The URL can be used to link to this page

Home My WebLink AboutDecember 2, 1996 RegularCITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 5~421-3878 (612) 78~-:~800 TDD 782-~806 ADMINISTRATION November 27, 1996 Mayor Joseph Sturdevant Cour~cilrnen~ers Donald G. Jolly Meg Jones Gary L. Peterson City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, December 2, 1996, 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 will be provided to allow individuals with disabilities to participate in alt 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 only) 1. CALL TO ORDER/ROLL CALL (Commencement of Cablecasting of Regular Meeting on Television.) 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.) A. Move to adopt the consent agenda items as listed below: 1) Adopt Council Minutes MOTION: Move to adopt the Regular City Council Meeting Minutes of November 25, 1996, and the Levy Hearing of November 18, 1996. 2) Designate Official Newspaper for 1997 MOTION: Move to designate Focus News as the official City newspaper for 1997, and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. 3) Resolution 96- , Resolution Designating Depositories for Funds of the City of Columbia Heights MOTION: Move to waive the reading of Resolution 96- ., there being ample copies available to the public. MOTION: Move to adopt Resolution 96-__, being a resolution designating depositories for city funds of the City of Columbia Heights. 4) Resolution 96- , Resolution Increasing Income Guidelines for Senior Citizens to be Eligible for Reduced Refuse, Sewer, and Water Utility Rates MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. MOTION: Move to adopt Resolution 96- , Being a Resolution Establishing Senior Citizen Eligibility Standards for refuse, sewage disposal, and water supply utility rates. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY iN EMPLOYMENT OF~ THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA FOR DECEMBER 2, 1996, MEETING PAGE 2 5) 6) 7) 8) 9) lO) Establish Hearing Date for License Revocation/Suspension of Rental Property at 1242-44 and 1248-50 Circle Terrace N.E. (J. P. Janson Properties); 656 N.E. 47 1/2 Avenue (David Holton); and 4655 N.E. 5th Street (C. H. Properties) MOTION: Move to establish a hearing date of December 23, 1996 for revocation or suspension of a license to operate a rental property within the City of Columbia Heights against the above-named property owners regarding their rental property. Approve Final Payment for Municipal Project #9600 (1996 Miscellaneous Concrete) MOTION: Move to accept the work for Municipal Project #9600 (1996 Miscellaneous Concrete) and to authorize final payment of $9,794.13 to Gunderson Brothers Co., Inc. of Minneapolis. Resolution 96- , Resolution Approving Participation in the MN/DOT Municipal Agreement Program to Install Emergency Vehicle Pre-Emption Equipment on T.H. 65 MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. MOTION: Move to approve participation in the MN/DOT Municipal Agreement Program for the proposed EVP installations on T. H. 65; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Resolution 96- , Resolution Adopting 1997-1998 Salary and Fringe Benefit Adjustmenis for Non-Union Essential and Confidential Employees MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. MOTION: Move to adopt Resolution 96- ., adopting changes in non- union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized essential and confidential City positions for calendar years 1997 and 1998. Resolution 96- , Resolution Adopting 1997-1998 Salary and Fringe Benefit Adjustments for Non-Union Supervisory Employees MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. MOTION: Move to adopt Resolution 96- ., adopting changes in non- union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar year 1997 and 1998. Resolution 96- ., Resolution Adopting Changes in Wage Ranges and Establishing Wages for Seasonal and Temporary Employees for Calendar Year 1997 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 96- ., Adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 1997. CITY COUNCIL AGENDA FOR DECEMBER 2, 1996, MEETING PAGE 3 1t) 12) 13) Resolution 96-__., Resolution Amending Resolutions 96-71 and 96-73 Regarding Street Improvements MOTION: Move to waive the reading of the resolutions, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 96- , being a Resolution Amending Resolutions No. 96-71 and No. 96-73 regarding street improvements. Approve Payment of Bills MOTION: Move to pay the bills as listed out of proper funds. Approve Licenses MOTION: Move to approve the 1996 license applications as listed upon payment of proper fees, and to approve the rental housing licenses as submitted in the December 2, 1996, memorandum from Lowell DeMars. 5. RECOGNITION, PROCLAMATIONS, PRESENTATIONS, GUESTS A. Values First Presentation 6. PUBLIC HEARINGS Ac Public Hearing-Rental License Revocation/Suspension, 4506-08 Fillmore Street N.E. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , 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 Alexander Cajucom regarding rental property at 4506-08 Fillmore Street N.E. ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Alexander Cajucom regarding rental property at 4506-08 Fillmore Street N.E. in that the provisions of the Housing Maintenance Code have been complied with. Public Hearing-Rental License Revocation/Suspension, 1407-09 Circle Terrace RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 96- ., there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-__, 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 Kurt Loewenthal regarding rental property at 1407-09 Circle Terrace. ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Kurt Loewenthal regarding rental property at 1407-09 Circle Terrace NE in that the provisions of the Housing Maintenance Code have been complied with. CiTY COUNCIL AGENDA FOR D~CEMBER 2, 1990, MEETIN~i P ~.C~E 4. Public Hearing-Rental License Revocation/Suspension, 2215-45th Avenue N.E. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution No. 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-__, 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 Kunal Kamran regarding rental property at 2215-45th Avenue N.E. ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Kunal Kamran regarding rental property at 2215 45th Avenue N.E. in that the provisions of the Housing Maintenance Code have been complied with. Second Reading of Ordinance No. 1338, Ordinance Pertaining to General Provisions of the Personnel Policy RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Ordinance No. 1338, an Ordinance Pertaining to Chapter 3, Article IV of the City Code pertaining to general provisions of the personnel policy. First Reading of Ordinance No. 1337, Ordinance Regulating the Removal of Graffiti RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies for the public. RECOMMENDED MOTION: Move to schedule a second reading of Ordinance No. 1337, being an ordinance regulating the removal of graffiti. Adopt Order Regarding Proposed Rates of Meredith Cable Company RECOMMENDED MOTION: Move to waive the reading of the order, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the order regarding Meredith Cable's Treatment of PEG Fees consistent with the Memorandum of Understanding. RECOMMENDED MOTION: Move to waive the reading of the order, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the order regarding tolling the initial thirty day review of Form 1210 (Programming rates) submitted by Meredith Cable Company on November 8, 1996, for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order, permitting the basic rates to go into effect January 1 1997, subject to rollback and refunds. RECOMMENDED MOTION: Move to waive the reading of the order, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the order regarding tolling the proposed rates and other entries on FCC Form 1205 (Equipment rates) submitted by Meredith Cable Company on November 8, 1996, for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order permitting the equipment rates to go into effect January 1, 1997, subject to rollback and refunds. CITY COUNCIL AGENDA FOR DECEMBER 2, 1996, MEETING 7. ITEMS FOR CONSIDERATION A. Other Resolutions/Ordinances Bid Considerations 1) Authorize Purchase of AutoCADD Release 13 and Softdesk Release 7.5 Programs RECOMMENDED MOTION: Move to authorize the purchase of two AutoCADD Release 13 programs from the State Contract with Ameridata for a total of $5,084.32 (including tax) and one Softdesk Release 7.5 Program from Softdesk in Henniker, New Hampshire, for a total of $3,727.50 (including tax) based on their Iow, qualified, responsible quotes, with funds to be appropriated from 101-43100- 5170 and 212-43190-5170; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Other Business 1) Authorize Amendment to Murzyn Hall Capital Improvement Budget RECOMMENDED MOTION: Move to approve the amended 1996 Murzyn Hall fund #411 capital improvement budget as listed in the Recreation Director's November 27, 1996, memo; move to authorize staff to seek bids to install heat tape on Murzyn Hall; and move to purchase 300 padded folding chairs at a cost of $8,244.00 from the Adirondack Co. based on Iow informal quote. 8. ADMINISTRATIVE REPORTS A. Report of the City Manager B. Report of the City Attorney GENERAL COUNCIL COMMUNICATIONS A. Minutes of the November 4, 1996, Columbia Heights Public Library Board of Trustees meeting B. Minutes of the November 21, 1996, Telecommunications Commission meeting C. Other Communications 10. CITIZEN 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.) 11. ADJOURNMENT Walter R. Fehst, City Manager CiTY OF COLUMBIA HEIGHTS (I--) 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 ADMINISTRATION Mayor Joseph Sturdeuan~ Donald G. Jolly Meg Jones ~ L. Pete~on C~ M~er Wal~r ~ Fehst November 27, 1996 The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, December 2, 1996, 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 activiQes. Upon request, accommodation will be provided to allow individuaJs with disabilities to participate in all City of Columbia Heights' services, programs, and activities. Auxiliary aids for handicapped persons are available upon request n the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, Extension 209, to make gemants. (TDD/782-2806 for deaf only) CALL TO ORDER/ROLL CALL ~' (Commencement of Cablecasting of Regular Meeting on Television.) o. '~ 1 ADDITIONS/DELETIONS TO MEETING AGENDA (' 'he/(?ouncil, upon majority vote of its members, may make additions and deletions to the,,a'genda. These may be items brought to the attention of the Council under t~he Citic. en Fqfum, or items submitted after the agenda preparation dl~adline.) ,., ~CO'NSENT AGENDA ("~se items are considered to be routine by the City Council and will bb,.Je'~acted a~__~art of the Consent Agenda by one motion. Items removed from consent agenda appro~-'~t will t:)~~p as next order of business.) A. I~ve to adopt the consent agenda items as listed below: ~)/ ,~dopt Council Minutes ~, t/MOTION: Move to adopt the Regular City Council Meeting Minutes of ~_ .~/ _November 25, 1996, and the Levy Hearing of November 18, 1996. i~ 2)/'~Designate Official Newspaper for 1997 :_L U MOTION: Move to designate Focus News as the official City newspaper i_. for 1997, and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. Resolution 96- , Resolution Designating Depositories for Funds of the : City of Columbia Heights ,~- MOTION: Move to waive the reading of Resolution 96-__, there being am. pie copies available to the public. !-;~ ,MOTION: Move to adopt Resolution 96- , being a resolution designating ~r---.. /depositories for city funds of the City of Columbia Heights. ~4)-~/' Resolution 96-__, Resolution Increasing Income Guidelines for Senior ~ 0 Citizens to be Eligible for Reduced Refuse, Sewer, and Water Utility Rates MOTION: Move to waive the reading of the resolution, there being ample copies available to the general public. MOTION: Move to adopt Resolution 96-' , Being a Resolution Establishing Senior Citizen Eligibility Standards for refuse, sewage disposal, and water supply utility rates. THE CITY OF' COLUMBIA HEtGHTS DOES NOT DiSCRiMINATE ON THE BASIS OF' DISABILITY {N EMPLOYMENT OR THE PROVISION OF' SERVICES EQUAL OPPORTUNITY EMPLOYER CITY COUNCIL AGENDA FOR OECEMBER 2, 1996, MEETING Establish Hearing Date for License Revocation/Suspension of Rental Property at 1242-44 and 1248-50 Circle Terrace N.E. (J. P. danson Properties); 656 N.E. 47 1/2 Avenue (David Holton); and 4655 N.~,/5tt1"') 1 Street (C. H. Properties) NU ~ MOTION: Move to establish a hearing date of Decemb~ ~2t3~9.6~or revocation or suspension of a license to operate a rental pr~peJ~' within the City of Columbia Heights against the above-named pi~o. Certy owners regarding their rental property. Approve Final Payment for Municipal Project #9600 (1996 Miscellaneous Concrete) MOTION: Move to accept the work for Municipal Project #9600 (1996 Miscellaneous Concrete) and to authorize final payment of $9,794.13 to Gunderson Brothers Co., inc. of Minneapolis. Resolution 96- , Resolution Approving Participation in the MN/DOT Municipal Agreement Program to Install Emergency Vehicle Pre-Emption Equipment on T.H. 65 MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. MOTION: Move to approve participation in the MN/DOT Municipal .~Agreement Program for the proposed EVP installations on T. H. 65; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Resolution 96- , Resolution Adopting 1997-1998 Salary and Fringe Benefit Adjustments for Non-Union Essential and Confidential Employees MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. ,,MOTION: Move to adopt Resolution 96- , adopting changes in non- ,/'union group salary ranges, and establishing salaries and changes in fringe // benefits for non-unionized essential and confidential City positions for calendar years 1997 and 1998. Resolution 96-__, Resolution Adopting 1997-t998 Salary and Fringe Benefit Adjustments for Non-Union Supervisory Employees MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. MOTION: Move to adopt Resolution 96- ., adopting changes in non- union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar year 1997 and 1998. Resolution 96- , Resolution Adopting Changes in Wage Ranges and Establishing Wages for Seasonal and Temporary Employees for Calendar Year 1997 MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. MOTION: Move to adopt Resolution 96- , Adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 1997. CITY COUNCIL AGENDA FOR CJECEMBER 2, 19~E~TING PAGE 1~._~3 / Resolution 96- , Resolution Amending Resolutions 96-71 and 96-73 Regarding Street Improvements ' MOTION: Move to waive the reading of the resolutions, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 96- ., being a Resolution An0ending Resolutions No. 96-71 and No. 96-73 regarding street ~.. "~/in~provements. 1 ~J Approve Payment of Bills ~' MOTION: Move to pay the bills as listed out of proper funds. 1 ), Approve Licenses MOTION: Move to approve the 1996 license applications as listed upon payment of proper fees, and to approve the rental housing licenses as submitted in the December 2, 1996, memorandum from Lowell DeMars. TION, PROCLAMATIONS, PRESENTATIONS, GUESTS · Values First Presentation 6. PU, BLIC HEARINGS Public Hearing-Rental License Revocation/Suspension, 4506-08 Fillmore Street N.E. RECOMMENDED MOTION: Move to close the public hearing and to waive the reading of Resolution 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , 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~ ..~7,a-j-ucom r~.~ga, rcl-i~q a pr -O6~'8~Fillrn~f~-S~t .N.E.. . (".,-~-ALq:ERIqATE MOTION: Move to close the public hearing regarding the revocation ~o!..s~spension of the rental license held by Alexander Cajucom regarding rental property at 4506-08 Fillmore Street N.E. in that the provisions of the Housing aintenance Code have been complied with. reading of Resolution No. 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96-__, 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 Kurt Loewenthal regarding rental property at 1407-09 Circle Terrace· ALTERNATE MOTION: Move to close the public hearing regarding the revocation or suspension of the rental license held by Kurt Loewenthal regarding rental property at 1407-09 Circle Terrace NE in that the provisions of the Housing Maintenance Code have been complied with. CITY COUNCIL AGENDA FOR DECEMBER 2, 1996, MEETING :r~,,:~ublic Hearing-Rental License Revocation/Suspension, 2215-45th Avenue N.E. / F~ECOMMENDED MOTION: Move to close the public hearing and to waive the ~eading of Resolution No. 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , Resolution of the City Council of the Ci~ of Columbia Heights approving revocation pursuant to Ordinance Code Section 5A.408(1) of the rental license h~ld by Kunal Kamran ~garding rental prop~y at 2215-45thAv~N.E. / ALTERNATE MOTION: Move to otose th~ publi~r~ng~~he revocation / or suspension of th~ rental tioense held by Kunal Kamran r~garding rent~ ~ ~15 45th Avenue N.E. in that the provisions of the Housing Maintenan~t ~ode nd ~adin~ of Ordinanco ~o. ~38, Ordinanca ¢o~ainia~ to Provisions of the Personnel Policy RECOMMENDED MOTION: Move to waive the reading of the ordinance, t~ere being ample copies available to the public. ~ ~ RECOMMENDED MOTION: Move to adopt Ordinance No. 1338, a~¢~nAe Pert~hg to Chapter 3, A~iole IV of the City Code pe~aining ~ First ~oa~in~ of Ordinanco ~o. ~ ~BT, Or~inanco ~o~ulatin~ tho ~omoval o~ Graffiti f ~fiCOMME~ED MOIIO~: ~ovo to waivo tho roadin~ of tho ordinanco, thora ~boin~ amplo copios for tho public. ~ECO~M~BfiD MOTIOn: ~ovo to scho~ulo a socon~ roa~in~ of Or~nanco ~o. ~7, b~in~ an ordinance r~ulatin~ th~ removal of ~raffiti..~~~ Adopt Ordor ~ardin~ ~roposod ~at~s of Marodith ~GO~MENDED MOTIOn: Mova to waiva th~ r~a~in~ of tho or, or, thoro ample copies availablo to tho public. ~EGOMMfi~DE~ MOTIOn: Moro to a0opt tho or0or ro~ardin~ Marodith Cable's lreatmant of ~G Fees consistent with tho ~emorandum of Understanding. ~ECOMMfi~DE~ MOTIOn: Moro to waiw tho roadin~ of tho ordor, thoro boin~ amplo copies available to tho public. ~COMM~NDED MOTION: ~ovo to adopt th~ order ro~ardin~ tollin~ th~ initial thi~y ~ay roviow of Form ~2~ 0 (~ro~rammin~ ratos) suBmi~od Dy Moro~ith Company on ~ovembor 8, ~ ~, for an a~ditional ~0 days in or, or to comploto an assessment of tha proposed incroaso and issuin~ an intorim ordor, pormittin~ the rates to ~o into ~ffect Oanua~ ~ ~ ~7, subject to rollback an~ 8EGO~ME~Dfi~ MOTION: Moro to waiw tho roadin~ of tho or,or, thoro ample copios available to tho public. ~EGO~Mfi~DED MOTIOn: ~ow to adopt tho ordor ro~ardin~ tollin~ tho proposed rat~s and othor ontri~s on FGG Form ~205 (fiquipmont ratos) submitt~ by Meredith Cablo Company on ~ovombor 8, ~ ~, for an a~ditional ~0 ~ays or,or to comploto an assessmant of th~ propos~ incroaso and issuin~ an intodm or0or pormittin~ tho oquipmont rates to ~o into offoct ~anua~ ~, ~ ~7, suBjoct to ~llDack and rofunds. CITY COUNCIL AGENDA FOR DECEMBER 2, 19.96, MEETING ~. ITEMS FOR CONSIDERATION Other Resolutions/Ordinances / B'X, Bid Considerations (._.__..21) Authorize Purchase of AutoCADD Release 13 and Softdesk Release 7.5 Programs RECOMMENDED MOTION: Move to authorize the purchase of two AutoCADD Release 13 programs from the State Contract with Ameridata for a totalA of $5,084.32 (including tax) and one Softdesk Release 7.5 Program from~Softd~sk in Henniker, New Hampshire, for a total of $3,727.50 (including tax) base~d 7p~hbir Iow, qualified, responsible quotes, with funds to be appropriat~ fr~r~l-~3100~ 5170 and 212-43190-5170; and furthermore, to authorize ~e )~.y'or~..an.d,,'}Cit~ ,./~anager to enter into an agreement for the same. ,._.,~ /u ~...~, ~,. /(~i\ Other Business I /t 1) Authorize Amendment to Murzyn Hall Capital Improvement Budget '~ RECOMMENDED MOTION: Move to approve the amended 1996 Murzyn Hall fund #411 capital improvement budget as listed in the Recreation Director's November 27, 1996, memo; move to authorize staff to seek bids to install he~t tape on Murzyn Hall; and move to purchase 300 padded folding chairs at~a of $8,244.00 from the Adirondack Co. based on Iow informal quote. ,,8~./ADMINISTRATIVE REPORTS L../~ ,.~ ~ Report of the City Manager -~-~ Report of the City Attorney ~-E/ENERAL COUNCIL COMMUNICATIONS U/,~ Minutes of the Novembe~~ Heights Public Library Board of r''~ Trustees meeting ,//-" . ~ Minutes of the Nover01der 21, 1996, Telecommujaications Commission megting ADD'SS k~k'~'}~~/¢~¢" ~ ' "'I~N~A~T~I"E R~S N~OT~¢ N AG E ~DA~' '~r,~ C0UN~OI~ 10. CITIZEN FORUM TO O (At this time, citizens have an opp'~4.t~to"~scuss with the Council items not on tl~e regular agenda. The citizen is requested to,mit 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.) ~J~-~~~ Manager ~,~. ~k~~~~~'~\ /~~, OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 18, 1996 CALL TO ORDER Mayor Sturdevant called the Special Assessment Levy Hearing to order at 7:00 p.m. Jones, Ruettimann, Peterson, Sturdevant - present Jolly - absent PRESENTATION OF INFOP~.ION BY CITY STAFF The City Manager stated the sealcoating portion of these projects are a continuing program to keep the streets in the city well maintained. Zone I is the sealcoat project area. It is bordered by 37th to 47th Avenues, Central Avenue to Reservoir Boulevard. "- The Public Works Director reviewed the sealcoat project. He noted that no improvements would be made to those streets which are being sealcoated. The bids received for the improvements for this area were very high. There is consideration being given to adding other improvement projects together with the hope that one larger project would attract more affordable bids. The history of the sealcoating project was reviewed relative to the public improvement hearings and the how the associated costs will be assessed against properties or paid by the City. The total project costs is $98,811.65. The engineering costs and administrative costs will be paid by the City leaving a total of $84,314.31 to be assessed against benefitting properties. The assessment rate is $1.95 per street foot and $0.65 per avenue foot. The Public Works Director reViewed the second item on the public improvement hearing agenda, that being reconstruction of the alley between 37th and 38th Avenues west of Quincy Street. This project resulted from a petition received from property owners in the area requesting the reconstruction. The total cost of the project is $10,236.28. The City's share for labor and equipment, engineering and administrative costs totals $10,236.28. The remaining costs of $2,841.60 will be assessed against the three benefitted properties at $11.84 per assessable alley foot. SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 18, 1996 PAGE 2 e Be OUESTIONS AND COMMENTS FROM CITY COUNCIL AND PUBLIC A resident wh~ lives on 41st Avenue inquired if all of his neighbors were being assessed for this sealcoat project. He was advised that this is the case. A property owner whose home is at 45thAvenue and Tyler Street inquired as to the methods of payment for the assessment he received associated with the sealcoating project. Staff reviewed how this could be paid without penalty or with penalty and interest and what timeframes were available. The property in question is a corner lot and received a street and an avenue assessment. APPOVAL OF RESOLUTION_NO. 96-75 BEING A RESOLUTION ADOPTING ASSESSMENT ROLL Motion by Ruettimann, second by Peterson to close the public hearing and to waive the reading of Resolution No. 96-75 there being ample copies available for the public. Roll call: All ayes R E S O L U T I O N NO. 96 - 7~ 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 all other proceedings, heretofore had: Special Assessments numbered 915 and 921. WHEREAS, the City Council of the City of Columbia Heights, Minnesota, met at 7:00 o'clock p.m. on the 18th day of November, 1996, 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 improvements above described, a notice of such hearing having been heretofore duly published as required by law, and a notice mailed to each 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 improvements and has prepared an assessment roll therefore, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS HEREBY RESOLVES: SPECIAL ASSESSSMENT LEVY NEARING NOVEMBER 18, 1996 PAGE 3 Section 1. That this Council does hereby adopt the aforesaid assessment roll known and described as "Assessment Roll for Local Improvements" numbered 915 and 921. 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 benefited 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 assessments may be paid in part or in full without interest on or before December 19, 1996, or in annual installments for a period of from one year to five years as designated on the assessment roll, payable on or before the 15th day of September, annually, with 9.5% 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 knownand numbered as Local Improvement numbered PIR 915 - Project #9601 and PIR 921 - Project #9515. Section 5. This resolution shall take effect immediately upon its passage. Passed this 18th day of November, 1996. Offered by: Seconded by: Roll Call: Ruettimann Peterson Ail ayes Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary SPECIAL ASSESSMENT LEVY HEARING NOVEMBER 18, 1996 PAGE 4 ~DJOURNMENT Motion by Pet~rson, second by Jones to adjourn the levy hearing at 7:17 p.m. Roll call: All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary 'OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 25, 1996 1: CALL_TO ORDER/ROLL CALL Mayor Sturdevant called the meeting to order at 7:00 p.m. Mayor Sturdevant and Councilmembers Jones, Jolly, Ruettimann and Peterson were present. PLEDGE OF ALLEGIAN.~E e ADDITIONS/DELETIONS.TO .THE MEETING AGENDA The City Manager advised that the representative of the Values First program is not able to attend this Council meeting to make his presentation. He will be attending a future Council meeting. CONSENT AGENDA Motion by Ruettimann, second by Jones to approve the Consent Agenda items as follows: Adopt Council Minutes The Council approved the minutes of the November 12, 1996 Council Meeting. Establish a Public Hearing to Consider Alley Lightin~ The Council established December 23, 1996 at 7:00 p.m. as a Public Hearing for consideration of alley lighting between Reservoir Boulevard and Tyler Street, 39th Avenue to 40th Avenue. Adopt City's Master Plan for snowplowing. Removal and I~.e control The Council adopted the Columbia Heights Master Plan for snowplowing, removal and ice control. Adopt the 1997-1998 Teamsters Labor Agreement .- Sergeants - Resolution NQ, 96-7~ The reading of the resolution was waived. Police RESOLUTION NQ- 9~-76 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 230, POLICE SERGEANTS REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 2 WHEREAS, negotiations have proceeded between the Teamsters, Local 230, representing Poli:ce Sergeants of the City and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WHEREAS, a copy of said contract is available for inspection at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for Teamsters, Local 320 - Police Sergeants, bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 25th day of November, 1996. Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Adopt 1997-1998 Teamsters Labor Agreement - Police Officers - R~so%ution ~0. 9.6-77 The reading of the resolution was waived. RESOLUTION NO. 96-77 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND TEAMSTERS, LOCAL 320, POLICE OFFICERS WHEREAS, negotiations have proceeded between the Teamsters, Local 320, representing Police Officers of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WHEREAS, a copy of said contract is available for inspection at the Office of the city Manager and is made a part hereof by reference; REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 3 NOW, THEREFORE, BE IT RESOLVED, that the contract agreement as negotiated, be. and is hereby established as the salary and fringe benefi% program for calendar years 1997 and 1998 for Teamsters, Local 320 - Police Officers, bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 25th day of November, 1996. Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Adopt 1997-1998 AFSCME Labor Agreement - Resolution No. 96-78 The reading of the resolution was waived. R~SOLUTION NO. ~96-78 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 14, Local No. 495, representing clerical and technical employees of the City, and members of the City negotiating team, and said negotiations have resulted in a mutually acceptable contract for calendar years 1997 and 1998; WHEREAS, a copy of said contract is available for inspection at the office of the city Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement is negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 1997 and 1998 for AFSCME bargaining unit employees of the City; and, BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this 25th day of November, 1996. .REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 4 Offered by: Seconded by: Roll call: Ruettimann Jones Ail ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary The Council authorized the Mayor and City Manager to execute the necessary documents with Standard Insurance of Portland for long term disability insurance for the full-time Clerical/Technical employees represented by AFSCME. The Council authorized the Mayor and City Manager to execute the necessary documents with Prudential Life Insurance to provide for $10,000 basic life insurance for the full-time clerical/technical employees represented by AFSCME. Approve Amended SRA Joint Powers Agreement and ByLaws The Council approved the amended Joint Cooperative Powers Agreement and ByLaws of the Suburban Rate Authority as presented and authorized the Mayor and City Manager to enter into the agreement. Establish Work Session Date for Dec~m]Der The Council established Monday, December 16, 1996 at 7:00 p.m. as a Council work session date for December. Adopt Resolution No. 96-79 Being a Resolution Appropriating Fund Balances for Capital .Improvements This resolution will reassign expenditures for optical scanning software, computer equipment and cabling to the Cable Television Fund. The reading of the resolution was waived. RESOLUTION NO. 96-79 RESOLUTION APPROPRIATING FUND BALANCES FOR CAPITAL IMPROVEMENTS WHEREAS, the City Council has reviewed the 1996 budget for Funds 225 (Cable Television), 411 (Capital Improvements- General Government Buildings), and 430 (Infrastructure); and WHEREAS, the expenditure for fiber optics cabling, computer equipment, scanning equipment, and software for optical scan system is an appropriate use of Cable Television funds; and REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 5 WHEREAS, there is a need for additional funding in the Infrastructure Fund; THEREFORE, BE IT RESOLVED that $70,000 is appropriated in the Cable Television Fund 225 for optical scan equipment, cabling, and software; and expenditures previously authorized for the optical scan equipment from the Capital Improvements-General Building Fund 411 be transferred to the Cable Television Fund 225; and BE IT FURTHER RESOLVED that the $70,000 budgeted in the Capital Improvements-General Government Buildings Fund 411 be appropriated as an operating transfer to the Infrastructure Fund 430. Passed this 25th day of November, 1996. Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary Approve AmendmeDt to GIS Range Rider ProGram Contract Between the cities of Columbia Heights~Fridley/Andover The Council authorized a change of fiscal agent to the inter- local agreement for GIS services approved on October 28, 1996 with the cities of Andover and Fridley. Accept.Donation from VFW Post #230 The Council accepted a donation of $75.00 from the local VFW Post #230 to be used toward the purchase of paint brushes, drop cloths, paint, and other items required in the graffiti clean up program. Authorize_Staff to S.eek Bids for Recycling Center The Council authorized staff to seek bids for the installation of concrete flooring in the new cold storage building. Approve Payment of Bills The Council approved payment of the bills as listed out of proper funds. ~REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 6 e Approve License Applications The Council approved payment of the bills as listed upon payment of proper fees. Roll call on Consent Agenda: Ail ayes RECOGNITION. PROCLAMATIONS. PRESENTATIONS. GUESTS A. Recognition of Retiring Charter Commission Members Personalized clocks were presented to retiring Charter Commission members, Ken Kronstedt and Steve Mihalchick. PUBLIC HEARINGS A. First Reading Of Ordi~aDce No. 1~3~. Being an Ordinance Pertaining to..~eneral Provisions of the Personnel Policy The primary change being made to the Code by this ordinance is the addition of language which addresses criminal history checks. To allow the City to conduct criminal history background checks utilizing the National Crime Information Center, there must be an ordinance in place authorizing such an investigation. It was also noted that additional changes are being proposed to this section to update and reflect current protections under the law and current practices. The Assistant to the City Manager advised that these checks are done when a conditional offer for employment is made for a permanent or permanent part-time position. She stated this would not include members of boards or commissions as the policy is based on duties performed. Councilmember Ruettimann mentioned checks of those people who deal on a volunteer basis with minors, seniors, money, etc. He felt the ordinance in its current form was really broad. The City Attorney stated that the language in the proposed ordinance was sufficient to cover these situations. An option would be to list all of the positions where this check would not be required. This could be a cumbersome task. The City Manager stated that the ordinance could bere-looked at and brought back for Council consideration. The Public Works Director suggested that the reading of the ordinance be approved and that a written policy could be drafted to address the stated concerns. He noted that policies could be changed and would allow staff some flexibility. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 7 Councilmember Ruettimann requested staff be directed to draft a policy and return it for Council consideration at the next City Council meeting. Motion by Peterson, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes ORDINANCE NO. 1338 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO GENERAL PROVISIONS OF THE PERSONNEL POLICY The City of Columbia Heights does ordain: Section 1: Section 3.401 (2), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin, physical disability (where such disability does not interfere with the completion of assigned duties) or sex. The Manager shall designate an Affirmative Action Officer from the administrative service to formulate and recommend to the City Council a program of positive action by the City to insure that the aforementioned principles are followed. The Affirmative Action Officer shall advise the Council and the Manager on implementation methods for said program. is hereby amended to read: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin, eem~e~em-e~-es~i~~ha~~ sex. marital status, status with regard to public assistance, membership or activity in a local commission, disability~ sexual orientation, or age'. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 8 The Manager shall designate an Affirmative Action officer from the administrative service to.formulate and recommend to the City Council a program of positive action by the City to ~nsure that the aforementioned principles are followed. The Affirmative Action Officer shall advise the Council and the Manager on implementation methods for said program. Section 2: Section 3.401(3), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. The policies and procedures as hereinafter provided by this Article shall apply to all personnel except: (a) elected officials and members of boards and commissions, (b) volunteer personnel and personnel appointed to serve without pay, (c) consultants rendering temporary professional services, (d) positions involving seasonal or temporary employment, (e) employees classified under' the Joint Police and Fire civil Service Commission, (f) the City Manager. is hereby amended to read: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 9 ~eie~e-shaii-a~iy-ee-ai~-~eesemee~-e~ee~e ~b~--ve~m%ee~--~-am~-~-appe~nee~--C~--ee~-~e w~he~e-~e~? ~d+--~es~e~ems-~mve~v~m§-seaseee~-ee-eem~e~ee~-em~e~meme7 e~v~-Se~v~ee-eemm~ss~em7 ~--~he-e~y-Mama~e~? Section 3. Section 3.401 (4), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. (b) Tenure of employees covered by this section shall be subject to good behavior, the satisfactory performance of work, availability of work and the availability of funds. is hereby amended to read: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. (a) Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. (b) At the direction of the City Manacer. or his/her designee~ the police department ~s auth6riZed t© cQDduct criminal history background investigations on applicants for positions with the.city, as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 10 city manager, or his/her designee~ has determined that conviction of a crime may relate directly to theposition sought. The police department may not perform a background investigation unless the applicant consents in. writing to the investigation, and to the release of the investigation information to the_city manager and other city staff as may be appropriate. An applicant's failure to provide consent, may dis_~ualify the applicant.for the position sought.. If the ~pplicant's ~Dplication is regected due so%ely or in part to the applicant's prior conviction of a crime, subject to the exception set forth in Minnesota Stat~tes.,.~ection ~64.Q9, the city managerJ or his/her designee, must notify the applicant in writing of the followina: a~ the grounds and reasons for the rejection; the apDlicable complaint and grievance Drocedure set forth in Minnesota Statutes. section 364.06; c) the earliest date the applicant may reaDDlY for employment; and that all cqmpetent evidence of rehabilitation will be considered upon re~Dplication. (be) Tenure of employees covered by this section shall be subject to good behavior, the satisfactory performance of work, availability of work and the availability of funds. Section 4. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Be Motion by Peterson, second byRuettimann to schedule the second reading of Ordinance No. 1338 for December 2, 1996 at approximately 7:00 p-m- Roll call: All ayes Second Reading of Ordinance No. 1334 Being an Ordinance Pertaining to Garbage. Rubbish and Recyclable Materials Motion byRuettimann, second by Jones to waive the reading of the ordinance there being ample copies available for the public. Roll call: Ail ayes ORDINANCE NO, 1334 BEING AN ORDINANCE AMENDING NO. 853, CITY CODE OF 1977 AND PERTAINING TO GARBAGE, RUBBISH AND RECYCLABLE MATERIAL REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 11 The City of Columbia Heights does ordain: Section 1: Section 8.301 (1) d of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste, and soft bodied green herbaceous material under one inch (1") in diameter. is hereby amended to read as follows: 8.301(1)(d) "Yard Waste" shall mean grass, clippings, leaves, weeds, garden waste,-e~-~f~-~ ~een-he~baeeems-ma%e~&a~-~e~-eae-&aeh-%~"% ~a-~ameee~=, twigs and.branches less than 4" in diameter. Section 2: Section 8.301 (4) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up to six feet (6') in length (during January); (e) small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 12 (f) yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; and (g) stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; is hereby amended to read as follows: 8.301(4) Ail accumulations of garbage, rubbish and yard waste must be deposited and contained within the containers as provided in this section, except that: (a) tree limbs with diameters of less than four inches (4") and lengths of less than four feet (4') tied into bundles, said bundles not exceeding eighteen inches (18") in diameter; (b) leaves, grass or rubbish in waterproof containers (no larger than permitted 30 gallon garbage can liner size), not exceeding thirty-five pounds (35 lbs.) in weight; (c) Bundles of newspapers and magazines tied securely and weighing less than thirty-five pounds (35 lbs.); (d) Christmas trees up. to six feet (6') in length (during January); yard waste in plastic and paper biodegradable bags ( no larger than permitted 30 gallon garbage can liner size), not exceeding thirty- five pounds (35 lbs.), or a permanent ventilated thirty-two (32) gallon fly tight metal or thermoplastic container weighing no more than seventy-five pounds (75 lbs) with handles; REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 13 .shall be placed on pick up day at the curb line;and stone, sod, earth, concrete, and building materials resulting from repairs and minor remodeling of the residence on the property at which these materials have been placed along with carpeting, carpet padding, mattresses, chairs, couches, tables and other such items of furniture; small household items including small appliances, tools and articles of furniture weighing less than thirty-five pounds (35 lbs.); shall be placed on pick up day next to the garbage cans where alley pick up is available or at the curb line in areas where no alleys exist. Section 3: Section 8.301 (5) of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: 8.301(5) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. Garbage cans must be removed from your curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. All authorized yard waste containers shall be placed on the alley line, where alleys are platted and open, separated from garbage and refuse, or at the curb line in areas where no alleys exist. All authorized City recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. is hereby a~ended to read as follows: 8.301(5) fa) Where alleys are platted and open to traffic, garbage cans shall be placed at the rear of said property adjoining the alley. Where no alley exists, garbage cans will be kept at or near the back door; provided however, that where the back door is not reasonably accessible from the front yard, the container shall be placed at a point adjacent to the house which is reasonably accessible from the front yard. REGULAR COUNCIL MEETING NOVEMBER 2, 1996 PAGE 14 Garbage cans must be removed from yem~ the curb line within twenty-four hours (24) after scheduled collection, and cannot be placed on the curb line more than twenty-four (24) hours before scheduled collection. Ail a~he~ze~ yard waste ehe-e~ey-A&me?-whe~e-a~eys-ere-~a~ee~-a~d-epee?-mepe~eee~ plastic and Daper bass (no larger than the_permitted 30 callon garbage can liner size% not exceeding thirty-five pounds (35 lbs.%, or a _permanent. ventilated thirty-two (32% gallon fly tight metal Dr thermoplastic container weighing no more than seventy-five pounds (75..lbs.~ with handles; shal~...be placed on the curb line on collection day. Ail authorized city recycling containers shall be placed at the curb line on pick up day regardless of existing alleys. Section 4: 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: November 12, 1996 November 25, 1996 November 25, 1996 Offered by: Seconded by: Roll call: Ruettimann Jones All ayes Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary C. Second Reading of Ordinance No. 1328 Being an Ordinance Pertaining to. Abandonment of the City Charter The City Manager explained why the former action taken by the Council was not viewed as having put this issue to rest. Previously, the Council has reconsidered the ordinance to abandon the charter. The action taken to reconsider essentially tabled the issue indefinitely. This was done on June 10, 1996. Members of the Charter Commission have suggested this ordinance should be voted down on its second reading. Members of the City Council felt it had been handled at the June 10, 1996 reading and required no further consideration. REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 15 Councilmember Ruettimann inquired if the Council wanted to reconsider this ordinance it could be brought back. The City Attorney respohded this is accurate. Motion by Sturdevant, second by Ruettimann to waive the reading of the ordinance there being ample copies available for the public. Roll call: All ayes Motion by Sturdevant to adopt Ordinance No. 1328 being a ordinance calling for the abandonment of the City Charter. Motion fails for lack of a second. 7. ITEMS FOR CONSIDERATION A. Other Resolutions/OrdinanCe~ There were no other ordinances or resolutions. B. Bid cons~deratioDs There were no bid considerations. C. Dther Business The City Manager advised there would be an Executive Session following adjournment of the Regular Council Meeting. ADMINISTRATIVE REPORTS A. Report o~ the City Manager The City Manager had nothing to report at this time. B. Report of the City Attorney The City Attorney had nothing to report at this time. 9. ~ENERAL COUNCIL COMMUNICATIONS REGULAR COUNCIL MEETING NOVEMBER 25, 1996 PAGE 16 Minutes of the October 17, 1996 Charter Commission Meeting were included in the agenda packet. 10. No one was present for the citizen Forum Council Meeting. portion of the 11. ADJOURNMENT Motion by Ruettimann, second by Peterson to Council Meeting at 7:25 p.m. Roll call: All ayes adjourn the Mayor Joseph Sturdevant Jo-Anne Student, Council Secretary CITY COUNCIL LETTER MEETING OF: DECEMBER 2, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPT.: CITY MANAGER NO: /~ FINANCE APPROVAL ITEM: NEWSPAPERDESIGNATING AN OFFICIALFoR 1997 BY: y~ITE BY: ~jy~ DATE: NOV. 25, 1996 NO: /~. Ao ~¢.,) Each year the City Council designates an official newspaper for publishing of leg~_l_notices and other required publications. State statutes require the newspaper to be published on a minimum of a weekly basis. Statutes also limit the amount the newspaper can charge, to the rate paid by commercial users. Based on this, there are only two newspapers serving Columbia Heights that meet the criteria: Focus News and the Star Tribune. Based on rates charged to corrkmercial customers, the Focus News is the least expensive alternative. The Star Tribune's 1997 rate is $2.60 per line, up from $2.40 per line in 1996. The following is a comparison of the 1996 rates to the 1997 rates for the Focus News: :::::::::::::::::::::::::::::::::::::::::::::::::::::::: One Column Width: Per line, first insertion 0.85 0.90 5.9 Per line, subsequent insertion 0.48 0.50 4.5 Two Column Width: Per line, first insertion 1.70 1.80 5.9 Per line, subsequent insertion 0.96 1.00 4.5 The majority of the City's publications are one insertion. According to the attached letter from Focus News, this would result in a 5.9% increase in 1997. RECOMMENDED MOTION: Move to designate Focus News as the official City newspaper for 1997 and to authorize the Mayor and City Manager to enter into an agreement with Focus News for required publications. WE:dn Attachment 9611253 COUNCIL ACTION: ~ecem~r 4, !995 Ms. Deborah Novak City of Columbia Heights 590 40th Avenue, NE Columbia Heights, MN 55421 Dear Deb: We would bc pleased if you would consider the Focus Noir, as the. newspa~r far the year 1~7 al your City Council Meeting. We want to thank you for your patronage this past year and we. look forward to the iuture. We endeavor to prim each '~ ,,-r~,,, accurately and m f6llow a~.y written specifications you have included with your legal. Because we realize the cities afc trying to hold expenses to a minim;am, we b. ave also t_ried to keep our increase in the legal rate lor i997 to a minimmu. The ~ate stmcrare for legals, effective lanua~/!, !'997, wilt be: 1 column .$0,90 per linc -, first insertion ($9.90 per cot. in.) SO qn ,,,,r I;,,- - SubSequent insertions ($5.50 per col. in.) 2 column width: $ i.80 per line - firsl i~.seriiuii ($19.80 per col. in.) $I.00 per line - subsequent insertion ($I 1.00 per col. in.) Notarized affidavir, i wi!! be provided for each Of your publications. Alt publications should be received ia our office, by F~'iday at noon preceditlg ou~ Thursday publications. !n order to expedite our service to you, please direct your legal notices ~o Focz~, New& afi~.nfion Linda Mchtym. Legal ~btications, 28 !9 Hanfline Avenue N. Kosev~le, MN 55113. We pzeie~ legals no~ ~ f~xed unless [t isa hie legal and we wilt gladly work that out with you. ~re am having ~ea~ success using a disk and tr~s~et~ing info!ma- rion into our computer system. This has made this year's lega ads e~or free wl~ch is what we al s~ive for in a legal publication. If you have budget reports or anything done on a spread sheet, we will continue to use your had copy and reduce your original to fit our paper's size, therefore, no disk is needed. If you have arty questions or am in douJot oa a specific legal, please give Linda a c~!. Thank you for considering the Foc~ts New~ as your official newspaper for the uPcon~ng year. We are honored ~d pleased to serve you and took forward to a mutually beneficial working relationship with lh~ City of Columbia Heights. Publisher 2~19 No~hH~iineAvenue, Ro~,,~, MN r=~!3 ' a~3-34~ ' fax 633-9550 CITY COUNCIL LETTER MEETING OF: DECEMBER 2, 1996 AGENDA SECTION: C 0tis E tit ORIGINATING DEPT.: CITY MANAGER NO.: ,~ FINANCE APPROVAL ITEM: DESIGNATING DEPOSITORIES FOR BY: WILL~IA~ E FUNDS OF THE CITY OF COLUMBIA HEIGHTS DATE: NOV. 2 NO.: d~, A-, ~) Each year the Council passes a resolution designating depositories for City funds and for investment purposes. The attached resolution follows the general format of the resolution passed in previous years. Under this resolution, investment firms that may be used by the City must be located in the State of Minnesota, and all investments must comply with authorized investments as set forth in Minnesota statutes. The resolution also contains a section covering access to City safe deposit boxes. It is staff's recommendation that the City Council adopt this resolution. RECOMMENDED MOTION: Move to waive the reading of Resolution 96-~ there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96- depositories for City funds of the City of Columbia Heights. , being a resolution designating WE:dn 9611251 Attachment COUNCIL ACTION: RESOLUTION NO. RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES AND SAFE DEPOSIT ACCESS FOR THE CITY OF COLUMBIA HEIGHTS IT IS HEREBY RESOLVED, that Northeast State Bank, Norwest Bank, and First Bank National Association 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, Norwest Bank, and First Bank National Association 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, Norwest Bank, and First Bank National Association shall be entitled to honor and to charge this corporation for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Clerk or other officer of his corporation. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the City Council of the corporation and certified to as governing the operation of this corporation's account(s) with it, be and are hereby continued in full force and effect, except as the same may be supplemented or modified by the foregoing part of this resolution. BE IT FURTHER RESOLVED, that all transactions, if any relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of this corporation with said banks prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. BE IT FURTHER RESOLVED, that any bank or savings and loan located in the State of Minnesota may be used as depositories for investments purposes so long as the investments comply with authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that any brokerage firm located in the State of Minnesota may be used as a depository for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. BE IT FURTHER RESOLVED, that the signatures of any one of the following named City employees are required for access to safe deposit boxes: Finance Director City Manager Assistant Finance Director Accounting Coordinator Passed this Offered by: Seconded by: Roll Call: day of ,1996 Joseph S. Sturdevant, Mayor Jo-Anne Student, Council Secretary 9512111 CITY COUNCIL LETTER MEETINGOF: DEC. 2, 1996 AGENDA SECTION: ¢ 0NS EtqT ORIGINATING DEPT.: CITY MANAGER NO: ~ FINANCE ~ ,2 APPROVAL ITEM: iNCoMERESOLUTIONGuiDELiNEsINCREASING BY: JUNE JOHNST~ BY~,,d~/--~J~ NO: ~-~ ~{,, ~) DATE: NOV. 25, 1990,Jv Income eligibility guidelines for senior citizen utility rates are established on an annual basis. The 1996 maximum income eligibility level was set at $16,300. Attached is a resolution establishing the 1997 maximum income eligibility level at $16,600 to receive reduced senior citizen rates in 1997. Tl-ds 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 1997, the maximum Social Security level for a 65 year old individual is $15,912. The 4% adjustment to this figure in the City's eligibility level allows for $688 in other income. The City Council can set any formula or amount for income eligibility. The formula used here and in the past is equitable for the truly low income senior citizens. If the City establishes the income eligibility guideline at a higher level, more people will qualify. As more people quatify 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 96- being a resolution Establishing Senior Citizen Eligibility Standards for Refuse, Sewage Disposal and Water Supply Utility Rates. JVJ:dn 9611262 COUNCIL ACTION: RESOLUTION NO. 96- 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 $16,600 will be eligible for reduced rates. BE IT FURTHER RESOLVED that the above eligibility standard be effective January 1, 1997. Passed this day of ,1996 Offered by: Seconded by: Roll Call: Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary CITY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: Consent ORIGINATING DEPARTMENt: CITY MANAGER APPROVAL NO: ~ Fire ITEM: Establish Hearing Date BY: Lowell DeMars BY:/z,//~~ License Revocation, Rental Property _ NO: ~ ~, ~' ) DATE: Nov 19, 1996 DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following property owners regarding their rental properties for_.failure to meet the requirements of the Housing Maintenance Code. 1) 2) 3) 4) J. P. Janson Properties ....................... 1242-44 Circle Terrace NE J. P. Janson Properties ....................... 1248-50 Circle Terrace NE David Holton ............................. 656 NE 47-1/2 Avenue C. H. Properties ........................... 4655 NE 5th Street RECOMMENDED MOTION: Move to Establish a Hearing Date of December 23, 1996 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights Against the Above- Named Property Owners Regarding their Rental Property. 96-187 COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 12/2/96 AGENDA SECTION: C 0 N S E blt ORIGINATING DEPARTMENT: CITY MANAGER NO' ~/ PUBLIC WORKS ~~ By..~~//~ ITEM: FINAL PAYMENT FOR MUNICIPAL BY: M. Winson : NO. PROJECT #9600 (1996 MISC. CONCRETE,) ~ DATE: 11/25/96 DATE: Attached is the Certification for Final Payment for Municipal Project #9600 (1996 Miscellaneous Concrete). This completes the Miscellaneous Concrete work which amounted to $23,614.70. A spreadsheet showing the quantities and total dollar amounts for the different departments and projects is attached. Staff is recommending approval of fmal payment to Gunderson Brothers Co., Inc. and acceptance of the work. RECOMMENDED MOTION: Move to accept the work for Municipal Project #9600 (1996 Miscellaneous Concrete) and to authorize f'mal payment of $9,794.t3 to Gunderson Brothers Co., Inc. of Minneapolis. MAW:jb 96-622 Attachment COUNCIL ACTION: 1 14 - Nov- 96 CITY OF COLUMBIA HEIGHTS, MN FINAL PAYMENT MUNICIPAL PROJECT #9600 1996 MISCELLANEOUS CONCRETE GUNDERSON BROS. CEMENT CO. 1NC. 2325 Shelling Ave. MINNEAPOLIS, MINN. 55404 NO. UNIT QUANT. DESCRIPTION UNIT PRICE TOTAL 1 L.F. 519.8 Remove curb & gutter $5.00 $2,599.00 2 L.F. 519.8 Construct conc. curb and gutter $15.50 $8,056.90 3 S.F. 1057.0 Remove concrete street $1.75 $1,849.75 4 S.F. 1057.0 Construct 8" concrete street $4.50 $4,756.50 5 S.F. 385.0 Remove concrete alley/apron $1.75 $673.75 6 S.F. 385.0 Construct 8" conc. alley/apron $4.50 $1,732.50 7 S.F. 467.5 Remove concrete drwy/apron $1.50 $701.25 8 S.F. 467.5 Construct ~' conc. drwy/apron $3.75 $1,753.13 9 S.F. 394.2 Remove concrete sidewalk $1.00 $394.20 10 S.F. 422.2 Construct 4" concrete sidewalk $2.60 $1,097.72 TOTAL BID COMPLETED TO DATE $23,614.70 MINUS PREVIOUS PAYMENTS ($13,820.57) TOTALDUE $9,794.13 I hereby certify to the City Council of Columbia Heights that I have been in charge of the work required bYthe above contract; that all work has been d~ne and p/e,)fformed as measured by and in accordance with and Mark A/Winson, P.E. Rog. No. 18829 D~te I accept the above payment as final for the work done under this contract. B 0S.'C MENT CO. NC. Date z 0 0 CITY COUNCIL LETTER Meeting of: 12/2/96 I AGENDA SECTION: CONSENT ORIGINATING DEPAR~MElq~ CITY MANAGER NO. ITEM: SHARING OF COSTS TO INSTALL BY: M. Winson v~ BY DATE: NO. EVPONT.H. 65~t~"' 'I / · , A...~ "~ DATE: 11,25,96 The Engineering Department is pursuing participation in the Mn/DOT Municipal Agreement program to share in the costs to install EVP on T.H. 65. The attached resolution is needed to request participation in this program. RECOMMENDED MOTION: Move to waive the reading of the Resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to approve participation in the Ivln/DOT Municipal Agreement Program for the proposed EVP Installations on T.H. 65; and, furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. MAW:jb 96-623 Attachment COLrNCIL ACTION: RESOLUTION NO. 96- BEING A RESOLUTION TO REQUEST PARTICIPATION IN THE MN/DOT MUNICIPAL AGREEMENT PROGRAM WHEREAS, the City Council of Columbia Heights is interested in entering into a Cooperative Agreement with Mn/DOT under the Municipal Agreement Program and, WHEREAS, the proposed project is to install Emergency Vehicle Pre-emption equipment on the traffic signals on T.H. 65 from 40th Avenue to 52nd Avenue. NOW THEREFORE BE IT RESOLVED, that the City Council requests Mn/DOT funding through the Municipal Agreement Program for the proposed EVP installations on T.H. 65. Dated this 2nd day of December , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA BY: Joseph Sturdevant, 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 2nd day of December, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk CITY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY MANAGER' S APPROVAL BENEFIT ADJUSTMENTS FOR NON-UNION ESSENTIAL DATE: !t-22-9,6 ~/~! DA NO:AND CONFIDENTIAL EMPLOYEES Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union essential and confidential employees. These adjustments are consistent with the adjustments negotiated for other employee groups. The proposed changes are as follows: Wages 1997: 1998: 3% adjustment over 1996 wages 3.5% adjustment over 1997 wages Insurance 1997: $340 per month (1996 = $300 per month) 1998: $375 per month RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adept Resolution 96- ,.adopting changes in non-union group salary ranges, and establishing salaries and changes zn fringe benefits for non-unionized essential and confidential City positions for calendar years 1997 and 1998. COUNCIL ACTION: SCHEDULE B 1997 MONTHLY SALARY SCHEDULE EF~CTIVE JANUARY 1, 1997 Page 1 of 3 PAYROLL/ACCOUNTING CLERK SECRETARY TO THE CITY MANAGER COUNCIL SECRETARY* ASSISTANT FIRE CHIEF* ASSISTANT TO THE CITY MANAGER POLICE CAPTAIN* Entry 6 Months 1 Year 2 Years 3 Years $2,379 $2,460 $2,541 $2,622 $2,703 $2,357 $2,437 $2,517 $2,598 $2,678 $2,372 $2,453 $2,534 $2,615 $2,696 $3,579 $3,701 $3,823 $3,945 $4,067 $3,784 $3,913 $4,042 $4,171 $4,300 $3,855 $3,987 $4,118 $4,250 $4,381 *Those employees in the position of Council Secretary, Assistant Fire Chief, and Police Captain hired prior to Council ratification of the City's Comparable Worth Implementation Plan (July 25, 1988) will progress on the following schedule for 1997: COUNCIL SECRETARY ASSISTANT FIRE CHIEF POLICE CAPTAIN Entry 6Months 1 Year 2 Years 3 Years $2,500 $2,585 $2,671 $2,756 $2,841 $4,026 $4,163 $4,301 $4,438 $4,575 $4,406 $4,556 $4,707 $4,857 $5,007 LLM/cb SCHEDULE B 1998 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 1998 Page 2 of 3 PAYROLL/ACCOUNTING CLERK SECRETARY TO THE CITY MANAGER COUNCIL SECRETARY* ASSISTANT FIRE CHIEF* ASSISTANT TO THE CITY MANAGER POLICE CAPTAIN* Entry 6 Months 1 Year 2 Years 3 Years $2,462 $2,546 $2,630 $2,714 $2,798 $2,439 $2,523 $2,606 $2,689 $2,772 $2,455 $2,539 $2,623 $2,706 $2,790 $3,704 $3,830 $3,956 $4,083 $4,209 $3,917 $4,050 $4,184 $4,317 $4,451 $3,990 $4,126 $4,262 $4,398 $4,534 *Those employees in the position of Council Secretary, Assistant Fire Chief, and Police Captain hired prior to Council ratification of the City's Comparable Worth Implementation Plan (July 25, 1988) will progress on the following schedule for 1998: COUNCIL SECRETARY ASSISTANT FIRE CHIEF POLICE CAPTAIN Entry 6Months 1 Year 2 Years 3 Years $2,587 $2,675 $2,764 $2,852 $2,940 $4,167 $4,309 $4,451 $4,593 $4,735 $4,560 $4,716 $4,871 $5,027 $5,182 LLM/cb Page 3 of 3 SCHEDULE B INSURANCE The EMPLOYER will contribute up to a maximum of three hundred and forty dollars ($340) per month per employee for calendar year 1997 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $340 per month, the difference may be used toward any other City- provided insurance benefit and or ICMA deferred compensation. The EMPLOYER will contribute up to a maximum of three hundred and seventy-five dollars ($375) per month per employee for calendar year 1998 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $375 per month, the difference may be used toward any other City- provided insurance benefit and/or ICMA deferred compensation. LLM/cb RESOLUTION 96- 8} ADOPTING CHANGES IN NON-UNION ESSENTIAL AND CONFIDENTIAL SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED ESSENTIAL AND CONFIDENTIAL POSITIONS, AND CHANGES IN FRINGE BENEFITS WHEREAS, the City of Columbia Heights adopted a Wage Compensation Program for Non-Unionized City Employees effective January 1, 1980 {Resolution 80-47), which indicated that on an annual basis changes will be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, effort, responsibilities, and working conditions, and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized essential and confidential employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and Employer Contributions to insurances for non-unionized essential and confidential City positions, as indicated on Schedule B which is on file in the Office of the City Manager, for calendar years 1997 and 1998; and, BE IT FURTHER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 2nd day of December , 1996. Offered By: Peterson Seconded By: Jones Roll Call: AIl ayes yoseph~tu~d~vant, Mayor p-An~e Stud¢~t, ~$~-i~ Secretary CiTY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTMENT: CITY MANAGER'S NO: ~ CITY NLANAGER'S ~ /t~ APPROVAL .~// BENEFIT ADJUSTMENTS FOR NON-UNION DATE: 11-22-96~' ~E: Attached is a resolution and schedule reflecting proposed salary and fringe benefit adjustments for non-union supervisory employees. These adjustments are consistent with the adjustments negotiated for other employee groups. The proposed changes are as follows: Wages 1997: 1998: 3% adjustment over 1996 wages 3.5% adjustment over 1997 wages Insurance 1997: $340 per month (1996 = $300 per month) 1998: $375 per month RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution 96- , adopting changes in non-union group salary ranges, and establishing salaries and changes in fringe benefits for non-unionized supervisory City positions for calendar year 1997 and 1998. COUNCIL ACTION: RESOLUTION 96- 8/~ ADOPTING CHANGES IN NON-UNION SUPERVISORY SALARY RANGES, ESTABLISHING SALARIES FOR NON-UNIONIZED SUPERVISORY POSITIONS, AND CHANGES IN FRINGE BENEFITS 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 witl be adopted in Group Salary Ranges based upon reliable survey data; and, WHEREAS, the City of Columbia Heights adopted a Comparable Worth Implementation Plan effective January 1, 1988 (Resolution 88-50), to assure comparable compensation for positions with comparable skill, efforts, responsibilities, and work conditions,and proportional compensation for positions where such factors are different; and, WHEREAS, the City of Columbia Heights annually reviews the Employer's share for various insurance programs for its non-unionized supervisory employees to compare what is paid for other employee groups in the City; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights establishes salary ranges and Employer contribution to insurances for non-unionized supervisory City positions, as indicated on Schedule A which is on file in the Office of the City Manager, for calendar years 1997 and 1998; and, BE IT FURTIIER RESOLVED that movement through the salary range is contingent upon satisfactory performance of the employee. Passed this 2nd day of December ~ 1996. Offered by: Peter son Seconded by: Jones Roll Call: A l 1 a ye s 3/-X, ne S u'deni, Cobham, // Mayo~Joseph-~turdevant STORE SUPERVISOR ZONING & GRANT COORDINATOR HOUSING COORDINATOR ASSISTANT LIQUOR OPERATIONS MANAGER ACCOUNTING COORDINATOR SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASSISTANT- PUBLIC WORKS SENIOR CITIZENS COORDINATOR CHILDREN'S LIBRARIAN ADULT SERVICE SPECIALIST SENIOR POLICE RECORDS TECHNICIAN FOREMAN-VEHICLE MAINT. MIS COORDINATOR ASSISTANT FINANCE DIRECTOR BUILDING INSPECTOR RECREATION DIRECTOR ASSISTANT CITY ENGINEER PUBLIC WORKS SUPERINTENDENT LIQUOR OPERATIONS LLM/CB S CI:[EDULE A 1997 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 1997 Page 1 of 3 $2,520 $2,606 $2,692 $2,778 $2,864 $2,581 $2,669 $2,757 $2,845 $2,933 $2,664 $2,755 $2,845 $2,936 $3,027 $2,691 $2,783 $2,875 $2,966 $3,058 $2,751 $2,845 $2,938 $3,032 $3,126 $3,062 $3,167 $3,271 $3,376 $3,480 $3,372 $3,487 $3,602 $3,717 $3,832 $3,406 $3,523 $3,639 $3,755 $3,871 $3,710 $3,837 $3,963 $4,090 $4,216 $3,838 $3,969 $4,099 $4,230 $4,361 $3,855 $3,987 $4,118 $4,250 $4,38t $4,494 $4,647 $4,801 $4,954 $5,107 EnVy 6Monks 1 Year 2 Years 3 Yews $2,065 $2,136 $2,206 $2,277 $2,347 $2,259 $2,336 $2,413 $2,490 $2,567 SCI-IEDULE A 1998 MONTHLY SALARY SCHEDULE EFFECTIVE JANUARY 1, 1998 Page 2 of 3 STORE SUPERVISOR ZONING & GRANT COORDINATOR HOUSING COORDINATOR ASSISTANT LIQUOR OPERATIONS MANAGER ACCOUNTING COORDINATOR SPECIAL PROJECTS COORDINATOR ADMINISTRATIVE ASSISTANT- PUBLIC WORKS SENIOR CITIZENS COORDINATOR Clqll DREN'S LIBRARIAN ADULT SERVICE SPECIALIST SENIOR POLICE RECORDS TECHNIC~ FOREMAN-VEHICLE MA]>~. MIS COORDINATOR ASSISTANT FINANCE DIRECTOR BUILDING INSPECTOR RECREATION DIRECTOR ASSISTANT CITY ENGINEER PUBLIC WORKS SUPERINTENDENT LIQUOR OPERATIONS MANAGER Entry 6 Months 1 Year 2 Years 3 Years $2,138 $2,210 $2,283 $2,356 $2,429 $2,338 $2,418 $2,498 $2,577 $2,657 $2,608 $2,697 $2,786 $2,875 $2,964 $2,672 $2,763 $2,854 $2,945 $3,036 $2,757 $2,851 $2,945 $3,039 $3,133 $2,785 $2,880 $2,975 $3,070 $3,165 $2,847 $2,944 $3,041 $3,138 $3,235 $3,170 $3,278 $3,386 $3,494 $3,602 $3,490 $3,609 $3,728 $3,847 $3,966 $3,525 $3,645 $3,766 $3,886 $4,006 $3,840 $3,971 $4,102 $4,233 $4,364 $3,972 $4,108 $4,243 $4,379 $4,514 $3,990 $4,126 $4,262 $4,398 $4,534 $4,652 $4,810 $4,969 $5,127 $5,286 Page 3 of 3 SC~D~EA INSURANCE The EMPLOYER wilt contribute up to a maximum of three hundred and forty dollars ($340) per month per employee for calendar year 1997 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $340 per month, the difference may be used toward any other City-provided insurance benefit and or ICMA deferred compensation. The EMPLOYER will contribute up to a maximum of three hundred and seventy-five dollars ($375) per month per employee for calendar year 1998 for employee life insurance, group health insurance, and dental insurance. Should the cost of such benefits be less than $375 per month, the difference may be used toward any other City-provided insurance benefit and/or ICMA deferred compensation. LLM/cb CITY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: CONSENT ORIGINATING DEPARTHENT: CITY MANAGER'S NO: ~ APPROVAL ! ! NO: ADJUSTMENTS d. A' 10) DATE: 11-27- DA Attached are proposed 1997 wage schedules for non-union part-time temporary Library employees, seasonal Public Works employees~ seasonal/temporary Recreation employees, and bike patrol officer. The range for pages and chorepersons and library supervisors were adjusted by 3%, based on the recommendation of the Library Director. Effective September 1, 1996, the wage schedule for pages and chorepersons was adjusted by an additional 2.38% to comply with the new minimum wage of $5.15. The Library Aide wage range was adjusted accordingly by 5.38% in order to maintain the same ratio between the page and library aide, that being the maximum rate for page is equivalent to 92% of the maximum rate for library aide. The Public Works Director is recommending increasing the wage schedule for seasonal laborer, warminghouse attendant and warminghouse lead attendant by $.35 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 no increase for 1997 over the 1996 rates for seasonal/temporary recreation employees. This item was reviewed at the Nove~er 26, 1996, Park and Recreation Commission meeting and the commission concurred with the Recreation Director's recommendations. The Police Chief is recommending the 1997 wage range for bike patrol officer be $6.00-$6.50 per hour. The recommended wage range is based, in part, on what other agencies are paying for similar positions. The bike patrol officer in 1996 was paid $6.00 per hour. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 96- , adopting changes in wage ranges and establishing wages for seasonal and temporary employees for calendar year 1997. COUNCIL ACTION: RESOLUTION 96- 8S ADOPTING CHANGES IN WAGE RANGES AND ESTABLISHING WAGES FOR TEMPORARY PART-TIME LIBRARY POSITIONS, SEASONAL PUBLIC WORKS POSITIONS, 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 t, 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, as indicated on Schedule I, II, III, and IV, which are on file in the office of the City Manager; and, BE IT FURTHER RESOLVED that such schedules be effective January 1, 1997. Passed this 2nd day of December . 1996. Offered by: Pete r son Seconded by: done s Roll Call: At I ayes ff,~-Anne Student, Council Secretary / l~layo~'Joseph Smrdevant Pages and Choreperson Effective 1-1-97: Entry ............ 6 months ........... 12 months .......... 24 months .......... 36 months .......... Library A/de 6 months ........... t2 months .......... 24 months .......... 36 months .......... Library Supervisors Entry ............ 6 months ........... 18 months .......... 1997 SCHEDULE I $5.03/hour $5.35/hour $5.66/hour $5.98/hour $6.29/hour $5.59/hour $5.94/hour $6.29/hour $6.64/hour $6.99/hour $13.07/hour $13.34/hour $13.54/hour Effective 9-1-97: $5.15/hour $5.47/hour $5.80/hour $6.12/hour $6.44/hour 1997 SCHEDULE II ENTRY 1 2 3 4 5 6 YEAR YEARS YEARS YEARS YEARS YEARS SEASONAL LABORER $6.00 $6.25 $6.50 $6.75 $7.00 $7.25 $7.50 (INCLUDING RINK MAINTENANCE) WARMING HOUSE $5.75 $6.00 $6.25 $6.50 $6.75 $7.00 $7.25 ATTENDANT WARMING HOUSE LEAD $6.75 $7.00 $7.25 $7.50 $7.75 $8.00 $8.25 ATTENDANT SCHEDULE III 1997 SEASONAL/TEMPORARY RECREATION EMPLOYEE WAGE SCHEDULE Movement through the wage schedule is contingent upon satisfactory performance as judged by the City. Ail wage rates are per hour unless otherwise indicated. POSITION TITLE Playground Leader Asst. Gymnastics Instructor Facility Supervisor Scorekeeper (per game) T-Ball Baseball Umpire Squirts Baseball Umpire Youth Basketball Official Youth Softball Umpire Gymnastics Instructor Cheerleading Instructor Pee Wee Baseball Umpire Cub Baseball Umpire Adult Softball Umpire Adult Basketball Official Traveling Baseball Umpire Fast Pitch Softball Umpire Program Instructor ENTRY 6.50 6.50 7 00 7 50 7 50/game 8 50/game 9 00/garae 9 50/g~tme 6 MONTHS 1 YEAR 2 YEARS 3 YEARS 4 YEARS 6.70 6.90 7.10 7.10 7.10 6.75 7.00 7.50 7.50 7.50 7.20 7.40 7.60 7.80 8.00 7.70 7.90 8.10 8.30 8.50 (Wage range of $10.00 to $15.00 per hour, wage to be set by the Recreation Director and approved by the Assistant to the City Manager) 10.50/game 13.50/game (Wage range of $16.00 to $19.00 per game, wage to be set by the Recreation Director and approved by the Assistant to the City Manager) (Wage range of $20.00 to $25.00 per game, 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) ADMIN: 97WAGE. SCH 1997 SCHEDULE IV ENTRY ONE YEAR TWO YEARS BIKE PATROL OFFICER $6.00/HR. $6.25/HR. $6.50/HR. CITY COUNCIL LETTER Meeting of: 12/2/96 AGENDA SECTION: C 0NS ENT ORIGINATING DEPARTMENT: /I CITY MANAGER NO. ~ PUBLIC WORKS ITEM: RESOLUTION AMENDING RESOLUTIONS BY: M. Winson I~'/~,'x/~'- BY: NO. No. 96-71 AND No. 96-73 REGARDING Il) DATE: 11/25/96 ~/ DATE: STREET IMPROVEMENTS Staff had meant to include Tyler Street from 42nd to 44th as a mill and bituminous overlay in the Zone 2 Street Rehabilitation Program. The attached resolution amends the appropriate resolutions that were adopted on November 12, 1996, regarding preparation of a feasibility report on the proposed street improvements. RECOMMENDED MOTION: Move to waive the reading of the Resolution; there being ample copies available for the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , being a resolution amending Resolutions No. 96-71 and No. 96- 73 regarding street improvements. MAW:jb 96-621 Attachment COUNCIL ACTION: RESOLUTION NO. 96- BEING A RESOLUTION AMENDING RESOLUTIONS NO. 96-71 AND NO. 96-73 REGARDiNG STREET IMPROVEMENTS WHEREAS, the City Council of Columbia Heights, on November 12, 1996, adopted a series of resolutions regarding ordering the City Engineer to prepare a feasibility report on several street improvements, and WHEREAS, staff has determined Tyler Street from the centerline of 42nd Avenue to centerline of 44th Avenue should be considered for milling and bituminous overlay, and NOW THEREFORE BE IT RESOLVED, that Resolution No. 96-71 be amended to include Tyler Street from centerline of 42nd Avenue to centerline of 44th Avenue and that Resolution No. 96-73 be amended to remove the line "Tyler Street centerline of 41st Avenue to dead end" and replace this line with "Tyler Street centerline of 41st Avenue to centerline of 42nd Avenue and from centerline of 44th Avenue to dead end". Dated this 2nd day of December , 1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS, MINNESOTA Josep~ S~urhevant, 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 2nd day of December, 1996, as disclosed by the records of said City in my possession. (Seal) Jo-Anne Student Deputy City Clerk Bt:;.%: F' ]: t',IAI:fC'. :1; Al... E;YS'T'E:M t/27/96 09:3'.;5: :I. 6 F:' Ui',t i.'., t) r-i:.'.-i:'; C': F;.'. ;I; F:' T ]'. 0 N ?.::0 ! 20'.P ';:'.03 204 :70 5 '.'.:) ;I. ;::-!,':.9:) ??4 406 430 6 <) :!. 6 ( ) ?. ,;!':,()'ii:' ';:" 0 I .'-.'il 8 5 (3 Iii: N IE !:;-: A i... C'.OMMUI'.i:t; T'Y DtEVtE!...OF:'MiEt,.IT F:'UI-,I'D Ai--IOI<A L..L.L.,I-t ~ C;DBG I ...... .. ~I,,* ¢ .t.t:,W ...... ' ];I...!...A,. I',IC~i:;STH EE;OIq[)M]:C DIEVIEI...OF:'ME]',IT ALr'f'H SIECT t::'AF;.~ I<V :[ IEW V :1: I...t...A SOUTH RfEI'..iT'AL I.-tOU:E;;f; NG I._ ;!; Bi:~ AF;~ Y COt_ H(31..ITS Ai::'T't!~%'. SC:HOOt... C;OF'S GF;~AI',I"f' - OVE:Fi'.T :I; hie M!ZDT'R(31q Z C: DIE VIEi...Cq::'MIE 1'..I T I I'.4F:'F~ A:E;T FtUC T UFUE I::'Ut,.ID CAF:' WATI:{'I:t SIZWtEI:;; U T 111L :ii TY I:;:E;F:'U Sl~i; F:'UNi) L. ;i; (;)U 0 R C!EIqTF;:AI... 9ATA F'I:tOCIZSS:I:I',iG CONTF~]: BUTIEi) I::'F;: 0 J EX:YT E~;- FUE C T lq E~ U R A I'.I C E: S C I:;'. (:) W F'(]L. ;[ CiE/"F:' :t: Fi'.E: CO!'.iT I;',I...~::;IEf~VIE:: .... .. TOTAl... AL.L. F:'L.',i"ID:E; 'l.:~r:'.'H',l I< F;,'Iii:CAF:' ',: )"'~Ahll< l',iAMlii: '¢i'u:':'d',l t< C':H IE C: I< I I".iG TOTAL. ALL BAI'-Ii<S C: he -,::: i-'.'. H i s 't:,:::, ry i) ]: S B L.II.;.'. S: E: M E;lq T S .1. , 604 ,, 52 6:i. 9 ,, 5':.'::' ~i3, ,::, ...,, :, ,, :i. 3 ,7..i ?' '7 ,, 00 9 i~ 9©9 ,, O0 4,3:?.". :!. ,, 5;.':'; :i. 59 ,, 06 I :,221 ,,48 -"~ ,.'. !SC, 270 ,, :I. ? 5':!. :I. ,, 4 :.5 3, i .7;8 ,, 27."; 20, ,:'.:.-. 7 :S ,, :I. :I. ,71 :, 647 ,, C' Ti; 9:1.? ,, 58 I ,., 000 ,, 00 98, .505 ,, iT,'..'.-'!: 3,574 ,, 65 -~; :, ? :i. 2 ,, 0 :t. 4;::2 ,, 9:t. :L 0 5 ,, 00 7,:"2* ,, 89 i, 5 ! :i. ,, 00 :I. 97,3 :!. 6 ,, :.34 .T.) ]: li..'-.BUi:;,' S iF.: M E: hlT!i.-'; :1.97 ,., .3:t. 6 ,, 34 B ~'::'~ K E:F~: T F;.:L.t:!i;' f' E:; !E / b,t ?.':~ L.. '!" E] ?4 Iii; R G ,/t:;-: ;[ C !-.h'::'~ ~:;..':() C:H PR ].'F'F;.:;.'T' T F",.':~ (].R[I,[.': ' ' "-'' ..... - "" D'Z :I; .EDZ :[ 2./".::'A ... L. ,]' A N :i~; [)N/' [.:i E F;.: A L. ,]' 0 't" E4i... A )..') / Z.', W ;[ (3i..I ]" 1< O.'.:ii;"f' !i!:i:;..'/' K lii:i',ll"4 E:"f' H I,.AB'3 NTY/Y',Tt. t. I t..,.,..:::,(. ~,i .- c:,( L.L.,! .:.,..I J, ii-....,- I,.] ,, M];l i :.l.:./'t.r. i: ]"[)WJ'.IH(]LJSE--..APT '",f.q," '.,t.- '~' :'": '~'q::.,J ,, '1"I:;,' t :E; ~-....., ;. I.. t.,,f.-d,J WJEAVtEF;,'/B[)hihl];E &: MA RT BEL. L.BOY l"..:, ..'" "", .::,L,! I L. '~"'" '" '" B!i!: L. L '~'-2- '3 Y C': 0 F;.:F' OF;.: A T ]: ON B iii; !:;.'.(."ti F:' C'; R ~t;) ]-F;.:1...I [: K ]: N [!,.' C ;[ F;,'[:U ]; T C ]; TY ¢"~, , .]'"-,. -' -4-"~ - DC'.A I I".~ .... Z"lii]"i~';t E; F;.:/JUL. ]: Ii;; iii]A(.";i!...E i.4 ;i;i'-lti.:. E]';':'¢E;T '.E;]]:C,E :(-)E;VE]:;-'.AGE; GE]'--IU ]; i'.4E F:'ART.'.'~:;/hiAF'A .." L,'- [:d:;,' ]] f;{~f; ','ii;-.f][)[',.'Pi:~]:;! 8: ,](]HNSON )3F;,'OS ,, i... ]:0... IF;,' CO ,, M]:.T:,WF'ST " '"' '"'"' '~ ........ M :[ N]"IE R....NE .1. ;::,~ PU'..t F;.:E;C:F;.'.E:AT']:[)h4 & F'AR"K M ] T fi R 0 L. A P A F;.: T.':'ii; F' I"i :I; L. L. ]; F:':ii."; W ]: N iii: & :~ii; F" ..... "'"' F:' ]; i'q NAC.':L]!:'; '"'.L. ...... .t.. :, ""-, Oi. Jr:':~L. :[ T'Y t.,-J ]; hiE; & SF:' ]: R ]: 'i"S' (:'~Bt...iii; t-'l[.,¢'::;J::. ~:..' l:;,'U:('.'-t.Y:;*:lii]:;..' ]:NC ACE 1 '-h;'.'d:;,' )], W A F;.'. E A ]:..l) ii!: l... ii;: C'. "f' F:.'. ! ,..,"'" ~ii: Ii!: i::: V :}: C iii7 I':"] ;[ 1:;-'. '¥'[)l. jC{"{ ,¥, ....... f....~ · . ~::.' ........... B ]: _ 62428 62429' 624.'.':;0 6243.1. 62432 '62433 62434 62435 62436 62437 62438 62439 ,62440 6244:!. ]62442 6 2 4 4 3 62444 ,-'_:;2445 62446 62447 6244.8 62449 62450 6 ~.:: 452 62452 6245:5 62454 62,:~55 62456 62458 624. 6 () 62461 62462 62463 62464 62465 62466 62467 62468 62469 6247,.'.') 62471 62472 6 2 4 7 :.3 :3 !::',8 ,, C, 0 298 ,, 00 90¢:, 4 :i. '2, ('..', 4'76.00 :];9 ,i. ,, 00 432 ,, 00 4 :i. 327 ,, 00 449 ,, 00 4 .7"; 2 ,, 00 204 ,, 00 '..'":; 7 ':') ,, 00 932. ,, C"::) 402 ,, 0,::) 5;82 ,, 00 I .,. 50!. 00 366 ,, 0.0 407 ,, 00 44 `1. ,, 00 :!.C,, "'-;'74 70 648 ,, f,O 368 ,, 49 .'5.,-? 7:6 ,, 89 .1. 2 ,, 33 :L, 776 49., di, 00 ,, .I. :L 9 = : 22., 34.3 ,, 26 ,6, `1. 07 ,, 7,1. 945 ,, 52 ',/., ,, 06 3,93 82 ,, 6, ]7:13 ,, 43 762 ,, 34 I ,2! i ,23 6 .1. 6 ,, 64 ]. ,:_ ,..% ,, ..) ... 66 ,, 14 .:7, ,.'¢::,', .-., 24 ,, ! ,':9 ;: (') !5 ,, 20 ,.'.')9: 3 GL540F;..'--VO~ ,, ()0 F:'AGii:] 2 CFIEC K NLJMBi:ZR AMOUNT BAN K CHECi< JiF, K}) ACiCC. IUNT ANC:OM COMML.IN]:C:AT:IiONS ]: NC A t:;.'. A M PI F;-: K A.'.:ii;F'['!:N MI: I...L.S, ]: hi[::: ,, AUT(:) HA .... BA KE:I:~: & TAYL. OF.'. :SAI<I!!:i:;.'. ,?.:;: 'TAYi...(:iR tiEi'.I'¥IEF;.Fi"A ]:i'.t 'BAF;..'NA (:;I...IZY & S"t"['!:F:]::iEi"-i L]"D BAi. JtiEF;~' BI...:r]:LT' T']:F;.'.!i:E & BAT'"t"E · '" ,,~ ,, I.--i~ . )")IES"i" ~":'~-.' I" t...~..d~..~..:~..~t'.t !;", ]: TL.iM :I: NOU:i.;:; RC",ADWA¥.':T';, ]: NC BI...UE;I'"IELS 'TF~:EE: SIEF;.'.V )E','Fi'.AUI~.i .'I:I"-ITEF;~'T'Ii.'EC: C:OF;,'F' B F;-'.O.'() A R"I- C iii: t"-! T' t:i'. At....:::,"~ '"- ~';..~',..'" '"':; .::~"'~ C;I"iE Miii;i!E A F;.:C;i'.t COC;A-Z:OI...A B(]T'Ti... :I: lql]-~ I"! ]: )}t..'-~iE IX] L. !J bt:i(',' ]: A t-'t G T S- F:' F;.'. t COMF:' USA C:OMF'UTF. i]:;..' C ]:"f'Y C:F;.!lii:S'i" V]:EW i...I...I'i"I-iliEF;~'At'4 i-'iOl"iiiF. C:URT :i::ii!; 1000 D :t::iii;COL,iNT ST!!EtZt... :i:I".IC; IE.'i')l!i:f:;.f'I" F:'I...UM:8 ]: NG E:I...V]:Iq 'Z;AF:'iii:TY SUF"F'L.Y tii:Mli!:l:;.'.G]:l',IC~ "I"i!i:CHI~-iOI...OG]:!iE'..:i!; CO !::'F;.'. :i: Dl,,.Iii: Y.'..C;(i)i...I...!!'!B Z A I--!IL:. :[ (:-:;i"I'TS GAYi..,ORI) BROS : I::':;I:;:(:)L :l:lii:R liEDl..iCA"f'ill ONAI... C,'OF;..'F' GTA-'GOOD 'T]:M,r:i: ATTF;..'AC:T]:ON HASSAN '..:F;AND & l..llii: :i: (:.:ii..I"l"~ii; E]...F,i:C:Tt:;~ i C ]: I'..iC ,, I..:OI'..IIE"fWEL.L. '~', ,. .~I '~ ]:N:C,i.I I:.N.Olii]'..i"l" ::::[";HF',""~I t..'.'. M AI:~"I" I(tEI',II'~IE:D¥ & t...E!ii]::' L. OCATOF;,' & t'"iOlq]:TCd:;..' L.U):.:-:ii?S i. jl'~l!... ZM :l:'t'til]) ]:I'~IC; MAC: QUEE:N I~i:(;!L1]:i::'MENT MA :1: N STF;..'Et!i:'T DES' ]: M!ZI'~IAF;.'.'OS C:ASHWA¥ I...L.IM):.:-~E':R-F M :i: DWI!.:,:!i.:; T :SU:!.-E; ]: NESS MI: NAt:;.: F:'CIF;..'.'O M :I: I'qI'~IEPd::'OL. :t:'.i!i; tZQI. J ]: F:'Mfi~}.i"I" CO ~ t.I. ~,~ .c,.J f .. SUN pi. jBI...]:C:A"i"]:CI MN Dti~:F'T OF:' !':'UB!..~]:C.' IqlEWMAN S]:GNS 62474 62475 62476 62477 62479 624~.'?,0 6248.I, 62483 6248:.'~- 62485 62486 62487 62488 62489 6249"0 627.':I. 92 62.49.3 62494 62495 6 :.7:496 6249? 62;:¥98 6 :::?. 4'.',;' 9 62500 6:;.:]50]. 6 :::'.-'.' 50 :i'~ 62503 625 () 4 62505 62506 62507 62509 625.1.0 625]. :L 625].2 625:i. 3 625 .1. 4 625:i. 5 625:I. 6 625].7 62 D.1. 8 62519 62520 27() ~, J. 9 323 ,, 77 3-33 ,, I 0 :::.~ 0 ,, 00 260 ,, 15 2. 8 ,, 40 .1. 5,974 ,, 43 686 ,, :I. ;.'.'~ I, 5 .I. I ,, O0 ':" ::F.'.4'"" ]."~ i 4,664 ,, :i. 4 !56 ,, 64 447 ,, 53 .I. 57 ,, 50 500 ,, 0C:, 8,34 5 ,, 3© 4 .I. :i. ,, 09 I :, 257 ,, 44 :!.9 ,, 30,:.') ,, 00 23 ,, 02 '.:;'86 ,, .1. 9 500 ,, 00 33 ,, 90 27,, .1..I. .1.9:.':':'; ,, 6:1. :i., .1. 99 ,, 23 8:i. ,, 75 4,:-; .... '.jif, 4. ,, 688 ,, 45 47, .'.'~;0 43,, 42 :t. ,'-]-C:~ ,, 50 6,,3fi :I..33 ,, :i..'.':'; 6:,?. ,, 24 70 ,, 55 .-'B7 ,, 64 2:?:,;' ,, 8-3 252. ,, 00 54 ,, 00 i .1. 7 ,, .1. 5 )]{fi;X:) F:' Z NAN "': T AL. SYS'¥E]'I /'27/'96 09: (.]];TY (.';ii::' COi...I..JME';]:A L'.,L. o'q.',,'b,-V',.* ::', ~ ,,.x..: F'A(:;iE 3' )}): A N I';.'.' V i!i; N D 0 F;.: CbliF.;C K NU!"!BER AMOUNT i',]~At,.l K C':HE:C': K ]; NG ACC':OUNT NOTT .... LvJ.t t ...... f r-.~, F:'AM O];L ;[NC': F:'A'f'TC1N ];ND ,, F:'];"f'NEY BOWES : F;,'E A L.S"f¥:d:;: St']LUT' :ii!; C': !-i ;[ N.~) I... El:;..' iii: t_)E V A T 0 F;,' C 0 R F' ~!!;ti[ F;;(:;:O I_AE-;S !i;]:MON & :i!?FI:;,'IE ;[ C:I-.iE]:;,' G't..tN ' 4;) I e:) I ~;.! i-~ ,'--.~ x--,r'. _..- . -:.',. ," r' l Y ~r N¢' ,, TAF;:(})ET .STOF;,'E:E;-r::'¢Z:CT:iF; F--,'JEC 'f'!:;-'. ]; J::'L. E; T TW]:N C':ZTY F:'HOT'OC'OF'Y U S F'OS"f'MAS'T'!ER US T'OY CO J;NC: W ,'~.'::': t-'J Gl]~;btl~!:t:;.'.r::'~T(]J:;.'. OJ A J:;.'.Rtii:N :, (3!;] F;.'.I..IA h'J & A PI "3 N T :, M AT1EF;,' F:' F;.:O WIE:i!:;TE]:;.'N NAT :[ (]NAL. F: W ]: F'I!!]:;.'.S' & W ]: F:'E',:i!; :[ NC Z IEGL.ER 67/: ,'fY2 ;!. 62522 62524 62525 62526 62527 62528 '62529 62530 6253:i. 6253:::; 62534 62535 625;2;6 6253..%:; 62539 ~62540 6254:[ ;62542 I O0 ,, 0::.::'. 646 ,J 46 128 ,, 94 9 ,, ;36 695.00 163 ,, 7 446 ,, 70 9',.:.i:, 0 I © 5 ? ,, :[ 0 40 ,, 30 30 ,, 00 85 ,, 00 85 ,, 00 149 ,, 30 224 ,, 52 81 ,, 75 683 ,, .I. 0 289 ,, C, 0 79 ,, 49 :[ z, F~ ,, :!.97,3:[6,, 34 TO: FROM: SUBJECT: DATE: WALT FEHST, CITY MANAGER LOWELL DEMARS ~,~ RENTAL HOUSING LICENSES DECEMBER 2, 1996 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: ANDERSON, DENNIS ANTOCHY, OLGA DEMARS, MITCIqFJ~L GROSSLEIN, EDWARD HINRICHS, GERALD INGALDSON, GERALD INGALDSON, GERALD JONES, LORNA KmL, KURTIS R. LOEWENTHAL, KURT OLSON, CHARLES SZAFLARSKI, CHESTER 4912 TYI~ER 4i0i 6TH STREET 4201 6TH STREET '4349 ARTHUR 4008 CLEVELAND ; ~ 401 ~4~CI~.~ ~EVELAND ~.~--~--~': 56t,63=5!gT AVENUE 4040 CLEVELAND 49-95 4156 CLEVELAND F-1964 F-1963 F- 1942 F-1930 F-1950 F-1956 F-1957 F-1936 F-1969 F-1932 F-1951 F-1937 TO CITY COUNCIL DECEMBER 2, 1996 "Signed Waiver Form Accompanied Application 1996 BUSINESS LICENSE AGENDA APPROVED BY BLDG INSPECTOR CONTRACTORS *Dalbec Roofing, Inc. *Electric Light Sign Company ~Superior Heating & AIC LICENSED AT 548 Willow Drive 926 Dale Street N. 11519 - 9th Avenue N.W. FEES 840.00 40.00 40.00 SAFETY & HEALTH ANOKA COUNTY HEALTH ITINERANT FOOD CONCESSION Operation North Pole Thomas W. Reeves 825 N.E. 41st Avenue December 14, 1996 F~ FEES BE WAIVED November 25, 1996 To: The City of Columbia Heights RE: concession fee for special events To Whom It May Concern: On Saturday, December 14, Christmas will come to Columbia Heights--- at least for those kids attending Operation North Pole's party. This event, which will be held at NEI College of Technology (825 41st NE, Columbia Heights,) is a community outreach meant to provide a special afternoon for area children. For some, it may be the only Christmas they will know. The party is free, and each child receives a tasty lunch, entertainment and a visit with (and giR from) Santa. Parents are also welcome to share in the lunch and entertainment. A selection of new mittens and hats will also be available to these who wish them, again without cost. Last year over 2,000 children attended, (even with bad weather.) This year we are expecting a larger group, (3,000-4,000.) This event is possible because of generous donations given by various businesses and through the hard work of many volunteers. Now in its 15th year, Operation North Pole is a nonprofit organization, created for the benefit of others. All necessary perm/ts and inspections have been fulfilled, (copies enclosed,) according to requirements. We are asking for the concession fee to be waived as a gesture of support for what we are trying to do. The city of Columbia Heights is dedicated to providing for the needs of the community, and we appreciate that concern. This party will be one way of sharing the magic of season with a lot of deserving kids. Thanks'so much. Tom Reeves Operation North Pole CITY COUNCIL LETTER Meeting of December 2, 1996 AGENDA SECTION: ?UBLI C HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER / Fire APPROVAL NO: ITEM: RentalCt°sing Hearing/Ad°pt Res°luti°nLicense Revocation BY: Lowell DeMars ,&~ BY:~~t DATE: Nov 19, 1996 DATE: Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Alexander Caiucom regarding rental property at 4506-08 Fillmore Street NE for failure to relicense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing and to Waive the Reading of Resolution No. 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , 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 Alexander Cajucom Regarding Rental Property at 4506-08 Fillmore St NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Alexander Cajucom Regarding Rental Property at 4506-08 Fillmore Street NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-184 COUNCIL ACTION: RESOLLrrlON 96- 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 ALEXANDER CAJUCOM, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 4506-08 FILLMORE STREET, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRrlTEN NOTICE SETTING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 18, 1996 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 2, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF TI~ CITY OF COLI. JMB~ HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on AUGUST 9, 1996, Matthew D. Field, Enforcement Officer, for the City of Columbia Heights, inspected the real property and in,dental buildings located thereon at 4506- 08 FILLMORE STREET, within the City of Columbia Heights, Minnesota, and owned , according to the application for rental license on file for the above-described real property by ALEXANDER CAJUCOM. 2. That on September 17, 1996, October 23, 1996 and November 26, 1996, inspector Matthew D. Field conducted re-inspections in which code violations remained uncorrected. 3. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $80.00 IN RE-INSPECTION FEES) 4. 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 4506-08 FILLMORE STREET is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1636-96 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR TO: WALT FEHST, CITY MANAGER FROM: LOWEI J~ DEMARS ASSISTANT FIRE CHmF SUBJECT: COUNCIL AGENDA, NOVEMBER 12, 1996 SCHEDULED REVOCATION HEARINGS DATE: DECEMBER 2, 1996 THE FOIJ.OWlNG SCHEDUI~F~D REVOCATION HEARINGS ON TONIGHTS COUNCIL AGENDA CAN BE CLOSED. THE FOLLOWING PROPERTY OWNERS HAVE BROUGHT THEIR RENTAL UNITS INTO COMPLIANCE AND THE ALTERNATE MOTION CAN BE USED: KUNAL KAMRAN 2215 45TH AVENUE MR. KAMRAN IS 95°/0 cO~LE~, HE IS WORKING ON THE REMAINING THREE ITEMS ARE BEING REPAIRED TODAY. ALEXANDER CAJUCOM 'i'~: :: ~506-08 FILLMORE rae mREwou oW¢mR OF vms pROpE , m. WALLY DOELZ, HAS MADE THE NECESSARY REPAIRS TO THE PROPERTY. HE IS NOW BEGINNING THE PROCESS OF CLAIMING I-'~S PROPERTY FROM THE CONTRACT FOR DEED. THE FOLLOWING REVOCATION SHOULD PROBABLY PROCEED. MATTHEW FIELD WILL BE PRESENT AT THE HEARING AND WILL BE ABI.F. TO GIVE SOME FOLLOW UP TO THE FINAL INSPECTION PERFORMED TODAY AT 2:00 P.M. 1. KURT LOEWENTHAL 1407-09 CIRCLE TERRACE MR. LOEWENTHAL IS NEAR 90 YEARS OF AGE AND IS BECOMING UNABLE TO CARE FOR HIS PROPERTY. HIS SON HAS BECOME INVOLVED AND IS IN THE PROCESS OF MAKING THE NECESSARY REPAIRS AS A NOTE OF CONCERN, UNFOR~A~LY, THIS OFFICE MUST TAKE THE TIME TO REQUEST THAT THE COUNCIL MAKE TIME ON THEIR AGENDA FOR LICENSE REVOCATIONS. IT APPEARS THAT THIS IS THE ONLY WAY WE CAN GET THE MESSAGE TO THE SOME OF THE OWNERS THAT THE CITY IS SERIOUS IN ITS ATTEMPT TO PROVIDE SAFE, CLEAN, HEALTHY LIVING CONDiTiONS FOR ITS RESIDENTS AND AT THE SAME TIME, PRESERVE ITS HOUSING STOCK FOR FUTURE YEARS TO COME. PLEASE EXPRESS MY SINCERE THANKS TO THE COUNCI-L FOR THEIR PATIENTS IN DEALING WITH THESE SITUATIONS. IT IS GREATLY APPRECIATED. CITY COUNCIL LETTER Meeting of' December 2, 1996 AGENDA SECTION: PUBLIC HEAR I NGS ORIGINATING DEPARTMENT: CITY MANAGER Fire APPROVAL NO: ~ ITEM: RentalCl°sing Hearing/Adopt ResolutionLicense Revocation BY: Lowell DeMars ~:~ BY~~¢~ DATE: Nov 19, 1996 DA Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Kurt Loewenthal regarding rental property at 1407-09 Circle Terrace for fa/lure to relicense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing and to Waive the Reading of Resolution No. 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , 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 Kurt Loewenthal Regarding Rental Property at 1407-09 Circle Terrace. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kurt Loewenthal Regarding Rental Property at 1407-09 Circle Terrace NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-185 COUNCIL ACTION: RESOLUTION 96- 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 KURT LOEWENTHAL, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 1407-09 CIRCLE TERRACE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITrEN NOTICE SETrING FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 18, 1996 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 2, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on JULY 15, 1996, Gary Gorman, Enforcemem Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 1407-09 CIRCLE TERRACE, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by KURT LOEWENTHAL. 2. That on September 12, 1996, October 15, 1996 and November 26, 1996, inspector Gary Gorman conducted re-inspections in which code violations remained uncorrected. 3. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $160.00 IN RE-INSPECTION FEES) 4. 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 14074)9 CIRCLE TERRACE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exercised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein and identified by license number F-1583-96 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder;, 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROLL CALL VOTE: ATTEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of December 2, 1996 AGENDA SECTION: PUB L I C HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER /~,,n Fire APPROVAL NO: ITEM: RentalCl°sing Hearing/Adopt ResolutionLicense Revocation BY: Lowell DeMars ~/L~ BY~~~~ DATE: Nov 19, 1996 DATEr ~ 6.¢. Revocation of the license to operate a rental unit within the City of Columbia Heights is requested against Kunal Kamran regarding rental property at 2215-45th Avenue NE for failure to relicense property in accordance with the requirements of the Housing Maintenance Codes. RECOMMENDED MOTION: Move to Close the Public Hearing and to Waive the Reading of Resolution No. 96- , there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution No. 96- , 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 Kunai Kamran Regarding Rental Property at 2215-45th Avenue NE. ALTERNATE MOTION: Move to Close the Public Hearing Regarding the Revocation or Suspension of the Rental License Held by Kunal Kamran Regarding Rental Property at 2215-45th Avenue NE in That the Provisions of the Housing Maintenance Code Have Been Complied With. 96-186 COUNCIL ACTION: RESOLUTION 96- RESOLUTION OF THE CITY COUNCIL FOR ~ CITY OF COLUMBIA HEIGHTS APPROVING REVOCATION PURSUANT TO ORDINANCE CODE SECTION 5A.408(1) OF THAT CERTAIN RESIDENTIAL RENTAL LICENSE HELD BY KUNAL KAMRAN, (HEREINAFTER "LICENSE HOLDER"). WHEREAS, LICENSE HOLDER IS THE LEGAL OWNER OF THE REAL PROPERTY LOCATED AT 2215 4ErH AVENUE, COLUMBIA HEIGHTS, MINNESOTA, AND WHEREAS, PURSUANT TO COLUMBIA HEIGHTS CODE SECTION 5.104(1)(A), WRITrEN NOTICE SETrlNG FORTH THE CAUSES AND REASONS FOR THE PROPOSED COUNCIL ACTION CONTAINED HEREIN WAS GIVEN TO THE LICENSE HOLDER ON NOVEMBER 18, 1996 OF A PUBLIC HEARING TO BE HELD ON DECEMBER 2, 1996. NOW, THEREFORE, IN ACCORDANCE WITH THE FOREGOING, AND ALL ORDINANCES AND REGULATIONS OF THE CITY OF COLUMBIA HEIGHTS, THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS MAKES THE FOLLOWING: FINDINGS OF FACT 1. That on JUNE 26, 1996, Gary Gorman, Enforcement Officer, for the City of Columbia Heights, inspected the real property and incidental buildings located thereon at 2215 45TH AVENUE, within the City of Columbia Heights, Minnesota, and owned, according to the application for rental license on file for the above-described real property by KUNAL KAMRAN. 2. That on August 26, 1996, October 18, 1996 and November 26, 1996, inspector Gary Gorman conducted re-inspections in which code violations remained uncorrected. 3. Based upon said inspection of the Enforcement Officer, the following conditions and violations of the City's Housing Maintenance Code and Licensing Rental Units were found to exist, to-wit: SEE ATTACHED COMPLIANCE ORDER (FAILURE TO CORRECT HOUSING CODE VIOLATIONS) (FAILURE TO SUBMIT $160.00 IN RE-INSPECTION FEES) 4. That all parties, including the License Holder and any occupants or tenants, have been given the appropriate notice of this hearing according to the provisions of the City Code Section 5A.306(1) and 5A.303(1)(d). CONCLUSIONS OF COUNCIL 1. That the building located at 2215 4$th AVENUE is in violation of the provisions of the Columbia Heights City Code as set forth in the Compliance Order attached hereto; 2. That all relevant parties and parties in interest have been duly served notice of this hearing, and any other hearings relevant to the revocation or suspension of the license held by . License Holder. 3. That all applicable rights and periods of appeal as relating to the license holder, owner, occupant, or tenant, as the case may be, have expired, or such rights have been exemised and completed. ORDER OF COUNCIL 1. The rental license belonging to the License Holder described herein 'and identified by license number F-1643-96 is hereby revoked/suspended (cross out one); 2. The City shall post for the purpose of preventing occupancy a copy of this order on the buildings covered by the license held by License Holder; 3. All tenants shall remove themselves from the premises within 60 days from the first day of posting of this Order revoking the license as held by License Holder. PASSED THIS DAY OF , 19 MOTION BY: SECOND BY: ROIJJ CALL VOTE: ATrEST: AYES: NAYS: CITY OF COLUMBIA HEIGHTS, MINNESOTA JO-ANNE STUDENT CITY COUNCIL SECRETARY JOSEPH STURDEVANT MAYOR CITY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: 6 APPROVAL . ITEM: SECOND READING OF NO: DATE: The first reading of Ordinance No. 1338 which contains language changes to Chapter 3, Article IV, of the City Code pertaining to general provisions of the personnel policy, was held on Monday, November 25, 1996. Based on discussion at that meeting, also attached is a general policy regarding positions for which criminal background investigations would be conducted. The primary change to this section of the code is the proposed addition of language addressing criminal history checks. Currently, the Police Department conducts background checks on prospective new employees which are limited in scope. In order to allow the City to conduct criminal.history background checks utilizing the National Crime Information Center, there must be an ordinance in place authorizing such investigation. Passage of this ordinance would accomplish this. As the above change is proposed for this section, the entire section of the code was reviewed. As a result, additional changes are proposed to this section to update and reflect current protections under the law and current practices. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies available to the public. RECOF!MENDED MOTION: Move to adopt Ordinance No. 1338, an Ordinance pertaining to Chapter 3, Article IV of the City Code pertaining to general provisions of the personnel policy. COUNCIL ACTION: ORDEXTANCE NO. 1.338 Being an ordinance amending Ordinance No. 853, City Code of 1977, and Pertaining to General Provisions of the Personnel Policy. The City of Columbia Heights does ordain: Section 1: Section 3.401 (2), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin, physical disability (where such disability does not interfere with the completion of assigned duties) or sex. The Manager shall designate an Affirmative Action Officer from the administrative service to formulate and recommend to the City Council a program of positive action by the City to insure that the aforementioned principles are followed. The Affirmative Action Officer shall advise the Council and the Manager on implementation methods for said program. is hereby amended to read: Employment in the City government shall be based on merit and fitness, free of personal considerations. No person shall be discriminated for or against in such matters as recruitment, examination, appointment, tenure, compensation, classification, or promotion or in such matters as conditions, facilities, or privileges of employment because of his or her race, color, creed, religion, national origin, ,,,,,,o~,v..jo~-~ ....................... ~, ............ ~, .......... ; ,~. sex, mmml status, s~tus with reg~d to public ~sist~ce, membership or activiW in a loc~ commission, disabiliw, sexuM o~enmfion, or age. The Manager shall designate an Affirmative Action Officer from the administrative service to formulate and recommend to the City Council a program of positive action by the City to ie_nsure that the aforementioned principles are followed. The Affirmative Action Officer shall advise the Council and the Manager on implementation methods for said program. Section 2: Section 3.401(3), of Ordinance 853, City Code of 1977, which currently reads as follows, to wit: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. The policies and procedures as hereinafter provided by this Article shall apply to all personnel except: (a) (b) (c) (d) (e) (f) elected officials and members of boards and commissions, volunteer personnel and personnel appointed to serve without pay, consultants rendering temporary professional services, positions involving seasonal or temporary employment, employees classified under the Joint Police and Fire Civil Service Commission, the City Manager. is hereby amended to read: The personnel policy contained in this Code is not intended to be an exclusive statement of all rights and duties of the employees of the City. The City Manager is authorized herewith to prepare a detailed personnel policy manual for submission to the Council and approval thereof by resolution of the Council; provided, however, that such manual shall not be in conflict with this Code or with the powers reserved to the Council to enact by ordinance pursuant to Section 54 of the City Charter. Section 3. Section 3.401 (4), of Ordinance 853, City Code of 1977, which currently re~ds as follows, to wit: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. (a) Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. (b) Tenure of employees covered by this section shall be subject to good behavior, the satisfactory performance of work, availability of work and the availability of funds. is hereby amended to read: Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City government. (a) Appointments, promotions, and other actions requiring the application of the merit principle shall be based on systematic tests and evaluations. At the direction of the City Manager, or his/her designee, the police department is authorized to conduct criminal histor/background investigations on applicants for positions with the city, as provided by this section. This section applies only to applicants who are finalists for paid or volunteer positions with the city, where the city manager, or his/her designee, has determined that conviction of a crime may relate directly to the position sought. The police department may not perform a background investigation unless the applicant consents in writing to the investigation and to the release of the investigation information to the city manager and other city staff as may be appropriate. An applicant's failure to provide consent may disqualify the applicant for the position sought. If the applicant's application is reiected due'solely or in part to the applicant's prior conviction of a crime, subiect to the exception set forth in Minnesota Statutes, section 364.09, the city manager, or his/her designee, must notify the applicant in writing of the following: a) the grounds and reasons for the rejection~ the applicable complaint and grievance procedure set forth in Minnesota Statutes, section 364.06; c) the earliest date the applicant may reapply for employment; and that all competent evidence of rehabilitation will be considered upon reapplication. Tenure of employees covered by this section shall be subject to' good behavior, the satisfactory performance of work, availability of work and the availability of funds. Section 4. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: November 25, 1996 First Reading: Second Reading: Date of Passage: Mayor Joseph Smrdevant Jo-Anne Student, Council Secretary GENERAL POLICY REGARDING CRIMINAL HISTORY BACKGROUND. CHECKS At the direction of the City Manager or his/her designee, criminal history background checks will be conducted by the Police Department on applicants who are finalists for the following paid or vo. lunteer positions within the City of Columbia Heights: 1) 2) 3) 4) 5) Police Department personnel Fire Department personnel Division Heads, Department Heads, Supervisors, and Leadworkers Paid employees or volunteers whose duties involve any of the following: a) Working with or exposure to children, teens, and/or vulnerable adults b) Entering residential properties c) Access to City funds Those positions where the City Manager or his/her designee has determined that conviction of a crime may directly relate to the position sought. 11-27-96 CITY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: PUBLIC HEARINGS NO. 6 ITEM: Proposed Ordinance No, 1337 ORIGINATING DEPARTMENT POLICE BY: Thomas M. Johnson DATE: November 20, 1996 CITY MANAGER APPROVAL~ Attached is a proposed ordinance amending Section 8.203 of the Public Health and Safety Ordinance, adding a section relating to the removal of graffiti. This ordinance makes it unlawful for the unpermitted application of any drawing, inscription, figure, or mark upon any structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, privately or publicly owned. In addition, it directs the removal of graffiti within two business days of the discovery or notification of the presence of graffiti. This is being brought forth for a first reading. RECOMMENDED MOTION: Move to waive the reading of the ordinance, there being ample copies for the public. RECOMMENDED MOTION: Move to schedule a second reading of Ordinance No. 1337, being an ordinance regulating the removal of graffiti. TMJ:mld 96-477 Attachment COUNCIl. ACTION: ORDINANCE NO. 1337 BEING AN ORDINANCE REGULATING THE REMOVAL OF GRAFFITI The City of Columbia Heights does ordain: Section 1: An amendment to Section 8.203 of the Public Health and Safety Ordinance adding the following: 8.203 (11) Graffiti: Subdivision 1, Definition: For purposes of this section, graffiti is def'med as the unpermitted application of any drawing, inscription, figure or mark upon an structure, wall, rock, bridge, building, fence, gate, roadway, tree or other real or personal property, either privately or publicly owned. Subdivision 2, Prohibition: Failure to remove or cover graffiti within two business days (Monday through Friday, excluding legal holidays) of the discovery or notification of the presence of graffiti is declared to be a public nuisance. Section 2: Effective date: This ordinance shall be in full force an effect from and after the date of its passage and publication. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Sturdevant, Mayor Joseph Jo-Anne Student, Council Secretary CiTY COUNCIL LETTER Meeting of: December 2, 1996 PUBLIC HEARINGS AGENDA SECTION: ~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S .nJ%APPROVAL ~, No:REGARDING PEG CALCULATION ~ · ~, DATE: 11-25-96 ~ ' On November 8, 1996, City staff received notice from Meredith Cable that they would be adjusting equipment rates as well as rates for Basic and Preferred Service levels beginning January 1, 1997. The required FCC form 1205 for equipment rates and other fees and FCC form 1210 for basic rates were received. Meredith is requesting that the City approve or deny the equipment increase and basic rate increase within the initial 30 day review period, or if the review cannot be completed within the 30 day period, Meredith is requesting the City adopt an order tolling the review for an additional 90 days and an interim order permitting the equipment increase and basic rate increase to go into effect January !, 1997, subject to rollback and refunds. The City of Columbia Heights, as the rate regulatory authority, has 30 days to review the information and determine whether the proposed rate increase to equipment and other fees and the basic rate is within the FCC's standards for updating equipment and basic rates. If the rate regulatory authority determines additional time is needed to ensure that the proposed increase is within the FCC's standards, the rate regulatory authority may toll the period for review of the rates for an additional 90 days. The current and proposed equipment and other fees are: Converters Remote Control Units Cable Core (per outlet) Current Proposed $2.06 $ .32 $ .25 $ .46 $ .44 As you may recall, last year the City of Columbia Heights and Meredith Cable agreed to shift the amount of the increase in the basic service rate to the preferred service rate, on a revenue neutral basis. Meredith Cable has informed the City that they will not increase the Basic service rate from the current level, except for a 3% inflation increase. The remaining costs, which include added channels, increased programming fees, and inflation for the past year, are included in the Preferred rate. The comparison in Basic rates are: Maximum Current Proposed Permissible Basic Service Other Franchise Fees (PEG Fee, etc.) $7.85 $8.09 $9.73 $2.00 $2.38 $2.38 Meredith Cable proposes to include certain expenses, specifically identified as "10/1/96 Professional Fee Reimbursement-Amortized Over 1 Year" in the "PEG Fee" or as a separateadd-on to the Basic rate. These are City's costs associated with the transfer of ownership that were reimbursed by Meredith. It is the opinion of the Cable Attorney for the City and City staff that this addition is not permitted by the Memorandum of Understanding between Meredith and the City of Colu/mbia Heights which provides for collection from subscribers of a "PEG fee" to subsidize certain community progra/nming expenses or the relevant rate regulations. At their meeting of November 21, 1996, the Columbia Heights Telecommunications Commission passed a motion recommending that the City Council toll the initial 30 day period for an additional 90 days, and permit the equipment increase and basic rate increase to go into effect January 1, 1997, subject to rollback and refunds, and to recommend that the City Council order Meredith to calculate the PEG Fee without inclusion of professional fee reimbursement or any other expense not provided for in the Memorandum of Understanding. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: PUBLIC HEARINGS ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: TOLLING INITIAL REVIEW PERIOD AND ORDER BY: LINDA L. MAGEE BY: REGARDING PEG CALCULATION DATE: 11-25-96 DATE: NO: Page 2 of 2 RECOMMENDED MOTION: Move to waive the reading of the order, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the order regarding Meredith Cable's Treatment of PEG Fees Consistent with the Memorandu/n of Understanding. RECOMMENDED MOTION: Move to waive the reading of the order, there being ample copies available to the public. RECOMPfENDED MOTION: Move to adopt the order regarding tolling the initial thirty day review of Form 1210 (Programming rates) submitted by Meredith Cable Company on November 8, 1996, for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order, permitting the basic rates to go into effect January 1, 1997, subject to rollback and refunds. RECOMMENDED MOTION: Move to waive the reading of the order, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt the order regarding tolling the proposed rates and other entries on FCC Form 1205 {Equipment rates) submitted by Meredith Cable Company on November 8, 1996, for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order permitting the equipment rates to go into effect January 1, 1997, subject to rollback and refunds. COUNCIL ACTION: ORDER REGARDING MEREDITH CABLE'S TREATMENT OF PEG FEES CONSISTENT WITH THE MEMORANDUM OF UNDERSTANDING (MOU) WHEREAS, Meredith Cable ("Meredith") ehtered into a Memorandum Of Understanding CMOU") with the City of Columbia Heights ("City") which provides for the collection from subscribers of a "PEG Fee" to subsidize certain community programming expenses; WHEREAS, the MOU provides for inclusion of only certain specifically identified community programming related expenses in the "PEG Fee"; WHEREAS, on November 8, 1996, Meredith fried its Form 1210 rate increase filing along with supporting documentation with the City; WHEREAS, this documentation indicates that Meredith proposes to include certain expenses, specifically identified as "10/1/96 Professional Fee Reimbursement - Amortised over 1 year", in the "PEG Fee" or as a separate add-on to the Basic rate calculated by Form 1210; WHEREAS, inclusion of such expenses in the "PEG Fee", or as a separate addition to the Basic rate calculated by Form 1210, is not permitted by the MOU or the relevant rate regulations; NOW, THEREFORE, BE IT RESOLVED THAT the City hereby orders Meredith to calculate the "PEG Fee", "Other Franchise Fees", or "Other Fees" without inclusion of expenses identified as "10/1/96 Professional Fee Reimbursement - Amortised over 1 year" or any other expenses not provided for in the MOU, and hereby prohibits Meredith from adding these expenses on to the Basic rate calculated by Form 1210; FURTHER, that violation of this Order will constitute noncompliance with the Cable Communications Franchise Ordinances. ORDERED THIS Offered by: Seconded by: Roll Call: DAY OF , 1996. CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary A:\WPPEG-FE.RES ORDER REGARDING THE REVIEW OF FORM 1210 (PROGRAMMING RATES) SUBMITTED BY MEREDITH CABLE COMPANY ON NOVEMBER 8,1996 WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory authority pursuant to the rules of the Federal Communications Commission (hereinafter "FCC"); WHEREAS, the City has notified Meredith Cable Company (hereinafter "Company") that the Company is subject to the rate regulatory authority of the City; WHEREAS, 1996, calculating an 1, 1997 from $7.85 the City has received from the Company an FCC Form 1210 dated November 8, increase in the Company's maximum permitted rate for Basic service as of January to $9.73; WHEREAS, the City has determined that it needs additional time to solicit, receive, and analyze information related to the review of the Company's FCC Form 1210; WHEREAS, the Company has informed the City that it will not increase its Basic service rate from the current level of $7.85 (except for a 3% inflation increase to $8.09) to the maximum permitted level reflected on its Form 1210, subject to the FCC allowing the Company, effective January t, 1997, to shift the amount of the increase in the Basic service rate to the Preferred service tier on a revenue neutral basis; WHEREAS, the City will not issue a Form 329 complaint against the Company with respect to the Preferred service rate implemented January 1, 1997; NOW, THEREFORE, IT IS HEREBY ORDERED by the City that the initial thirty-day period for the review of the Company's FCC Form 1210 is tolled for an additional ninety (90) days. FURTHER, Company may, effective January 1, 1997, implement only those rates set forth in Form 1210 dated November 8, 1996, with the understanding that, in the event the City's subsequent analysis of FCC Form 1210 requires a reduction in the calculation of the maximum permitted Basic service rate, the Company will be required to make such rate adjustments and refunds as are appropriate; FURTHER, for the purpose of calculating the amount of the increase in the maximum permitted Basic service rate to be shifted to the Preferred service tier, the City tentatively approves the Company's FCC Form 1210, with the understanding that, in the event the City's subsequent analysis of FCC Form 1210 requires a reduction in the calculation of the maximum permitted Basic service rate, the Company wilt be required to make such rate adjustments and refunds as are appropriate; FURTHER, that in the event the FCC does not allow the Company to shift the increase in the maximum permitted Basic service rate to the Preferred service rate, the Company may implement the Basic service rate ordered by the FCC concurrent with the implementation of the reduction in the Preferred service rate and may offset any refunds ordered by the FCC against the difference between the Basic service rate charged during the period covered by the refund order and the maximum permitted Basic rate, as approved by the City; FURTHER, that this Order shall be effective immediately, however, the toiling period shall not begin until the expiration of the initial thirty (30)~day period. ORDERED THIS __ DAY OF ,1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary A:\WPF- 1210.ORD 2 ORDER REGARDING THE REVIEW OF FORM 1205 (EQUIPMENT RATES) SUBMITTED BY MEREDITH CABLE COMPANY ON NOVEMBER 8, 1996 WHEREAS, the City of Columbia Heights (hereinafter "City") is certified as a rate regulatory authority pursuant to the rules of the Federal Communications Commission (hereinafter "FCC"); WHEREAS, the City has notified Meredith Cable Company (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", dated November 8, 1996; 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 determined that it needs additional time to review FCC Form 1205 to ensure that the proposed rates are within the FCC standards for such rates; WHEREAS, said additional time is required to solicit, receive, and analyze additional information related to said review by the City, staff, and consultants; NOW, THEREFORE, IT IS HEREBY ORDERED by the City that the initial thirty (30) day period for the review of the proposed rates and other entries on the FCC Form 1205 is hereby tolled for an additional ninety (90) days. FURTHER, Company may, effective January 1, 1997, implement only those rates set forth in Form 1205 dated November 8, 1996, subject to rate adjustments and refunds as may be determined appropriate in City's subsequent analysis; FURTHER, that this Order shall be effective immediately, however, the tolling period shall not begin until the expiration of the initial thirty (30) day period. FURTHER, staff is instructed to immediately transmit on behalf of the City any requests for additional information and clarification to the Company. ORDERED THIS ~ DAY OF ,1996. Offered by: Seconded by: Roll Call: CITY OF COLUMBIA HEIGHTS Joseph Sturdevant, Mayor Jo-Anne Student, Council Secretary l}Meredith T' ll.Cable Kevin C. Griffin President & General Manager 934 Woodhill Drive Roseville. MN 55113 (Fax) 612/483-9184 612/483-3233 November 8, 1996 Ms. Unda Magee City of Columbia Heights 590 40th Avenue NE Columbia Heights, ~ 55421 Dear Unda: Please be advised that Meredith Cable will be adjusting equipment rates as well as rates for both Basic and Preferred Service levels beginning January 1, 1997. Enclosed you will find a copy of both the FCC 1205 and 12. ! 0 Forms. The attached FCC 1205 Form, with appropriate back-up details, shows that the rate charged for converters will be adjusted from $2.06 to $2.. 10. Remote control units will be adjusted from the current rate of $.:32. to $.2.5. The charge for Cal;/e Care will be adjusted from $.46 per outlet to $.44 per outlet. The equipment rates are being adiusted based on actual costs, as well as your rate consultant's findings and the FCC's ruling on disconnect activity. You may recall last year, a number of channels migrated from the Preferredtier to Basic SerF/ce. The FCC 12.10 Form calculations reflected significant increases in the B?s/ctier rate, with a decrease in the rate for Preferred Sera'ce. Rather than increase the rate on Bas/~ your Cable Commission and the Company agreed to a revenue- neutral shift in rates (a copy of that resolution is attached). We are attaching calculations for a revenue shift again this year, because the FCC rules require us to calculate the 1210 Form as though a shift had never occurred. In calculating the revenue-neutral shift this year, we allowed a :~% increase on Bas~c! while the remaining costs, which indudes added channels, increased programming fees and inflation for the past year, are included in the Pre£erredrate. Again, due to FCC rules, the 1210 Form that we file this year, requires us to calculate the rates as though a revenue-neutral shift had not occurred. Therefore, while the FCC 12_10 Form shows a rate of $ 9.7:3 for Basic and $/4.5'd for the Pre£erredtier, we propose to charge $8.09 for Basic and $18.2-7 for Pre£errcdSerFic~ as compared to $7.85 for Bas/c and $14.21 for Preferred currently being charged. We are increasing the channels on the ?referred tier by converting The Disney Channel, previously a stand alone premium service priced at $5.95 per month, to a service that is offered as a part of this tier. In addition, you will recall that on October ;31, 1998, we eliminated a pay-per-view service, adding fXto the ?referred tier. This has resulted in two new channels on that tier. We are also planning to add ~4n/ma/?/anet and FOX News to the channel line-up. In order to do that, we are discontinuing The Travel C/~anneland combining Sneak ?reVue with The ?reVue Gu/de as a split screen on the same channel. Last year you had informed us of your desire not to break out the PEG fee as a separate line item on the bill. The fee was included within the Bas/crate on the monthly statement, it will be our plan to continue that practice in 1997 unless you inform us otherwise. Please also note the breakout of PEG and other fees included in the Bas/crate for the next year is $2.38. (Copy of break out is attached.) As you are aware, your City regulates our Basic SerF/ce (inclusive of Ot/~er Franc/~/se Fees) and equipment rates (FCC 1205 Form). You must either approve or deny our proposed increases(s), or adopt a Tolling Order within 30 days. The FCC regulates our £referred Service rate. The £re£erred Service rate goes into effect upon 30 days notice to the FCC, the local regulatory authorities, and our subscribers. We would like to request that Meredith be allowed to implement the new rates for Bas/c, Equipment and Odler Fees at the same time as we adjust our ?re£erredtier on ]anuary 1, 1997, subject to rollbacks and refunds. Specifically, in the event that the City has not completed its assessment of the proposed increases within the 30-day review period, we would like to request that the City adopt both a Tolling Order permitting the Cit7 to continue its review of the increases and an interim order permitting the increases to go into effect ]anuary 1, ! 997, subject to rollback and refunds. Meredith will keep records regarding payments of the increased rates so that, in the unlikely event that the City's review subsequently concludes that a rollback and refunds are warranted, refunds can be made back to ]anuary 1, 1997. We thank you for your attention to the matters presented in this letter. Should you require additional information, please feel free to contact me directly. Sincerely, Kevin C. Griffin KCG/grs Attachments cc: Dennis Stroik, Chairman - w/o enclosures Tom Creighton, Esq.- w/enclosures John Gibbs, Esq. - w/enclosures I~thi Donnelty-Cohen - w/enclosures ORDER RF. GAP, D~G THE REVIEW OF FORM 1210 SLrBMrlTED BY MEKF_.D~ CABLE COMPANY ON OCTOBER 24, 1995 WHEREAS, the City of Columbia Heights (hcrei~af-~r the "City') is certified as a rate regulatory authority pursuant to rules of the Federal Communications Commission (hereinafter "FCC"), 'WHEREAS, the City has notified Meredith Cable Company (hewina.~r "Company") that the Company is subject to the rate wg',flatory authority of the City, "WHI~KEAS,'/be City has received from the Company a FCC Form 1210, rec. eiv~ October 24, 1995, calculating an increase in the Company's maximum permitted rate for Bask service as of January 1, i996, from $7.85 to $9.49, WITflREM, the City has determined that it needs additional time to solicit, receive, and analyze additional information related to the review of the Company's FCC Form 1210, WHEREAS, the Company has since informed thc City that it will not incrr~se its Basic service rate from the current level of $7.85 to the maximum permitted level reflected on its Form 1210, subject to the FCC allowing the Company, effective ~Ianuary 1, 1996, to shift the amount of the increase in the Basic service rate to the Preferr~ service tier on a revenue neutral basis, WHEREAS, the City supports the company in its effort to obtain approval of its Pr~erred service rate from the 1CC, and will not issue a Form 329 complaint against the Company with respect to the Preferred service rate implemented lanuary 1, 1996, NOW, THBREFOR~, IT IS I-I~RBBY ORDERED by the City that the initial thirty (30) day period for the review of the Company's FCC Form 1210 ii tolled for an additional ninety (90) days. FURTHER, for the purpose of calculating the amount of the increase in the maximum permitted Basic s'ervic~ ~te to be shifted to' the Preferred service tier, the City ~entatively approves the Company's FCC Form 1210, with the understanding that, in the event the City's subsequent analysis of FCC Form 1210 requirr, s a downward reduction in the calculation of the maximum permitted Basic service rate, the Compar. y will be required to make such rate adjustments and refunds as are appropriate. FURTHER, that in the event the FCC does not allow the Company to shift the incae, a~ i~': .- maximum permitted Basic servi~ rate to the Prefenr~ service rat~, the Company may implement tl~ Basic service rate, as approved by the City, concurrent with the implementation of the reduction in the Preferred service rate ordered by the FCC, and may offset any refunds ordered by the FCC against the difference between the Basic service rate charged during the period covered by the refund order and the maximum permitted Basic rate, as approved by the City. FURTHER, that this Order shMl be effective immediately, however, the tolling pezincl shall not begin until ~fter the expiration of the initial thirty (30) day period. ORDERED THIS ISTH DAY OF NOVEMBER, 1995. Offer=d by: Pcterson Second=d by; Petkoff Roll call: All Ayes CITY OF COLUMBIA I--IEIGHTS Mayor ~0 TH~ CZ~Y OF COI~O~A KEZ~$ C~lion (he~einafce~ '~C'), ~c ~e C~ is ~ec~ ~o ~e za~e ~la~o~ au~o~ o~ the C~silon, ~, ~e C~ ~0 zece~v~ h~e Yo~ ~8 ~ ~C Fo~ 1210, *~t- ~, Se Foz~ Filings (~p. licaCe the CACM's authori~., co ~egul&~e Magic 8e~ee zace. ~n ~escing ~ ~n~e ~u the C~F'E ~~ ~C~ hsic oe~e ~a~e ~d zelaC~ ~i~C ~acea, on a gong ~o~ WH~EA~, ~he Cic¥ has revieved ~he FoLm ~il~ugs in accordance v$~h ~ ~les ~d re~lat~o~ ~d ~l co~lt~ v~ch ~cs, ~clu~ng acco~ing ~er~l, : ~, ~ C~y solici~ed, r~eived ~d ~l~ed idd~C~onal related to said r~lew ~ the Cl~, I~t~. ~d C~'l FCC Fo~ 1205 ~d 1210 c~ly vi~ applic~le ~la~ons, ~i~n~ ire reaso~le ~d l~roved, s~ecC u MM ~ necessa~, co such pr~r~ng se~ce ~~, C~C ~is ~der a~ll ~ e~fec~ive i~ia~el~. 22 nd January 6 ORDE3~ED THZ$ :D~¥ OF .... Z rn z · 111 ~_m~ rtl CITY COUNCIL LETTER Meeting of: 12/2/96 AGENDA SECTION: I TEHS FOR CONS I DERAT I ON ORIGINATING DEPART1V[ENT: CITY MANAGER NO. ITEM: AUTHORIZATION TO P~C~SE AutoCADD BY: M. W~son B NO. ~LEASE 13 A~ SOFTDESK ~LEASE 7.5 DA~: 11/25/96 DATE: The Engineering Department originally purchased AutoCADD and the civil engineering add-on programs from Softdesk in 1989. The Engineering technicians have steadily progressed to the stage where all of the department's plans are generated on the computers with AutoCADD and Softdesk. All three technicians are working with these programs simultaneously. To be in compliance with software licensing regulations, the department needs to purchase two additional AutoCADD licenses and two additional Softdesk licenses. The Engineering Department has enough funds budgeted in 1996 to purchase two AutoCADD licenses and one Softdesk license. Budgeted in 101-43100-5170 is $7,000 and $3,500 is budgeted in 212-43190-5170. Another Softdesk license will be budgeted for and purchased in a future year. RECOMMENDED MOTION: Move to authorize the purchase of two AutoCADD Release 13 programs fi:om the State Contract with Ameridata for a total of $5,084.32 (including tax) and one Softdesk Release 7.5 Program fi:om Softdesk in Henniker, New Hampshire, for a total of $3,727.50 (including tax) based on their low, qualified, responsible quotes, with funds to be appropriated fi:om 101-43100- 5170 and 212-43 t90-5170; and, furthermore, to authorize the Mayor and City Manager to enter into an Agreement for the same. MAW:jb 96-620 COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS COMPUTER HARDWARE/SOFTWARE NEEDS Detailed descfiptic~ of ~.~e~we~/soffware needed: AutoCaD Proposed vendor: AutoCADD Other vendor: Softdesk Proposed vendor: Softdesk Other vendor: Cost If sc~tware, what I~rdware ~i"required to run the software? Subm~ng D epa ri'r~9.~~t Side I of two-sided form ;ignoture, Division Head (oreo FOR FINANCE DEPARTMENT USE ONLY: Summary of MIS Coordinator's review c~'~l recommendations: Signature of MIS Coordinator Finance Director's recommendation: Recommend purchasing as requested [] ' Do not recommend purchase because Date Alternatives and recommended action to be considered: ~i'gnature of Finance Director compneed Date Side 2 of two-sided form rev6~30~95 CITY COUNCIL LETTER Meeting of: December 2, 1996 AGENDA SECTION: ITEMS FOR CONS 1 DERATI ON ORIGINATING DEPT.: CITY MANAGER NO: ~ Other B~;n~ Recreation APPROVAL Capital Improvement Budget Recreation Digector NO: 9' C~' ~) DATE: November 27, 1996 At the November 26, 1996 meeting of the Columbia Heights Park and Recreation Commission, the Commission unanimously approved amendments to the 1996 Murzyn Hall capital improvement budget (#411-45129-5120.) The Park and Recreation Commission requests that the City Council approve the amended 1996 Murzyn Hail capital improvement budget as listed in the attached memo from the Recreation Director. RECOMMENDED MOTION: Move to approve the amended 1996 Murzyn Hall fund #411 capital improvement budget as listed in the Recreation Director's November 27, 1996 memo; move to authorize staff to seek bids to install heat tape on Murzyn Hall; and move to purchase 300 padded folding chairs at a cost of $8,244.00 from the Adirondack Co. based on low informal quote. COUNCIL ACTION: attachment ADMIN: AMENDBUD. 9 6 TO: FROM: DATE: SUBJECT: CITY OF COLUMBIA HEIGHTS Recreation Department Mayor and City Council Randy Quale, Recreation Director ]~ November 27, 1996 Amended Budget for 1996 Murzyn Hall Capital Improvement Projects At the November 26, 1996 meeting of the Columbia Heights Park and Recreation Commission, the Commission unanimously approved amendments to the 1996 Murzyn Hall capital improvement budget (#411- 45129-5120.) The Park and Recreation Commission requests that the City Council approve the amended 1996 Murzyn Hall capital improvement budget as contained in this memo. Listed below are the projects that were originally budgeted for 1996. Provide make-up air for kitchen exhaust Carpet for senior lounge area Resurface main hall wood floor Redo west entrance Redo wall above stove (kitchen) Install glass doors on fireplace and combustion air line $3,000.00 4,000.00 3,000.00 5,000.00 5,000.00 L000.00 TOTAL $21,000.00 In reviewing the projects listed above, it was determined that except for the Senior Center carpeting, all other projects do not necessarily need to be done. In a conversation with Honeywell (who provide HVAC maintenance services at Murzyn Hall), Honeywell indicated that the current air handling units in the kitchen and main hall adjacent to the fireplace are adequate. Also, there is no need to install glass doors on the fireplace. In fact, the current wire mesh in front of the fire place is preferable to glass doors which are easily breakable. Regarding the project to redo the west entrance, the plan was to replace the small double doors with a single large door and to provide a loading dock. However, the placement of a usable loading dock on the west entrance is not feasible so this project should be tabled. This past month, the crack in the kitchen wall above the stove was inspected by the Assistant City Engineer. It was determined that the crack was not a structural concern. Therefore, the crack can be patched in-house with the expenses for some patching plaster and paint covered in the Murzyn Hall budget (estimated at less than $50.00), So far in 1996, the only capital improvement funds expended have been for the installation of new carpeting and tile in the senior center at a cost of $3,847.00. The main hall was re£mished in-house and all costs were covered within the Murzyn Hall budget. That leaves $17,153.00 for other capital improvement projects at Murzyn Hall for 1996. Page - 2 It is the Park and Recreation Commission's recommendation that the estimated balance of $17,153.00 be used for the following projects at Murzyn Hall in 1996: Purchase 300 padded folding chairs Repair westerly section of roof Install lighting for stage area Install heat tape on roof Install kitchen cabinets for silverware & plates $8,244.00 1,275.00 1,000.00 4,000.00 2~500.00 TOTAL $17,019.00 The 300 padded folding chairs should be purchased to replace the worn out stacking chairs. The repairs to the westerly section of the roof must be completed before winter. There is a definite need to improve lighting of the stage area for concerts, plays, etc. (as suggested by the City Manager). The installation of heat tape should greatly reduce the ice dam problem we experience each winter. The kitchen cabinets are needed to properly secure our supply of dishes and silverware. Pending the City Council's approval of the amended 1996 Murzyn Hall capital improvement budget, the Recreation Director would obtain price quotes for all projects with an estimated cost of $4,000.00 or more. Be aware that price quotes have already been received for the purchase of 100 padded folding chairs. Since the cost of 100 chairs was less than $3,000.00, Council authorization to solicit price quotes on the chairs was not required. However, if the City Council approves the ammended budget, the Recreation Department would like to use the low price quote already received to purchase 300 padded chairs. The low price quote is for $27.48 per chair from the Adirondack Co. to purchase 100 or more chairs. Attached are the two price quotes received along with the list of businesses from which price quotes were solicited. P&RCOMM: CCCIP96.MEM 16:~4 TO 0 ITl .<~ x Date 735 N, Water Street Nationa! Business Furmture Re. Box 92952 Milwaukee, WI 53202 (414) 276-8511 FAX (414) 276-8371 Source Code SHIP TO QUOTATION BILL TO CO.NAME PI,ACED BY Box Ce. NAME ATTN ADDRESS CITY ~PHONI~ S'T ZIP FAX C OMPUTF. P. COIA)R PRODUCT DESCRIPTION i'RICE NO. FINISH DEl, DEl, CtIARGE 'I'[MI,. ~.q5 3. -d Merchandise Total includes NBF Discount * Additional Volume' Discounts begin at $2,000. You may lease the above furniture for 36 months for as little as -~ per month. Ask me for details. Note P.O. 1V[DSE TOTAL *VOL.D1SC SUBTOTAL ~ DELIVER.~/ TOTAL,j "Beautiful Offices at Affordable Prices" ® C & K, Inc. 1408 Northland Drive Mendota Heights, MN. 55120 Superior Products P.O. Box 64177 St. Paul, MN. 55164-0177 Alfax Wholesale Furniture 370 7th Avenue - Suite 1101 New York, NY 10001 Adirondack Direct The Adirondack Bldg. 31-01 Vernon Blvd. Long Island City, NY 11106 MMI Federal Marketing Service P.O. Box 241367 Montgomery, AL. 36124-1367 Modem Office 7545 Golden Triangle Drive Eden Prairie, MN. 55344 Dauphin North America 180 Passaic Avenue Fairfield, NJ 07004 Concept Seating, Inc. W227 N6193 Sussex Road Sussex, WI. 53089-3969 BioFit Engineered Seating P.O. Box 109 Waterville, OH 43566-0109 Arrow Star 3-1 Park Plaza Department 16 Glen Head, NY 11545 Global Industrial Equipment 22 Harbor Park Drive Department Q Port Washington, NY 11050 MINNCOR Industries 2855 Anthony Lane So. Ste. 200 St. Anthony, MN. 55418 BodyBilt Seating One BodyBilt Place Navasota, Texas 77868 Upbeat, Inc. 4350 Duncan Avenue St. Louis, MO. 63110 Amotek/Lusa, Inc. 1730 State Street Bridgeport, CT. 06605 IlO.co MINUTES November 4, 1996 The meeting was called to order by President, Barbara Miller. Those present were: Barbara Miller, Richard Hubbard, Pat Sowada, and Becky Loader. It was moved, seconded, and passed to approve the minutes of the October 1st meeting as mailed. The notes from the Council/Board budget meeting ~ere. reviewed and appro.ved. The October 28th list of bills was reviewed. It was moved, seconded and passed that they be paid. The November 12th list of bills was reviewed. It was moved, seconded, and passed that they also be paid. The accounting was reviewed. The election of officers was tabled until the December meeting. Old Business: 2.) 3.) ' 4.) The Board decided to purchase red Columbia Heights Public Library t-shirts for promotions and future Jamboree parade participants. Pat Sowada will contact the person who made up the last order and get the necessary paperwork for processing. The distinction between, donations of goods and cash was discussed. Staff spoke with the City Manager and the City Attorney and a policy was set that only cash donations need to be presented to the City Council for approval. The rental of mats from Leef Brothers was not a viable option for the library. All the mats that were tried rolled on the lobby carpeting presenting a safety hazard. The currently owned mats will be cleaned and replacements will be purchased of those that cannot be salvaged. Squeegee Pro has been to the library once to clean the windows. He will be coming again on November 8, for his second window cleaning. Town and Country cleaning service was discussed. City wide there is dissatisfaction with the work and costs. The possibility of some new cleaning service is being explored. New sod has been installed in the backyard. Public Works completed this project for the library. The Information Management committee's work was updated for the Board. The major change for the library right now, is that the building will be connected with the network at City Hall and Public Works. 5.) No update on the 1997 budget is available at this time. - 2 6.) A report on October 29 meeting concerning the problems with the phone renewal system (Dectalk) was given. The problem was explained to the Board, and possible solutions were discussed. The Board will be updated as necessary. New Business: 1.) The five year Capital Improvement:Plan was tabled to a future meeting. 2.) The proposed 1997 holiday schedule was reviewed and discussed. It was moved, seconded, and passed to accept the schedule ai presented and to close the library on Saturday, July 5. 3.) The roof problems for the City will now be handled by Public Works. The replacement of Building Inspection personnel was discussed. 4.) Angie Daubenspeck resigned with no notice on October 22, 1996. The vacant position will be advertised and a replacement sought. 5.) The 1996 fire safety posters were judged by the staff. 6.) An attendance survey was taken the week of October 28 through November 2. The figures from this year were much lower that 1995. Staff felt that this was due to the fact that in 1995 Friends of the Library volunteers counted patrons, and this year staff tired to keep track themselves. The Board enquired whether it would be possible to conduct another survey with the help of volunteers and then average the two counts. Staff will explore this possibility. 7.) Copies of the new in-touch newsletter, from the Children's Department, were distributed to the Board. 8.) Crossover statistics were reviewed. It was noted that for the first time Columbia Heights is included in the reference statistics. It was also noted that circulation for Columbia Heights is up 15 %. 9.) The changes in licensing regulations for the City were reviewed. The Board recessed to executive session for purposes of discussing pending personnel issues at 8:00 p.m. The Board reconvened for adjournment at 8:15 p.m. There being no further business the meeting was adjourned. Respectfully submitted, ~Schmidt, Secretary to the Library Board of Trustees. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs, and activities. THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION MEETING OF THURSDAY, NOVEMBER 21, 1996 The meeting was called to order at 7:40 p.m. by Chairman, Dennis Stroik. Roll Call: Commission Members: Council Representative: City Representative: Cable TV Representative: Legal Counsel: Dennis Stroik, Ken Henke, Reuben Ruen, and Steve Mihalchick. Meg Jones Linda Magee and Jean Kuehn Kathi Donnelly-Cohen from Meredith Cable and John Gibbs, Attorney for Cable Company Tom Creighton and Bob Vose Also in attendance was Harold Hoium, Columbia Heights resident. AppROVAL OF MINUTES Motion by Steve, seconded by Ken to approve the minutes from August 15, 1996. All ayes. OLD BUSINESS A. Channel Check Everything checked out f'me during the channel check. B. Correspondence Log and Complaint Follow Up. Teresa Taylor ~ stated she was still having problems with her Sega programming. Kathi reported the technicians from Meredith found that she had looped outlets, not home mn outlets, in the wiring of her cable. They re-wired the house and everything is now ok. Lawrence Wodziak #100-reported that the cable box in front of his house was in need of repair. This has been done. C. Preliminary Report on Best Available Technology to Refurbish the Cable System Addressed later in the meeting. D. Other Old Business There was no other 0kl business. TELECOMMUNICATIONS COMMISSION PAGE 2 NOVEMBER 21, t996 NEW A. BUSINESS Report on the Transfer of Ownership from Meredith to Continental and from Continental to US West Addressed later in the meeting. Third Quarter Franchise Fees for Columbia Heights and Hilltop. A copy of the franchise fees received by Columbia Heights and Hilltop for third quarter were enclosed in the agenda packets. C. MCN Newsletter Do The MCN Newsletter was enclosed in the packet for the commissioners to review. Discussion re: Proposals Received on Microphones for Council Chambers Jean explained that the Councilmembers have made a request to obtain information and prices for hardwired microphones that sit on the table. They are not happy with the present wireless microphone system as there have been inconsistencies in the audio levels, the microphones pick up paper noise, and the intermittent interference problems we have experienced. They also would like to have the option of a mute switch. There was a discussion regarding this feature as the ccmncil wants to be able to shut off the audio from time to time, but there are concerns about whether they will remember to turn them back on. Another feature discussed was an indictor light panel that would alert the mayor of who wishes to speak. There was some discussion regarding the various options available to improve the audio for the council, the audience, and for broadcasting purposes. It was decided to form a sub-committee of Ken Henke, Reuben Ruen, and Jean Kuehn to further investigate the various options and to make a recommendation to the Commission in December. Notification of Proposed Rate Adjustments Beginning January t, 1997 Meredith has notified the City that they will be adjusting equipment rates and rates for Basic Service effective January 1, 1997. The City, as the rate regulatory authority, has 30 days to review the information and determine whether the proposed rate increase to equipment and other fees and the basic rate is within the FCC's standards for updating equipment and basic rates. First of all, Tom recommended the commission recommend to the City Council adoption of an order tolling the initial thirty day period for the review of the proposed rate increase and other entries on FCC Form 1210 for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order permitting the rate increase to go into effect January 1, 1997, subject to rollback and refunds upon completion of review by the City. TELECOMMUNICATIONS MEETING PAGE 3 NOVEMBER 21, 1996 Secondly, he recommended that the commission recommend to the City Council adoption of an order tolling the initial thirty day period for the review of the proposed equipment rates and other entries on FCC Form 1205 for an additional 90 days in order to complete an assessment of the proposed increase and issuing an interim order permitting the equipment increase to go into effect January 1, 1997, subject to rollback and refunds upon completion of review by the City. Lastly, Tom explained thai Meredith has included in the PEG fee the reimbursement of professional fees incurred by the City in the transfer of ownership. This is not allowed under the Memorandum of Understanding between Meredith and the City of Columbia Heights which provides for collection from subscribers of a PEG fee to subsidize certain community programming expenses, nor is it allowed under relevant rate regulations. Thus, a resolution should be passed ordering Meredith to calculate the PEG fee without inclusion of professional reimbursement or any other expense not provided for in the Memorandum of Understanding. Motion by Steve, seconded by Ken to recommend to the City Council passage of the above orders. All ayes. It was noted these Orders would be presented to the Council at the December 2, 1996 Council Meeting. F. Other New Business Steve asked whether franchise fees collected from the Cable System should be used to pursue the other utility companies for additional franchise fees for their use of the rights of way. There was some discussion about the difference between essential services for the betterment of the public versus companies that want to use right of way areas for a profit. Tom stated that the League is studying this issue at the present time. Reuben asked if it was possible to carry the NASA channel in place of the Blaine Access channel. Kathi explained they have other plans for that channel and that NASA is not one of options being considered at this time. PREVIOUS ITEMS: OLD BUSINESS C. Preliminary Report on Best Available Technology to Refurbish the Cable System Linda said the City will be sending a letter to the Cable Company requesting a report on the best available technology to upgrade the system. In our franchise, it states we can request this information anytime after January 1996. Since we knew the purchase of the cable system was pending, we decided to wait until the sales were consummated so we didn't have to request this information from three different parties. NEW BUSINESS A. Report on the Transfer of Ownership from Meredith to Continental and from Continental to US West Tom reviewed the correspondence that was sent by his office to US West and their attorneys, and correspondence that was received by US West's attorneys. On October 18th a letter was received from attorneys for US West informing the Cable Systems that the Petition for Special Relief had been granted. On October 25th a letter was sent informing us that the closing took place for the purchase of Meredith by Continental Cablevision Inc. At this time they notified us that they were g0'mg ahead with the sale to US West. TELECOMMUNICATIONS COMMISSION P AGE, 4 NOVEMBER 21, 1996 On October 28th Tom notified the Attorney for US West that he was appealing the Cable Services Bureau Order regarding the Petition for Special Relief on behalf of the Cable Systems in this area. He informed them that they had not obtained the proper approval of the local entities for the sale to proceed, and until this is done they should not attempt to close the sale. On November 15th Tom received notification that the sale to US West was taking place on that day without the proper approval being granted. Tom then sent them a Notice of Impending Violation of the Franchise, dated November 15th, and again told them not to proceed without the proper approval being granted. Then a Notice of Violation of Franchise was sent also on November 15th after several phone calls were made only to discover that the sate had already taken place. Because US West acted without proper notification or consideration to the franchises involved in the purchase, Commission members must decide what course of action to recommend to the City of Columbia Heights City Council. Tom informed them the City has the following options if they decide a violation of the franchise has taken place. We have the option of invoking procedures to cancel or terminate the Franchise, and/or We can draw on the Letter of Credit. The Letter of Credit in the amount of $50,000 provides funds to be paid to the City for failure to comply with any provision of the franchise. The City may impose monetary penalties in the amount of $50.00 per day. If the City decides to pursue either of these avenues, written notice must be provided to US West. US West would then have t0 days to dispute the alleged violation. The City would then be required to hear the grantee's dispute at the next regular council meeting. The City must issue written f'mdings of fact. If the City determines no violation has taken place the City would have to refund the amounts drawn from the Letter of Credit within 10 days. The Letter of Credit was incorporated into the franchise as a less extreme measure to deal with problems or violations, but still protect the city's interest. John Gibbs, Attorney for the Cable Company, responded to the claim that the Franchise had been violated. It is US West's contention that the approval was given for both sales if the waiver was granted. However, the waiver was not granted, but the Petition for Special Relief was. US West is aware we filed an appeal of the decision with the FCC. The FCC has not acknowledged receiving our appeal filed November 12, 1996. They may decide to review, at their discretion, but are not required to do so. After hearing both attorneys, a motion was made by Steve, seconded by Meg to recess to an Executive Session at 9 pm to discuss pending legal action regarding a possible violation of our Cable Franchise. All ayes. At 9:30 pm we re-convened the meeting. It was noted that no action was taken during the executive session, that Tom answered questions regarding the FCC waiver. John Gibbs, attorney for the Cable Company, went over the advantages/disadvantages of terminating the Franchise. He is concerned that US West must divest the cable systems within a year and they want the s)f. stems to remain marketable. As the FCC shortened the time US West can own the system, any litigation would stow the process of re-selling the systems. TELECOMMUNICATIONS COMMISSION PAGE 5 NOVEMBER 21, 1996 The timing of providing written notice and scheduling the required hearing with the holidays approaching was a concern. Tom reminded commission members that if they recommend that the City Council draw on the Letter of Credit, and the City Council takes action to do this, it would revert back to November 15th (the date of the sale, without approval to US West) no matter when the written demand was made. Motion by Steve, seconded by Ken that we f'md US West is in violation of our franchise as they did not receive our consent on the Transfer of Ownership, and that we recommend to the City Council implementation of penalties under section 11.113(5)-Letter of Credit, but request that staff hold the recommendation so it can be scheduled during the January meeting cycle. All ayes. This item will then be scheduled for the January 13th City Council meeting. A. Report of the Commissioners There was nothing to report at this time. B. Report of Meredith Cable Kathi noted that the August, September, and October reports were all included in the agenda packets. She reminded the commission members that on October 31st the pay per view channel #31 was replaced with FX. She then went on to review the stats with the commission members. Kathi said the subscribers are going to be notified of the rate increase and the channel lineup changes that will take effect December 31, 1996. C. Report of the Cable Attorney Tom had nothing further to report. 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 10:00 pm. All ayes. Respectfully submitted, Shelley ~ ~ Secretary