not submitted by Mr. Samaha PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES . DECEMBER 1, 1998 PAGE 9 with the application. He stated that he had requested a plan from Bridgeman's Headquarters, but they were not aware of any site plans in their records. The attached site plan was modified by staff after recently visiting the site. Mr. Hotlman informed the Commission that parking for a restaurant requires at least one (1) space for each three (3) seats based on capacity design or where there is no design layout, one (1) space for each thirty-five (35) square feet of gross floor area. At this point, Mr. Hollman has not seen a design layout, so based on the one (1) space per 35 square feet of floor area used for the public, 37 spaces are required adding that this requirement could be lessened, depending on the seating design. One (1) handicap accessible space is required for every 50 regular spaces. As a result, only one handicap space is required which shall be van accessible. He stated that this space will need to be clearly marked and signed. Mr. Hollman indicated that the existing parking layout has 90 degree parking and vehicles can enter and exit utilizing either access point. At the site, 37 parking spaces were counted ipcluding two handicap spaces, of which neither one is van accessible. He stated that the parking lot meets the minimum number of parking spaces required, although one handicap accessible space will need to be made van accessible. This can be accomplished by provi~ling an eight foot aisle alongside the space. Mr. Hollman stated that the existing ingress/egress routes will continue to be utilized. However, the southerly access point will need to be shifted to the south to accommodate the location of the median crossing on Central Avenue. Because of this, the parking spaces will need to be shifted to the west to allow for a curbed bump-out which will protect parked vehicles from traffic entering and exiting the site. As a result, some parking spaces may be lost which may necessitate a variance. He noted that the Minnesota Department of Transportation will be providing new median openings in Central Avenue to accommodate proposed improvements being made to Central Avenue. Essentially, there will be one median opening that will provide access to Bridgeman's for northbound traffic and access to the east site of Autoworld for southbound traffic. The access points for Bridgeman's and Autowortd are not directly across from each other. As a result, the opening into Bridgeman's will need to be shifted to the south and the opening into the east site of Autowor~d will need to be widened roughly five feet to the north. Mr. Hollman informed the Commission that loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building having 2,500 - 6,000 square feet. He was not able to determine the location of loading and unloading on the site. He added that all open off-street parking areas shall provide a bumper curb of five to seven inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. The parking lot is surrounded by a combination of constant perimeter curb and individual bumper curbs which meets the Ordinance requirement. He stated that solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Currently, dumpsters are located off the southwest corner of the building and they are not enclosed. Staff will recommend as a condition of approval that an approved enclosure be provided. He further stated that where any business is adjacent to a PLANNING AND ZONING COMMISSION DECEMBER 1, 1998 PAGE 10 residential use, that business shall provide screening along the boundary of the residential property. Screening can be accomplished by a privacy fence that is not less than six feet high and not less than 50% opaque, or it can be accomplished by providing plantings along the residential property. Currently there is a privacy fence along the property lines abutting a residential use/district. However, there have been issues in the past regarding the condition of this fence. He further stated that the site plan and application do not indicate any areas for snow storage. The Zoning Ordinance does not contain specific size or area requirements for snow storage. It does not appear that there is much room on the site for snow storage. Because of the lack of information on loading and unloading, and considering that the configuration of the parking lot will need to be modified slightly, Mr. Hollman stated thatstaff has recommended, as a condition of approval, that the applicant work with an architect or engineer and submit a site plan illustrating the actual layout of the parking tot, taking into consideration the necessary changes. This plan should provide information on the following: layout of park. lng lot; modified access point; van accessible parking space; provisions for loading/unloading; dumpster enclosure; and snow storage. Oouncil Representative Peterson asked Staff if the signage was in compliance with the Zoning Ordinance as it appears to him that the pylon sign is too large. He also asked if the pylon sign would be required to be removed and replaced with a sign in conformance with the Zoning Ordinance. He also inquired how the Zoning District change from CBD to RB would affect the signage for this parcel and how non-conforming is the signage and is it too close to the street. Mr. Hollman stated that the pylon sign was not in compliance, however, he did not specifically research the signage situation for this proposal as he assumed the owner would be making changes to the signage. Staff indicated that the Zoning Ordinance requires all such non-conforming signs to be brought into compliance with the Sign Section if the property is sold. Mr. Hollman did not think there was any variation between the allotment of signage between the ODD and RB Zoning Districts. Discussion was held regarding the reconstruction of the center median and how it will affect this site with the possibility of the elimination of some parking spaces. ChairPerson Szurek opened the public hearing. Vera Johnson of 3727 Central Avenue was present stating that she was not aware that Bridgeman's was closing. She chatted about the median change and stated that deliveries were made to the site by trucks parking on the street or in the alley. The public hearing was closed as no one else was present to speak regarding this case. Motion by Peterson, seconded by Ramsdetl, to recommend City Council approval of the Conditional Use Permit to allow the operation of a restaurant in the Retail Business Zoning District at 3800 Central Avenue, subject to the following conditions: PLANNING AND ZONING COMMISSION REGULAR ~TING - MINUTES DECEMBER 1, 1998 PAGE 11 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Waste material storage shall be located and screened in a manner consistent with the Zoning Ordinance. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 4. The screening fence shall be maintained in a safe and functional condition. A site plan drawn to scale shall be submitted for review and approval by staff. This site plan shall provide at a minimum, the following information: layout of parking lot; modified access point; van accessible pa~ king space; provisions for loading/unloading; dumpster enclosure; and snow storage location. o At least one van accessible handicap p~rking space shall be provided as near as possible to the main entrance to the building. This space shall be clearly marked and signed. 7. Restripe the parking lot to Code requirements. Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE DECEMBER 14, 1998 CITY COUNCIL AGENDA. D. Site Plan Review Case #9812-53 Nagel Building, Inc. 650 N.E. 39th Avenue Mr. Hollman presented the request of the Naget Building, Inc., contractors, for site plan approval to construct a 10' x 22' (220 square feet) addition onto the rear of the building located at 650 39'" Avenue NE. The new addition will be used to accommodate a new paint booth for the owner Doug Lund and Auto Body Services. Mr. Hollman informed the Commission that in May of 1986, Case #8605-20 was a request for site plan approval to operate an auto body repair shop on the property. This request was approved by the Planning and Zoning Commission. He noted that there are two site plans included with this report. The first plan was submitted with the current application, and the second plan was reviewed during the 1986 hearing. He stated that the surrounding property in all four directions is zoned 1-2, Heavy Industry, and is used for industrial purposes. According to Section 9.115A(1) of the Zoning Ordinance, auto repair and painting is a permitted use in the I-2, Heavy Industry District. PLANNING AND ZONING COMMISSION REGULAF; MEETING - N~NUT£$ - DECEMBER 1, 1998 PAGE 12 Mr. Hollman informed the Commission that the Minimum Yard and Density Requirements for the I-2 Zoning District are as follows: t. Lot Width shall be at least 80 feet. The subject parcel exceeds this requirement; 2. Lot Area shall be at least 10,000 square feet. The subject parcel is over 20,000 square feet; 3. Front Yard Setback shall be 20 feet. The existing structure meets this requirement; One side yard may be reduced to zero if the owners of the two abutting lots file a signed agreement with the City and the other side yard shall be at least 12 feet and developed to permit vehicular access. The existing building meets both side yard setback requirements and the proposed addition will also meet these requirements; Rear Yard Setback shall be 24 feet. The existing building is approximately 76 feet off the rear lot ~ine ~nd the new addition will be roughly 66 feet off the rear lot line; The floor area ratio shall not exceed 1.0. The property has a floor area ratio of approximately .25 which exceeds this requirement; Mr. Hotlman stated that the proposal meets or exceeds the minimum yard and density requirements of the Zoning Ordinance. He added that Auto Repair shops require four parking spaces plus one for each 800 square feet of floor area over the first 1,000 square feet of floor area. Also, office space in industrial districts require one parking space for each 300 square feet of floor area. The total number of parking spaces required on the site is 11 parking spaces. The site plan for the 1986 case indicates that there are 15 spaces on the site and there appears to be room for additional parking if necessary. There is also adequate room on the site for loading and unloading. The proposal meets the minimum number of parking spaces required. He informed the Commission that the site will continue to utilize the existing ingress/egress routes and the new addition will not impair any traffic circulation routes. The Ordinance requires that parking areas be surfaced with a material to control dust and drainage, and that all open off-street parking areas shall provide a bumper curb of five to seven inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. Currently, the front portion of the parking lot is hard-surfaced, but the rear portion is mainly crushed rock. This does not comply with Zoning Ordinance requirements. Mr. Hollman stated that Staff will recommend, as a condition of approval, that the remainder of the parking lot be hard-surfaced and surrounded with a perimeter curb. He felt that this could be done in a manner similar to the site plan used for the 1986 case adding that the site has not been developed as shown on the 1986 plan. Section 9.115(4) of the Zoning Ordinance requires that all outside storage or operations shall be enclosed within an approved enclosure. Mr. Hollman stated that currently, there are miscellaneous auto body parts being stored PLANNING AND ZONING COMMISSION REGULAR MEETING- NIlNU'TES DECEMBER 1, 1998 PAGE 13 outside. He stated that these parts will need to be stored within an approved enclosure. At a minimum, a screening fence not less than six feet high and 50% opaque shall be constructed around the perimeter of the lot. He added that the addition will need to meet all current building and fire codes. Doug Lund, owner of the property, was concerned with completion of the hard surface parking this time of year. was stated that dependant on the time of year the addition was completed, the Building Official could grant an extension on the completion of the hard surface parking weather permitting. MOTION by Ramsdell, seconded by Hunter, to approve the site plan as presented for 650 N.E. 39th Avenue to allow the 220 square foot addition provided the property is brought into compliance with current codes and provided the property meets the conditions as follows: Thu miscellaneous vehicle parts currently stored outside shall be removed or stored within an approved enclosure, and the property shall be maintained in a clean condition; The remaining portions of the parking lot shall be hard-surfaced with asphalt or concrete, and a perimeter curb shall surround the parking lot. This shall be done as shown on a plan submitted for review and approval by staff. 3. Approval is subject to review and approval of building plans by the Building Official and Fire Department. Voice Vote: All Ayes. Motion passed. Motion by Ramsdell, seconded by Fowler, to adjourn the meeting at 8:40 p.m. Secretary to the Planning and Zoning Commission kp MtSUTES November 9, 1998 The meeting was called to order at Chair, Barbara Miller. Those present were: Nancy Hoium, Patricia Sowada, Richard Hubbard, Barb Miller, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the November 9th meeting as mailed. The November 23rd, 1998, bill list was reviewed. It was moved, seconded, and passed that they be paid. The December 14m, 1998, bill list was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. It was noted that there is approximately $8,000 in capital outlay projects that will not be completed this calendar year. Old Business: 1. A report was given stating statistics on the number of participants and library cards entered on the three "Froggy Night" open houses. The program was a great success, and the Board was very enthusiastic about the joint collaboration. The Board would like to officially express their appreciation for all of the effort and extra work that staff put in to make this program a reality. A roof update was provided. The letter to the Mayor and the City Council concerning the re-roofing project was reviewed. The motion for the final payment is on the agenda for the December 14, 1998, City Council Meeting. On 11/10/98, water from a rainstorm leaked through the exterior door into the Children' s Department. The down spout on the front of the building was too short, and water emptied into the front stairwell. Dalco responded within 30 minutes to our call, and came out to correct the problem. Public Works came in with vacuums to mop up the water. No materials were lost. 1999 budget update was presented. The memo concerning prioritization of budget cuts was reviewed. Staffhas been asked to submit a spec and checklist concerning cleaning services. They were completed and turned in on time. It appears the library may be going out to bid individually for a cleaning service contract. The cleaning of the HVAC will be contracted by individual buildings. The library is scheduled to be done in mid-December. The prizes to be purchased for National Library Week were discussed. A memo listing possible prizes and costs for the Children' s Department was reviewed, and suggestions from the Adult Department included purchases from Barnes and Noble. It was moved, seconded and passed to use recommendations of staff for purchasing prizes for National Library Week. 5. Long Range Plan discussion was tabled to the January 1999, meeting. o There were no successful candidates for the choreperson position from the last round of applicants. An ad has been placed in the Focus to draw from a larger area. An update on the application for a grant for Mother Read-Father Read Accelerated Reader was given. The library did not qualify for this grant, and we have been invited to apply again in February for the next round. New Business: Shah Briley explained the program she is participating in, "Minnesota Voluntary Certification of Public Library Employees". One of her assignments is to review and suggest updates to a policy from the Policy Manual and make a recommendation and presentation to the Library Board. The policy she chose to review was the Organizational Card Policy. She explained the process she used to review the policy and presented the updated policy and form to the Board. The policy did not change, but rather was expanded to be more explanatory and separated into a two page document. It was moved, seconded and passed to adopt the Organization Card Policy as presented. The policy was signed by Chair, Barb Miller. The Board would like to commend Shad on her efforts on updating this policy. The Board also thought that it would be a good idea if organizations were contacted yearly to update the qualified borrowers information. The Anoka County Library policy on covered drinks was reviewed and discussed. The memo from Jerry Young and the Anoka County Library Board item were both reviewed. After discussion, the Columbia Heights Public Library Board of Trustees chose to not change the no eating or drinking policy at this time. The following line item transfers were requested by Marsha Tubbs: It was moved, seconded, and passed to transfer $80.00 from 2186 Storytime Media to 2030 Printing and Printed Forms. It was moved, seconded and passed to transfer $60.00 from 2183 Audio Cassettes to 2187 Book/Tape Sets. 4. Crossover statistics were reviewed. It was reported that the Columbia Heights Public Library has received a credit of $2,634.79 from Baker and Taylor. In an audit of Baker and Taylor, due to the lawsuit filed by the State of Minnesota, it was discovered that there was an error in the discount on paperback items. This amount was our share of the settlement. Staff is hoping to place a book order for the amount of the refund before the end of the year. o A copy of the new At-Home-Service brochure was distributed to the Board. This was formerly called Homebound service. The Board was a pleased with the brochure. 7. Data privacy issue and policy were discussed. There being no further business the meeting was adjourned at 8:00 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 wilt be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. These minutes not approved. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) q. ~__~ REGULAR MEETING MINUTES OF NOVEMBER 17, 1998. CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development Authority (lEDA) was called to order by President Peterson at 7:00 p.m., Tuesday, November 17, 1998, in the Parkview Villa Community Room B, 965 40m Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Commission Members Absent: Staff Present: PLEDGE OF ALLEGIANCE Marlaine Szurek, Robert Ruettimann, Panic'ia Jindra, Don Jolly, Gary Peterson Joseph Sturdevant Walt Fehst, Executive Director Ken Anderson, Deputy Executive Director Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator ADDITIONS/DELETIONS TO MEETING AGENDA - There were no additions or deletions to the agenda. CONSENT AGENDA (These items are considered to be routine by the EDA Board of Commissioners and will be enacted as part of the Consent Agenda by one motion). A. Adopt the consent agenda items as listed below. 1) Approval of Nlinutes - regular meeting of October 21, 1998. Move to adopt the minutes of the October 21, 1998 regular meeting as presented in writing. 2) Financial Report and Payment of Bills. a. Financial Statement - October, 1998. b. Payment of Bills - October, 1998. Move to approve Resolution 98-15, Resolution of the Columbia Heights Economic Development Authority (lEDA) approving the financial statements for October, 1998 and approving payment of bills for October, 1998. MOTION by Ruettimann, second by Szurek, to adopt the consent agenda items as listed. Al1 ayes. MOTION CARRIED. REPORT OF THE MANAGEMENT COMPANY A. Jennifer Stoopes-Mokamba, Parkview Villa Public Housing Administrator. Ms. Stoopes-Mokamba discussed the problems and replacement of the boiler to clarify the break down of the bills from Owens Service Corporation. The initial bill of $2,532.38 was for the replacement of valves and the assistance in maintaining the heat level in the building. Replacement cost of the boiler, labor, permit and crane was $6,700,00. She requested Board approval for a total of $9,232.38 to Owens Service Corporation. After replacement of the boiler there was air in the system ~vhich has now been eliminated. Prices will be obtained for replacement of the heat exchanger in the spring of 1999. Early cost estimates are between $27,000 and $30,000. Safeway is waiting for 40 speakers that are on back order. Ms. Stoopes-Mokamba is working on the security system specifications. She is also looking for a new window washing company. Ms. Stoopes-Mokamba reviewed Parkview Villa's occupancy status. The Resident Council will be elect/ag new officers to the Executive Board at their next meeting. The birds will not be fed the two weeks through Thanksgiving and then will be fed thistle seed to discourage geese and ducks. MOTION by Ruettimann, second by Jolly, to award heating system valve replacement and boiler replacement work to Owens Services Corporation, based upon their qualified, responsible bid in the amount not to exceed $9,232.38. with funds to be appropriated from 203-463304030; and furthermore, to authorize the President and Executive Director to enter into an agreement for the same. All ayes. MOTION CARRIED. t~conomic Development Authority Minutes November 17, 1998 Page 2 CITIZEN FORUM TO ADDRESS EDA ON MATrERS NOT ON THE AGENDA The only comment was from a Parkview Villa resident who stated that "if anything is wrong we tell Jennifer". RECOGNITION. PROCLAMATIONS, PRESENTATIONS, GUESTS Mr. Anderson stated that Mr. Richard Dustin has submitted his resignation to the EDA. Board members suggested Staff arrange for a plaque to be presented to Mr. Dustin at a future meeting, at his convenience. Mr. Jolly suggested sending Mr. Dustin a thank you letter for his participation on the EDA Board. PUBLIC HEARINGS - None. ITEMS FOR CONSIDERATION A. Other Resolutions - None. B. Bid Considerations - None. C. Other Business 1) TIF Analysis Report. Mr. Anderson indicated the TIF Analysis Report is incomplete but would be ready for presentation at the next EDA Board meeting. 2) EDA Commission Vacancy(s). Mr. Peterson indicated in speaking with the other Board members that when Mr. Ruettimann leaves the Council in January, 1909 he will apply for the EDA Board vacancy. The Board chose to leave the position status quo until then. Mr. Anderson stated there are no other applications outstanding at this time. 3) Section 8 Report. Mr. Anderson stated there are currently 24 vouchers and 22 certificates in use for a utilization of 92 percent. 2Zhe eligible vouchers and certificates will be issued after eligibility work-ups are complete. Metro HRA has not yet replied on the issue of absorbing the Columbia Heights Section 8 program. In an informal conversation between Mayor Sturdevant and Tom McElveen, Metro HRA, he indicated there were concerns regarding absorbing our employees into their program. Mr. Anderson hopes to have a written response from the Metro HRA by the next EDA meeting. Mr. Anderson indicated that Jennifer Bergrnan has been coming in Saturdays and holidays to catch up on portability issues. Board members discussed the economics of the Section 8 program and a comparison of the number of cases handled by Metro HRA staff versus our staff. Mr. Ruettimann suggested that if we keep the program staff should visit Metro HRA to observe how they handle the program. The Family Self Sufficiency requirements were discussed. Mr. Anderson stated three or four people have signed contracts but have no escrow yet as our FSS coordinator has been out on medical leave. Mr. Ruettimann suggested staff contact Anoka County to determine if they have a Section 8 program up and running and see if they would be interested in picking up the Columbia Heights program. 4) CDBG/MHFA Report. Mr. Anderson reported there was not much change in the CDBG/MHFA program. There have been 39 Fix Up Fund requests with 22 approvals. Staff is currently checking the eligibility of four loans. CDBG has 22 people on the waiting list. These participants are divided between low income and very low income. Mr. Anderson explained the current problem finding contractors who are willing and have time to do the work. For certain projects, an option may be to tie this together with a Fix Up Fund loan. 5) Review of MHFA Loan Application/CDBG Program. Mr. Anderson discussed the Community Revitalization Program and the CDBG funds set aside to purchase blighted or dilapidated property. Mr. Anderson has not spoken with residents with two properties on Central Avenue NE as suggested at the last meeting, but presented a map and land/building inventory he compiled with the City Planner on areas for possible CDBG revitalization consideration. Possibilities were scattered sites or target areas such as 42na to 474 Avenue on Central, 404 and University or the industrial zoning district. He felt Central Avenue should be considered first to follow the City Comprehensive Plan. Mr. Ruettimann felt it was most important to consider demolition of 4150 Central. Board members agreed to go ahead on the demolition process. Economic Development Authority Minutes Noveml:~r 17, 1998 Page 3 Also considered was 3739 Central and the need to raze ~ gut the building with cleaning out and making suitable to rent or lease, i.e. a hall. Mr. Ruettimann has spoken to Chuck Detunan who is interested in more parking. Mr. Anderson stated it may be best to hang onto the property until the Livable Communities Grant is decided and the affect this may have on that project. Ms. Szurek suggested a Commission member and staff member speak to the owner of City Wide Locksmithing regarding possibly moving so the entire area around 4150 Central could be renovated. Ms. Jindra felt he would not be interested as the HRA has already moved him once and he has indicated he has no interest in moving again. Ms. Szurek suggested the Building Official inspect City Wide Locksmithing for safety issues and to be sure no one is living at the site. Condemnation of the building was discussed. A resident in the audience questioned the City forcing property condemnations. Through discussion Commission members pointed out that condemnation of property is to ultimately benefit both the property owner and the City. Mr. Peterson stated the locksmith shop looks to have a damaged roof problem and the building has not been maintained. It was agreed that no one wants to lose this business and that speaking to the owner was the £zrst step that should be taken. Mr. Fehst indicated the need to treat people with respect so some kind of deal can be worked out. Mr. Ruettimann questioned the time restraints to use CDBG funds for the demolition of 4150 Central. Mr. Anderson felt the project should be under contract by the end of the year. This would possibly allow for demolition when the weather permits in May or June and allow time to speak to the owner of the locksmith shop. MOTION by Ruettimann, second by Jindra, to direct Staff to seek a bid on the total demolition and removal of the building at 4150 Central Avenue with option a) removal by January 31, 1999 or b) removal by. June 1, 1999 or a date following the lifting ofroffd weight restrict_ions. All ayes. MOTION CARRIED. Discussion included possible costs, asbestos concerns, demolition specifications, publication and possible Super Fund qualification. Mr. Anderson restated the need to begin the process to identify other areas for use of CDBG funds. Mr. Jolly mentioned the request of the School District for CDBG funds. Commissioners felt with the existing needs of the community it would not be wise to allocate these funds to the School District. Mr. Ruettimann indicated that if any CDBG funds roll back to Anoka County it may be possible to funnel them to the School District. ADMINISTRATIVE REPORTS A) Report of the Deputy Executive Director. Southern Anoka County Chamber of Commerce Mr. Anderson, a member of the Government Relations Subcommittee of the Southern Anoka County Chamber of Commerce, stated this group would Like to meet with members of the Columbia Heights Chamber of Commerce and the Columbia Heights City Council possibly on Tuesday, December 15 for a joint participation round table discussion. This meeting could include discussion of the Fridley fence on University, shortage of day care, the Northstar Corridor, and how the Chamber can be involved to promote business needs. Mr. Ruettirnann suggested a meeting with the Columbia Heights Chamber of Commerce first to discuss these issues. Mr. Anderson indicated Staff has been attending the local meetings and doing presentations to keep them current with City plans. Mr. Fehst and several members of the Columbia Heights Chamber of Commerce will be asked to attend this meeting. Mr. Anderson will forward information on this meeting to Commission members. Columbia Heights Mall Mr. Anderson informed members that the closing on the Columbia Heights Mall will be Tuesday, November 24, 1998. The Metro Transit Hub has had minor changes to the concept plan. The new alignment has been approved by Metro Transit and the future Mall owner. There has been contact with some residents of the LaBelle Condos who are opposed to the idea of the transit hub. Mr. Anderson impressed the need to have an informal meeting to explain this project to Columbia Heights residents prior to the formal public hearing, lie has suggested Metro buses pick up interested residents of LaBelle and Parkview Villa and bring them to a public hearing possibly held at N-El to explain the project. Also intended would be a decibel and emissions test at the site with buses present. Mr. Ruettimann requested there be eight (8) in service buses, not new buses, so the tests would be accurate. Parkview Villa residents expressed concern that buses would no longer pick up at their corner. Mr. Fehst assured residents this would not happen. Mr. Jolly stated the Commission wanted to $o on record statin$ the City would not give up current bus stops and they have requested Anoka County keep the Commission informed while allowing City input. Economic Development Authority Minutes November 1'2, 1998 Page 4 Julienne Wyckoff expressed concerns regarding buses coming and going 24 hours a day and about the attraction of undesirable people. The area would have 24 hour security. Mr. Ruettimann stated this would be a crossing station, not a park and ride. Mr. Anderson stated that every 45 minutes about 6 buses would be cycled through the transit hub, diminishing through the late night hours. Commissioners directed Staff to contact NEI to arrange the meeting and determine handicap accessibility and contact the Anoka County Traveler and Metro Transit to pick up interested residents at La.Belle's and Parkview Villa. 44m and University (Park and Ride) Mr. Anderson expressed the Metro Transit comment of possible funds for a potential Park and Ride at 44a Avenue and University. The area is zoned to accommodate this as it is a Limited Business District. The area would be approximately 27,495 square feet for a small 44 space Park and Ride. Mr. Anderson indicated that from a planning standpoint this would be possible. This area could also be looked at for the future Light Rail Transit system. Mr. Anderson questioned if the Commission had any objections to the County acquiring the two homes necessary to develop this site into a Park and Ride. Mr. Peterson had no problem with this as long as the Planning and Zoning Commission would allow the Conditional Use Permit and due process was followed. Mr. Jolly also stated that a public hearing would need to be held. Mr. Ruettimann stated there would be a need to berm and fence along the alley and that homes would be sufficiently screened. Ms. Jindra felt it was a good use for this area. Livable Conununities Demonstration Act Grant Mr. Anderson, though not formally approved, has heard that of the $771,000 requested, approximately $575,000 has been recommended for approval by the Advisory Committee. He will be at the Metropolitan Council Community Development Committee meeting on December 7, with final results available at the December 17,. 1998 meeting of the Metropolitan Council Board. 3982 Van Buren Mr. Anderson has been informed by Joe Hollman, City Planner, that a small vending business is interested in obtaining the HRA property at 3982 Van Buren. Holiday Dinner Commission members agreed December 15~, the night of the regular EDA meeting, would be best for the Commission holiday dinner. Staff was instructed to pick a location and to also invite Mr. Dustin. Commissioners suggested Springsted, Inc. attend the January, 1999 meeting instead of the December, 1998 meeting. Mr. Ruettimann stated that the City Council sometimes receives the EDA information in advance and requested that Staff make sure to also get the necessary information to Ms. Jindra allowing her sufficient time to review necessary information. M2EETINGS The next EDA meeting is scheduled for approximately 6:00 p.m., Tuesday, December 15, 1998 at a location to be determined, in conjunction with the EDA Holiday Dinner. ADJOURNNfENT MOTION by Ruettimann, seconded by Jolly, to adjourn the meeting at 9:20 p.m. Ail ayes. MOTION CARRIED. Respectfully submitted, Patty Muscovitz Recording Secretary H:XEDAminutes\l 1-17-1998